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Home My WebLink AboutAgenda Item Summary FormJr AGENDA ITEM SUMMARY FORM F€ File ID: #2453 Date: 06/07/2017 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 07/13/2017 District Impacted: District 2 Type: Resolution Subject: Authorize Sovereignty Submerged Lands Lease Modification Purpose of Item: A Resolution of the City of Miami Commission, with attachment(s), authorizing the City Manager to execute a lease modification to re -configure and reduce square footage and number of wet slips ("State Lease Modification"), in substantially the attached form, between the 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 the City -owned upland property at 2550 South Bayshore Drive, Miami, Florida ("Uplands") commencing March 28, 2017 through July 1, 2024, with an annual payment of two thousand six hundred two dollars and twelve cents ($2,602.12) subject to annual increases pursuant to the Florida Administrative Code. Background of Item: The City of Miami ("City") is the owner of the Uplands located at 2550 South Bayshore Drive, Miami, Florida. The State of Florida, Board of Trustees of the Internal Improvement Trust Fund ("State") owns and leases certain submerged lands ("Submerged Lands") to the City and the City has previously renewed said submerged lands lease ("State Submerged Lands Lease") with the State commencing July 1, 2014 and ending July 1, 2024. The Uplands are currently leased ("City Lease") and the Submerged Lands are currently subleased ("City Sublease") from the City to Aligned Bayshore Marina, LLC, which City Lease, as previously amended, expires on May 31, 2035 for the Uplands and which City Sublease expires July 1, 2024 for the Submerged Lands. The State Submerged Lands Lease and the City Sublease provide for a sublease area of 21,344 square feet and a 34 -slip commercial dockage facility. Aligned Bayshore Marina, LLC, has proposed to the State to improve, modify, reconfigure, construct and operate the commercial dockage facility and the State has agreed to such improvements, modifications, reconfigurations, construction and operation which would result in correcting an approximately 10 square foot discrepancy in the square footage of the Submerged Lands to 21,334 square feet and in a reduction by 3 slips to a 31 -slip commercial docking marina facility, and an increase in the existing lineal footage of billable dockage by over 538 lineal feet. The City and the State desire to enter into a Lease Modification ("State Lease Modification") which will expire July 1, 2024 and which provides for additional financial and compliance measures related to the improvement, modification, reconfiguration, construction, and operation of the commercial dockage facility by Aligned Bayshore Marina, LLC. The City and Aligned Bayshore Marina, LLC as sublessee, desire to enter into the related modifications and amendments to the City Submerged Lands Lease and a related City Submerged Lands Sublease to provide for the additional financial and compliance measures to be undertaken by Aligned Bayshore Marina LLC in connection with the proposed State Lease Modification. Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Homeland Defense/Neighborhood Improvement Bonds Total Fiscal Impact: $2,602.12 per year for year 1 General Account No: 04002.221100.544000.0000.00000 Reviewed By Real Estate and Asset Management Mark Burns Office of Management and Budget Everton Garvis Office of Management and Budget Christopher M Rose City Manager's Office Alberto N. Parjus City Manager's Office Daniel J. Alfonso Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 06/07/2017 4:24 PM Budget Analyst Review Completed 06/09/2017 10:58 AM Budget Review Completed 06/12/2017 10:18 AM Assistant City Manager Review Completed 06/12/2017 3:32 PM City Manager Review Completed 06/12/2017 3:52 PM Legislative Division Review Completed 06/30/2017 9:14 AM Deputy City Attorney Review Completed 06/30/2017 9:53 AM Approved Form and Correctness Completed 06/30/2017 5:07 PM Meeting Completed 07/13/2017 9:00 AM Signed by the Mayor Completed 07/14/2017 11:17 AM Signed and Attested by the City Clerk Completed 07/14/2017 11:26 AM 4�CS O/: I! City of Miami ` City Hall * 9fi 11 IM&0Q:AT10 '® Legislation 3500 Pan American Drive Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-17-0323 File Number: 2453 Final Action Date:7/13/2017 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) A SOVEREIGNTY SUBMERGED LANDS LEASE MODIFICATION TO RE -CONFIGURE AND REDUCE SQUARE FOOTAGE AND NUMBER OF WET SLIPS PURSUANT TO BOT FILE NO.130034016 PA NO. 13 -0315232 -006 -EM ("STATE LEASE MODIFICATION") BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE"), AND (B) THE RELATED SUBMERGED LANDS SUBLEASE WITH ALIGNED BAYSHORE MARINA LLC., AS SUBLESEE, FOR THE USE OF STATE-OWNED SUBMERGED LANDS ("SUBMERGED LANDS") LOCATED ADJACENT TO CITY -OWNED UPLAND PROPERTY AT 2550 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("UPLANDS") COMMENCING MARCH 28, 2017 THROUGH JULY 1, 2024, WITH AN ANNUAL PAYMENT OF TWO THOUSAND SIX HUNDRED TWO DOLLARS AND TWELVE CENTS ($2,602.12) SUBJECT TO ANNUAL INCREASES PURSUANT TO THE FLORIDA ADMINISTRATIVE CODE, AND ANY AND ALL STATE LEASE MODIFICATION PROCESSING AND RENEWAL FEE(S), IF ANY, AND AT NO COSTS TO THE CITY, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE STATE LEASE MODIFICATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FUTURE SUBMERGED LANDS LEASE AND RELATED SUBMERGED LANDS SUBLEASE RENEWALS, AMENDMENTS, AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDED THAT SUCH SUBMERGED LANDS LEASE AND RELATED SUBMERGED LANDS SUBLEASE RENEWALS, AMENDMENTS AND MODIFICATIONS DO NOT CONTAIN MATERIAL AMENDMENTS OR MODIFICATIONS TO THE TERMS AND CONDITIONS OF SAID STATE LEASE MODIFICATION. WHEREAS, the City of Miami ("City") is the owner of the uplands located at 2550 South Bayshore Drive, Miami, Florida ("Uplands"); and WHEREAS, the State of Florida, Board of Trustees of the Internal Improvement Trust Fund ("State") owns and leases certain submerged lands ("Submerged Lands") to the City and the City has previously renewed said submerged lands lease ("State Submerged Lands Lease") with the State commencing July 1, 2014 and ending July 1, 2024; and WHEREAS, the Uplands are currently leased ("City Lease") and the Submerged Lands are currently subleased ("City Sublease") from the City to Aligned Bayshore Marina LLC., which City Lease, as previously amended, expires on May 31, 2035 for the Uplands, and which City Sublease expires July 1, 2024 for the Submerged Lands; and WHEREAS, the State Submerged Lands Lease and the City Sublease provide for a sublease area of 21,344 square feet and a 34 -slip commercial dockage facility; and WHEREAS, Aligned Bayshore Marina LLC., has proposed to the State and to the City to improve, modify, reconfigure, construct, and operate the commercial dockage facility and the State has agreed to such improvements, modifications, reconfigurations, construction, and operation which would result in correcting an approximately ten (10) square foot discrepancy in the square footage of the Submerged Lands to 21,334 square feet and in a reduction by three (3) slips to a 31 -slip commercial docking marina facility, and an increase in the existing lineal footage of billable dockage by over 538 linear feet; and WHEREAS, the City and the State desire to enter into a lease modification ("State Lease Modification") which will expire July 1, 2024 and which provides for additional financial and compliance measures related to the improvement, modification, reconfiguration, construction, and operation of the commercial dockage facility by Aligned Bayshore Marina LLC., as the City's sublessee; and WHEREAS, the City and Aligned Bayshore Marina LLC., as sublessee, desire to enter into the related modifications and amendments to the City Submerged Lands Lease and a related City Submerged Lands Sublease to provide for the additional financial and compliance measures to be undertaken by Aligned Bayshore Marina LLC., in connection with the proposed State Lease Modification at no costs to the City; 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 authorized' to negotiate and execute, in a form acceptable to the City Attorney, (a) a Sovereignty Submerged Lands Lease Modification to Re -Configure and Reduce Square Footage and Number of Wet Slips pursuant to BOT FILE NO.130034016 PA NO. 13 -0315232 -006 -EM ("State Lease Modification") between the City and the State, and (b) a related Submerged Lands Sublease with Aligned Bayshore Marina LLC., as sublessee, for the use of State-owned Submerged Lands located adjacent to the City -owned Uplands commencing March 28, 2017 through July 1, 2024, with an annual payment of two thousand six hundred two dollars and twelve cents ($2,602.12) subject to annual increases pursuant to the Florida Administrative Code, and any and all State lease modification processing and renewal fee(s), if any, and at no costs to the City, with terms and conditions more particularly set forth in the State Lease Modification. Section 3. The City Manager is further authorized' to negotiate and execute future submerged lands lease and related submerged lands sublease renewals, amendments, and modifications, in a form acceptable to the City Attorney, provided that the submerged lands lease and submerged lands sublease renewals, amendments, or modifications do not contain material amendments or modifications to the terms and conditions of said State Lease Modification. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 ' 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 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. APPROVED AS TO FORM AND CORRECTNESS: EJ1 t6 ria ' ndez,ity +r—e'y— 613012017