RE.4 - Owner Submits Marina Permit Applications Submer...
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A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A HOLD HARMLESS AND INDEMNITY AGREEMENT (“AGREEMENT”), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI (“CITY”) AND 1809 BRICKELL PROPERTY OWNER, LLC (“OWNER”), AUTHORIZING OWNER TO SUBMIT PERMIT APPLICATIONS AND RELATED DOCUMENTATION, AT OWNER'S SOLE COST AND RISK, FOR REVIEW OF A PROPOSED MARINA AND RELATED FACILITIES ON CERTAIN CITY-OWNED SUBMERGED LANDS, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT “A” (“SUBMERGED LANDS”), LOCATED ADJACENT TO 1809 BRICKELL AVENUE, MIAMI, FLORIDA, IN CONNECTION WITH A POTENTIAL FUTURE LEASE OF SUCH SUBMERGED LANDS, PROVIDED THAT THE AGREEMENT SHALL NOT GRANT ANY PROPERTY RIGHT OR INTEREST TO OWNER, WITH ANY FUTURE SUBMERGED LANDS LEASE AGREEMENT SUBJECT TO SEPARATE CITY COMMISSION APPROVAL PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA (“CITY CHARTER”), AND CHAPTER...
September 10, 2026
Sponsors
District Two Damian Pardo
Commissioner
Department: Department of Real Estate and Asset Management
Category: Other
WHEREAS, 1809 Brickell Property Owner, LLC (“Owner”), is the owner of the real property located at 1809 Brickell Avenue, Miami, Florida (“Property”); and
WHEREAS, the City of Miami (“City”) is the owner of certain submerged lands located immediately adjacent to the Property and more particularly described in the attached and incorporated Exhibit “A” (“Submerged Lands”); and
WHEREAS, Owner intends to seek a lease or other authorization from the City for the use of the Submerged Lands pursuant to Section 29-B of the Charter of the City of Miami, Florida (“City Charter”) and Chapter 18, Article XI of the Code of the City of Miami, Florida, as amended (“City Code”) in order to develop a marina and related waterfront facilities (collectively, “Marina Facilities”) on the Submerged Lands; and
WHEREAS, the City Administration and Owner are currently negotiating the terms and conditions of a potential lease of the Submerged Lands for the Marina Facilities to be brought to the City Commission for consideration at a future date, but no such terms have been agreed upon or approved by the City Commission; and
WHEREAS, Owner has requested authorization for the City Manager to execute certain permit applications, owner authorizations, riparian consent forms, sovereignty submerged land applications, and other documents reasonably required by applicable governmental agencies in connection with Owner’s pursuit of permits for the Marina Facilities; and
WHEREAS, the City and Owner desire to enter into a hold harmless and indemnification agreement (“Hold Harmless Agreement”) solely for the purpose of pursuing governmental permits and approvals for the Marina Facilities on the Submerged Lands at Owner’s sole cost and risk; and
WHEREAS, the Agreement shall not grant Owner any leasehold, property, development, or other interest in the Submerged Lands, shall require Owner to indemnify, defend, release, and hold harmless the City at no cost to the City, and shall further provide that neither the Agreement nor any permitting activities undertaken pursuant thereto shall create any right to or entitlement for approval of any lease, development agreement, or other authorization relating to the Submerged Lands; and
WHEREAS, any lease, management agreement, or other agreement authorizing Owner to use and/or develop the Submerged Lands, or any portion thereof, shall be subject to the prior approval of the City Commission, at its sole discretion, pursuant to Section 29-B of the City Charter and Chapter 18, Article XI of the City Code; and
WHEREAS, the City Commission finds it in the best interest of the City to authorize the City Manager to negotiate and execute the Hold Harmless Agreement, in a form acceptable to the City Attorney, subject to the requirements specified herein;
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 Hold Harmless Agreement, in a form acceptable to the City Attorney, between the City and Owner, authorizing Owner to submit permit applications and related documentation, at Owner's sole cost and risk, for review of the Marina Facilities on the Submerged Lands, provided the Hold Harmless Agreement shall not grant any property right, interest, leasehold, development right, entitlement, or vested right to Owner, with any future agreement subject to separate City Commission approval pursuant to the City Charter and City Code.
Section 3. The City Manager is further authorized1 to negotiate and execute any and all documents necessary to implement the Hold Harmless Agreement, including any amendments, renewals, or extensions, in forms acceptable to the City Attorney, and subject to compliance with all applicable laws, including but not limited to those prescribed by applicable City Charter and City Code provisions.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.
WHEREAS, the City of Miami (“City”) is the owner of certain submerged lands located immediately adjacent to the Property and more particularly described in the attached and incorporated Exhibit “A” (“Submerged Lands”); and
WHEREAS, Owner intends to seek a lease or other authorization from the City for the use of the Submerged Lands pursuant to Section 29-B of the Charter of the City of Miami, Florida (“City Charter”) and Chapter 18, Article XI of the Code of the City of Miami, Florida, as amended (“City Code”) in order to develop a marina and related waterfront facilities (collectively, “Marina Facilities”) on the Submerged Lands; and
WHEREAS, the City Administration and Owner are currently negotiating the terms and conditions of a potential lease of the Submerged Lands for the Marina Facilities to be brought to the City Commission for consideration at a future date, but no such terms have been agreed upon or approved by the City Commission; and
WHEREAS, Owner has requested authorization for the City Manager to execute certain permit applications, owner authorizations, riparian consent forms, sovereignty submerged land applications, and other documents reasonably required by applicable governmental agencies in connection with Owner’s pursuit of permits for the Marina Facilities; and
WHEREAS, the City and Owner desire to enter into a hold harmless and indemnification agreement (“Hold Harmless Agreement”) solely for the purpose of pursuing governmental permits and approvals for the Marina Facilities on the Submerged Lands at Owner’s sole cost and risk; and
WHEREAS, the Agreement shall not grant Owner any leasehold, property, development, or other interest in the Submerged Lands, shall require Owner to indemnify, defend, release, and hold harmless the City at no cost to the City, and shall further provide that neither the Agreement nor any permitting activities undertaken pursuant thereto shall create any right to or entitlement for approval of any lease, development agreement, or other authorization relating to the Submerged Lands; and
WHEREAS, any lease, management agreement, or other agreement authorizing Owner to use and/or develop the Submerged Lands, or any portion thereof, shall be subject to the prior approval of the City Commission, at its sole discretion, pursuant to Section 29-B of the City Charter and Chapter 18, Article XI of the City Code; and
WHEREAS, the City Commission finds it in the best interest of the City to authorize the City Manager to negotiate and execute the Hold Harmless Agreement, in a form acceptable to the City Attorney, subject to the requirements specified herein;
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 Hold Harmless Agreement, in a form acceptable to the City Attorney, between the City and Owner, authorizing Owner to submit permit applications and related documentation, at Owner's sole cost and risk, for review of the Marina Facilities on the Submerged Lands, provided the Hold Harmless Agreement shall not grant any property right, interest, leasehold, development right, entitlement, or vested right to Owner, with any future agreement subject to separate City Commission approval pursuant to the City Charter and City Code.
Section 3. The City Manager is further authorized1 to negotiate and execute any and all documents necessary to implement the Hold Harmless Agreement, including any amendments, renewals, or extensions, in forms acceptable to the City Attorney, and subject to compliance with all applicable laws, including but not limited to those prescribed by applicable City Charter and City Code provisions.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.
Fiscal Impact
N/A