HomeMy WebLinkAboutR-17-0323opCity of Miami
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Legislation
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Resolution R-17-0323
File Number: 2453
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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
City of Miami Page 1 of 3 File ID: 2453 (Revision:) Printed On: 11/3/2017
File ID: 2453 Enactment Number: R-17-0323
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.
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.
City of Miami Page 2 of 3 File ID: 2453 (Revision:) Printed on: 11/3/2017
File ID: 2453
Enactment Number: R-17-0323
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor iey 6/30/2017
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.
City of Miami Page 3 of 3 File ID: 2453 (Revision:) Printed on: 11/3/2017