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Resolution
File Number: 09-00448
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 SWIM GYM AQUATICS, INC.
("LICENSEE"), A FLORIDA FOR PROFIT 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,, 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
$400, 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 Swim Gym Aquatics, 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 Miami Page 1 of 2 Printed On: 4/27/2009
File Number. 09-00448
Section 2. The City Manager is authorized{1} to execute an Agreement, which is
revocable -at -will, in substantially the attached form with the Licensee, a Florida for profit Corporation,
to occupy and use approximately 3.44 acres of City -owned property, 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, 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 $400, 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:
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