HomeMy WebLinkAboutR-22-0214°xCity of Miami
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Resolution R-22-0214
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Legislation
File Number: 11998
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/9/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, A SOVEREIGNTY SUBMERGED LANDS FEE
WAIVED LEASE ("SUBMERGED LANDS LEASE") BETWEEN THE CITY OF
MIAMI ("CITY") AND THE STATE OF FLORIDA ("STATE") DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("FDEP"), ON BEHALF OF THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE ("BOT"), FOR A PARCEL OF APPROXIMATELY ONE THOUSAND
NINE HUNDRED FOUR (1,904) SQUARE FEET, AS LEGALLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A PUBLIC
WATERFRONT ACCESS FACILITY LOCATED UPON THE STATE-OWNED
SUBMERGED LANDS ADJACENT TO THE CITY'S JOSE MARTI PARK;
PURSUANT TO THE SAME SAID SECTION OF THE CITY CHARTER,
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO INCORPORATE, AT
A FUTURE DATE, THREE (3) ADDITIONAL PARCELS, WITH A COMBINED
TOTAL SIZE OF APPROXIMATELY THREE HUNDRED FORTY THREE (343)
SQUARE FEET, ALL AS LEGALLY DESCRIBED IN EXHIBIT "B," ATTACHED
AND INCORPORATED, INTO SAID SUBMERGED LANDS LEASE, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
EFFECTUATE THE SAME; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING
ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL
IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE
WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE
DEEMED NECESSARY FOR SAID PURPOSE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, the City of Miami ("City") owns the riverfront property known as Jose Marti
Park ("Park"); and
WHEREAS, on February 1, 2021, the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida ("BOT") approved Disclaimer No. 42113(6815-13)
("Disclaimer'), recorded in the Official Records Book 32781, Page 1875 in the Public Records of
Miami -Dade County, Florida, conveying to the City the three (3) parcels of formerly sovereignty
submerged lands, of a combined total size of approximately twenty one thousand nine hundred
three (21,903) square feet (identified in said Disclaimer as "Part I," "Part II," and "Part III," or
collectively, the "Butler Act Parcels"); and
City of Miami Page 1 of 3 File ID: 11998 (Revision:) Printed On: 612212022
File ID: 11998 Enactment Number: R-22-0214
WHEREAS, on July 22, 2021, the City adopted Resolution No. R-21-0322 approving the
acceptance of the Butler Act Parcels pursuant to the Disclaimer; and
WHEREAS, the Park is currently highly susceptible to tidal, riverine, and precipitation
flooding, which poses a public health and safety hazard and has a negative impact on the
community's use and enjoyment of the Park and poses a flooding risk to the adjacent
neighborhood; and
WHEREAS, the Park shoreline is currently stabilized by existing concrete seawalls on
the southern and middle segments of shoreline and decorative sloping cement block on the
northern extent; and
WHEREAS, the City's District 3 Commission Office, the Department of Parks and
Recreation ("Parks"), the Office of Capital Improvements ("OCI"), the Department of Resilience
and Public Works ("Public Works"), and the Department of Real Estate and Asset Management
("DREAM"), together with the City's consultant, Curtis & Rogers Design Studio, Inc. ("Curtis &
Rogers"), conducted significant community outreach, including community meetings on
February 19, 2020 and September 30, 2020, to provide for public participation and input
concerning necessary improvements to the Park ("Project"); and
WHEREAS, the Project is in the City's Multi -Year Capital Plan as Project Nos. 40-B-
193500 and 40-B-193803, with funding from the Florida Inland Navigation District ("FIND")
Grants, City of Miami Forever Bonds funding, Parks Impact Fees and over Fifteen Million
Dollars ($15,000,000.00) that were awarded by the Florida Department of Economic
Opportunity ("FDEO"); and
WHEREAS, on October 13, 2020, Curtis & Rogers, working with the City's coastal and
marine engineering consultants, Cummins Cederberg, Inc. ("Cummins"), and the City
Administration, presented the overall working designs to the Miami Forever Bond Committee;
and
WHEREAS, the City Commission finds it in the best interest of the City to authorize the
City Manager to negotiate and execute, in a form acceptable to the City Attorney, a Sovereignty
Submerged Lands Fee Waived Lease ("Submerged Lands Lease") between the City and the
State of Florida ("State") Department of Environmental Protection ("FDEP"), on behalf of the
BOT, for a parcel of approximately one thousand nine hundred four (1,904) square feet, as
legally described in Exhibit "A," attached and incorporated, for the Project; and
WHEREAS, the City Commission also finds it in the best interest of the City to authorize
the City Manager to negotiate and execute any and all documents necessary to incorporate, at
a future date, three (3) additional parcels, with a combined total size of approximately three
hundred forty three (343) square feet, all as legally described in Exhibit "B," attached and
incorporated, to said Submerged Lands Lease, all in forms acceptable to the City Attorney; and
WHEREAS, pursuant to Section 29-B(c) of the Charter of the City of Miami, Florida, as
amended ("City Charter'), the Submerged Lands Lease shall be granted to implement a project
of a governmental agency or instrumentality;
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
City of Miami Page 2 of 3 File ID: 11998 (Revision:) Printed on: 6/22/2022
File ID: 11998
Enactment Number: R-22-0214
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Pursuant to Section 29-B(c) of the City Charter, the City Manager is
authorized' to negotiate and execute, in a form acceptable to the City Attorney, a Submerged
Lands Lease between the City and FDEP, on behalf of the BOT, for a parcel of approximately
one thousand nine hundred four (1,904) square feet, as legally described in Exhibit "A,"
attached and incorporated, for a public waterfront access facility located upon the State-owned
submerged lands adjacent to the City's Park.
Section 3. Pursuant to the same said Section of the City Charter, the City Manager is
further authorized' to negotiate and execute any and all documents necessary to incorporate, at
a future date, three (3) additional parcels, a combined total size of approximately three hundred
forty three (343) square feet, all as legally described in Exhibit "B," attached and incorporated,
into the Submerged Lands Lease, all in forms acceptable to the City Attorney, in order to
effectuate the same.
Section 4. The City Manager is further authorized to negotiate and execute any and all
documents, including any amendments, renewals, extensions, and modifications, all in forms
acceptable to the City Attorney, and in compliance with all applicable laws, rules, and
regulations, as may be deemed necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ` 4naindez, City Attor iey 5/31/2022
' 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.
z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 3 of 3 File ID: 11998 (Revision:) Printed on: 6/22/2022