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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #3750 Date: 03/09/2018 Commission Meeting Date: 04/12/2018 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: All Type: Resolution Subject: Authorize Revocable License Agreement - Lummus Landing Purpose of Item: A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AND KAR MIAMI MRP, LLC (THE "LICENSEE"), A FLORIDA LIMITED LIABILITY COMPANY Background of Item: The City has a Submerged Land Lease Agreement ("Lease") with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("State") of approximately 15,201 SF located at 250 NW N River Drive, Miami, FL. The Lease authorized the City to construct and operate a fifteen (15) slip public docking facility to be used for the temporary mooring of recreational vessels. The purpose of this agreement is to authorize the Licensee's usage of ten (10) vessel slips, seven (7) days a week, from the hours of 11:OOAM to 6:OOAM, for the mooring of vessels on a transient basis ("Permitted Use") for a monthly fee in the amount of two thousand five hundred dollars and 00/100 ($2,500.00), plus State Use Tax. Budget Impact Analysis Item is Related to Revenue Total Fiscal Impact: 30,000 per year Reviewed B Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Everton Garvis Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Approved Form and Correctness Legislative Division Review Deputy Attorney Review Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 03/09/2018 3:16 PM 03/15/2018 9:27 AM 03/16/2018 3:51 AM 03/19/2018 4:20 PM 03/20/2018 5:46 AM 03/27/2018 12:05 PM 03/28/2018 5:17 PM 03/29/2018 10:48 AM 04/09/2018 11:15 AM 04/09/2018 11:30 AM Office of the City Attorney Maricarmen Lopez Approved Form and Correctness Skipped 04/12/2018 8:13 AM City Commission Nicole Ewan Meeting Completed 04/12/2018 9:00 AM City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3750 Final Action Date:4/12/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A RENEWAL AND MODIFICATION WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") ON BEHALF OF THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("TRUSTEES") A SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO DECREASE SQUARE FOOTAGE AND SLIPS BOT FILE NO. 130023806, PA NO. 13- 0186357-005 ("STATE LEASE"); FURTHER AUTHORIZING THE CITY MANAGER, SUBJECT TO THE TERMS, CONDITIONS, AND CONSENT UNDER THE STATE LEASE BY FDEP AND COMPLIANCE WITH FLORIDA INLAND NAVIGATION DISTRICT GRANTS ("FIND GRANTS"), TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI, FLORIDA ("CITY"), AND KAR MIAMI MRP, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("LICENSEE"), FOR A MONTHLY USE FEE OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), PLUS STATE USE FEES, TAXES, AND ANY OTHER EXPENSES OF THE STATE LEASE IN CONNECTION WITH THE LICENSE, IF APPLICABLE, FOR THE MONTH -TO -MONTH USE OF APPROXIMATELY TEN (10) SLIPS OF THE TEMPORARY PUBLIC DOCKING FACILITY ("TEMPORARY PUBLIC DOCKING FACILITY") AT THE STATE SUBMERGED LANDS ("STATE PROPERTY") LOCATED ADJACENT TO THE CITY'S UPLAND LUMMUS LANDING PROPERTY LOCATED AT 250 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA ("CITY PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER AND HIS DESIGNEES TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ANY AND ALL OTHER FUTURE RENEWALS, AMENDMENTS, EXTENSIONS, AND MODIFICATIONS OF THE STATE LEASE AND ANY OTHER DOCUMENTS IN RELATION HERETO AND IN ORDER TO COMPLY WITH FDEP REQUIREMENTS AND WITH THE FIND GRANTS IN CONNECTION WITH THE PROPOSED MONTH - TO -MONTH USE BY LICENSEE AT THE TEMPORARY PUBLIC DOCKING FACILITY. WHEREAS, the City of Miami ("City") has previously entered into Sovereignty Submerged Lands Fee Waived Lease Renewal and Modification to Decrease the Square Footage and Slips BOT File No.130023806, PA File No. 13-0186357-005 ("State Lease") with the Board of Trustees of the Internal Improvement Trust Fund ("Trustees") of the State of Florida ("State") of approximately 15,201 square feet of the State's submerged lands ("State Property") adjacent to the City's upland Lummus Landing property located at 250 Northwest North River Drive, Miami, Florida ("City Property"); and WHEREAS, the State Lease authorizes the City to construct and operate a fifteen (15) slip temporary public docking facility ("Temporary Public Docking Facility") to be used for the temporary mooring of recreational vessels with one (1) slip allotted for law enforcement vessels and another slip exclusively for water taxis on the State Property in conjunction with the upland City Property public park, without fueling facilities, with a sewage pump -out facility, if approved to required regulatory standards, and without liveaboards; and WHEREAS, the State Lease further authorizes and requires the City to complete construction of the temporary public docking facilities within a five (5) year period, which has occurred with funding assistance to the City through certain reimbursement grants from the Florida Inland Navigation District ("FIND") and with City matching funds (collectively, "FIND Grants"); and WHEREAS, the City and the Florida Department of Environmental Protection ("FDEP") on behalf of the Trustees are currently in the process of reviewing and negotiating a renewal and modification of the State Lease for the State Property to allow commercial use through a revocable license agreement of a portion of the temporary public docking facilities with approval, fees, conditions, and consent by the State and subject to compliance with the FIND Grants; and WHEREAS, subject to such approval, fees, conditions, and consent by the State regarding the State Property and compliance with the FIND Grants, the purpose of the proposed Revocable License Agreement ("License") is to authorize KAR Miami MRP, LLC, a Florida limited liability company ("Licensee"), to use approximately ten (10) of the fifteen (15) slips, seven (7) days a week, from the hours of 6:00 P.M. to 6:00 A.M., for the mooring of recreational vessels on a transient basis ("Permitted Use"); and WHEREAS, on an annual basis, the City will conduct an audit to ensure the Property is being used for its intended purpose in compliance with the State Lease and the FIND Grants, and if the audit reveals an inconsistent use, the City reserves the right to administratively reduce the number of slips in use and calculate the corresponding Use Fee "per slip," as well as revoke the License; and WHEREAS, the Licensee, in consideration for this proposed License, agrees to pay to the City for the use of the slips a monthly fee in the amount of two thousand five hundred dollars ($2,500.00) plus State Use Fees, Taxes, and any other expense under the State Lease in connection with the License, if applicable, which shall be paid in advance and in full on the first day of each month without notice or demand ("Monthly Use Fee"); and WHEREAS, once the required written approval from the State has been received for the proposed commercial use of the temporary public docking facilities on the State Property, the Occupancy and Use Period shall commence on the Effective Date and shall continue on a month -to -month basis until cancellation or termination as more specifically provided in the License; 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 to negotiate and execute, in a form acceptable to the City Attorney, a renewal and modification with FDEP on behalf of the Trustees of the State Lease. Section 3. Subject to the terms, conditions, fees, and consent under the State Lease by FDEP and compliance with the FIND Grants, the City Manager is further authorized to negotiate and execute, in a form acceptable to the City Attorney, a License between the City and the Licensee for a Monthly Use Fee of two thousand five hundred dollars ($2,500.00) plus State use fees, taxes, and any other expenses under the State Lease in connection with the License, if applicable, for the month -to -month use of approximately ten (10) slips of the Temporary Public Docking Facility at the State Property located adjacent to the City Property. Section 4. The City Manager is further authorized1 to negotiate and execute, in a form acceptable to the City Attorney, any and all other future renewals, amendments, extensions, and modifications of the State Lease and any other documents in relation hereto and in order to comply with FDEP requirements and the FIND Grants in connection with the proposed month - to -month use by Licensee of the Temporary Public Docking Facility. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. 2 APPROVED AS TO FORM AND CORRECTNESS: 4ndez, ity (tor 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 City Code provisions. 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.