HomeMy WebLinkAboutR-08-0536City of Miami
Legislation
Resolution: R-08-0536
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01000 Final Action Date: 9/25/2008
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;
and
City of Miami
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File Number: 08-01000 Enactment Number: R-08-0536
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}
Footnotes:
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File Number: 08-01000 Enactment Number: R-08-0536
{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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