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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12245 Date: 07/05/2022 Commission Meeting Date: 07/19/2022 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: All Type: Resolution Subject: Agreement - USSC Maintenance Dredging and Dock Repair Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to negotiate and execute an Access and Indemnity Agreement ("Agreement") between the City of Miami ("City") and the City's tenant, the United States Sailing Center Inc., A Florida Not For Profit corporation ("USSC"), authorizing USSC to improve access to the Sailing Center by replacing the floating docks and performing maintenance dredging of the City -owned submerging lands immediately adjacent to USSC's leasehold at 2476 South Bayshore Drive, Miami, Florida ("Property"), all at no cost to the City; further authorizing the City Manager to negotiate and execute future agreements for maintenance dredging and dock repairs during the term of USSC's lease and to negotiate and execute such other documents, including amendments and modifications to said agreement as may be necessary, all in forms acceptable to the City Attorney. Background of Item: The City is the owner of property located at 2476 South Bayshore Drive, Miami, Florida ("Property"); and the United States Sailing Center Inc. ("USSC") is a Not For Profit corporation, water -dependent organization that has a lease agreement with the City to provide training to competitive sailors, operate a sailing center, and conduct the usual functions incidental to such sailing programs at the Property ("Lease"). The Lease includes only the upland area and provides, in relevant part, that the City reserves all rights to the submerged lands. The USSC is seeking to replace the existing floating docks and perform maintenance dredging of the City -owned submerged lands adjacent to the Property for the purpose of ensuring continued and improved boating vessel access to and from the Property. Coral Reef Yacht Club ("CRYC") is the adjacent upland owner and has an easement from the City to utilize a portion of the submerged lands adjacent to the Property. The USSC has been working collaboratively with the CRYC to plan and perform maintenance dredging in the area, including within the canal located between the USSC's leasehold and CRYC's upland property. USSC shall be required to seek all necessary permits; collaborate with the CRYC where applicable; indemnify, defend, and hold harmless the City; and otherwise comply with all applicable laws to perform the work contemplated, all at no cost to the City; and the City Commission finds it in the best interest of the City to authorize the Access and Indemnity Agreement ("Agreement") in order to grant the USSC the ability to perform maintenance dredging and dock repairs. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Office of the City Attorney Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Jacqueline Lorenzo Pedro Lacret Marie Gouin Larry M. Spring Valentin J Alvarez Arthur Noriega V Pablo Velez Victoria Mendez Nicole Ewan Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Completed 07/05/2022 1:11 PM Budget Analyst Review Completed 07/05/2022 1:45 PM Budget Review Completed 07/05/2022 1:50 PM Assistant City Manager Review Completed 07/05/2022 6:25 PM Legislative Division Review Completed 07/05/2022 6:26 PM City Manager Review Completed 07/05/2022 7:07 PM ACA Review Completed 07/05/2022 9:09 PM Approved Form and Correctness Completed 07/05/2022 9:25 PM Meeting Completed 07/14/2022 9:00 AM Meeting Completed 07/19/2022 9:00 AM Signed by the Mayor Completed 07/21/2022 12:14 PM Signed and Attested by the City Clerk Completed 07/21/2022 12:17 PM Rendered Completed 07/21/2022 12:17 PM City of Miami Legislation Resolution Enactment Number: R-22-0243 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12245 Final Action Date:7/19/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS AND INDEMNITY AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND CITY TENANT THE UNITED STATES SAILING CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("USSC"), FOR THE USSC IMPROVEMENT OF ACCESS AND USE OF THE USSC LEASEHOLD, LOCATED AT 2476 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY"), BY REPAIR/REPLACEMENT OF THE FLOATING DOCKS AND PERFORMANCE OF MAINTENANCE DREDGING OF THE CITY - OWNED SUBMERGED LANDS IMMEDIATELY ADJACENT TO THE PROPERTY, ALL AT NO COST TO THE CITY, PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-602 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL FUTURE AGREEMENTS FOR DOCK REPAIR/REPLACEMENT AND MAINTENANCE DREDGING DURING THE TERM OF SAID USSC LEASE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CHARTER AND CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the property located at 2476 South Bayshore Drive, Miami, Florida ("Property"); and WHEREAS, the City tenant United States Sailing Center, Inc., a Florida non-profit corporation ("USSC"), is a water -dependent organization that has a lease agreement with the City for the provision of training for competitive sailors, operation of a sailing center, and such other usual functions incidental to such sailing programs at the Property ("Lease"); and WHEREAS, the Lease includes only the upland area and provides, in relevant part, that the City reserves all rights to the submerged lands; and WHEREAS, the USSC is seeking to repair/replace the existing floating docks and perform maintenance dredging of the City -owned submerged lands adjacent to the Property for the purpose of ensuring continued and improved boating vessel access and use of the Property; and WHEREAS, pursuant to Section 29-B of the Charter of the City of Miami, Florida, as amended ("City Charter"), notwithstanding anything in the Charter to the contrary, the City may enter into leases or management agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by ordinance on the condition that such leases or management agreements result in a return to the City of at least fair market value; and WHEREAS, pursuant to Section 18-602 of the Code of the City of Miami, Florida, as amended ("City Code"), the City may enter into a lease or management agreement with an upland owner to conduct an activity in a preempted area pursuant to methods established in Article XI and in compliance with Article XII of Chapter 18 of the City Code regarding time limitations for the development of improvements on City -owned property, with no further proprietary authorization required by the City for the particularly City Commission approved upland owner to conduct an activity in a preempted area as long as such activity in a preempted area continues to comply with said Article XII and the approved upland owner remains the same; and WHEREAS, the Coral Reef Yacht Club ("CRYC") is the adjacent upland owner and has an easement from the City to utilize a portion of the submerged lands adjacent to the Property; and WHEREAS, the USSC has been working collaboratively with the CRYC to plan and perform maintenance dredging in the area, including within the canal located between the Property and CRYC's adjacent upland; and WHEREAS, USSC shall be required to seek all necessary permits, collaborate with the CRYC where applicable, indemnify, defend, and hold harmless the City, and otherwise comply with all applicable laws to perform the improvements contemplated, all at no cost to the City; and WHEREAS, the City Commission finds it in the best interest of the City to authorize an Access and Indemnity Agreement ("Agreement") in order to grant the USSC the ability to perform the dock repair/replacement and maintenance dredging; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and the USSC, for the USSC improvement of access and use of the Property by repair/replacement of the floating docks and performance of maintenance dredging of the City -owned submerged lands immediately adjacent to the Property, all at no cost to the City. Section 3. The City Manager is further authorized1 to negotiate and execute any and all future agreements for dock repair/replacement and maintenance dredging during the term of said USSC Lease, in forms acceptable to the City Attorney. Section 4. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, extensions, and modifications subject to all 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. allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Charter and City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 7/572022 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.