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Home My WebLink AboutR-08-0192City of Miami Legislation Resolution: R-08-0192 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00346 Final Action Date: 4/10/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("TRUSTEES"): (1) A MODIFICATION OF DEEDS NOS. 19447, 19448, 18030, 18450 AND SENATE BILL 640, IN SUBSTANTIALLY THE ATTACHED FORM, AS EXHIBIT "A," TO SPECIFICALLY ALLOW FOR OPEN TO THE PUBLIC, "FIRST COME, FIRST SERVED" FACILITIES RUN BY PRIVATE ENTITIES, THE CITY OF MIAMI ("CITY") AND/OR GOVERNMENTAL ENTITIES; (2) A DETERMINATION THAT THE BISCAYNE BAY RESTAURANT (D/B/A RUSTY PELICAN), THE RICKENBACKER MARINA AND THE COCONUT GROVE SAILING CLUB ARE CONSISTENT WITH THE PURPOSES OF THE DEEDS AS MODIFIED; (3) A WAIVER BY THE TRUSTEES OF THE RIGHT TO ANY FEES THAT MAY BE DUE TO THE STATE OF FLORIDA ("STATE") ON ANY LEASES OR LICENSES THAT DID NOT HAVE A WAIVER OF DEED RESTRICTION IN PLACE AT THE TIME THIS DEED MODIFICATION IS APPROVED; AND (4) AN ACKNOWLEDGEMENT THAT NO FEES ARE DUE TO THE STATE FOR LEASES OR AGREEMENTS, OR EXTENSIONS THERETO, THAT ARE FOUND IN COMPLIANCE WITH THE DEED RESTRICTIONS AS MODIFIED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED TO THE TRUSTEES OF CERTAIN SUBMERGED LAND IN CONSIDERATION OF THE ABOVE MODIFICATION OF DEEDS AND SENATE BILL; AUTHORIZING THE ALLOCATION OF UP TO FIFTEEN PERCENT (15%) OF ALL REVENUES RECEIVED BY THE CITY FROM ANY NEW LEASES WITH PRIVATE ENTITIES OPERATING WITHIN THE DEED RESTRICTED AREAS FOR THE PURPOSE OF FUNDING MAINTENANCE AND IMPROVEMENTS OF WATERFRONT PROPERTIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED NECESSARY TO ACCOMPLISH THE ABOVE. WHEREAS, the City of Miami ("City") received title to certain lands from the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") pursuant to Deed Nos. 19447, 19448, 18030 and 18450, and Senate Bill 640; and WHEREAS, said deeds and Senate Bill contained certain deed restrictions; and WHEREAS, on past occasions the City has requested and received waivers of these deed restrictions and findings of compliance with the deed restrictions; and WHEREAS, the City previously entered into an agreement with the Coconut Grove Sailing Club ("Club") who has been occupying its leased property since 1946 and operates a facility for sailing and marine education activities; and WHEREAS, a portion of the Club's current location was conveyed in two phases- a portion which City of Miami Page 1 of 4 File Id: 08-00346 (Version: 11 Printed On: 5/1/2017 File Number: 08-00346 Enactment Number: R-08-0192 is covered by 1935 Senate Bill 640 and the other portion by Deed No. 19448; and WHEREAS, both of these conveyances contained a restriction that the land be used for "municipal purposes only;" and WHEREAS, the Club provides many programs to the general public for the purpose of promoting sailing, which programs are open to the public,on a first come, first served basis and do not require membership to participate; and WHEREAS, it is recommended that the Club be allowed to continue to operate in its current manner until such time as the City enters into a new agreement with the Club for its continued use of the property at which time it must comply with the deed restriction as modified; and WHEREAS, the City has lease agreements for two (2) other sites that are "open to the public" facilities run by private entities, but which have not received individual waivers as of this date, which facilities include the Biscayne Bay Restaurant (d/b/a Rusty Pelican) and the Rickenbacker Marina (collectively the "Facilities"); and WHEREAS, the proposed modification to allow for uses that are open to the public, on a "first come, first served" basis, will clarify the scope of municipal and public purposes, by way of example but not limitation, and the City will be deemed to be in compliance with the deed restriction, without further approval required by the Trustees, when entering into a long term lease agreement with a private entity to operate a marina, boat repair shop, park, museum, aviation facility, or retail and restaurants, when such facility operated by the private entity is open to the public; and WHEREAS, said modification would further provide that any revocable license agreement or management agreement to provide services on behalf of the City is not a conveyance in interest in property and shall be deemed a public purpose and in compliance with the deed restriction; however, all uses, including those authorized through revocable license agreements, are subject to state and local permitting requirements; and WHEREAS, the City previously entered into leases with Brickell Place Phases I and II for use of certain submerged lands, which leases have subsequently expired; and WHEREAS, in conjunction with the receipt of the modification of said deeds and said Senate Bill, the City will quit claim to the Trustees that certain submerged land previously occupied by Brickell Place Phases I and II; and WHEREAS, the City has collected revenues in the amount of $11,842,607, from those agreements which did not provide for a separate waiver fee to the State of Florida ("State"); and WHEREAS, pursuant to Ordinance 12937, adopted August 1, 2007, the City Commission authorized the allocation of ten percent (10%) of the annual gross dockage monies received each fiscal year for the funding of necessary capital repairs and capital related improvements to City marinas and mooring facilities; and WHEREAS, since 1986 the City has invested $15,624,300 in waterfront projects which are open to the public and provide access to the water for the general public, including the construction of boat City of Miami Page 2 of 4 File Id: 08-00346 (Version: 11 Printed On: 5/1/2017 File Number: 08-00346 Enactment Number: R-08-0192 ramps, public marinas, mooring fields, or other working waterfront type activities; and WHEREAS, since the City has invested more in waterfront projects than the aforementioned revenue, the State agrees to waive its right to any fees that may be due on any leases or licenses that did not have a waiver of deed restriction in place at the time this deed modification is approved; and WHEREAS, notwithstanding the foregoing, fees due to the State from existing waivers shall continue to be due and payable until the expiration of the respective lease regardless that it may now be in compliance with the deed, as modified herein; 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 accept from the Trustees: (1) a modification of Deed Nos. 19447, 19448, 18030, and 18450, and Senate Bill 640, in substantially the attached form, as Exhibit "A," to specifically allow for open to the public, "first come, first served" facilities run by private entities, the City and/or governmental entities; (2) a determination that the Facilities and the Club are consistent with the purposes of the deeds as modified; (3) a waiver by the Trustees of the right to any fees that may be due to the State on any leases or licenses that did not have a waiver of deed restriction in place at the time the deed modification is approved; and (4) an acknowledgement that no fees are due to the State for leases or agreements, or extensions thereto, that are found in compliance with the deed restrictions as modified herein. Section 3. The City Manager is authorized{1} to execute a quit claim deed to the Trustees of certain submerged land in consideration of the above modification of deeds and Senate Bill. Section 4. The allocation of up to fifteen percent (15%) of rental revenues received by the City from any new leases with private entities operating within the deed restricted areas for the purpose of funding maintenance and improvements of waterfront properties is authorized. Section 5. The City Manager is further authorized{1} to execute any additional document(s), in a form acceptable to the City Attorney, as deemed necessary to accomplish the modification of said deeds, determination of Senate Bill 640 and the conveyance of parcels to the Trustees. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 3 of 4 File Id: 08-00346 (Version: 11 Printed On: 5/1/2017 File Number: 08-00346 Enactment Number: R-08-0192 {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 4 of 4 File Id: 08-00346 (Version: 11 Printed On: 5/1/2017