HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01404 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
("STATE"), BRICKELL PLACE PHASE II MARINAASSOCIATION, INC. ("BPM II"),
AND THE CITY OF MIAMI ("CITY"), ALLOWING BPM II TO PROCEED WITH THE
PERMITTING OF ITS MARINA CONSTRUCTION IN AN EFFORT TO ALLOW THE
CITY AND THE STATE TO WORK OUT THEIR GLOBAL SUBMERGED LANDS
ISSUES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MOU, IN
SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EFFECTUATE THE AGREEMENT.
WHEREAS, in an effort to preserve its interests and claims with regard to the submerged lands
described in Deed No. 19447 recorded in Official Records Book 3130 at page 257 of the Public
Records of Miami -Dade County, Florida ("Property"), the City of Miami ("City") initiated the following
action: City of Miami v. Brickell Place Condominium Association, Inc., et al., Miami -Dade County
Circuit Court Case No. 2010-59682 CA 22 ("Litigation"); and
WHEREAS, in 2011 the State of Florida Department of Environmental Protection ("State")
issued Brickell Place Phase II Marina Association, Inc. ("BPM II") a Sovereignty Submerged Lands
Lease ("Lease") in connection with certain portions of the Property; and
WHEREAS, the evolution of the Litigation placed the City in a position to directly sue the State;
and
WHEREAS, the City has been involved in several other negotiations with the State involving
submerged lands and did not want to be placed in a severely adverse position to the State, and
dismissed the above action without prejudice; and
WHEREAS, BPM II presently has a Lease with the State but permits to reconstruct their docks
cannot be pulled without the City's permission; and
WHEREAS, though the City objects to BPM II's present Lease with the State, the
Memorandum of Understanding ("MOU") will allow BPM to acquire permitting while the submerged
lands issues are sorted out; and
WHEREAS, the City, the State and BPM II wish to enter into a MOU in order to allow BPM II to
rebuild its marina structures Tying on the submerged lands, in order to allow the City and the State time
to engage in negotiations in an attempt to resolve their disputes regarding ownership of the Property;
City of Miami Page 1 of 2 File Id: 12-01404 (Version: 1) Printed On: 12/3/2012
File Number. 12-01404
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
referenced and incorporated as if fully set forth in this Section.
Section 2. A MOU between the State, BPM II, and the City, allowing BPM II to proceed with the
permitting of its marina construction in an effort to allow the City and the State to work out their global
submerged lands issues, is hereby accepted.
Section 3. The City Manager is authorized {1} to execute the MOU, in substantially the attached
form, and any other necessary documents, in a form acceptable to the City Attorney, to effectuate the
Agreement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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 File Id: 12-01404 (Version: 1) Printed On: 12/3/2012