HomeMy WebLinkAboutPre Summary FormDate: 6/5/2007
AGENDA ITirM SUMMARY FORM
FILE ID: O r1.' CX,
CITY OF IAMI
q " Requesting Department: Public Facilities/Asset Mgnt.
Commission Meeting Dater t //i1 M Pik ti: 1 bistrict Impacted: 5
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance 0 Discussion Item
0 Other
Subject: Execute a Temporary Use Agreement between the City of Miami ("City") and the State of
Florida Board of Trustees of the Internal Improvement Trust ("TIITF") for the use of state-owned
submerged lands waterward of 236 SW N. River Drive, Miami, FL
Purpose of Item:
A Resolution of the City of Miami Commission, authorizing the City Manager to execute a
Temporary Use Agreement ("TUA"), in substantially the attached form, between the City of Miami
and the State of Florida Board of Trustees of the Internal Improvement Trust Fund ("THY") for the
use of approximately 7,273.40 square feet of' state-owned submerged lands lying adjacent to the city -
owned uplands located at 236 SW N. River Drive, Miami, FL. by the City and/or its Licensee, Garcia
Brothers Wholesale, Inc. for the term of one year; and providing for the payment of an annual
submerged land fee as set forth in the Florida Department of Environmental Protection Administrative
Rule 18-21.011(1)(B), as may be amended; and providing for the City's one-time payment for the use
of such submerged lands from September 30, 1984 through September 30, 2007, for a total payment
of $32,814.80; allocating funds therefor from General Revenue Account No.
04002.221100.544000.0000.00000; further authorizing the City Manager to execute all necessary
documents for said purpose; with terms and conditions as more particularly set forth in Agreement.
Background Information:
See attached.
Budget Impact Analysis
NO Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No: 04Q02.221100.544000.0000.00000 —4 ► TI4•14)
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:
CIP N 4
If using or receiving capital nds
Grants Nf Risk Management
Purchasin _J/4 Dept. Directo
Chief GtX- • b /01 City Manager
Final A ' ' roval•
► ►,
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Subject: Execute a Temporary Use. Agreement between the City of Miami ("City”) and the State of
Florida Board of Trustees of the Internal Improvement Trust ("TIITF") for the use of state-owned
submerged lands waterward of 236 SW N. River Drive, Miami, FL
Background Information:
The City Commission authorized the execution of a Revocable License Agreement ("RLA") with Garcia
Brothers Wholesale, Inc. ("Licensee") on September 22, 2005, for the use of the city -owned uplands at
236 SW N. River Drive and the use of the adjacent, state-owned submerged lands in the Miami River,
conditional upon the approval of the State of Florida Board of Trustees of the Internal Improvement
Fund ("TIIF"). The City subsequently executed the RLA with the Licensee on March 17, 2006. The
RLA provided for the right of termination by any party pursuant to Section 19 of the RLA without
liability or recourse, should the TIIF not approve a Temporary Use Agreement ("TUA") for the use of
submerged lands, the use of which was necessary for the Licensee's marine -related wholesale/seafood
business. Subsequent to the execution of the RLA, the City entered into negotiations with the TIIF
regarding back fees due and the terms of the Temporary Use Agreement and an anticipated Submerged
Land Lease Agreement governing the use of the submerged lands.
The TIIF required the payment of retroactive submerged land fees in the amount of $32,814.80 for the
City's unauthorized prior use of the submerged lands dating back to 1984 as a condition of the State's
consideration of the current Temporary Use Agreement. While the current Licensee was the prior
month -to -month tenant on the City -owned uplands, the City was unable to charge these retroactive
submerged land fees to the Licensee, since the City's prior month -to -month tenancy with this Licensee
was not subject to an agreement with the State for the use of the submerged lands. Additionally, the
award of the current RLA was done following a competitive process which necessitated uniform
terms be offered to all prospective proposers, which made it impracticable to require new users to pay
back fees from a prior user. As it was not a requirement of the RFLI, the City could not require Garcia
Bros pay the back fees due regardless that they were the beneficiary of the past use. The TUA does,
however, provide that the Licensee shall pay future submerged land fees and comply with all other
conditions of this TUA.
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