HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11787
Date: 04/05/2022
Commission Meeting Date: 05/12/2022
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: License, Access and Indemnification Agreement - County Mangrove Mitigation at
Watson Island
Purpose of Item:
A Resolution of the Miami City Commission authorizing the City Manager to negotiate
and execute a License, Access and Indemnification Agreement ("License") between the
City Of Miami ("City") and Miami -Dade County or an agent thereof ("County") for the
County to plant, place, install, inspect and monitor mangroves, rip rap, and related
materials as part of a seaport mitigation project ("Project") at the City -owned property
located at 1099 Macarthur Causeway, folio number 01-3231-000-0021 also known as
the Watson Island Boat Ramp; further authorizing the City Manager to negotiate and
execute a Restrictive Covenant ("Covenant"), running with the land in favor of Miami -
Dade County to ensure that the Project is not disturbed or removed for the life of the
Covenant; further authorizing the City Manager to negotiate and execute any and all
other necessary documents, all in forms acceptable to the City Attorney, in order to
implement the Project.
Background of Item:
The City of Miami ("City") is the fee simple owner of the property located at 1099
MacArthur Causeway folio number 01-3231-000-0021 also known as the Watson Island
Boat Ramp, in Miami -Dade County, Florida ("Property"). Miami Dade County ("County")
is redeveloping Cruise Berth H, and pursuant to the applicable environmental resource
permit, will mitigate unavoidable impacts by installing mangroves, rip rap, and related
materials at the Property ("Seaport Mitigation Project").
The County passed Resolution No. R-424-21 on May 4, 2021, authorizing the County
Mayor to execute a License, Access, and Indemnification Agreement with the City and
other agreements in relation to the Seaport Mitigation Project. The City has agreed to
permit the County or agent thereof ("Licensee") to, plant, place, install, inspect, and/or
monitor mangroves, rip rap, and associated other materials at the Property, and to
remove certain exotic vegetation from the Property, as required as part of an overall
County seaport mitigation project ("Project").
The Licensee desires to obtain from the City and the City desires to grant to the
Licensee, an exclusive license to use, access, and occupy the Property, including,
without limitation, access rights to enter upon the Property, all for the purpose of
conducting, maintaining, inspecting, and monitoring the Seaport Mitigation Project
("License"). The County has also requested that the City execute a restrictive covenant
("Covenant") as part of, or as a condition of, Class I Permit CLI-2018-0411 pursuant to
Section 24-48.2(II)(B)(10)(c) of the Code of Miami -Dade County. The City shall be
responsible for maintaining the Seaport Mitigation Project free of solid waste, exotic
pest plant species, and nuisance species after completion of construction for the life of
the Covenant.
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
N/A
Office of the City Attorney
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
OMNI Community Redevelopment Agency
Office of the City Attorney Valentin J Alvarez
Office of the City Attorney Victoria Mendez
City Commission Maricarmen Lopez
Reviewed B
Jacqueline Lorenzo
Marie Gouin
Pedro Lacret
Fernando Casamayor
Arthur Noriega V
Valentin J Alvarez
Department Head Review
Budget Review
Budget Analyst Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Isiaa Jones
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
ACA Review
Skipped
Completed
Completed
04/05/2022 8:54 AM
04/05/2022 9:51 AM
04/05/2022 11:40 AM
04/05/2022 3:18 PM
04/06/2022 12:51 PM
04/11/2022 4:56 PM
Completed
04/11/2022 4:46 PM
05/03/2022 8:51 PM
05/12/2022 9:00 AM
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11787 Final Action Date:5/12/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A LICENSE, ACCESS AND
INDEMNIFICATION AGREEMENT ("LICENSE") BETWEEN THE CITY OF MIAMI
("CITY") AND MIAMI-DADE COUNTY OR AN AGENT THEREOF ("COUNTY") FOR
THE COUNTY TO PLANT, PLACE, INSTALL, INSPECT AND MONITOR
MANGROVES, RIP RAP, AND RELATED MATERIALS AS PART OF A SEAPORT
MITIGATION PROJECT ("PROJECT") AT THE CITY -OWNED PROPERTY LOCATED
AT 1099 MACARTHUR CAUSEWAY, FOLIO NUMBER 01-3231-000-0021, ALSO
KNOWN AS THE WATSON ISLAND BOAT RAMP; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A RESTRICTIVE COVENANT
("COVENANT") RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY TO
ENSURE THAT THE PROJECT IS NOT DISTURBED OR REMOVED FOR THE LIFE
OF THE COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS,
ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT THE PROJECT.
WHEREAS, the City of Miami ("City") is the fee simple owner of the property located at
1099 MacArthur Causeway, Folio No. 01-3231-000-0021, also known as the Watson Island
Boat Ramp, in Miami -Dade County, Florida ("Property"); and
WHEREAS, Miami -Dade County ("County") is redeveloping Cruise Berth H, and
pursuant to the applicable environmental resource permit, will mitigate unavoidable impacts by
installing mangroves, rip rap, and related materials at the Property ("Seaport Mitigation
Project"); and
WHEREAS, the County passed Resolution No. R-424-21 on May 4, 2021, authorizing
the County Mayor to execute a License, Access, and Indemnification Agreement with the City
and other agreements in relation to the Seaport Mitigation Project; and
WHEREAS, the City has agreed to permit the County or agent thereof ("Licensee") to,
plant, place, install, inspect, and/or monitor mangroves, rip rap, and associated other materials
at the Property, and to remove certain exotic vegetation from the Property, as required as part
of an overall County seaport mitigation project ("Project"); and
WHEREAS, the Licensee desires to obtain from the City and the City desires to grant to
the Licensee, an exclusive license to use, access, and occupy the Property, including, without
limitation, access rights to enter upon the Property, all for the purpose of conducting,
maintaining, inspecting, and monitoring the Seaport Mitigation Project ("License"); and
WHEREAS, the County has also requested that the City execute a restrictive covenant
("Covenant") as part of, or as a condition of, Class I Permit CLI-2018-0411 pursuant to Section
24-48.2(11)(B)(10)(c) of the Code of Miami -Dade County, and
WHEREAS, the City shall be responsible for maintaining the Seaport Mitigation Project
free of solid waste, exotic pest plant species, and nuisance species after completion of
construction for the life of the Covenant;
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 herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to negotiate and execute the License
between the City and Licensee for Licensee to plant, place, install, inspect and monitor
mangroves, rip rap, and related materials as part of a Seaport Mitigation Project at the Property.
Section 3. The City Manager is further authorized' to negotiate and execute the
Covenant running with the land in favor of the County to ensure that the Seaport Mitigation
Project is not disturbed or removed for the life of the Covenant.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, all in forms acceptable to the City Attorney, in order to implement
the Seaport Mitigation Project.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity kkor ey 5/3/2022
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.