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HomeMy WebLinkAboutR-12-0216City of Miami Legislation Resolution: R-12-0216 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00389 Final Action Date: 5/24/2012 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AND JOINDER TO THE DEVELOPMENT AGREEMENT ("AGREEMENT"), BY AND BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI SPORTS AND EXHIBITION AUTHORITY AND LINDEN AIRPORT SERVICES CORPORATION ("TENANT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PURPOSE OF DEVELOPING AND CONSTRUCTING THE HELIPORT FACILITY AND SETTING FORTH THE TENANT'S FINANCIAL CONTRIBUTION REQUIREMENTS TOWARDS THE COMPLETION OF THE HELIPORT FACILITY LOCATED AT APPROXIMATELY 980 MACARTHUR CAUSEWAY AT WATSON ISLAND, MIAMI, FLORIDA, A CITY -OWNED PROPERTY, FORATERM OF SIXTY (60) MONTHS FROM THE EFFECTIVE DATE OF THE AGREEMENT. WHEREAS, pursuant to the findings reported by Thompson Consultants International in the Master Plan prepared in March of 1995, there is a demand for air transportation services in the Greater Miami downtown area; and WHEREAS, the City of Miami ("City") and the Miami Sports and Exhibition Authority ("Authority") entered into that certain Interlocal Agreement dated as of August 14, 1997 ("Interlocal Agreement"), whereby the City leased to the Authority approximately 5.6 acres of land on a portion of Watson Island in the City of Miami, Miami -Dade County, Florida, for the purpose of establishing a seaplane and helicopter facility; and WHEREAS, the City and the Authority issued a Request for Proposal for operators for the Watson Island Aviation and Visitors Center, also known as the Watson Island Air Transportation Facility, on August 19, 2002; and WHEREAS, the City and the Authority received a Proposal for a Heliport Operator for the Watson Island Aviation and Visitors Center on September 27, 2002 (the "Proposal"), by Linden Airport Services Corporation ("Tenant"); and WHEREAS, the City has obtained a commitment from the State of Florida Department of Transportation ("FDOT") to fund, in part, the costs of construction of the Watson Island Air Transportation Facility in accordance with the provisions of that certain Joint Participation Agreement between the City and FDOT under Contract Number APY07, in the total sum of $1,096,000 or 17% of the total Project Cost, whichever is less ("JPA"); and WHEREAS, on March 30, 2010, the City obtained approval of the Airport Layout Plan and Narrative Report of the Watson Island Air Transportation Facility from FDOT, in which they determined the reports to be in compliance with Florida Administrative Code Chapter 14-60 and the FDOT Guidebook for Airport Master Planning, subject to certain conditions which the tenant must City of Miami Page 1 of 3 File Id: 12-00389 (Version: 1) Printed On: 11/9/2017 File Number: 12-00389 Enactment Number: R-12-0216 comply with; and WHEREAS, on July 30, 2010, the City obtained approval of Form 7480-1, Notice of Landing Area Proposal, from the Federal Aviation Administration, in which they determined that the proposed public use landing area will not adversely affect the safe and efficient use of the navigable airspace by aircraft, subject to certain conditions which the Tenant must comply with; and WHEREAS, in accordance with the Interlocal Agreement, the Authority and the Tenant have entered into a Sublease Agreement, dated of even date herewith, to provide for the management and use of approximately 2.41 Acres of the Watson Island Air Transportation Facility; and WHEREAS, the Tenant has committed to contribute to the construction of the Heliport: (1) a sum equal to or greater than the total commitment contribution from FDOT; and (2) Three -Hundred Fifty Thousand Dollars ($350,000) as stated in the response to the Proposal; and WHEREAS, the Parties have determined that it is in the best interest of the Parties to transfer to the Tenant the responsibility for the construction of the Heliport and to set forth the Parties' funding obligations, on the terms and conditions hereinafter set forth; 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 fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute a Consent and Joinder to the Development Agreement ("Agreement"), by and between the City, the Authority and the Tenant, in substantially the attached form, for the purpose of developing and constructing the heliport facility and setting forth the Tenant's financial contribution requirements towards the completion of the heliport facility located at approximately 980 MacArthur Causeway at Watson Island, Miami, Florida, a City -owned property, for a term of sixty (60) months from the Effective Date of the Agreement. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 2 of 3 File Id: 12-00389 (Version: 1) Printed On: 11/9/2017 File Number: 12-00389 Enactment Number: R-12-0216 {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 Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 3 of 3 File Id: 12-00389 (Version: 1) Printed On: 11/9/2017