HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16783
Date: 10/10/2024
Commission Meeting Date: 10/24/2024
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Execute - License Agreement - MPA Lot 17 - MRC Garage
Purpose of Item:
A resolution of the Miami city commission authorizing the City Manager to execute a
license agreement ("License"), in a form acceptable to the City Attorney, between the
City of Miami ("City") and the Department of Off -Street Parking of the City of Miami, an
agency and instrumentality of the City of Miami, Florida ("MPA"), for a term of three (3)
years from the effective date of the license for use of MPA lot 17, located underneath
Interstate 95, for the purpose of vehicular access of city staff into the adjacent City -
owned property, known as the Miami River Center parking garage, ("MRC Garage").
further authorizing the City Manager to negotiate and execute any and all necessary
documents, including any amendments and modifications to said License, in forms
acceptable to the City Attorney, as may be necessary to effectuate the License, and
compliance with all applicable provisions of the charter and code of the city of Miami,
Florida, as amended, and in compliance with all applicable laws, rules, and regulations,
as may be deemed necessary.
Background of Item:
The MPA has a Use and Occupancy Agreement for FDOT Parcel No.628, also known
as MPA Lot 17, located underneath Interstate 95 ("Lot 17"), from the fee simple
landowner, the Florida Department of Transportation ("FDOT"). FDOT, as fee simple
owner and Lessor of the Property under that certain Use and Occupancy Agreement
with MPA, dated February 25, 2021, incorporated herein by reference, MPA may enter
into license agreements with third parties, subject to FDOT's approval. MPA agrees to
enter into this License with the City for the purpose of vehicular access of City staff into
the adjacent CITY -owned property, known as the Miami River Center parking garage,
("MRC Garage") through Lot 17.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Item has NOT an Expenditure
Total Fiscal Impact:
N/A
Department of Real Estate
Review Completed
City Manager's Office
Office of Management and
Office of Management and
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
and Asset Management
10/10/2024 4:45 PM
Larry M. Spring
Budget Pedro Lacret
Budget Leon P Michel
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Valentin J Alvarez
George K. Wysong III
Maricarmen Lopez
City Clerk's Office
Andrew Frey
Assistant City Manager
Budget Analyst Review
Budget Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Rendered
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
10/11/2024 10:33 AM
10/11/2024 10:59 AM
10/11/2024 11:09 AM
10/11/2024 11:46 AM
10/11/2024 12:23 PM
10/11/2024 5:29 PM
10/15/2024 11:56 AM
10/15/2024 12:02 PM
10/24/2024 9:00 AM
10/28/2024 4:14 PM
City of Miami
Legislation
Resolution
Enactment Number: R-24-0421
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16783 Final Action Date:10/24/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A LICENSE AGREEMENT ("LICENSE"),
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI ("CITY") AND THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY
OF MIAMI, AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI,
FLORIDA ("MPA"), FOR A TERM OF THREE (3) YEARS FROM THE EFFECTIVE
DATE OF THE LICENSE FOR USE OF MPA LOT 17, LOCATED UNDERNEATH
INTERSTATE 95, FOR THE PURPOSE OF VEHICULAR ACCESS OF CITY STAFF
INTO THE ADJACENT CITY -OWNED PROPERTY, KNOWN AS THE MIAMI RIVER
CENTER PARKING GARAGE ("MRC GARAGE"). FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO SAID
LICENSE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE
NECESSARY TO EFFECTUATE THE LICENSE, AND COMPLIANCE WITH ALL
APPLICABLE PROVISIONS OF THE CHARTER AND CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS,
RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY.
WHEREAS, the Department of Off -Street Parking of the City of Miami, hereinafter referred to
as the Miami Parking Authority ("MPA"), has a Use and Occupancy Agreement for FDOT Parcel
No.628, also known as MPA Lot 17, located undemeath Interstate 95 ("Lot 17"), from the fee simple
landowner, the Florida Department of Transportation ("FDOT"); and
WHEREAS, pursuant to the Use and Occupancy Agreement between FDOT and the MPA,
dated February 25, 2021, incorporated herein by reference, the MPA may enter into license
agreements with third parties, subject to FDOT's approval; and
WHEREAS, MPA agrees to enter into this License with the City for the purpose of vehicular
access of City staff into the adjacent City -owned property, known as the Miami River Center parking
garage ("MRC Garage") through Lot 17;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute the License with
MPA for the purpose of vehicular access of City staff into MRC Garage through Lot 17.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Section 3. Subject to the statutory limitations set forth in Section 768.28, Florida
Statutes, the City agrees to indemnify, defend and hold harmless, the MPA and FDOT for City's
negligent or wrongful acts or omissions in connection with its use of the License area.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
documents, in a form acceptable to the City Attorney, as may be necessary to complete the
aforementioned transaction subject to all federal, state, and local laws that regulate such
transactions.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
City ttor ey710/15/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.