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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8486 Date: 01/14/2021 Commission Meeting Date: 02/11/2021 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute Submerged Land Lease - Recreational Vessels & Water Taxi Services Purpose of Item: A resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a five-year (5) sovereignty submerged lands 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 the Miami Convention Center (a.k.a the James L. Knight Center) for the operation of a two -slip public docking facility, in a form 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 400 Southeast 2nd Avenue, 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 operate a two -slip public docking facility over the Submerged Lands but must execute a sovereignty submerged lands lease ("Lease") with the State prior to doing so. The State shall authorize the City to operate the docking facility which shall be used exclusively for mooring of recreational vessels and taxi service upon mutual execution of the Lease by both parties. In exchange for leasing the Submerged Lands, the State is asking for annual lease payments as follows: in the first year, $645.11, plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable...[t]he annual fee for the remaining years of the Lease shall be adjusted pursuant to provisions of Rule 18-21.011, Florida Administrative Code. The State will notify the City in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of the Lease. Budget Impact Analysis Item is an Expenditure Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: General Account No: 04002.221100.544000.0000.00000 Reviewed B Department of Real Estate and Asset Management Review Completed 01/20/2021 11:15 AM Office of Management and Budget Pedro Lacret Office of Management and Budget Leon P Michel City Manager's Office Fernando Casamayor Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Department of Fire -Rescue Daniel Diaz Office of the City Attorney Barnaby L. Min Office of the City Attorney Barnaby L. Min City Commission Nicole Ewan Office of the City Clerk City Clerk's Office Anthony Barcena Department Head Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Completed 01/21/2021 12:43 PM Completed 01/21/2021 4:25 PM Completed 01/27/2021 5:22 PM Completed 01/27/2021 5:30 PM Completed 02/02/2021 7:01 PM Completed 02/02/2021 8:05 PM Completed 02/02/2021 8:11 PM Completed 02/02/2021 8:11 PM Completed 02/11/20219:OOAM Completed 02/16/2021 8:01 PM City of Miami Legislation Resolution Enactment Number: R-21-0062 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8486 Final Action Date:2/11/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SOVEREIGN SUBMERGED LANDS LEASE ("LEASE") AS A CONDITION PRECEDENT TO OPERATING A TWO -SLIP PUBLIC DOCKING FACILITY TO BE USED EXCLUSIVELY FOR THE MOORING OF RECREATIONAL VESSELS AND A WATER TAXI SERVICE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA'S BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE") FOR THE USE OF STATE-OWNED SUBMERGED LANDS LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT THE MIAMI CONVENTION CENTER, LOCATED APPROXIMATELY AT 400 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA FOR A TERM ENDING AUGUST 11, 2025; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FUTURE LEASE RENEWALS, EXTENSIONS, AMENDMENTS, AND MODIFICATIONS, ALL IN FORMS 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 THE LEASE. WHEREAS, the City of Miami ("City") is the owner of the uplands located at or about 400 Southeast 2nd Avenue, Miami, Florida ("Uplands"); and WHEREAS, the State of Florida's 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 operate a two -slip public docking facility over the Submerged Lands and must execute a sovereign submerged lands lease ("Lease") with the State prior to doing so; and WHEREAS, the City must pay an annual lease payment to the State in the amount of $645.11, plus sales tax, as a condition of the Lease; and WHEREAS, the State will provide authorization for the City to operate a two -slip public docking facility to be used exclusively for mooring of recreational vessels and water taxi service over the Submerged Lands and adjacent to the Uplands 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 fully set forth in this Section. Section 2. The City Manager is hereby authorized1 to negotiate and execute the Lease as a condition precedent to operating a two -slip public docking facility to be used exclusively for the mooring of recreational vessels and a water taxi service, in a form acceptable to the City Attorney, between the City and the State for the use of the Submerged Lands located adjacent to the Uplands for a term ending August 11, 2025. Section 3. The City Manager is further authorized' to negotiate and execute future lease renewals, extensions, amendments, and modifications, all in forms 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 the Lease. Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: Barnaby I_. Min, Deputy City Attorney 2/2/2021 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions.