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Home My WebLink AboutR-21-0322City of Miami Resolution R-21-0322 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9368 Final Action Date: 7/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, PURSUANT TO DISCLAIMER NO. 42113(6815-13), ATTACHED AND INCORPORATED AS EXHIBIT "A" ("DISCLAIMER"), FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA ("BOT") THROUGH THE STATE OF FLORIDA'S ("STATE") DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO THE CITY OF MIAMI ("CITY"), THE CONVEYANCE OF THREE (3) PARCELS CONTAINING A TOTAL COMBINED SIZE OF APPROXIMATELY TWENTY ONE THOUSAND NINE HUNDRED THREE (21,903) SQUARE FEET LEGALLY DESCRIBED IN THE DISCLAIMER PURSUANT TO THE BUTLER ACT (CHAPTER 8537, ACTS OF 1921) AND SECTION 253.129, FLORIDA STATUTES (COLLECTIVELY, "BUTLER ACT PARCELS") LOCATED ADJACENT TO THE CITY -OWNED PROPERTY KNOWN AS JOSE MARTI PARK IN FURTHERANCE OF THE CITY'S JOSE MARTI PARK ADAPTIVE REDESIGN PROJECT ("PROJECT"); FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE AND BRING BEFORE THE CITY COMMISSION A LAND EXCHANGE AGREEMENT PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY ("LAND EXCHANGE AGREEMENT"), BETWEEN THE CITY AND BOT FOR THE CITY TO CONVEY BACK TO BOT ONE (1) OF THE BUTLER ACT PARCELS IDENTIFIED IN THE DISCLAIMER AS PARCEL PART III CONTAINING APPROXIMATELY EIGHT HUNDRED SIXTY-NINE (869) SQUARE FEET IN EXCHANGE FOR THE CONVEYANCE FROM BOT TO THE CITY OF THREE (3) ADDITIONAL PARCELS CONTAINING A TOTAL COMBINED SIZE OF APPROXIMATELY THREE HUNDRED FORTY THREE (343) SQUARE FEET, ALL AS LEGALLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, WITH THE VALUATION DETERMINED BY THE STATE -REQUIRED APPRAISAL PROVIDED IN EXHIBIT "C", ATTACHED AND INCORPORATED, AS MAY BE UPDATED, WITH TERMS AND CONDITIONS TO BE MORE PARTICULARLY DESCRIBED IN THE LAND EXCHANGE AGREEMENT; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE AND BRING BEFORE THE CITY COMMISSION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE BETWEEN THE CITY AND FDEP, ON BEHALF OF BOT, FOR A PUBLIC WATERFRONT ACCESS FACILITY LOCATED UPON THE STATE-OWNED SUBMERGED LANDS ADJACENT TO THE PROJECT AS LEGALLY DESCRIBED IN EXHIBIT "D", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER AND ALL NECESSARY CITY DEPARTMENTS TO UNDERTAKE AND OBTAIN ALL FEDERAL, STATE, REGIONAL, LOCAL, MIAMI-DADE COUNTY ("COUNTY"), AND OTHER GOVERNMENTAL PERMITTING AND APPROVALS NECESSARY FOR THE PROJECT; RATIFYING, APPROVING, AND CONFIRMING ALL UNDERTAKINGS OF THE CITY MANAGER, OTHER CITY OFFICIALS AND DEPARTMENTS, AND THE CITY'S CONSULTANTS FOR ALL NECESSARY ACTIONS WITH FEDERAL, STATE, REGIONAL, COUNTY, LOCAL, AND OTHER GOVERNMENTAL ENTITIES FOR THE PROJECT. City of Miami Page 1 of 4 File ID: 9368 (Revision:) Printed On: 5/29/2025 File ID: 9368 Enactment Number: R-21-0322 WHEREAS, the City of Miami ("City") owns the riverfront property known as Jose Marti Park ("Park"); WHEREAS, the Park is currently highly susceptible to both tidal riverine and precipitation flooding, which poses a public health and safety hazard, has a negative impact on the community's use and enjoyment of the Park, and is a flooding risk to the adjacent neighborhood; and WHEREAS, the Park shoreline is currently stabilized by existing concrete seawalls on the southern and middle segments of shoreline and decorative sloping cement block on the northern extent; and WHEREAS, the City's District 3 Office, Department of Parks and Recreation, Office of Capital Improvement ("OCI"), Department of Resilience and Public Works, Department of Real Estate and Asset Management, and consultant Curtis & Rogers Design Studio, Inc. ("Curtis & Rogers") conducted significant community outreach, including community meetings on February 19, 2020 and September 30, 2020, to obtain public participation and input concerning necessary improvements to the Park; and WHEREAS, in follow up to the community outreach, OCI is currently undergoing a proposed project with the goal of adapting the riverfront of the Park to be more resilient to flooding and future sea level rise while also improving access and public safety to the Park's riverfront known as the "Jose Marti Park Adaptive Redesign Project" ("Project"); and WHEREAS, Curtis & Rogers, the City's coastal and marine engineering consultants, Cummins Cederberg, Inc. ("Cummins"), and the City's Administration presented the overall working designs to the Miami Forever Bond Committee on October 13, 2020; and WHEREAS, on July 6, 2020 and July 12, 2021, Curtis & Rogers, Cummins, and the City's Administration presented the Project to the Climate Resilience Committee; and WHEREAS, the Project has been added to the City's Multi -Year Capital Plan as Project Nos. 40-B-193500 and 40-B-193803, with funding from Florida Inland Navigation District Grants, Miami Forever Bonds, and Parks Impact Fees; and WHEREAS, OCI, Curtis & Rogers, and Cummins have undertaken numerous Federal, State of Florida ("State"), regional, Miami -Dade County ("County"), local, and other governmental reviews, notices, and permitting processes for the Project; and WHEREAS, in connection with the Project, the City requested from the Florida Department of Environmental Protection, Division of State Lands ("FDEP") a disclaimer of three (3) parcels of formerly sovereignty submerged lands pursuant to the Butler Act (Chapter 8537, Acts of 1921) and Section 253.129, Florida statutes; and WHEREAS, on February 1, 2021, the Board of Trustees of the Internal Improvement Trust Fund of the State ("BOT") approved the request and executed Disclaimer No. 42113 (6815-13), attached and incorporated as Exhibit "A" ("Disclaimer"), conveying to the City the three (3) parcels of formerly sovereignty submerged lands containing approximately twenty one thousand nine hundred three (21,903) square feet (identified in such Disclaimer as "Part I," "Part II," and "Part III," or collectively, "Butler Act Parcels"); and City of Miami Page 2 of 4 File ID: 9368 (Revision:) Printed on: 5/29/2025 File ID: 9368 Enactment Number: R-21-0322 WHEREAS, the City also requested that BOT enter into a Land Exchange Agreement with the City whereby BOT will convey to the City three (3) additional parcels containing a total combined size of approximately three hundred forty-three (343) square feet, as identified in Exhibit "B", attached and incorporated, in exchange for the conveyance from the City to BOT of parcel Part III of the Butler Act Parcels containing approximately eight hundred sixty-nine (869) square feet ("Land Exchange Agreement"); and WHEREAS, the valuations for the respective State and City parcels being exchanged pursuant to the Land Exchange Agreement have been determined by the State -required appraisals provided in Exhibit "C", attached and incorporated, in accordance with Section 253.025, Florida Statutes, and Section 253.42, Florida Statutes; and WHEREAS, Section 29-B(c) of the Charter of the City of Miami, Florida, as amended, allows for the City to convey property to implement projects of any governmental agency or ("City Charter") instrumentality; and WHEREAS, the various parcels of upland and submerged land to be acquired pursuant to the Disclaimer and the Land Exchange Agreement are greater in size than the parcels to be conveyed to the State and such acquired land shall be used in support of the Park; and WHEREAS, the City's acceptance and acquisition of the Butler Act Parcels and the additional parcels to be acquired pursuant to the Land Exchange Agreement are essential for the Jose Marti Park Adaptive Redesign Project; and WHEREAS, BOT owns approximately one thousand six hundred forty-five (1,645) square feet of submerged lands adjacent to the Park and legally described in Exhibit "D", attached and incorporated ("Submerged Lands"); and WHEREAS, the City and FDEP, on behalf of BOT, are currently in the process of reviewing and negotiating a Sovereignty Submerged Lands Fee Waived Lease ("Submerged Lands Lease") between the City and BOT for a public waterfront access facility located upon the Submerged Lands for an anticipated term of ten (10) years; and WHEREAS, the City's Administration, Curtis & Rogers, and Cummins have been coordinating with multiple governmental entities with jurisdiction and oversight of the various components of the Project, including but not limited to, FDEP, South Florida Water Management District, United States Army Corp of Engineers, Miami -Dade County, Florida Department of Transportation, Florida Inland Navigation District, and other governmental entities; and WHEREAS, the City Commission wishes to approve, ratify, and confirm the undertakings of the City's Administration, Curtis & Rogers, and Cummins for all necessary actions with Federal, State, regional, County, local, and other governmental entities for the Project; and WHEREAS, the City Commission finds it in the best interest of the City to authorize the acceptance of the Butler Act Parcels and to direct the City Manager to negotiate and bring back for City Commission approval the Land Exchange Agreement, the Submerged Lands Lease, and any other necessary documents, all in forms acceptable to the City Attorney, in order to effectuate said Land Exchange Agreement and Submerged Lands Lease; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF City of Miami Page 3 of 4 File ID: 9368 (Revision:) Printed on: 5/29/2025 File ID: 9368 MIAMI, FLORIDA: Enactment Number: R-21-0322 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' to accept the Disclaimer, attached and incorporated as Exhibit "A", from BOT to the City for the Butler Act Parcels. Section 3. The City Manager is directed to negotiate and bring before the City Commission for approval a Land Exchange Agreement, in a form acceptable to the City Attorney, pursuant to Section 29-B(c) of the City Charter between the City and BOT to convey back to BOT parcel Part III of the Butler Act Parcels in exchange for three (3) additional parcels to the City containing a total combined size of approximately three hundred forty three (343) square feet as legally described in Exhibit B, attached and incorporated, with the valuation determined by the State -required appraisal provided in Exhibit "C", attached and incorporated, with terms and conditions to be more particularly described in the Land Exchange Agreement. Section 4. The City Manager is directed to negotiate and bring before the City Commission for approval a Submerged Lands Lease, in a form acceptable to the City Attorney, between the City and FDEP, on behalf of BOT, for the use of the Submerged Lands legally described in Exhibit "D", attached and incorporated, for a public waterfront access facility. Section 5. The City Manager is authorized' to undertake and obtain all Federal, State, regional, local, County, and other governmental permitting and approvals necessary for the Project. Section 6. The City Commission ratifies, approves, and confirms the undertakings of the City Manager, other City officials, City departments, and the City's consultants, Curtis & Rogers and Cummins, for all necessary actions with Federal, State, regional, County, local, and other governmental entities for the Project. Section 7. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 7/13/2021 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. City of Miami Page 4 of 4 File ID: 9368 (Revision:) Printed on: 5/29/2025