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HomeMy WebLinkAboutR-13-0245City of Miami Legislation Resolution: R-13-0245 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00431 Final Action Date: 6/27/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), ALLOWING FOR THE COUNTY AND ITS CONTRACTOR(S) TO ACCESS APPROXIMATELY 75,000 SQUARE FEET OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR CONSTRUCTION STAGING ACTIVITIES RELATED TO THE REHABILITATION OF BRIDGE NO. 874541 (WEST BRIDGE) AND BRIDGE NO. 874544 (BEAR CUT BRIDGE) ON THE RICKENBACKER CAUSEWAY; ESTABLISHING A USE FEE OF TWO THOUSAND DOLLARS ($2,000) PER MONTH, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LICENSE. WHEREAS, the City of Miami ("City") is the owner of the property located at 3501 Rickenbacker Causeway, Miami, Florida ("Property"); and WHEREAS, Miami -Dade County ("Licensee") is undertaking a project intended to rehabilitate Bridge No. 874541 (West Bridge) and Bridge No. 874544 (Bear Cut Bridge) on the Rickenbacker Causeway (collectively the "Project"); and WHEREAS, Licensee anticipates the Project to take approximately thirteen (13) months; and WHEREAS, Licensee is requesting permission to temporarily use approximately 75,000 square feet of the Property for construction staging, materials storage, unloading and loading activities; and WHEREAS, the City wishes to support and facilitate the construction of the Project; and WHEREAS, the City desires to enter into a Revocable License Agreement ("License"), attached and incorporated; and WHEREAS, the License is revocable at -will by the City and without the consent of the Licensee; and WHEREAS, the License does not transfer an interest in real property including any leasehold interest in real property owned by the City; and WHEREAS, the License confers no exclusive possession of the Property; and WHEREAS, the License does not convey or transfer any right to exclude the City from any real property; and City of Miami Page 1 of 2 File Id: 13-00431 (Version: 21 Printed On: 9/1/2017 File Number: 13-00431 Enactment Number: R-13-0245 WHEREAS, the License permits only certain, enumerated, specific, listed Permitted Use, and does not permit anything further; and WHEREAS, the License is subject to the audit and inspection rights set forth in Sections 18-100 and 18-102 of the Code of the City of Miami, Florida, as amended; and WHEREAS, the City and Licensee desire to enter into a License; and WHEREAS, the parties jointly and voluntarily stipulate as to the accuracy of these recitals; 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 hereby authorized {1 } to execute a License, in substantially the attached form, with the County, allowing for the County and its contractor(s) to access and use approximately 75,000 square feet of the City -owned Property, for construction staging activities related to the Project, for a fee of Two Thousand Dollars ($2,000) per month, plus State of Florida Use Tax, if applicable, with additional terms and conditions more particularly set forth in the License. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 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: 13-00431 (Version: 21 Printed On: 9/1/2017