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HomeMy WebLinkAboutLegislationFile Number: 09-00447 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT'), WHICH IS REVOCABLE -AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI OVERSEAS CHINESE ASSOCIATION, INC. ("LICENSEE"), A FLORIDA NONPROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 3.44 ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSE SHALL PROVIDE: 1) FOR A USE PERIOD TO COMMENCE OCTOBER 1, 2008 AND EXPIRE SEPTEMBER 30, 2009, WITH THREE (3) ONE-YEAR RENEWAL OPTIONS AND THREE PERCENT (3%) ANNUAL INCREASES, SUBJECT TO THREE (3) MONTHS PRIOR WRITTEN NOTICE BY LICENSEE, AND MUTUAL CONSENT OF THE PARTIES; 2) FOR LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY IN THE AMOUNT OF $100, PLUS STATE USE TAX, IF APPLICABLE, AND AN ADDITIONAL TWELVE PERCENT (12%) OF MONTHLY GROSS REVENUES, 3) FOR A THREE PERCENT (3%) ANNUAL INCREASE TO THE LICENSEE'S USE FEE AMOUNT PAID TO THE CITY; AND 4) THAT ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements located at 3601 Rickenbacker Causeway, Miami, Florida ("Property"); and WHEREAS, pursuant to Resolution No. 06-0593, adopted October 12, 2006, the City Commission authorized the City Manager to execute a one-year Revocable License Agreement ("Agreement") with Miami Overseas Chinese Association, Inc. ("Licensee"), with a one-year mutual renewal option, for the use of the Property; and WHEREAS, the Agreement expired on September 30, 2008; and WHEREAS, the City would like to enter into a new Agreement with the Licensee to provide for its continued use of the Property for the purpose of providing water recreational and educational opportunities; 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 if fully set forth in this Section. City of Miand Page I of 2 Printed On: 4/27/2009 City of Miami Legislation .� Resolution File Number: 09-00447 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT'), WHICH IS REVOCABLE -AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI OVERSEAS CHINESE ASSOCIATION, INC. ("LICENSEE"), A FLORIDA NONPROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 3.44 ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSE SHALL PROVIDE: 1) FOR A USE PERIOD TO COMMENCE OCTOBER 1, 2008 AND EXPIRE SEPTEMBER 30, 2009, WITH THREE (3) ONE-YEAR RENEWAL OPTIONS AND THREE PERCENT (3%) ANNUAL INCREASES, SUBJECT TO THREE (3) MONTHS PRIOR WRITTEN NOTICE BY LICENSEE, AND MUTUAL CONSENT OF THE PARTIES; 2) FOR LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY IN THE AMOUNT OF $100, PLUS STATE USE TAX, IF APPLICABLE, AND AN ADDITIONAL TWELVE PERCENT (12%) OF MONTHLY GROSS REVENUES, 3) FOR A THREE PERCENT (3%) ANNUAL INCREASE TO THE LICENSEE'S USE FEE AMOUNT PAID TO THE CITY; AND 4) THAT ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements located at 3601 Rickenbacker Causeway, Miami, Florida ("Property"); and WHEREAS, pursuant to Resolution No. 06-0593, adopted October 12, 2006, the City Commission authorized the City Manager to execute a one-year Revocable License Agreement ("Agreement") with Miami Overseas Chinese Association, Inc. ("Licensee"), with a one-year mutual renewal option, for the use of the Property; and WHEREAS, the Agreement expired on September 30, 2008; and WHEREAS, the City would like to enter into a new Agreement with the Licensee to provide for its continued use of the Property for the purpose of providing water recreational and educational opportunities; 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 if fully set forth in this Section. City of Miand Page I of 2 Printed On: 4/27/2009 File Number. 09-00447 Section 2. The City Manager is authorized{1} to execute an Agreement, which is revocable -at -will, in substantially the attached form, with Licensee, a Florida nonprofit corporation, to occupy and use approximately 3.44 acres of City -owned Property, which license shall provide:1) a use period to commence October 1, 2008 and expire September 30, 2009, with three (3) one-year renewal options and three percent (3%) annual increases, subject to three (3) months prior written notice by Licensee, and mutual consent of both parties; 2) for Licensee to pay a monthly use fee to the City in the amount of $100, plus State Use tax, if applicable, and an additional twelve percent (12%) of monthly gross revenues; 3) for a three percent (3%) annual increase to the Licensee's Use Fee amount paid to the City; and 4) that all amounts paid to the City to be reserved in a special account by the Finance Department for capital improvements, with other terms and conditions as more particularly set forth in said Agreement. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE BRU CITY ATTORNEY Footnotes: {1}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 Code provisions. {2}If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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 2 of 2 Printed On: 4/27/2009