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Legislation
Resolution
File Number: 07-01196
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND LEASE
RENEWAL ("SECOND LEASE RENEWAL"), 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
("STATE"), FOR THE USE OF APPROXIMATELY 39,000 SQUARE FEET OF
STATE-OWNED SUBMERGED LANDS LOCATED ADJACENT TO THE
CITY -OWNED UPLAND PROPERTY AT 176 AND 250 NORTHWEST NORTH
RIVER DRIVE, MIAMI, FLORIDA, AND TO PROVIDE FOR: 1) A TERM OF
APPROXIMATELY FIVE (5) YEARS, COMMENCING NOVEMBER 20, 2007 AND
EXPIRING DECEMBER 31, 2012, TO FACILITATE THE CITY'S PROSPECTIVE
CONSTRUCTION AND MAINTENANCE OF PUBLIC DOCKS FOR LUMMUS
PARK; 2) THE CORRECTION OF THE LEGAL DESCRIPTION OF THE
PRECEDING MODIFIED SOVEREIGNTY SUBMERGED LANDS LEASE
RENEWAL COMMENCING JANUARY 27, 2003, DUE TO A SCRIVENER'S
ERROR; 3) THE PAYMENT OF A STATE LEASE PROCESSING FEE OF $512, AS
SET FORTH IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
ADMINISTRATIVE RULE 18-21.008(1)(a)(8), AS MAY BE AMENDED, WITH
FUNDS ALLOCATED FROM GENERAL FUND ACCOUNT NO.
04002.221100.544000.0000.00000, FOR SAID PURPOSE; AND 4) THE.
AUTHORIZATION FOR THE CITY MANAGER TO MAKE NON -SUBSTANTIVE OR
NON -MATERIAL AMENDMENTS AND TO EXECUTE SUBSEQUENT LEASE
RENEWALS FOR SAID PURPOSE, WITH TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID SECOND LEASE RENEWAL.
4'
WHEREAS, the City of Miami ("City") owns the property located at 176 and 250 Northwest
North River Drive, Miami, Florida, along the Miami River (the "Uplands"); and
WHEREAS, the State of Florida, Board of Trustees of the Internal Improvement Trust Fund
(the "State") owns the submerged lands fronting the City -owned Uplands (the "Submerged. Lands");
and
WHEREAS, the State entered into a lease and a subsequent modified sovereignty submerged
lands lease renewal with the City dated January 1, 2002 and January 27, 2003, respectively, allowing
the City's use of these Submerged Lands for public purposes, more specifically to facilitate the
prospective construction and maintenance of public recreational docks as an amenity for the nearby
Lummus Park; and
WHEREAS, the preceding modified sovereignty submerged lands lease renewal dated January
27, 2003, contained errors in the legal description referenced in the recitals section and the City and
the State now wish to correct these errors; and
City of Miami
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File Number: 07-01196
WHEREAS, the State requires the City to pay a lease processing fee of $512, pursuant to
Florida Administrative Code, Rule 18-21.008(1)(a)(8); and
WHEREAS, the City and the State desire to enter into a second lease renewal ("Second Lease
Renewal") effective November 21, 2007;
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 i'n this Section.
Section 2. The City Manager is authorized{1} to execute the Second Lease Renewal, in
substantially the attached form, between the City and the State, for the use of the Submerged Lands
located adjacent to the City -owned Uplands, and to provide for : 1) a term of approximately five (5)
years, commencing November 20, 2007 and expiring December 31, 2012, to facilitate the City's
prospective construction and maintenance of public docks for Lummus Park; 2) the correction of the
legal description of the preceding modified sovereignty submerged lands Lease. Renewal commencing
January 27, 2003, due to a scrivener's error; $) the payment of a State lease processing fee of $512,
as set forth in Florida Department of Environmental Protection, Administrative Rule 18-21.008(1)(a)(8),
as may be amended, with funds allocated from General. Fund Account : No.
04002.221100.544000.0000.00000, for said purpose; and 4) the authorization for the City Manager{1}
to make non -substantive or non -material amehdments and to execute subsequent lease renewals for
said purpose, with terms and conditions as more particularly set forth in said Second Lease Renewal.:
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
l% ,.
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
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