HomeMy WebLinkAboutR-05-0189City of Miami
Legislation
Resolution: R-05-0189
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00206 Final Action Date: 3/24/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO TERMINATE ANY AND ALL RIGHTS OF MIAMI ROWING AND
WATERSPORTS CENTER, INC. ("MRWC"), WHETHER EXPRESS OR IMPLIED,
FOR THE USE AND OCCUPANCY OF CITY OF MIAMI-OWNED PROPERTY
LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA
("PROPERTY") , FROM JANUARY 1, 2004 - FEBRUARY 28, 2005; AND
ACCEPTING $85,339.31 FROM MRWC AND ITS PROGRAM OPERATOR SWIM
GYM, INC. AS CONSIDERATION FOR OCCUPANCY AND USE OF THE
PROPERTY FOR THE PERIOD OF JANUARY 1, 2004 TO FEBRUARY 28, 2005.
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. 03-1260, adopted December 18, 2003, authorized Miami Rowing and
Watersports Center, Inc. ("MRWC") to occupy the approximately 1.03 acres of City -owned property
located at 3601 Rickenbacker Causeway, Miami, Florida ("Property") from January 1, 2004 - February
28, 2004, continue operating its rowing program, provide water recreational opportunities and also
authorized the City Manager to negotiate a revocable license agreement to provide continued use of
the Property, directing the City Manager to present the negotiated license agreement for City
Commission approval; and
WHEREAS, Resolution No. 04-0200, adopted April 8, 2004, authorized the City Manager to
execute a revocable license agreement ("Agreement"), effective March 1, 2004, with MRWC for it to
use and occupy the Property, continue operating its rowing program and provide water recreational
and educational opportunities at the Property; and
WHEREAS, the Agreement provided for a one-year term commencing on the effective date, with
options to extend for five (5) additional one-year terms subject to the mutual consent of the parties,
and payments of an initial use fee not to exceed $500.00 per month, plus a 12% percentage fee of
gross revenues from MRWC and each program operator; and
WHEREAS, in total, the City has received funds in the amount of $85,339.31 from MRWC and a
program operator Swim Gym, Inc. ("Swim Gym") as consideration for the occupancy and use of the
Property from January 1, 2004 - February 28, 2005; and
WHEREAS, due to unforeseen circumstances affecting the terms of the Agreement between
MRWC and Swim Gym that have become irresolvable and the City wishes to terminate any all rights
of MRWC, whether express or implied, for the use and occupancy of the Property from January 1,
2004-February 28, 2005;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
Page 1 of 2 File Id: 05-00206 (Version: 2) Printed On: 11/1/2016
File Number: 05-00206 Enactment Number: R-05-0189
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 terminate any and all rights of MRWC, whether
express or implied, for use of the Property from January 1, 2004 - February 28, 2005.
Section 3. The City accepts $85,339.31 from MRWC and Swim Gym as consideration for
occupancy and use of Property for the period of January 1, 2004 to February 28, 2005.
Section 4. This Resolution shall become effective immediately upon its adoption and 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 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 File Id: 05-00206 (Version: 2) Printed On: 11/1/2016