HomeMy WebLinkAboutresolutionCity of Miami
Legislation
Resolution
City Hall
3600 Part Americen
Drive
Miami, FL 33133
www.ci.mFsmi.fl. uii
File Number: O5-00205
Mel Action Dot:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE
AGREEMENTS (THE "AGREEMENTS"), IN A FORM ACCEPTABLE • TO THE CITY.
ATTORNEY, WITH SWIM GYM AQUATICS, INC. ("LICENSEE"), A FOR PROFIT
CORPORATION„ MIAMI ROWING AND WATERSPORTS CENTER. INC. r.
LICENSEE"), A NOT FOR PROFIT CORPORATION, AND MIAMI OVERSEAS
CHINESE ASSOCIATION, INC, ("LICENSEE"), A NOT FOR PROFIT
CORPORATION, REVOCABLE AT -WILL, TO OCCUPY AND USE
APPROXIMATELY 1.96 ACRES OF CITY -OWNED PROPERTY LOCATED AT
3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSES SHALL
PROVIDE: 1) THE USE AND OCCUPANCY OF THE PROPERTY FOR A PERIOD
NOT TO EXCEED SEPTEMBER 30, 2005; 2) EACH LICENSEE TO HAVE THE
AUTHORITY TO ENTER INTO PROFESSIONAL SERVICE AGREEMENTS TO
PROVIDE WATER RECREATIONAL AND EDUCATIONAL OPPORTUNITIES,
SUBJECT TO CITY MANAGER APPROVAL, WHICH APPROVAL MAY ICE
CONDITIONED OR WITHHELD IN HIS SOLE DISCRETION; 3) EACH LICENSEE
TO PAY A MONTHLY USE FEE TO THE CITY IN THE AMOUNTS OF $400.00, $
250.00 AND $100.00 RESPECTIVELY, PLUS STATE OF FLORIDA USE TAX,
IF APPLICABLE; 4) EACH LICENSEE AND EACH PROGRAM OPERATOR SHALL
PAY TO THE CITY TWELVE PERCENT (12%) OF THEIR RESPECTIVE
MONTHLY GROSS REVENUES ("PERCENTAGE FEE"), ON OR BEFORE THE 30
TH DAY FOLLOWING THE END OF EACH MONTH, PLUS STATE OF FLORIDA
USE TAX, IF APPLICABLE; 5) ALL AMOUNTS PAID TO THE CITY TO BE
RESERVED 1N A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR
CAPITAL IMPROVEMENTS TO THE PROPERTY; 6) EACH LICENSEE SHALL BE
RESPONSIBLE FOR CERTAIN NONSTRUCTURAL REPAIRS AND
MAINTENANCE, AND 7) EACH LICENSEE SHALL PAY ITS PRO RATA SHARE
OF UTILITIES, AND WITH OTHER TERMS AND CONDITIONS AS MORE
PARTICULARLY SET 'FORTH IN THE AGREEMENTS.
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, due to unforeseen circumstances, the City feels it is in the best interest of the parties
to enter into separate agreements with Swim Gym Aquatics, Inc., Miami Rowing and Watersports
Center, Inc., and Miami Overseas Chinese Association Inc., to provide water recreational and
educational opportunities at said Property;
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
City of Miami Page 1 of 2 Printed On: 3/15/2005
rite Number: 08-00200
reference and incorporated as if fully set forth in this Section.
w1!
Section 2, The City Manager is authorized(1) to execute revocable license agreements ("
Agreements"), in s form acceptable to the City Attorney, with Swim Gym Aquatics, Inc., Miami Rowing
and Watersporte Center, Inc., and Miami Overseas Chinese /*iodation Inc., revocable at -will, to utle
and occupy approximately 1.96 acres of City -owned properly located at 3601 Rickenbacker
Causeway, Miami, Florida, which licenses shall provide: (1) for a period not to exceed September 30,
2006; (2) each licensee shall have the authority to enter into professional service agreements with
program operator(s) to provide water recreational and educational opportunities, subject to the City
Manager's approval, which approval may be conditioned or withheld in his sole discretion; (3) each
Licensee to pay a monthly use fee to the City in the amount of $400, $250, and $100 respectively, plus
Florida State Use Tax, if applicable; (4) each Licensee and each program operator to pay the City
tweivs percent (12%) of their respective monthly gross revenues on or before the 30th day following
the end of each month, plus Florida State Use Tax, if applicable; (6)"eamounts paid to the City tolle
reserved in a special account by the Finance Department for Capital Improvements; (6) each Licentleili
shall be responsible for certain nonstructural repairs and maintenance; and (7) each Licensee shall'
pay its pro rata shard of utilities, and with other terms and conditions as more particularly set forth in
the Agreements.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.(2)
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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.
1.11•11-
(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: 3/15/2005