HomeMy WebLinkAboutR-14-0342City of Miami
Legislation
Resolution: R-14-0342
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00708 Final Action Date: 9/11/2014
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 FIVE (5)
ACRES OF THE CITY -OWNED PROPERTY LOCATED ON A PORTION OF
VIRGINIA KEY AT 3801 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR USE
OF EQUIPMENT TRANSPORT, CLEAN FILL STOCKPILING AND BARGE LOADING
AND UNLOADING ACTIVITIES IN CONNECTION WITH THE NORRIS CUT TUNNEL
PROJECT, PROVIDING FOR CONSIDERATION IN THE FORM OF A ONE TIME
PAYMENT OF $50,000.00 AND THE PROVISION OF OVER 30,000 CUBIC YARDS
OF CLEAN FILL; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE
NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
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, Miami, Florida; 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 inch 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, clean fill stockpiling, 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:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
City of Miami
Page 1 of 2 File Id: 14-00708 (Version: 1) Printed On: 1/11/2018
File Number: 14-00708 Enactment Number: R-14-0342
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 approximately five (5) acres of
City -owned property located on a portion of Virginia Key at 3801 Rickenbacker Causeway, Miami,
Florida, for use of equipment transport, clean fill stockpiling, and barge unloading and loading
activities in connection with the Norris Cut Tunnel Project, providing for consideration in the form of a
one-time payment of $50,000.00 and the provision of over 30,000 cubic yards of clean fill.
Section 3. The City Manager is further authorized{1} to make non -substantive amendments to
such Agreement, as needed, in a form acceptable to the City Attorney.
Section 4. 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: 14-00708 (Version: 1) Printed On: 1/11/2018