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HomeMy WebLinkAboutAgenda Item Cover PageG*�Y of AGENDA ITEM COVER PAGE * "i" IF ' File ID: #11998 Losi9 Resolution Sponsored by: Commissioner Joe Carollo 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. of .�f City of Miami City Hall * INC IIf 6NAi10 * 3500 Pan American Drive .r;<. 11 eA Legislation Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-22-0214 File Number: 11998 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. 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 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. 40-13- 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 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 ' 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 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 ria i "ndez, Cify Kttor iey 5/3112022 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.