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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00721 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE AND MODIFICATION
TO DECREASE THE SQUARE FOOTAGE AND SLIPS ("MODIFIED LEASE"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI
("CITY") AND THE STATE OF FLORIDA BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND ("STATE"), FOR THE CONTINUED AND
RENEWED USE OF STATE-OWNED SUBMERGED LANDS ("SUBMERGED
LANDS") LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT 250
NW NORTH RIVER DRIVE ACROSS FROM LUMMUS PARK, MIAMI, FLORIDA
("UPLANDS") FORATERM ENDING JANUARY 1, 2017; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE FUTURE MODIFIED LEASE
RENEWALS, EXTENSIONS, AMENDMENTS AND MODIFICATIONS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, PROVIDED THAT ANY SUCH FUTURE
MODIFIED LEASE RENEWALS, EXTENSIONS, AMENDMENTS AND
MODIFICATIONS DO NOT CONTAIN MATERIAL AMENDMENTS OR
MODIFICATIONS TO THE TERMS AND CONDITIONS OF SAID MODIFIED LEASE,
WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE
MODIFIED LEASE.
WHEREAS, the City of Miami ("City") is the owner of the uplands ("Uplands") located at 250
NW North River Drive across from the City's Lummus Park in Miami, Florida; and
WHEREAS, the State of Florida Board of Trustees of the Internal Improvement Trust Fund
("State") leases the submerged lands located within the Miami River ("Submerged Lands") to the City
on a fee waived basis; and
WHEREAS, the City wishes to continue to use the Submerged Lands and to renew said lease,
and the State has set forth modifications for such continued use and renewal; and
WHEREAS, the Submerged Lands are currently used by the City for a 15-slip temporary
docking facility used exclusively for temporary day mooring of recreational vessels, with one slip
allotted for a law enforcement vessel and another exclusively for water taxis to drop off and pick up
passengers, with both overnight mooring and permanent mooring prohibited; and
WHEREAS, the State continues to require that the City's docks located at the Uplands and the
Submerged Lands shall be used solely for public recreational, non-commercial activities consistent
with the historic, grandfathered operation as a temporary public docking facility used in conjunction
with the public Uplands at Lummus Park; and
WHEREAS, the City and State are also working together to allow the use of the temporary
public docking facility by other governmental vessels, such as law enforcement and environmental
engineering vessels; and
City of Miami
Page I of 3 File Id: 15-00721 (Version: 1) Printed On: 6/11/2015
File Number: 15-00721
WHEREAS, the City and the State desire to negotiate and enter into a Sovereignty Submerged
Lands Fee Waived Lease Renewal and Modification to Decrease the Square Footage and Slips
("Modified Lease"), in a form acceptable to the City Attorney, and which will expire January 1, 2017;
and
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 fully set forth in this Section.
Section 2. The City Manager is authorized{1} to negotiate and execute a Sovereignty Submerged
Lands Fee Waived Lease and Modification to Decrease the Square Footage and Slips ("Modified
Lease"), in a form acceptable to the City Attorney, between the City and the State of Florida Board of
Trustees of the Internal Improvement Trust Fund ("State"), for the continued use of State-owned
submerged lands ("Submerged Lands") located adjacent to the City -owned upland property at 250
NW North River Drive, across from Lummus Park in Miami, Florida ("Uplands") for a term ending
January 1, 2017.
Section 3. The City Manager is further authorized{1} to negotiate and execute future Modified
Lease renewals, extensions, amendments and modifications, in a form acceptable to the City Attorney,
provided that any such future Modified Lease renewals, extensions, amendments or modifications do
not contain material amendments or modifications to the terms and conditions of said Modified Lease,
with terms and conditions more particularly set forth in the Modified Lease.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
City of Miami Page 2 of 3 File Id: 15-00721 (Version: 1) Printed On: 6/11/2015
File Number: 15-00721
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 (10) 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 3 of 3 File Id: 15-00721 (Version: 1) Printed On: 6/11/2015