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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #6473 Date: 08/30/2019 Commission Meeting Date: 09/12/2019 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: Type: Resolution Subject: Execute Sovereignty - Submerged Lands Lease Purpose of Item: A resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a ten-year (10) sovereignty submerged lands fee waived lease, between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("State") and the City of Miami ("City"), for State-owned submerged lands located adjacent to Watson Island for the future development of a Florida Inland Navigation District -funded mooring field, in a firm acceptable to the City Attorney, inclusive of those certain terms and conditions more particularly described therein. Background of Item: The City of Miami ("City") is the owner of the uplands ("Uplands") located at or about 1099 MacArthur Causeway on Watson Island in Miami, Florida. The State of Florida Board of Trustees of the Internal Improvement Trust Fund ("State") owns the submerged lands located adjacent to the Uplands ("Submerged Lands"). The City wishes to develop a mooring field over the Submerged Lands but must execute a sovereignty submerged lands fee waived lease ("Lease") with the State prior to doing so. The State shall authorize the City to operate a 100-slip managed municipal mooring field to be used exclusively for mooring of recreational vessels adjacent to Watson Island upon mutual execution of the Lease by both parties. Budget Impact Analysis Item is NOT funded by Bonds Item is Related to Revenue Total Fiscal Impact: N/A Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Department of Fire -Rescue Reviewed B Pedro Lacret Christopher M Rose Fernando Casamayor Valentin J Alvarez Ignacio Ortiz -Petit Valentin J Alvarez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Completed 08/30/2019 9:30 AM Completed 08/30/2019 1:27 PM Completed 08/30/2019 2:01 PM Completed 08/30/2019 3:33 PM Completed 08/30/2019 3:43 PM Completed 08/30/2019 3:53 PM Skipped 08/30/2019 3:43 PM Office of the City Attorney Valentin J Alvarez Deputy City Attorney Review Skipped 08/30/2019 3:55 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 08/30/2019 4:01 PM City Commission Maricarmen Lopez Meeting Completed 09/12/2019 9:00 AM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 09/20/2019 4:07 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 09/20/2019 4:19 PM Office of the City Clerk City Clerk's Office Rendered Completed 09/20/2019 4:19 PM City of Miami Legislation Resolution Enactment Number: R-19-0334 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6473 Final Action Date:9/12/2019 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 ("LEASE") AS A CONDITION PRECEDENT TO DEVELOPING THE WATSON ISLAND MOORING FIELD, 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 USE OF STATE- OWNED SUBMERGED LANDS ("SUBMERGED LANDS") LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT OR ABOUT 1099 MACARTHUR CAUSEWAY ON WATSON ISLAND, MIAMI, FLORIDA ("UPLANDS") FOR A TERM ENDING JUNE 1, 2029; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FUTURE LEASE RENEWALS, EXTENSIONS, AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDED THAT ANY SUCH FUTURE LEASE RENEWALS, EXTENSIONS, AMENDMENTS AND MODIFICATIONS DO NOT CONTAIN MATERIAL AMENDMENTS OR MODIFICATIONS TO THE TERMS AND CONDITIONS OF SAID LEASE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LEASE. WHEREAS, the City of Miami ("City") is the owner of the uplands located at or about 1099 MacArthur Causeway on Watson Island in Miami, Florida ("Uplands"); and WHEREAS, the State of Florida Board of Trustees of the Internal Improvement Trust Fund ("State") owns the submerged lands located adjacent to the Uplands ("Submerged Lands"); and WHEREAS, the City wishes to develop a mooring field over the Submerged Lands but must execute a sovereignty submerged lands fee waived lease ("Lease") with the State prior to doing so; and WHEREAS, the State shall authorize the City to operate a 100-slip managed municipal mooring field to be used exclusively for mooring of recreational vessels adjacent to Watson Island upon mutual execution of the Lease by both parties; 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 hereby authorized1 to negotiate and execute a Lease, as a condition precedent to developing the Watson Island Mooring Field, in a form acceptable to the City Attorney, between the City and the State, for the use of Submerged Lands located adjacent to City -owned uplands for a term ending June 1, 2029. Section 3. The City Manager is further authorized' to negotiate and execute future lease renewals, extensions, amendments, and modifications, in a form acceptable to the City Attorney, provided that any such future lease renewals, extensions, amendments, and modifications do not contain material amendments or modifications to the terms and conditions of said lease, with terms and conditions more particularly set forth in the lease. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 8/30/2019 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