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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00347 Final Action Date:
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 DEED NO. 18730-A, IN SUBSTANTIALLY THE
ATTACHED FORM ATTACHED, 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; AND (2) AN ACKNOWLEDGMENT THAT NO FEES ARE DUE TO THE
STATE OF FLORIDA FOR LEASES OR AGREEMENTS, OR EXTENSIONS
THERETO, WHICH ARE IN COMPLIANCE WITH THE DEED RESTRICTION AS
MODIFIED HEREIN; AUTHORIZING THE ALLOCATION OF UP TO FIFTEEN
PERCENT (15%) OF REVENUES RECEIVED BY THE CITY FROM ANY NEW
LEASES WITH PRIVATE ENTITIES OPERATING WITHIN THE DEED
RESTRICTED AREA 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 Board of Trustees of the Internal Improvement Trust Fund's ("Trustees") Deed No.
18730 was originally executed August 21, 1942, and was subsequently modified by Deed No. 18730-A
on July 11, 1953, which deed provided a restriction that the property be used for "harbors and airport
constructions and development;" and
WHEREAS, there is an existing lease for a Federal Aviation Administration antenna on the
property; and
WHEREAS, the City of Miami ("City") is currently working on a master plan for Virginia Key, but
there is currently no market for the harbor and airport development; and
WHEREAS, the City hereby requests that the restrictions in Deed No. 18730-A be modified to
permit "first come, first served" facilities operated by private entities, the City, and/or other
governmental entities;
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 No. 18730-A, in substantially the attached form, Exhibit "A," to specifically allow for open to the
City of Miami Page 1 of 2 Printed On: 3/28/2008
File Number: 08-00347
public, "first come, first served" facilities run by private entities, the City and/or governmental entities,
in addition to the currently permitted use of "harbors and airport constructions and development"; and
(2) an acknowledgment that no fees are due to the State of Florida for leases or agreements, or
extensions thereto, which are in compliance with the deed restriction as modified herein.
Section 3. 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 area for the purpose of
funding maintenance and improvements of waterfront properties, is authorized.
Section 4. 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 deeds.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
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 Printed On: 3/28/2008