HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: d -- b
PH.3
Date: 3/21/08 Requesting Department: Public Facilities /Asset Mgmt
Commission Meeting Date: 4/10/2008 District Impacted: 2
Type: ® Resolution (1 Ordinance [1 Emergency Ordinance n Discussion Item
❑ Other
Subject: Resolution accepting certain deed modifications and authorizing conveyance of certain submerged
land to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees")
Purpose of Item:
A Resolution of the Miami City Commission authorizing the City Manager to accept from the Board of Trustees
of the Internal Improvement Trust Fund ("Trustees"): (1) a modification of deeds # 19447, 19448, 18030, 18450
and Senate Bill 640, in substantially the form attached hereto as Exhibit "A", to specifically allow for open to the
public, "first come, first served" facilities run by private entities, the City of Miami and/or governmental entities;
(2) a determination that Biscayne Bay Restaurant (d/b/a Rusty Pelican), Rickenbacker Marina and 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 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 acknowledgment 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 with the above modification of deeds and senate bill; authorizing the allocation of up to 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.
Background Information:
Budget Impact Analysis.
No Is this item related to revenue?
No Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
No Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
(SIGN AND DATE)
CIP Budget i'vt2
If using or receiving capital funds
Grants ^Jrr Risk Management J, r
Purchasing ! Dept. Director ' " .
Chic 1`; `, ,� ,.� _ City Manager �, J
Paee I of 2
Subject: Resolution accepting certain deed modifications and authorizing conveyance of certain submerged land
to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees")
Background Information:
The 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 (collectively "Deeded
Areas"), which deeds and Senate Bill contained certain deed restrictions. On past occasions, the City has
requested and received waivers of these deed restrictions and findings of compliance with the deed restrictions.
The State of Florida Department of Environmental Protection ("DEP"), on behalf of the Trustees, has been
investigating all agreements which the City has entered into within these Deeded Areas. DEP found that the
agreements with Rusty Pelican and Rickenbacker Marina are "first come, first served" facilities run by private
entities, but which have not received individual waivers as of this date. The facilities are within similarly
restricted Trustees conveyances to the City, but are utilized in a manner similar to those sites which have already
received waivers or have otherwise been found in compliance with the deed restrictions. The proposed
modification to allow for uses that are open to the public, "first come, first served," will clarify the scope of
municipal and public purposes, by way of example but not limitation, 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.
The City also 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. A portion of the
Club's current location was conveyed in two phases — a portion which is covered by 1935 Senate Bill 640 and the
other portion by Deed 19448, which conveyances contained a restriction that the land be used for "municipal
purposes only". The Club provides many programs to the general public for the purpose of promoting sailing,
which programs are open to the public, first come, first served and do not require membership to participate. 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.
The City previously entered into leases with Brickell Place Phases I and II for use of certain submerged lands,
which leases have subsequently expired, which facilities were not open to the public facilities. In consideration of
the modification of the above listed deeds and Senate Bill and waiver of any fees that may have been due to the
State, the City will quit claim to the Trustees the submerged land previously occupied by Brickell Place Phases I
and II and allocate up to 15% of 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.
A draft copy of the Trustee's agenda item is attached hereto for reference which agenda item provides further
details regarding the findings and recommendations related to this matter.
Paee 2 of 2