HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01000 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SOVEREIGNTY
SUBMERGED LANDS LEASE ("LEASE"), 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 10,671 SQUARE FEET, MORE
OR LESS, OF STATE-OWNED SUBMERGED LANDS LYING ADJACENT TO THE
CITY'S UPLANDS ("UPLANDS") PROPERTY LOCATED AT 236 AND 298
SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FOR USE BY THE CITY
OR ITS LICENSEE, GARCIA BROTHERS WHOLESALE, INC. UNDER AN
EXISTING REVOCABLE LICENSE AGREEMENT ("LICENSEE") AS A
WHOLESALE/RETAIL COMMERCIAL LOBSTER/FISHING BUSINESS,
COMMENCING MAY 5, 2008 THROUGH MAY 4, 2013, FOR A TERM OF FIVE (5)
YEARS; PROVIDING FOR LICENSEE'S PAYMENT OF AN INITIAL ANNUAL
LEASE FEE OF ONE THOUSAND, FIVE HUNDRED AND FIFTY-THREE
DOLLARS AND TWENTY-ONE CENTS ($1553.21), ADJUSTED ANNUALLY
THEREAFTER, AND A ONE-TIME TWENTY-FIVE PERCENT (25% )
SURCHARGE, IF APPLICABLE, PLUS SALES TAX, AS APPLICABLE, AS SET
FORTH IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
("DEP"), ADMINISTRATIVE RULE 18-21.011, AS MAY BE AMENDED, AND
SUBJECT TO ANY RESTRICTIONS SET FORTH BY DEP FOR THE USE OF SAID
PROPERTY, AND PROVIDING FOR THE TERMINATION OF THE EXISTING
TEMPORARY USE AGREEMENT ("TUA") SIMULTANEOUSLY WITH ENTERING
INTO THE LEASE; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY
SET FORTH IN THE LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO
MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH LEASE AS NEEDED AND
TO EXECUTE ANY SUBSEQUENT LEASE RENEWALS AND TO EXECUTE ALL
NECESSARY DOCUMENTS FOR SAID PURPOSE, SUBJECT TO APPROVAL OF
LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY.
WHEREAS, the City of Miami ("City") owns the property located at 236 and 298 Southwest 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 adjacent to the City -owned Uplands located at 236 and 298
Southwest North River Drive, Miami (the "Submerged Lands"); and
WHEREAS, on September 22, 2005, the City Commission authorized the City Manager by
Resolution No. 05-0571 to enter into a Revocable License Agreement for use of the City -owned
uplands by Garcia Brother's Wholesale, Inc. ("Licensee") and Licensee's continued use of the
Submerged Lands for its wholesale/retail lobster/fishing business is subject to approval by the State;
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File Number: 08-01000
and
WHEREAS, the State required the City to first enter into a Temporary Use Agreement which would
then be replaced by a longer -term Sovereignty Submerged Lands Lease for use of the Submerged
Lands; and
WHEREAS, on July 10, 2007, the City Commission authorized the City Manager by Resolution No.
07-0401, to enter into and execute a Temporary Use Agreement ("TUA") issued by the State for the
City's and/or the Licensee's use of the Submerged Lands; and
WHEREAS, the City and the State now seek to enter into a long-term Sovereignty Submerged
Lands Lease ("Lease") to facilitate the Licensee's use of said Submerged Lands;
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 a Sovereignty Submerged Lands Lease
(the "Lease"), in substantially the attached form, with the Board of Trustees of the Internal
Improvement Trust Fund ("State"), for the use of approximately 10,671 square feet, more or less, of
State-owned submerged lands lying adjacent to the City -owned upland property located at 236 and
298 Southwest North River Drive, Miami, Florida, use by the City or its Licensee under an existing
Revocable License Agreement for a wholesale/retail commercial lobster/fishing business, for a term of
five (5) years, commencing May 5, 2008 through May 4, 2013, providing for Licensee's payment of an
initial annual Lease Fee of One Thousand, Five Hundred and Fifty -Three Dollars and Twenty -One
Cents ($1553.21), adjusted annually thereafter, and a one-time twenty-five percent (25%) surcharge, if
applicable, plus sales tax, if applicable, as set forth in Florida Department of Environmental Protection
("DEP"), Administrative Rule 18-21.011, as may be amended and subject to any restrictions set forth
by DEP for the use of said property.
Section 3. The existing TUA is to be terminated simultaneously with entering into the Lease.
Section 4. The City Manager is authorized{1} to make non -substantive amendments to such Lease
as needed, and to execute any subsequent lease renewals and to execute all necessary documents
for said purpose, subject to approval of legal form and correctness by the City Attorney.
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)A
CITY ATTORNEY
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File Number: 08-01000
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.
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