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HomeMy WebLinkAboutSubmittal-Alice Bravo-Agreement Substitution MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Submitted into the public record for item(s) C • Gl on 1 • q • I Si City Clerk TO: Honorable Mayor and DATE: January 8, 2015 Members of the City Commission SUBJECT. Substitution for Item RE.9 — January 8, 2015 City Commission Meeting FROM: Daniel J. Alfonso City Manager REFERENCES: ENCLOSURES: Please be advised that the following changes were made to the Revocable License Agreement issued to the National Marine Manufacturer's Association ("NMMA" by the City of Miami for the use of a portion of property located at Virginia Key Upland and Submerged Lands: Removed • Section 4 — Manner of Property Use, paragraph A entitled Reduction of Property Licensed, "and is allowed to release, relicense, remarket, and or provide the space for another user willing to pay or generate the same or higher Use Fee." Added • Section 7 - Fees, paragraph C — Condition of Property/Damage Deposit, "Hazardous Materials (as defined in Paragraph 32 below)" • Section 32 entitled No Liability — "Licensee, at its sole cost and expense, at all times and in all respects comply with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders, administrative actions and administrative orders, including, without limitation, any Hazardous Material Laws ("Hazardous Materials Laws") relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of any flammable explosives, toxic substances or other hazardous, contaminated or polluting materials, substances or wastes, including, without limitation, any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances, under any such laws, ordinances or regulations (collectively "Hazardous Materials"). The Licensee shall, at its sole cost and expense, procure, maintain in effect, and comply with all conditions of any and all permits, agreements and other governmental and regulatory approvals relating to the presence of Hazardous Materials within, on, under or about the Property, including any upland or submerged land, required for the Licensee's use, or storage of, any Hazardous Materials in or about the Property in conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials. Upon revocation of this License, the Licensee shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices, placed, or inadvertently released, in or about the Property, in, on, or around any upland or submerged land, by the Licensee or at the Licensee's direction, to be removed from the Property and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws. The City acknowledges that it is not the intent of this Paragraph to prohibit the Licensee from operating in the Property for the uses described in the Section of this Agreement entitled "Purpose". The Licensee may 1� - 0 1211- 3 b m I k ttt - j I C Q (GPI Y b- AOM.111211 \- jki bi'il i1y h& (i WO 0 operate according to the custom of the industry so long as the use or presence of Hazardous Materials is strictly and properly monitored, and/or mitigated according to, and in compliance with, all applicable governmental requirements. The requirements of this Section of the License Agreement shall survive the expiration or termination of this Agreement." • Exhibit A-1 and Exhibit A-2 Attached please find a Revocable License to NMMA to present to the public and operate the Miami International Boat Show in 2016. Attached is the exhibit for substitution in item RE.9 scheduled for the January 8, 2015 City Commission Meeting. C: Daniel Rotenberg, Director of Department of Real Estate and Asset Management Alice N. Bravo, Deputy City Manager/Chief of Infrastructure Julia D. Hernandez, Agenda Coordinator Li)T0 THE 1 1TF- . Rf.9 ON l' 6 (-- e MARINE STADIUM PARK HOSTING MIAMI BOAT SHOW 2016 A-1 Sth3rai riED RiTO THE PUBLIC RECORD FOR I2,o11 . THE INFORMATION PROVIDED ARE BASED ON THE BEST AVAILABLE INFORMATION AND SHOULD BY CONSIDERED APROXIMATE A-2 1—% "r'EN t.21 d • 11— iu 111 trl') p n 1-(7.1-1