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HomeMy WebLinkAboutexhibit2City of Warta Learsratron Resolution: R-04- 200 City3500 Pan Americo!) Dries Miami, FLZ3p03 www.at.mlamt.!lu:: Fife 04.Q015G Fins! Action Dote:d/8/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S). AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE, LICENSE AGREEMENT ("AGREEMENT`), REVOCABLE AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI ROWING AND WATERSPORTS CENTER, INC. ("LICENSEE") A NONPROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 1.03 ACRES OF CITY -OWNED PROPERTY LOCATED AT 3801 RICKENOACKER CAUSEWAY, MIAMI, FLORIDA, TO PROVIDE FOR: (1) A ONE-YEAR TERM THAT SHALL COMMENCE ON THE EFFECTIVE DATE, WITH AN OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) LICENSEE SHALL PAY AN INLTLAL USE FEE IN AN AMOUNT NOT TO EXCEED $500 PER MONTH, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, FOR A SIX -YEAR (B) PERIOD; (3) LICENSEE MAY ENTER INTO PROFESSIONAL SERVICE AGREEMENTS WITH PROGRAM OPERATORS FOR THE PURPOSE OF OPERATING AND MAINTAINING WATER RECREATIONAL AND EDUCATIONAL OPPORTUNITIES; AND (4) LICENSEE AND EACH PROGRAM OPERATOR SHALL PAY THE CITY OF MIAMI 12% OF THEIR RESPECTIVE MONTHLY GROSS REVENUES, AS SET FORTH IN THE AGREEMENT. WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements located of 3801 Rickenbacker Causeway, Miami, Florida, ("Property"); and WHEREAS, Resolution No. 03-339a, adopted December 1a, 2003, authorized Miami Rowing and Watersports Center, Inc., ("Licensee") to occupy the Property for a period of sixty days from January 1, 2004, to continue operating its rowing program and provide water recreational and educational opportunities at the Property; and WHEREAS, on January 13, 2004, the City Waterfront Board recommended approval of the Revocable License Agreement ("Agreement") and further requested Licensee to expand its program offerings; 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. The City Manager is authorized(1) to execute a Revocable License Agreement, ("Agreement") revocable at -will, in substantially the attached form, with Miami Rowing and Watersports Center, Inc. ("Licensee") to occupy approximately 1.03 acres of City -owned property Cfry gf Miami Pala 1412 Print d Oni 2/10/2000 Flhr Numbw 04-0011irmielmenS Morihn R r 161000 located at 3801 Rickenbackeâ–º Ceusdway, Miami, irlorida, to provide for (1) a one-year term NV shall commence on the effective deft, with err option to extend for fire (5) additional one-year periods subject to mutual consent Other parties, (2) Licensee shall pay the City an Initial use fs in an amount not to exceed $500per month, for a six -year period, plus State of Florid* Use TEO if applicable; (3) Licensee may enter Into professional service agreements with program operator* for the purpose of operating and rnatntaining water recreational end educational opportunities, and (4) Licensee and each program operator shall pay the City 12% of their respective monthly gross revenues, as set forth in the Agreement. Section 3. This Resolution shall become effective immediately upon Re adoption end signature of the Mayor.(2) 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 CNy 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. CloP of Miami Pas. 2 of 2 ?,Ned Mt 2110.4017,