HomeMy WebLinkAboutLegislation 07.24.14City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00708 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND NICHOLSON CONSTRUCTION CO.,
A FOR PROFIT CORPORATION, FOR THE USE OF APPROXIMATELY 1.15 ACRES
OF THE CITY -OWNED PROPERTY LOCATED ON A PORTION OF VIRGINIA KEY
AT 3801 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR USE OF
EQUIPMENT TRANSPORT, PERSONNEL ACCESS AND EGRESS, CLEAN FILL
STOCKPILING, MATERIALS HANDLING, AND BARGE LOADING AND UNLOADING
ACTIVITIES IN CONNECTION WITH THE NORRIS CUT TUNNEL PROJECT,
PROVIDING FOR RENOVATIONS TO THE AREAAND CLEAN FILL WITH AN
ESTIMATED VALUE OF $277,000.00; FURTHER AUTHORIZING THE CITY
MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT
AS NEEDED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET
FORTH IN THE AGREEMENT, SUBJECT TO CITY ATTORNEY APPROVAL.
WHEREAS, the City of Miami ("City") is the owner of a tract of uplands on Virginia Key
("Property") as well as submerged lands abutting Virginia Key; and
WHEREAS, Nicholson Construction Co., a for profit corporation ("Licensee"), is a contractor for
and undertaking work on behalf of the Miami -Dade County Water and Sewer Department
("MDWASD") on the replacement of the 54" Force Main under Norris Cut (" Norris Cut Tunnel")
MDWASD Project No. DB12-WASD-01 on or around Virginia Key; and
WHEREAS, the City wishes to support and facilitate the construction of the Norris Cut Tunnel ;
and
WHEREAS, Licensee wishes to use a portion of the "Virginia Key" site for equipment transport,
personnel access and egress, clean fill stockpiling, materials handling, and barge unloading and
loading activities; and
WHEREAS, the Revocable License Agreement ("Agreement"), attached and incorporated, is
personal to the Licensee and is not assignable or otherwise transferable; and
WHEREAS, the Agreement does not transfer any interest in the Property and is
revocable -at -will by the City and without the consent of the Licensee; and
WHEREAS, the Agreement permits only certain, enumerated, specific, listed permitted uses,
and does not permit anything further;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2
File 1(1: 14-00708 (Version: 1) Printed On: 7/16/2014
File Number: 14-00708
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 an Agreement, in substantially the
attached form, between the City and Licensee, for the use of 1.15 acres of City -owned property
located on a portion of Virginia Key at 3801 Rickenbacker Causeway, Miami, Florida, for use of
equipment transport, personnel access and egress, clean fill stockpiling, materials handling, barge
unloading and loading activities in connection to the Norris Cut Tunnel Project, providing for
renovations to the area and clean fill with an estimated value of $277,000.00.
Section 3. The City Manager is further authorized{1} to make non -substantive amendments to
such Agreement, as needed, with terms and conditions more particularly set forth in the Agreement,
subject to City Attorney approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all
imposed by the City Attorney, including but not limited to those prescribed
and Code provisions
{2} If the Mayor does not sign this Resolution, it shall become effective
days from the date it was passed and adopted. If the Mayor vetoes this
effective immediately upon override of the veto by the City Commission
requirements that may be
by applicable City Charter
at the end of ten calendar
Resolution, it shall become
City of Miami Page 2 of 2 File Id: 14-00708 (Version: 1) Printed On: 7/16/2014