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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov.com
File Number: 07-00425
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT
("AMENDMENT") TO THE SUBMERGED LANDS EASEMENT AGREEMENT
("EASEMENT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITI-
CORAL REEF YACHT CLUB, A NON-PROFIT CORPORATION ("GRANTEE"), TO
PROVIDE FOR A ONE-TIME CONTRIBUTION BY THE CITY IN THE AMOUNT OF
ONE HUNDRED FOURTEEN THOUSAND DOLLARS ($114,000) TO BE APPLIED
TOWARDS THE PAYMENT OF ANNUAL FEES DUE TO THE STATE OF FLORIDA
BY GRANTEE IN CONNECTION WITH THE STATE'S APPROVAL OF THE
EASEMENT AGREEMENT WHICH PROVIDES FOR GRANTEE'S CONTINUED
USE OF THE CITY -OWNED SUBMERGED LANDS LOCATED WATERWARD OF
2484 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; SAID CONTRIBUTION TO BE
MADE IN THE FORM OF A CREDIT AGAINST THE ONE MILLION ONE HUNDRED
FORTY THOUSAND DOLLARS ($1,140,000) DUE TO THE CITY FROM GRANTEE
IN CONSIDERATION FOR THE EASEMENT AGREEMENT; PROVIDING FOR
EXECUTION BY GRANTEE OF A WAIVER OF ANY AND ALL CLAIMS OF
OWNERSHIP TO THE CITY -OWNED SUBMERGED LANDS PURSUANT TO THE
BUTLER ACT, AND PROVIDING AN AMENDMENT TO THE EFFECTIVE DATE;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS IN CONNECTION WITH THE AMENDMENT; WITH TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT.
WHEREAS, by Resolution No. 06-0218, adopted April 6, 2006, the City Commission authorized
and approved an Easement Agreement ("Easement Agreement") between the City of Miami ("City")
and Coral Reef Yacht Club ("Grantee"), for Grantee's continued use of City -owned submerged lands
located waterward of Grantee's riparian uplands located at 2484 South Bayshore Drive, Miami, Florida;
and
WHEREAS, the City and Grantee executed the Easement Agreement on May 5, 2006, subject to
approval by the Board of Trustees of Internal Improvement Trust Fund (the "State") due to a deed
restriction on the submerged lands; and
WHEREAS, on October 23, 2006, the State issued a letter finding that the easement is consistent
with the 1958 Resolution of the Board of Trustees of the Internal Improvement Trust Fund and the
previous waivers granted in connection with Grantee's use of the submerged lands, and that no further
State approval was required; and
WHEREAS, one of the previous waivers issued by the State provided for an annual payment to the
State in accordance with Rule 18-21.011 of the Fla. Administrative Code, which provides for an
annual fee which is increased annually based upon increases in the Consumer Price Index; and
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File Number.' 07-00425
WHEREAS, the annual fee for 2006-07 was $7,728.98, and these fees have been paid by
Grantee; and
,7 , : negotiations for the Easement, City Administration agreed that in the event
the State required payment in connection with its approval of the Easement Agreement, it would
recommend to the City Commission that the City contribute no more than 10% of the consideration to
be paid by Grantee for the easement, or $114,000, as the City's one-time contribution to the payment
of the annual fees due to the State; and
WHEREAS, the City's contribution will be made in the form of a credit against the consideration to
be paid by Grantee to the City for the Easement; and
WHEREAS, as the Easement is in perpetuity, subject to certain termination events, and the
easement price is valued as if it was the fee simple value of the submerged land as opposed to an
easement value, it has been determined that this one-time contribution by the City towards the
payment of State fees is fair and reasonable; and
WHEREAS, Grantee has agreed to waive any and all Butler Act claims to the Easement Area;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute the First Amendment to the Submerged
Lands Easement Agreement ("Amendment"), in substantially the attached form, with the Grantee, to
provide for a one-time contribution by the City in the amount of $114,000, to be applied towards the
payment of annual fees to the State of Florida by Grantee, in connection with the State's approval of
an Easement Agreement, which provided for Grantee's continued use of certain City -owned
submerged lands located waterward of 2484 South Bayshore Drive, Miami, Florida, said contribution
to be made in the form of a credit against the $1,140,000, consideration due to the City from Grantee
in connection with the Easement Agreement, to provide for execution by Grantee of a waiver of any
and all claims of ownership it may have to the submerged lands pursuant to the Butler Act, and to
provide for an amendment to the Effective Date of the Easement Agreement, with terms and
conditions as more particularly set forth in said Amendment.
Section 3. The City Manager is further authorized11 } to execute all necessary documents in
connection with the Amendment.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORG L FERNANDEZN4 fit
CITY A I RNEY
City of Miami
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File Number: 07-00425
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.
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