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HomeMy WebLinkAboutR-04-0389City of Miami Legislation Resolution: R-04-0389 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00600 Final Action Date: 6/24/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED LAND 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 A TERM OF TEN (10) YEARS, FOR THE CITY'S USE OF SUBMERGED LANDS OWNED BY THE STATE OF FLORIDA ADJACENT TO CITY UPLAND PROPERTY, LOCATED AT 601 NORTHWEST 7TH STREET, MIAMI, FLORIDA, A/K/A SPRING GARDEN POINT PARK ("PARK"), WITH SAID LEASE TO REFLECT NO RENT AS LONG AS THE DOCK SLIPS ARE USED FOR TEMPORARY DOCKAGE PURPOSES. WHEREAS, the City of Miami ("City") owns a parcel of land along the Miami River, located at 601 Northwest 7th Street, Miami, Florida, commonly known as Spring Garden Point Park ("Park"); and WHEREAS, Resolution 03-081, adopted January 23, 2003, authorized the City Manager to submit a joint application with Miami -Dade County Department of Environmental Resources Management ("DERM") to the Florida Inland Navigation District ("FIND") for the environmental restoration of the Park; and WHEREAS, said Resolution authorized DERM to act as the City's agent in the application process; and WHEREAS, in accordance to the FIND project agreement DERM will develop the construction documents, select the contractor, provide project management, construction supervision and monitoring of the completed project in cooperation with the Department of Parks and Recreation; and WHEREAS, the environmental restoration of the Park includes the reconstruction of a 145 foot dock, installation of a new 152 foot dock, construction of a wetland area, installation of a boardwalk, excavation and shoreline stabilization for the park; and WHEREAS, during the permitting process, the State of Florida required the City to execute a Submerged Land Lease Agreement to approve the operation of two (2) public marginal docks, reconstruction of a 145 foot dock and the installation of a new 152 foot dock within the submerged lands owned by the State; and WHEREAS, while the City negotiated the submerged land lease with the State, the Florida Department of Environmental Protection ("FDEP") issued a temporary permit to South Florida Water Management District ("SFWMD") authorizing a monitoring station within a portion of the lease area; and WHEREAS, SFWMD has vacated the site and the State can now proceed in offering this submerged land lease to the City; City of Miami Page 1 of 2 File Id: 04-00600 (Version: 1) Printed On: 9/16/2016 File Number: 04-00600 Enactment Number: R-04-0389 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{1} to execute a Submerged Land 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 a term of ten (10) years, for the City's use of submerged lands owned by the State adjacent to City upland property, located at 601 Northwest 7th Street, Miami, Florida, a/k/a Spring Garden Point Park, with said lease to reflect no rent as long as the dock slips are used for temporary dockage purposes. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} 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. {2} 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. City of Miami Page 2 of 2 File Id: 04-00600 (Version: 1) Printed On: 9/16/2016