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Home My WebLink AboutR-00-1027J-00-995 11/16/00 RESOLUTION NO. 0 0 — 1 � 7 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE CITY OF MIAMI ("THE CITY") TO BE A CO -APPLICANT TO A STATE OF FLORIDA SUBMERGED LANDS LEASE APPLICATION SUBMITTED BY SWIRE PACIFIC HOLDINGS, INC., FOR THE LEASING OF APPROXIMATELY 204,861 SQUARE FEET OF SUBMERGED LANDS AS DEPICTED IN "EXHIBIT A," ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO BE SUCH CO -APPLICANT; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED SUBMERGED LANDS LEASE AGREEMENT TO THE CITY COMMISSION FOR ITS FINAL REVIEW AND APPROVAL ALONG WITH SUCH OTHER AGREEMENT(S) OR DOCUMENTS NECESSARY TO DELINEATE THE RESPONSIBILITIES AND OBLIGATIONS OF THE CITY AND SWIRE PACIFIC HOLDINGS, INC. WHEREAS, on February 12, 1975, the City Commission granted a Development Order for the Claugton Island Project; and WHEREAS, the Development Order provides for the developer to convey to the City of Miami (the "City"), develop and perpetually maintain 3.5 acres of real property to be used for park purposes; and WHEREAS, Swire Pacific Holdings, Inc., a Delaware corporation, ("SWIRE PACIFIC") and Swire Brickell Key Hotel, Ltd., a Florida limited partnership ("SWIRE BRICKELL"), desire to ;L'Qv,� t rM CITY COSSION MEETING OF NOV 1 6 2000, I101o3utio 1)ip. 6� y Uy —" ��11 /�s r- convey approximately 20,325 square feet of waterfront property along the west shore of the island to the City in partial compliance with the requirements of the Development Order; and WHEREAS, Section 253.665, Florida Statutes (1999), provides the Board of Trustees of the Internal Improvement Trust Fund the authority to grant. unto riparian owners leases for submerged lands; and WHEREAS, the City will be a riparian owner upon receipt of a deed from the Developer for the above -mentioned 20,325 square feet of waterfront property; and WHEREAS, Swire Pacific, at its sole cost, will design, build, operate and maintain a 112 wet slip marina, of which six (6) slips shall be dedicated for use by the City's Marine Patrol; and WHEREAS, Swire Pacific has further agreed to provide office space for the City's Marine patrol at no cost to the City; 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 and incorporated as if fully set forth in this Section. Page 2 of 4 �� VA Section 2. The City Manager is hereby authorized to be a co -applicant to a State of Florida Submerged Lands Lease Application submitted by Swire Pacific Holdings, Inc. for the leasing of approximately 204,861 square feet of submerged lands as depicted in "Exhibit A," attached hereto and made a part hereof. Section 3. The City Manager is hereby authorized" to execute such documents as may be necessary, in a form acceptable to the City Attorney, to be such co -applicant. Section 4. The City Manager is hereby directed to present the negotiated Submerged Lands Lease Agreement to the City Commission for its final review and approval along with other agreement(s) or documents necessary to delineate the responsibilities and obligations of the City and Swire Pacific Holdings, Inc. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ 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. ai 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 4 -- PASSED AND ADOPTED this 16th day of November r 2000. jO--ECAROLLO, MAYOR In accordance with Wami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provide-d. said legis-lation now becomes off ective with r, .3: c f ts n (10) d a r )c I li m Cem!ssic n regarding same, without the Mayor exro^, ATTEST: �WA--LTER J. FOEMAN CITY CLERK RBI LARE C ATTORNEY W4838b:GMM:BSS CORRECTNESO�� ntf-lkwl' r� 9) Page 4 of 4 9*SCAYNE N12 'ft TRACT "G" "BRICKELL KEY ON CLAUGHTON ISLAND SEC.3" m (P.B.119-70,D.C.R.) cv, f "BRICKELL KEY ON CLAUGHTON 15 A TRACT "E" "BRICKELL KEY ON CLAUGHTON ISLAND SEC.2" (P.B.118-47,D.C.R.) L ND PROPOSED PARCEL "J" " (P.B. DOCK ,D.0 .R.) PARCEL e P� 2� ssD.cTRACT "B", �1 NEE NO. 1 1TRACT "G" Q sa All cl a�'• �i0• •o �9G�P gpuGN ��3 a� �^ c^4d< m�y��f t✓�. lQ g. TRACT "A" r �� ✓ V P v\ 0 f^ v J Z PROPOSED sbli 4 " "0 TRACT "A" )OCK PARCEL"c NO. 2 m"E z "CLAUGHTON SUBDIVISION p1b62p0 =o TRACT "C" (P.B.133GTON H6,D.C.R.jAND" 'P00 a� TRACT J,a s P iO4 ��`°• �2 5 ��Z 21 � TRACT "D" "FIRST ADDITION TO BRICKE CLAUGHTON SUBDIVISION ON k'Ey CLAUGHTON ISLAND" oSE'c71oN P E IAUCHTON (P.B.140-95.D.C.R.) PROPOSED DOCK PARCEL J� / � 566'34'31'VJ No. 3 Q 8' 12.00' TRACT "K" P.O.C. SOUTWESTERLY CORNER TRACT "J" (P.B. 153-58) L ®C� TION SKETCH: BRICKELL KEY (CLAUGHTON ISLAND), SECTIONS 6 & 7, TOWNSHIP 54 S., RANGE 42 E. DADE COUNTY, FLORIDA. -- "� TO FROM CITY OF MIAMI, FLORIDA 44 INTER -OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission City Manager DATE: 'NOV - 6 2000 FILE: SUBJECT: Discussion Concerning Claughton Island REFERENCES: ENCLOSURES: This discussion item is being requested for the purpose of obtaining direction from the City Commission regarding the acceptance of a deed from Swire Pacific Holdings, Inc., a Delaware Corporation, ("Swire Pacific") and Swire Brickell Key Hotel, Ltd., a Florida limited partnership, ("Swire Brickell") and the City being co -applicant to Swire Pacific's application to the State of Florida for a submerged lands lease. BACKGROUND On February 12, 1975, the City Commission adopted Resolution 75-135 authorizing the issuance of a Development Order for the Claughton Island Project. The Development Order provided for the developer to convey to the City of Miami 3.5 acres for public park. The developer will be required to develop and perpetually maintain the park. Swire Pacific and Swire Brickell desire to convey approximately 20,325 square feet (the "Property") of real property to be used for park purposes at this time in partial compliance with the requirements of the Development Order. The developer has included in the proposed deed of conveyance that in the event the Property shall ever cease to be used for pedestrian public park purposes or shall be used for any commercial purpose whatsoever, the Property shall absolutely revert to the grantors. The developer further desires to reserve certain rights for itself since it is still developing the island. These rights include: (1) the right to improve the Property as part of the overall development; (2) the right to exchange the Property, or portion thereof, for another parcel which exchange property shall be contiguous to the Property; (3) reservation of easements for utilities and temporary construction easements; and (4) right of first refusal in the event the City shall sell or lease all or a portion of the Property for purposes other than a public park. The term of the covenant shall be for 30 years which time will be extended automatically for successive periods of 10 years each unless modified or released by the mutual consent of the parties. The developer will improve and maintain the area at its sole cost and shall provide liability insurance to the City, listing the City as additional insured. 00-1a 7 Honorable Mayor and Members Of the City Commission Page 2. Additionally, Swire Pacific has submitted an application to the State of Florida for a submerged lands lease for the construction and development of 112 wet slips, 6 of which will be dedicated for use by the City's Marine Patrol. In years past, Swire Pacific met with representatives of the. City administration that supported a joint application since, in accordance with the development order, the City is proposed to be the owner of the upland immediately adjacent to the marina site.. Based on same, Swire Pacific submitted the submerged lands lease application to the State listing the City as a co -applicant. Unless and until the City accepts the conveyance of the upland from the developer, the State does not view the City as an eligible applicant for the submerged lands lease. Swire Pacific will design, build, operate and maintain the marina at no cost to the City. Additionally, Swire Pacific has agreed to provide office space for the City's Marine Patrol at no cost to the City. 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