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HomeMy WebLinkAboutR-22-0243City of Miami Resolution R-22-0243 Legislation File Number: 12245 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/19/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS AND INDEMNITY AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY') AND CITY TENANT THE UNITED STATES SAILING CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("USSC"), FOR THE USSC IMPROVEMENT OF ACCESS AND USE OF THE USSC LEASEHOLD, LOCATED AT 2476 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY'), BY REPAIR/REPLACEMENT OF THE FLOATING DOCKS AND PERFORMANCE OF MAINTENANCE DREDGING OF THE CITY -OWNED SUBMERGED LANDS IMMEDIATELY ADJACENT TO THE PROPERTY, ALL AT NO COST TO THE CITY, PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-602 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL FUTURE AGREEMENTS FOR DOCK REPAIR/REPLACEMENT AND MAINTENANCE DREDGING DURING THE TERM OF SAID USSC LEASE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CHARTER AND CITY CODE, 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") is the owner of the property located at 2476 South Bayshore Drive, Miami, Florida ("Property"); and WHEREAS, the City tenant United States Sailing Center, Inc., a Florida non-profit corporation ("USSC"), is a water -dependent organization that has a lease agreement with the City for the provision of training for competitive sailors, operation of a sailing center, and such other usual functions incidental to such sailing programs at the Property ("Lease"); and WHEREAS, the Lease includes only the upland area and provides, in relevant part, that the City reserves all rights to the submerged lands; and WHEREAS, the USSC is seeking to repair/replace the existing floating docks and perform maintenance dredging of the City -owned submerged lands adjacent to the Property for City of Miami Page 1 of 3 File ID: 12245 (Revision:) Printed On: 712712022 File ID: 12245 Enactment Number: R-22-0243 the purpose of ensuring continued and improved boating vessel access and use of the Property; and WHEREAS, pursuant to Section 29-B of the Charter of the City of Miami, Florida, as amended ("City Charter'), notwithstanding anything in the Charter to the contrary, the City may enter into leases or management agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by ordinance on the condition that such leases or management agreements result in a return to the City of at least fair market value; and WHEREAS, pursuant to Section 18-602 of the Code of the City of Miami, Florida, as amended ("City Code"), the City may enter into a lease or management agreement with an upland owner to conduct an activity in a preempted area pursuant to methods established in Article XI and in compliance with Article XII of Chapter 18 of the City Code regarding time limitations for the development of improvements on City -owned property, with no further proprietary authorization required by the City for the particularly City Commission approved upland owner to conduct an activity in a preempted area as long as such activity in a preempted area continues to comply with said Article XII and the approved upland owner remains the same; and WHEREAS, the Coral Reef Yacht Club ("CRYC") is the adjacent upland owner and has an easement from the City to utilize a portion of the submerged lands adjacent to the Property; and WHEREAS, the USSC has been working collaboratively with the CRYC to plan and perform maintenance dredging in the area, including within the canal located between the Property and CRYC's adjacent upland; and WHEREAS, USSC shall be required to seek all necessary permits, collaborate with the CRYC where applicable, indemnify, defend, and hold harmless the City, and otherwise comply with all applicable laws to perform the improvements contemplated, all at no cost to the City; and WHEREAS, the City Commission finds it in the best interest of the City to authorize an Access and Indemnity Agreement ("Agreement") in order to grant the USSC the ability to perform the dock repair/replacement and maintenance dredging; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and the USSC, for the USSC improvement of access and use of the Property by repair/replacement of the floating docks and performance of maintenance dredging of the City -owned submerged lands immediately adjacent to the Property, all at no cost to the City. City of Miami Page 2 of 3 File ID: 12245 (Revision:) Printed on: 712712022 File ID: 12245 Enactment Number: R-22-0243 Section 3. The City Manager is further authorized' to negotiate and execute any and all future agreements for dock repair/replacement and maintenance dredging during the term of said USSC Lease, in forms acceptable to the City Attorney. Section 4. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, extensions, and modifications subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Charter and City Code, 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 its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS 1 i ria i "ndez, Cify Nttor iey 7/5/2022 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. 2 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: 12245 (Revision:) Printed on: 712712022