HomeMy WebLinkAboutR-07-0572City of Miami
Legislation
Resolution: R-07-0572
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01196 Final Action Date: 10/11/2007
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.
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
WHEREAS, the State requires the City to pay a lease processing fee of $512, pursuant to
City of Miami
Page 1 of 2 File Id: 07-01196 (Version: 1) Printed On: 4/17/2017
File Number: 07-01196 Enactment Number: R-07-0572
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 in 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; 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{1}
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.
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: 07-01196 (Version: 1) Printed On: 4/17/2017