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HomeMy WebLinkAboutR-82-0031i 14 RESOLUTION N0, 8 2 to 3 1 A RESOLUTION CONDITIONALLY AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT NO. 29 IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE AMENDED LEASE AGREEMENT DATED JUNE 29, 19799 BETWEEN THE CITY OF MIAMI AND THE CORAL REEF YACHT CLUB ALLOWING THE INCLUSION OF ADDITIONAL SUBMERGED LAND SO THAT THE SAID CLUB CAN EFFECTIVELY INCREASE WET SLIP STORAGE BY TWENTY-EIGHT SLIPS AS ORIGINALLY PLANNED. WHEREAS, the Coral Reef Yacht Club petitioned the City to extend its submerged land lease so that it can expand its marine facilities; and WHEREAS, a revised submerged land lease and annual lease fee was approved by the City Commission on May 22, 1979, by Resolution No. 79-324; and WHEREAS, an increase in fee was predicted on the lessee being able to obtain the necessary Florida Department of Environmental Regulations and the U. S. Army Corps of Engineers construction permits; and WHEREAS, the necessary permits were unobtainable because of the need to dredge environmentally protected sea grasses to accomplish the lessee's proposed marina expansion; and WHEREAS, by adding additional submerged land that would contain an area of deeper water, the project can be accomplished without dredging; and WHEREAS, the parties pursuant to Resolution No. 81-262 approved by the City Commission on April 9, 1981, include additional submerged land lying to the north and contiguous with the Coral Reef Yacht Club's existing leased area as set forth in the amended lease agreement dated June 29, 1979; and WHEREAS, a recently discovered shallow area now requires an additional adjustment to the lease area in order to avoid dredging; FLORIDA: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, Section 1. The City Manager is hereby authorized to execute an P.mendment, in substantially the form attached hereto, to the Amended Lease Agreement dated June 29, 1979, between the City of Miami and the Coral Reef Yacht Club for certain described City property. -I- my COMMISSION MEETING OF JAN1 41982 8 2 - 3 Now= No ..................: .............H..N H.MIM� Section 2. The purpose of the herein Amendment is to allow the inclusion of additional submerged lands so that the Club can effectively increase wet -slip storage by twenty-eight slips as originally planned. The lease authorized to be execu- ted by this Resolution is hereby expressly declared to be subject to the condition that except for pier head slips, no vessel ex- ceeding 30 feet in length be stored or docked at any of the herein proposed new slips. Section 3. The herein authorization is conditioned upon the said Club executing a release and document which cancels and surrenders a portion of the area leased under the amended June 29, 1979 Agreement, which portion is no longer to be included in said amended June 29, 1979 Agreement. The legal description of said relinquished portion is fully set forth in Exhibit A attached hereto. PASSED AND ADOPTED this 14th day of January, 1982. Maurice A. Ferre M A Y O R ATTEST: ALPH ONGIE C Y CLERK PREPARED AND APPROVED BY: 4OBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1 V• Q!�t GEORGE F. KNOX, JR. CITY ATTORNEY