HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
CA k2
FILE ID: v C- 0 10 0 0
Date: 8/13/2008 Requesting Department: Public Facilities Department
Commission Meeting Date: 9/2008
District Impacted: 5
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Submerged Land Lease Agreement with the Board of Trustees of the Internal Improvement Trust Fund
("TIITF"),for the use of Submerged Lands ("Submerged Lands") waterward of 236 SW N. River Drive, Miami, Florida.
Purpose of Item:
Authorizing the City Manager to execute a Submerged Land Lease Agreement ("Lease") with the Board of
Trustees of the Internal Improvement Trust Fund ("T.IITF"), in substantially the attached form, for the use of
approximately 10,671 square feet of state-owned submerged lands ("Submerged Lands") lying adjacent to the
city -owned uplands ("Uplands") located waterward of 236 SW N. River Drive, Miami, Florida, for use by the
city and/or Garcia Brothers Wholesale, Inc. ("Licensee") for Licensee's wholesale/retail commercial lobster
business, for a term of five (5) years, commencing May 5, 2008; and providing for payment of an annual
submerged lands fee of $1,553.21 and a one-time 25% surcharge, if applicable, plus sales tax, as set forth in
Florida Department of Environmental Protection, Administrative Rule 18-21.011(1)(b), as may be amended, and
subject to any restrictions set forth by DEP for the use of said property; providing for the termination of the
existing Temporary Use Agreement ("TUA") simultaneously with the execution of the Lease; with terms and
conditions as more particularly set forth in. the Agreement; further authorizing the City Manager to make non -
substantive amendments as needed and to execute subsequent lease renewals and execute all necessary
documents for said purpose.
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: 04002.221100.544000.0000.00000
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:
Final Approvals
SIGN AND
CIP Budget
If using or receiving capital funds
Grants Risk Management
Purchasing Dept. Director
Chief City Manager
/31613
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Subject: Submerged Land Lease Agreement with the Board of Trustees of the Internal Improvement Trust Fund
("TIITF"),for the use of Submerged Lands ("Submerged Lands") waterward of 236 SW N. River Drive, Miami, Florida.
Background Information:
On September 22, 2005, the City Commission authorized the City Manager by R05-0571 to execute a
Revocable License Agreement (RLA) for the use of the city -owned uplands by Garcia Brother's Wholesale,
Inc., ("Licensee") which operates a wholesale/retail commercial lobster business, subject to the State's
approval of a Temporary Use Agreement and subsequent Submerged Land Lease for the city and/or Licensee's
use of the adjacent state-owned Submerged Lands ("Submerged Lands"). Subsequently, the City Commission
by R-07-0401 authorized the City Manager to execute a Temporary Use Agreement ("TUA") with the State
which anticipated the TUA's replacement by a more longer -term Submerged Land Lease Agreement with the
State. The State has now approved the City and/or its Licensee's much longer term use of the Submerged
Lands subject to the City Commission's approval and the City Administration now seeks to gain the City
Commission's approval to execute this Submerged Land Lease which is necessary for the continuation of the
Licensee's water -dependent commercial business.
Pursuant to the City's RLA with the Licensee, said Licensee must pay any on -going annual fees and
surcharges charged by the State for the use of the Submerged Lands and must additionally comply with the
terms and conditions, and restrictions of the Submerged Land Lease Agreement and DEP regulations. The 25%
surcharge is a one-time fee charged by the state for all new leases.
As is customary for Department of Environmental Protection (DEP), the state agency administering
submerged land leases, the commencement date of their leases is simultaneous with the approval date by the
Board of Trustees for Internal Improvements Trust Fund ("TIITF"). Therefore, the commencement date for the
submerged land lease term is from that approval date which was May 5, 2008. Since this lease documentation
was received by the Department of Public Facilities after the agenda deadline for the City Commission's last
summer meeting, the City Administration is presenting this lease at the first available Commission meeting of
September 11, 2008.
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