HomeMy WebLinkAboutR-03-1260City of Miami
Legislation
Resolution: R-03-1260
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0339a Final Action Date: 12/18/2003
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING MIAMI
ROWING AND WATERSPORTS CENTER, INC. ("MRWC") TO OCCUPY
APPROXIMATELY 1.14 ACRES OF CITY -OWNED PROPERTY LOCATED AT
3601 RICKENBACKER CAUSEWAY, MIAMI FLORIDA, COMMENCING
JANUARY 1, 2004, FOR A PERIOD OF SIXTY (60) DAYS, SUBJECT TO MRWC:
(1) PROVIDING INSURANCE AND INDEMNIFYING, PROTECTING, DEFENDING
AND HOLDING THE CITY OF MIAMI ("CITY") HARMLESS FROM AND AGAINST
ALL CLAIMS, SUITS, ACTIONS, DAMAGES OR CAUSES OF ACTION OF
WHATEVER NATURE ARISING OUT OF THE USE OR OPERATION OF THE
PROPERTY OR THE SURROUNDING AREAS; AND (2) PAYING MONTHLY
FEES OF $500 PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE A
REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL,
WITH MRWC, TO PROVIDE FOR CONTINUED USE OF THE PROPERTY;
DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED
AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION.
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, Resolution No. 02-40, adopted January 10, 2002, authorized the City Manager to
execute a Management Agreement ("Agreement") with Barry University for an initial term of two (2)
years and six months, with the option to extend for one addition three-year period, to operate its
rowing program and provide water recreational and educational opportunities at the Property; and
WHEREAS, the initial term of the Agreement expires December 31, 2003, and Barry University
has expressed to the City that it does not intend to extend the Agreement; and
WHEREAS, Miami Rowing and Watersports Center, Inc. ("MRWC"), a service provider at the
Property under the Agreement, wishes to continue its rowing program and provide water recreational
and educational opportunities at the Property under a Revocable License Agreement ("License
Agreement")revocable at will, once the Agreement with Barry University expires on December 31,
2003; and
WHEREAS, the City and MRWC find it to be in the best interest of the parties, and the general
public, to allow MRWC to continue water recreational and educational opportunities at the Property
on a temporary basis while the parties negotiate a License Agreement;
City of Miami
Page 1 of 2 File Id: 03-0339a (Version: 1) Printed On: 8/23/2016
File Number: 03-0339a Enactment Number: R-03-1260
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.
Section 2. MRWC is authorized to occupy approximately 1.14 acres of City -owned property
located at 3601 Rickenbacker Causeway, Miami, Florida, commencing January 1, 2004, for a period
of sixty (60) days, subject to MRWC: (1) providing insurance and indemnifying, protecting, defending
and holding the City harmless from and against all claims, suits, actions, damages or causes of
nature arising out of the use or operation of the Property or the surrounding areas; and (2) paying the
City a monthly fee of $500 plus State of Florida Use Tax, if applicable; authorizing the City Manager to
execute any necessary document(s), in a form acceptable to the City Attorney, for said purpose.
Section 3. The City Manager is directed to negotiate a License Agreement, revocable at -will, with
MRWC, to provide for continued use of the property and directing the City Manager to present the
negotiated License Agreement to the City Commission for approval.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{1} 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 File Id: 03-0339a (Version: 1) Printed On: 8/23/2016