HomeMy WebLinkAboutR-04-0682City of Miami
Legislation
Resolution: R-04-0682
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01094 Final Action Date: 10/14/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBMERGED LAND LEASE
RENEWAL, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI ("CITY") AND THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("STATE"), TO
PROVIDE, FORA TERM OF FIVE (5) YEARS, FOR THE CITY'S CONTINUED USE
OF SUBMERGED LANDS OWNED BY THE STATE ADJACENT TO THE UPLAND
PROPERTY OWNED BY THE CITY LOCATED AT 60 SOUTHEAST 4TH STREET,
MIAMI, FLORIDA, C/K/A FORT DALLAS PARK , WITH SAID LEASE TO BE WITH
NO RENT AS LONG AS THE SLIPS ARE USED FOR TEMPORARY DOCKAGE;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE FUTURE
EXTENSIONS TO THE TERM OF THE LEASE AS APPROVED BY THE STATE.
WHEREAS, the City of Miami ("City") owns a parcel of land along the Miami River, located at 60
Southeast 4th Street, Miami, Florida, commonly known as Fort Dallas Park ("Park"); and
WHEREAS, the upland property is currently being used by Miami River Group, Inc. d/b/a Bijan's
under a restaurant agreement with the City; and
WHEREAS, the City executed a Submerged Land Lease ("Lease") with the Internal Improvement
Trust Fund of the State of Florida ("State") for an initial five-year term, which may be renewed at the
sole option of the State; and
WHEREAS, the Lease was extended for an additional five-year term that expired on July 26,
2004; and
WHEREAS, the Lease provided for the operation of a marginal dock in connection with the Park
and the restaurant on said location; and
WHEREAS, the State waived its fees for use of the submerged land so long as it serves public
interest and the slips are used for temporary dockage;
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 incorporated
as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Lease, in substantially the attached
form, between the City and the Board of Trustees of the Internal Improvement Trust Fund of the
State, to provide, for a term of five years, for the City's continued use of submerged lands owned by
the State adjacent to the upland property owned by the City located at 60 Southeast 4th Street,
City of Miami
Page 1 of 2 File Id: 04-01094 (Version: 11 Printed On: 10/11/2016
File Number: 04-01094 Enactment Number: R-04-0682
Miami, Florida, c/k/a Fort Dallas Park, with said Lease to be with no rent as long as the docks are
used for temporary dockage.
Section 3. The City Manager is authorized{1} to execute future extensions to the term of the
Lease as approved by the State.
Section 4. 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: 04-01094 (Version: 11 Printed On: 10/11/2016