HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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
City of Miami Page 1 of 3 File ID: 3750 (Revision: A) Printed On: 2/7/2025
File ID: 3750 Enactment Number:
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.
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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 authorized' 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:
ndez, City Attor ey 3/2972018
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.
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