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City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00606
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCESS,
INDEMNIFICATION AND ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BOUYGUES CIVIL WORKS FLORIDA, INC., GRANTING
TEMPORARY ACCESS RIGHTS TO THE VIRGINIA KEY LANDFILL SITE, FOR
THE DELIVERY OF DONATED TUNNEL FILL MATERIAL, TO BE USED FOR THE
NECESSARY REMEDIATION OF THE LANDFILL SITE, WITH FINAL LOCATIONS,
HEIGHTS, AND QUANTITY TO BE DETERMINED BY THE CITY OF MIAMI,
SUBJECT TO SOIL RE -USE APPROVALS FROM MIAMI-DADE COUNTY.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at Folio Number
01-4209-000-0010 Miami, Florida, known as Virginia Key Landfill ("Property"); and
WHEREAS, the attached Access, Indemnification and Acceptance Agreement ("Agreement")
grants access to Bouygues Civil Works Florida, Inc. ("Bouygues") for the purpose of performing
certain work relating to the acceptance of donated tunnel fill material; and
WHEREAS, the fill will be transported by Bouygues to the Property at its own cost; and
WHEREAS, the fill will be stockpiled in various locations within the Property, with final locations,
heights and quantity to be determine by the City, in conjunction with the Planning Department; and
WHEREAS, Bouygues will be responsible for satisfying all applicable environmental (DERM, etc.)
requirements and attaining all environmental approvals that may be required for the testing, transport,
drying and placement of the fill material in temporary and final locations to be approved by the City and
for any site preparation and restoration; and
WHEREAS, the Agreement results in no fiscal impact to the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Agreement, with Bouygues, in
substantially the attached form, granting temporary access to the Property, for the delivery of donated
tunnel fill material, to be used for the necessary remediation of the landfill site, with final locations,
heights and quantity to be determined by the City,subject to soil re -use approvals from Miami -Dade
County.
City of Miami
Page 1 of 2 File Id: 11-00606 (Version: 1) Printed On: 7/8/2011
File Number: 11-00606
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESSr
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 11-00606 (Version: 1) Printed On: 7/8/2011