2007-26582 ResoRESOLUTION NO. 2007-26582
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NUMBER 1 TO MANAGEMENT
AGREEMENT NUMBER 3595, FOR THE MANAGEMENT OF
BEACH PROPERTY FOR RECREATIONAL AND OTHER
RELATED ACTIVITIES, BETWEEN THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA AND THE CITY OF
MIAMI BEACH; EXTENDING SAID MANAGEMENT
AGREEMENT FOR AN ADDITIONAL TWENTY-FIVE (25)
YEARS, BEGINNING FEBRUARY 7, 2007
WHEREAS, on February 3, 1982, the City of Miami Beach (City) entered into
Management Agreement No. 750-0006 (renumbered No. 3595) with the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida (State) for the
management of the beach property, from Government Cut to 87th Terrace, for recreational
and other related activities (the Management Agreement); and
WHEREAS, the term of the Management Agreement is for a period of twenty five
(25) years, and provides that the City comply with applicable statutory requirements, which
currently requires submittal of a management plan for said beachfront land, at least every
five years; and
WHEREAS, on September 25, 2003, the Mayor and City Commission adopted
Resolution No. 2003-25334, authorizing the City Administration to submit an updated
Beachfront Management Plan to the State; and
WHEREAS, the Management Agreement expired on February 3, 2007; and
WHEREAS, the Administration has discussed an extension of said Management
Agreement with the Florida Department of Environmental Protection; and
WHEREAS, the attached Amendment Number 1 to the Management Agreement
extends the term of said Management Agreement by an additional twenty-five (25) years,
beginning on February 7, 2007; and
WHEREAS, all other terms and conditions of the Management Agreement shall
remain the same.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and authorize the Mayor and City Clerk to execute Amendment
Number 1 to Management Agreement Number 3595, for the management of beach
property for recreational and other related activities, between the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida and the City of Miami Beach;
extending said Management Agreement for an additional twenty-five (25) years, beginning
February 7, 2007..
PASSED and ADOPTED this 11th day of July , 2007.
ATTEST:
V U.~t. ~~ I
CITY CLERK Matti Herrera Bower
Robert Parcher
Vice-Mayor
T:\AGENDA\2007\ju11107\Consent\beach lease reso.DOC
APPROVED AS TO
FORM 8~ LANGUAGE
& FO ELUTION
7307
ttomey ~ e
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution extending the beach management agreement between the City and the State of Florida for an
additional 25 years.
Ke Intended outcome Su orted:
Preserve Our Beaches
Supporting Data (Surveys, Environmental Scan, etc.):
Quality of the Beaches ranks high as a quality of life issue, especially for residents in the Condo Corridor
and South Pointe. 75% of Residents and 77% of businesses ranked overall quality of the beaches as
excellent or good. Overall quality of beaches appeared as a key driver for residents perception of the
value of Ci services for tax dollars aid.
Issue•
Shall the City extend the beach management agreement for an additional 25 years?
Item Summary/Recommendation:
On February 3, 1982, the City of Miami Beach (City) entered into Management Agreement No. 750-0006
(renumbered 3595) with the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (State) for the management of the beachfront land from Government Cut to 87th Terrace for
recreational and other related activities. The term of said Management Agreement is for a period of
twenty five (25) years and provides that the City comply with applicable statutory requirements, which
currently requires submittal of a management plan for said beachfront land, at least every five years.
On September 10, 2003, the Mayor and City Commission adopted Resolution No. 2003-25334,
authorizing the Administration to submit an updated beachfront management plan to the State of Florida,
as required by the Management Agreement.
The attached Amendment extends the term of the management agreement between the City and the State
for an additional 25 year period. All other terms and conditions remain the same.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
N/A 2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Kevin Crowder, Economic Development
Department Director ( ~ A~s~stant City. Manager I _ City .Manager
.~~ .~----- 1
m MIAMIBEACH
AGENDA ITEM G7~
DATE 7 ~~~d7
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager, r
DATE: July 11, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NUMBER 1 TO MANAGEMENT AGREEMENT
NUMBER 3595, FOR THE MANAGEMENT OF BEACH PROPERTY FOR
RECREATIONAL AND OTHER RELATED ACTIVITIES, BETWEEN THE BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA AND THE CITY OF MIAMI BEACH, EXTENDING SAID
MANAGEMENT AGREEMENT FOR AN ADDITIONAL TWENTY-FIVE YEARS,
EFFECTIVE FEBRUARY 7, 2007.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On February 3, 1982, the City of Miami Beach (City) entered into Management Agreement
No. 750-0006 (renumbered 3595) with the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida (State) for the management of the beachfront land from
Government Cut to 87th Terrace for recreational and other related activities. The term of
said Management Agreement is for a period of twenty five (25) years and provides that the
City comply with applicable statutory requirements, which currently requires submittal of a
management plan for said beachfront land, at least every five years.
On September 10, 2003, the Mayor and City Commission adopted Resolution No. 2003-
25334, authorizing the Administration to submit an updated beachfront management plan to
the State of Florida, as required by the Management Agreement.
The attached Amendment Number 1 extends the term of the management agreement
between the City and the State for an additionaltwenty-five (25) year period. All other terms
and conditions remain the same.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
and extend the beach management agreement for an additional twenty-five (25) years.
JMG/TH/kc
T:WGENDA\2007\ju11107\Consent\beach lease memo.doc
ATL1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
AMENDMENT NUMBER 1 TO MANAGEMENT AGREEMENT NUMBER 3595
THIS MANAGEMENT AGREEMENT AMENDMENT is entered into this 7th day of
February, 2007, by and between the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as
the "Board" aad the City of Miami Beach, hereinafter referred to as "City";
W I T N E S S E T H
WHEREAS, the Board holds title to certaia beach property created and
established pursuant to Sections 161.141 - 161.211, Florida Statutes; and
WHEREAS, the City desires to continue management of said .beach
property for recreational and other related activities;
NOW THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereto agree as follows:
1. The Board hereby extends the term of this Management Agreement Number
3595 for an additional twenty-five (25) years beginning February 7, 2007.
2. Except as expressly set forth herein, the terms and conditions of
Management Agreement Number 3595, shall remain unchanged and in full force
and effect and the same are hereby ratified, approved and confirmed by the
Board and City as of the date of this Amendment Number 1.
3. The terms of this Amendment Number 1 to Management Agreement Number
3595 shall be binding upon the .parties hereto and their respective
successors and assigns.
The parties have caused this management agreement amendment to be
executed on the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: (SEAL)
JANICE ELLISON, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
20_, by Janice Ellison, Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, State of Florida Department of Environmental Protection, as agent.
for and on behalf of the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida. She ds personally known to me.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
CITY OF MIAMI BEACH
By its City Commission
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
By: (SEAL)
Print/Type Name
Tile:
(OFFICIAL SEAL)
"City"
ATTEST:
Print/Type Name
Title:
The foregoing instrument was acknowledged before me this
2 0 by
day of
_ and
as
and ,
respectively, on behalf of the City of Miami Beach. They are personally
known to me.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires: