HomeMy WebLinkAboutPre LegislationCity of Miami
Master Report
Enactment Number: R-07-0401
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00859
Version: 1
File Type: Resolution
Reference:
File Name: Temporary Use Agreement -Garcia Brothers Wholesale, Inc.
Requester: Department of Public Facilities Cost:
Status: Passed
Controlling Body: Office of the City
Clerk
Introduced: 6/ 18 /2007
Final Action: 7/10/2007
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY USE AGREEMENT, 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, FOR THE USE OF APPROXIMATELY 7,273.40 SQUARE FEET OF STATE-OWNED
SUBMERGED LANDS LYING ADJACENT TO THE CITY'S UPLAND PROPERTY LOCATED AT
236 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FOR A TERM OF ONE (1) YEAR;
PROVIDING FOR THE PAYMENT OF AN ANNUAL SUBMERGED LANDS FEE, AS SET FORTH
IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ADMINISTRATIVE RULE
18-21.011(1)(B), AS MAY BE AMENDED; PROVIDING FOR THE ONE-TIME PAYMENT BY THE
CITY OF RETROACTIVE FEES IN THE AMOUNT OF $32,814.80, FOR THE USE OF THE
SUBMERGED LANDS FROM SEPTEMBER 30, 1984 THROUGH SEPTEMBER 30, 2007;
ALLOCATING FUNDS FROM GENERAL REVENUE ACCOUNT NO.
04002.221100.544000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY OTHER NECESSARY DOCUMENTS, FOR SAID PURPOSE.
Sponsors:
Notes:
Indexes:
Attachments: 07-00859 Legislation.pdf,07-00859 Exhibit 1.pdf,07-00859 Exhibit 2.pdf,07-00859 Summary
Form.pdf,07-00859 Pre-Legislation.pdf,
History of Legislative File
Version: Acting Body:
Date: Action: Sent To: Due Date: Return Date: Result:
1 Office of the City 6/25/2007 Reviewed and
Attorney Approved
1 City Commission 7/10/2007 ADOPTED Pass
1 Office of the Mayor 7/20/2007 Signed by the Mayor Office of the City
Clerk
1 Office of the City Clerk 7/24/2007 Signed and Attested
by City Clerk
City of Miami Page 1 Printed on 9/15/2008
City of Miami
Legislation
Resolution: R-07-0401
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00859 Final Action Date: 7/10/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY USE
AGREEMENT, 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, FOR THE USE OF
APPROXIMATELY 7,273.40 SQUARE FEET OF STATE-OWNED SUBMERGED
LANDS LYING ADJACENT TO THE CITY'S UPLAND PROPERTY LOCATED AT
236 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FOR A TERM OF
ONE (1) YEAR; PROVIDING FOR THE PAYMENT OF AN ANNUAL SUBMERGED
LANDS FEE, AS SET FORTH IN FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, ADMINISTRATIVE RULE 18-21.011(1)(B), AS MAY BE AMENDED;
PROVIDING FOR THE ONE-TIME PAYMENT BY THE CITY OF RETROACTIVE
FEES IN THE AMOUNT OF $32,814.80, FOR THE USE OF THE SUBMERGED
LANDS FROM SEPTEMBER 30, 1984 THROUGH SEPTEMBER 30, 2007;
ALLOCATING FUNDS FROM GENERAL REVENUE ACCOUNT NO.
04002.221100.544000.0000.00000; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, FOR SAID
PURPOSE.
WHEREAS, the City of Miami ("City") owns the property located at 236 Southwest North River
Drive, Miami, Florida, along the Miami River ("Uplands"); and
WHEREAS, the State of Florida, Board of Trustees of the Internal Improvement Trust Fund
("State") owns the submerged lands fronting the City -owned Uplands located at 236 Southwest North
River Drive, Miami ("Submerged Lands"); and
WHEREAS, the City issued a Request for Letters of Interest on April 22, 2005 to solicit the use of
the Uplands and the prospective use of the State-owned Submerged Lands by a Licensee; and
WHEREAS, pursuant to Resolution No. 05-0571, adopted September 22, 2005, the City
Commission authorized the City Manager to enter into a Revocable License Agreement for such use;
and
WHEREAS, the State requires the City to enter into a Temporary Use Agreement ("Agreement")
and/or Submerged Land Lease to use the Submerged Lands; and
WHEREAS, the State is requiring that the City make a one-time payment of retroactive fees in the
amount of $32,814.80, based on the use of the Submerged Lands from September 30, 1984 through
September 30, 2007; and
WHEREAS, the terms of the Agreement requires the prospective Licensee to pay for future
submerged land fees charged by the State for the on -going use of the submerged lands;
City of Miami Page 1 of 2 Printed On: 9/15/2008
File Number: 07-00859 Enactment Number: R-07-040/
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 an Agreement, in substantially the
attached form, with the State, for the use of approximately 7,273.40 square feet of submerged lands
Tying adjacent to the City -owned Uplands, for a term of one (1) year.
Section 3. Said Agreement provides for the payment of an annual Submerged Lands Fee as set
forth in Florida Department of Environmental Protection, Administrative Rule 18-21.011(1)(B), as may
be amended, and the one-time payment by the City of retroactive fees in the amount of $32,814.80,
for the use of the submerged lands from September 30, 1984 through September 30, 2007, with funds
allocated from General Revenue Account No. 04002.221100.544000.0000.00000.
Section 4. The City Manager is authorized{1} to execute any other necessary documents, for said
purpose.
Section 5. 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 Printed 0::: 9/15/2008