HomeMy WebLinkAboutR-03-0715J-03-563
06/18/03
RESOLUTION NO. 03— 7 15
A RESOLUTION OF THE MIAMI CITY COMMISSION
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI ("CITY") AND THE STATE OF
FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND, FOR THE CITY'S USE
OF SUBMERGED LANDS OWNED BY THE STATE OF
FLORIDA ADJACENT TO CITY UPLAND PROPERTY AT
250 NORTHWEST NORTH RIVER DRIVE, MIAMI,
FLORIDA, A/K/A LUMMUS PARK, FOR A FIVE-YEAR
TERM, AT NO RENTAL FEE FOR AS LONG AS THE
SLIPS ARE USED FOR TEMPORARY DOCKAGE.
WHEREAS, the City of Miami ("City") owns a parcel of land
along the Miami River, at 250 Northwest North River Drive,
Miami, Florida, adjacent to Lummus Park; and
WHEREAS, Resolution No. 98-24, adopted January 13, 1998,
authorized the City Manager to execute a Lease Agreement between
the City and the State of Florida, Board of Trustees of the
Internal Improvement Trust Fund ("State of Florida") for the
City's use of the submerged lands owned by the State of Florida
adjacent to Lummus Park; and
ATTe CHM T
CTI
CITY COMMSSM
MEETING CIV
JUN a 5 m3
c wawution No.
3 — 7 1
WHEREAS, said Lease Agreement contained a sketch of the
site with the proposed improvements that the City will be
conducting to the docks within the submerged lands; and
WHEREAS, due to the requirements of United States Army
Corps of Engineers, the City modified the design of the docks
originally approved by the State of Florida; and
WHEREAS, the State of Florida is requiring a new Lease
Agreement to approve the modifications to the construction of
the docks within the submerged lands;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 if fully set forth in this Section.
Section 2. The City Manager is authorized!' to execute a
Lease Agreement, in substantially the attached form, between the
City and the State of Florida, Board of Trustees of the Internal
Improvement Trust Fund, for the City's use of submerged lands
owned by the State of Florida adjacent to City upland property
at 250 Northwest North River Drive, a/k/a Lummus Park, for a
�i The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 2 of 3 03-
71.5
five-year term, at no rental fee for as long as the slips are
used for temporary dockage.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�'
PASSED AND ADOPTED this 25th day of June , 2003.
ATTEST:
PRVIICILLA A. THOMPSON
CITY CLERK
APPROVED A O ORNJAND CORRECTNESS:J�j
KFVNDRO VILARELLO
CleY ATTORNEY
W7327:tr:AS:BSS
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten 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.
Page 3 of 3
03- 715
This Instrument Prepared By:
Recurring Revenue Section
Bureau ofPublic Land mon
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE MMRNAL Il&ROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
MODIFIED SOVEREIGNTY SUBMERGED LANDS LEASE TO RECONFIGURE DOCKS
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein, the Lessor does hereby lease to CM of Miami. Florida. hereinafter referred
to as the Leasee, the sovereign lands described as follows:
A parcel of sovereign submerged land in Section 03.
Township 53 and 64 South Range 36 and 42 East. in Miami River
Nfian-d-D containing square feet, more or less, as is more particularly described
and shown on Attachment A, dated November 20. 1997.
TO HAVE THE USE OF the hereinabove described premises from January 27. 2003. the effective date of this modified lease,
through November 20.2007. the expiration date of this modified lease. The terms and conditions on and for which this lease is
granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to re -construct and operate a public temnorary docking
hgft exclusively to be used for the tmporary mooring of recreational vessels. law enforcement vessel and water taxi aecess in
conjunction with an upland >21t . without fueling facilities, milh a sewage pumpout facility if it meets the regulatory
requirements of the Department of Environmental Protection or local authority, whichever entity applies the more stringent
criteria, and without liveaboards as defined in paragraph 24, as shown and conditioned in Attachment A,and the Department of
Environmental Protection, Environmental Resource Permit No. 13-0186357-001. dated October 18. 2002 incorporated herein
and made a part of this lease by reference.The construction of the structures described in Attachment A shall be completed
within the initial term hereof br within the first 5 years of the initial term if the initial term is for a period greater than 5 years.
The failure to complete the constriction of all authorized structures within this time period shall constitute a material breach of
the lease causing the lease to automatically terminate upon the expiration of the initial term br first 5 years, whichever is sooner,
without any right of renewal. All of the foregoing subject to the remaining conditions of this Lease.
2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the Department of Environmental Protection, Environmental Resource
Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., firm commercial
to multi -family residential, from temporary mooring to rental of wetslips, from rental of wetslips to contractual agreement with
third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of cbarterttour
boats, from loading/offloading commercial to rental of wetslips, etc.), sball not change activities in any manner that may have an
environmental impact that was not considered in the original authorization or regulatory permit, or shall not change the type of
use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written
authorization in the form of a modified lease, the payment of additional fees,, if applicable, and, if applicable, the removal of any
structures tures which may no longer qualify for authorization under the modified Iease.
[291
03- 715
3. EROPEM RIGHTS: The Leasee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The
Lessee is proiu'bited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or
the use thereof, may be purchased, sold, or re -sold.
4. iNTM ST IN IZMAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated
at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland
property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this
lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an
assignaaeat of this lease, if consented to by the Lessor. Failure to do so will, not relieve the Lessee from responsibility for full
compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty
assessments incurred prior to such act.
5. ASSIGNMENT QF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
6. INDETu NIRCATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
7. VENUE waives venue as to any litigation arising from matters relating to this lease and any such litigation
between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
8. MMCES/COMPLL4NCE/'TF—RM_1NATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, it
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or
in the event the Lessee violates any of the provisions and conditions herein, or fails or refuses to comply with the provisions and
conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor
upon thirty (30) days written notice to Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor.
All costs and attorneys' fees insured by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All
notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S.
Mail to the following address:
City of N iami
Attn: Aida Nolan Rodriguez
444 S.W. 2°d Averse
Miami, Florida 33130
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective. .
9. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject
property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and
description winch are now or may be hereafter lawfully assessed and levied against the subject property during the effective
period of this lease.
10. NTASANCES OR UJZQ*& OPERATIONS: The Lessee shall not permit the leased premises or any part thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or atrffer any nuisances or
illegal operations of any kind on the leased premises.
Pap 2- of J& Pages
Sovereignty Submerged Lands Lease No. 130023806
03-- '715
11. j1 ARM NANCE OF FACILITY/RIGHT TO INSPECT: The Leasee shall maintain the leased premises in good
condition, keeping the structures and equipment located tbereon in a good two of repair in the interests of pubfic health, safety
and welfare. No dock or pier shall be constructed ted in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
12. BION-DISCRO& ATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard fiurnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or
adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. `
13. ENFOR CEMENT Of PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render
the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
14. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
15. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at
that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the
last day of the previous lease term If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a
renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at
its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an
affirmative covenant upon the riparian upland property more specifically described in Attachment _B, which shall tun with the
title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in interest.
16. REMOVAL OF S3RLICUMSIAMM41STR_ATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 8
or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the tight to compel removal of all
structures and the right to impose administrative fines.
17. REMOVAL COST&LIEN ON RIPARM _UPLAND PROPERTY: Any costs insured by the Lessor in removal
of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costa and
expenses shall constitute a lien upon the interest of the Leasee in its riparian upland property enforceable in summary
proceedings as provided by Law.
18. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourtben (14) days after receipt, and shall
provide to the Lessor within ten (10) days following the recordation a copy of the recorded Wase in its entirety which contains
the OX Book and pages at which the lease is recorded.
Page . 3 of Ik Pages
Sovereignty Submerged Lands Lease No. 130023M
03- 7V5
19. RIPARIAN RIGHTSIMAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Leasee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shah constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease
agreement at the option of the Lessor.
20. AMENDMENTS/MODIHCATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acimowledged
and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of
the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the
Lessee may install boa*fts within the leased premises without formal modification of the lease provided that (a) the Lessee
obtains any state or local regulatory permit that may be required, and (b) the location or size of the lift does not increase the
mooring capacity of the facility.
21. ADVERTISEMENTicIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL
No permanent or temporary signs directed to the boating public advertising
the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or dining activitiesare to occur
within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or
any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior
written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major
repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without
prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or stmctiures shall
be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines
under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to
maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided,
however, that such activities shall not exceed the activities authorized by this agreement.
22. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
23. COMPLi_ANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of
this lease by the Lessor.
24. LXVEA DARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five(5) consecutive days or a total of ten(10) days within a thirty(30) day period. If livaboards are authorized
by psrtlgraph ono(1) of this lease, in no event shall such "liveaboard" status a�tceed six(6) months within any twelve(12) month
period, nor d all say such vessel constitute a legal or primary r oe.
ofJ& Pops
Sovereignty Submerged Lands Lease No. 130023806
03- 715"
25. GAM BU NG VESSELS: During the term of this lease and any renewals, edmisions, modifications or
assignU" a thereo& Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels
that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhW where the ships
leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the
jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise
Ships.
•►l�MM�►
a. Should a field survey acceptable to Lessor be required or obtained after the effective date of this lease, the annual
lease fees due hereunder shall be adjusted to reflect the increase or decrem in the total preempted area shown by the survey.
Any such adjustment shall be effective from the date of the acceptable survey and shall be prospective only. No reimbursement
or credit shall be given to Lessee by Lessor for overages, and no charge shall be imposed by Lessor for shortages unless the
error resulted from inaccurate information supplied by the Lessee.
b. Should the Lessee wish to change the use of the docking facility or any portion of the riparian upland use then the
docking faality shall be subject to the applicable Board rules in effect at that time and the Leasee shall apply directly to the
Department's Southeast District office for applicable lease modifications.
c. Only temporary day mooring shall be allowed at the facility. Overnight or permanent mooring is prohibited.
d. Slip #14 shall be used solely for the mooring of law enforcement vessels. The Lessee shall install a sign at the slip
designating it "Law Enforcement Only."
e. Only on slip at the facility, Slip #21, will be used for water taxi access. The Lessee shall install a sign at the slip
designating it "Water taxi only."
f. Except as provided in (2) and (3) above, these docks shall be used solely for public recreational, non-commarcial
activities consistent with the historic, grandfathered operation as a public docking facility used in eoWunctiaa with
Page 5 of -ML Pages
Sovereignty Submerged Lands Lease No. 130023M
03 `715
WITNESSES:
PriWI* Name of Witness
Orig d SW7 ,ature
PriwiType Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IlVIpROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
BY:
Ralph M Periods► Opwa&= mid M
Manger, Burew of Public Land AdmitristtdkA
Division of State Lands, Department of Favi oomeohl
Protection, as agent far and on bdWoftha Board of rusteea of
the Internal Improvement Trust Fund of the State of Flo da
"LESSOR"
The foregoing instrument was acinowledged before me this day of .20__, by R"
APPROVED AS TO FORM AND LEGALITY:
DEP Attorney
VA NESSES:
TypaWriated Name of Witness
Typeciftnted Now of Witness
STATE OF
COUNTY OF
Notary Public, State ofFloida
Printed, Typed or Stamped Name
MYCowmissim :
C.oama ission/Seaial No.
BY:
Original Signature ofExecutiag Autharky
Manual A Diaz
Typed/Printed Name ofExmdwg Authority
Mawr
Title offteaiting Authority
The forgoing instrument was acknowledged before me this day of .2D _ by
Manuel g Diaz as , for and on behalf of the C& of Miami. Florida He is personally ]mown to me or who has prod
_ as identification.
My C.ornmimix Expires:
CwntnissionlSerial No.
Pogo, 6 Of AL Pages
Sovereignty Submerged LaW Lease No. 1300238%.
Notary Pubhcti State of
Printed, Typed or Stamped Name
- 7 i
t
• I
TO:
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Co miss>i n
J e rriola
f Administrator/City Manager
RECOMMENDATION
CA -2
DATE: JUN 16 2003 FILE :
SUBJECT: Resolution authorizing execution of a
Lease Agreement with the State of
Florida (DEP)
REFERENCES:
Commission Agenda
ENCLOSURES: June 26, 2003
The administration recommends that the Miami City Commission adopt the attached Resolution
authorizing the City Manager to execute a Lease Agreement, in substantially the attached form, between
the City.of Miami and State of Florida, Board of Trustees of the Internal Improvement Trust Fund for the
City's use of submerged lands adjacent to the City -owned parcel of land located between 176 and 250
NW North River Drive, Miami, Florida, adjacent to Lummus Park, with a term of five (5) years at no
charge to the City.
BACKGROUND
The City of Miami is about to commence construction of the Lummus Landing Project located between
176 and 250 NW North River Drive, Miami, Florida. As part of the scope of work for the project a bay
walk and new docks shall be constructed within the submerged lands owned by the State of Florida.
On January 13, 1998, the City Commission adopted Resolution 98-24 authorizing the City Manager to
execute a lease agreement between the City and the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida, for the City's use of the submerged lands adjacent to Lummus, Park and the
City's performance of improvements on said submerged lands. After the execution of the lease
agreement and as a result of the processing of environmental permits for the Lummus Landing Project,
the Army Corps of Engineers limited the allowable boardwalk cantilever dimension to five feet from the
bulkhead wall. The original site plans submitted with the submerged land lease reflected an eight foot
cantilever to provide for a wider access dock / river walk. As a result of this modification, the City had to
seek approval from the State of Florida. At this time, the State of Florida is requiring execution of a new
lease agreement with the modifications made to reconfigure the bay walk and docks within the submerged
lands.
Financial Impact: There are no fees payable to the State of Florida associated with the execution of
the lease agreement. However, in the event the City changes the use of the slips from temporary to
rentals it will require State approval and a fee to the State will be applicable subject to the Florida
Administrative Code 18-21.011 (1)(b).
JA/2H/ C/ K/eb Cover Memo for RESO Lease Agreement State of FULummus Park
03- 715
J-97-923
1/6/98
RESOLUTION NO. 24
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, SUBJECT TO LEGAL REVIEW AND IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN
THE CITY OF MIAMI AND THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR A
MINIMUM TERM OF FIVE YEARS, FOR SUBMERGED
LANDS ADJACENT TO CITY UPLAND LOCATED AT 250
NW N. RIVER DRIVE, FORMERLY THE PIONEER CLUB
SITE AND 176 NW N. RIVER DRIVE, MIAMI,
FLORIDA, AT NO CHARGE TO THE CITY.
WHEREAS, the City of Miami owns certain real estate along
the Miami River, one parcel formerly occupied by the Pioneer
Club, located at 250 NW N. River Drive, and the adjacent parcel,
located at 176 NW N. River Drive, Miami Florida; and
WHEREAS, under the City's lease agreement with the Pioneer
Club, Inc., the lessee was to utilize the upland property for
water related and marina uses subject to approval of regulatory
agencies including the State of Florida, Department of
Environmental Protection; and
WHEREAS, the agreement between the City of Miami and the
Pioneer Club Inc., was terminated in 1995; and
WHEREAS, the State of Florida, Environmental Protection now
requests that the City, as the upland owner, enter into a lease
ATTACHMENT (S)
.w COMTAINED
v�- 715
On
!AN 13 08
agreement for the submerged river bottom in order to keep
the grandfather status of the previous use; and
WHEREAS, the Department of Development has prepared a
redevelopment plan for areas adjacent to downtown and the Miami
River known as the "Riverside District" which includes continued
and expanded use of the upland and submerged lands; and
WHEREAS, the attached agreement provides the terms and
conditions of the submerged lands lease; and
WHEREAS, administrative lease fees will be waived until
development has been completed and use of upland becomes a
revenue generating (commercial) operation;
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 incorporated herein as if fully
set forth in this Section.
Section 2. The City Manager is hereby authorized' to
execute a lease agreement, subject to Legal review and in a form
acceptable to the City Attorney, between the City of Miami and
the State of Florida, Department of Environmental Protection, for
a minimum term of five years, for submerged lands adjacent to
City upland located at 250 NW N. River Drive, formerly the
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code provisions.
f 1-
2
Pioneer Club site and 176 NW N. River Drive, Miami, Florida, at
no charge to the City.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th day of January , 1998.
e,� --�f
XAV ER L. S AREZ, MAYOR
ATTEST:
WALTER FOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
JULIEBRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A Q NNS
XYS,'III
CITY ATT
W2131:CSK:JOB
�j
03- 715
JUN 23 2000 9:57AM
policy Committee:
Governor of State of Florida
Mr, leb Bush
Designee: Dr, Pamella Dana
Chair of Miami -Dade Delegation
Representative Rene Garcia
Designee: Ms. Debra Owens
Chair of Governing Board of
South Florida Water Management
District
Mr. Nicolas J. Gutierrez, Jr.
Designee: Ms. Irela Bague
Miami -Dade State Attorney
Ms. (Catherine Fernandez -Rundle
Designee: Mt. Gary Winston
Mayor of Miami -Dade County
Mayor Alex Penelas
Designee: Mr. Henry F. Sori
Mayor of Miami
Mayor Manuel A. Diaz
Designee: Mr. Otto Boudet-Murias
City of Miami Commissioner
Commissioner toe Sanchez
Designee: Mr. Steve Wright
Miami -Dade County
Commissioner
Commissioner Bruno Barreiro
Designee: Mr. Alfredo Gonzalez
Chair of Miami River Marine
Group
Mr. Charles `Bud" Morton
Designee: Mr. Richard Bunnell
Chair of Marine Council
Mr. Michael Karcher
Designee: Mr. Phil Everingham
Executive Director of Downtown
Development Authority
Mr. Dana A. Nottingham
Designee: Mr. Adam Lukin
Chair of Greater Miami Chamber
of Commerce
Mr. William 0. Cullom
Designee: Ms. Megan [felly
Neighborhood Representative
Appointed by City of Miami
Commission
Dr. Ernest Martin
Designee: Mr. Michael Cox
Neighborhood Representative
Appointed by Miami -Dade
Commission
Ms. Sallye Jude
Designee: Ms. Jane Caporelli
Representative from
Environmental or Civic
Organization Appointed by the
Governor
Ms. Janet McAliley
Designee: Ms. Theo Long
Member at Large Appointed by
the Governor
Mr. Robert Parks
Member at Large Appointed by
Miami -Dade Commission
Ms. Sara Babun
Designee: Mr. Tom Parker
Member at Large Appointed by
City of Miami Commission
Mr. Cleve Jones, Jr.
Designee: Captain Beau Payne
Managing Director
Captain David Miller
MIAMI RIVER COMMISSION 305 361 4755 p.2
Miami River Commission
Honorable Chairman Johnny L. Winton
City Hall
3 500 Pan American Drive
Miami, FL 33133
do Rosenstiel School
4600 Rickenbacker Causeway
Miami, Florida 33149
Office: (305) 361-4850
Fax: (305) 361-4755
email: mrc@rsmas.miami.edu
June 25, W0 y a
-y
W
-c _^
L
Re: Recommendation for Approval of June 25, 2003 City o
CID
Commission Agenda Item CA -2 Z
Dear Chairman Winton:
This letter serves as the Miami River Commission's (MRC) "official
statement" to all City Commissioners, requested in City Resolution 00-
320, regarding June 24, 2003 City Commission agenda item CA -2,
which impacts the Miami River corridor.
The MRC respectfully recommends the City Commission authorize
the Manager to execute a lease agreement %rith the State of Florida, for
the City's use of submerged lands to develop the "Lummus Landing"
project,
The MRC applauds the City for taking action to revitalize this section
of City owned riverfront property. The construction of a publicly
owned section of riverwalk, boat slips, and dockage for access by
water taxis and law enforcement vessels is a significant contribution to
the improvement of the Miami River,
Res ectfully,
44
Robert L. Par s,
Chair,
Miami River Commission
Cc. Honorable Mayor Manuel A. Diaz
City Administrator Joe Arriola
City Clerk Priscilla Thompson
City Attorney Alex Vilarello
03- 715
JUN 23 2000 9:57RM MIRMI RIVER COMMISSION 305 3G1 4755
MIAMI RIVER
COMMISSION
C/O ROSENSTIEL SCHOOL OF MARINE &
ATMOSPHERIC SCIENCE
4600 RICKENBACKER CAUSEWAY
MIAMI, FL 33149-1098
TEL:(305)361-4850 FAX:(305)361-4755
WWW.MIAMIRIVERCOMMISSION.ORG
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Honorable City Commission, Mayor, Brett Bibeat4 Assistant Director
Administrator, Clerk and Attomey
COMAANY: DATE:
City of Miami JUNE 25, 2003
FAX: TOTAL NO. OF PAGES INCLUDING COVER:
8544001, 250 5456, 2505386, 5793334, 2
8565230, 2505399, 2505410, 4161801,
8581610
PHONE NUMBER: SENDER'S REFERENCE NUMBER:
RE:
Enclosed MRC Recommendation
for Approval of 6125/03 City
Commission Agenda Item CA -2
YOUR REFERENCE NUMBER:
p.1
03- 715
I