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HomeMy WebLinkAboutresolutionCity of Miami Legislation Resolution CA.18-SUBSTITUTE I:TIEM MARCH 24, 2005 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 05-00206 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, Final Action Date: 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 January Cityy 1 2004propbrty located at 3601 Rickenbacker Causeway, Miami, Florida eecreational opportunities and also 28, 2004, continue operating its rowing program, provide water 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 fi(5sadditional deei not Ione-year terms subject to to exceed $500.00 per month, plus a mutual consent percentage fee of and payments of an initial u 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 becomeirresolvable occupancy of the Prwishes operty from Januarynate any 11r12004'f MRWC, whether express or implied, for the use February 28, 2005; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 Printed On: 3/22/2005 File Number: 05-00206 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) 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 Primed On: 3/22/2005