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HomeMy WebLinkAboutPre LegislationCity of Miami Legislation Resolution: R-05-0190 City Hall 3500 Pan Arnett caw Drive Miami, FL 33133 www.ci.miar:rji.fl_us File Number 05-00205 Final Act ion Date:3/T412®U5 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS), AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS ("AGREEMENTS"), IN SUBSTANTIALLY THE ATTACHED FORM, WHICH ARE REVOCABLE AT -WILL, WITH SWIM GYM AQUATICS, INC. , A FOR PROFIT CORPORATION; MIAMI ROWING AND WATERSPORTS CENTER, INC., A NOT FOR PROFIT CORPORATION; AND MIAMI OVERSEAS CHINESE • ASSOCIATION, INC., A NOT FOR PROFIT CORPORATION (COLLECTIVELY "LICENSEES"); FOR LICENSEES, TO OCCUPY AND USE APPROXIMATELY 1.96 ACRES OF CITY OF MIAMI OWNED- PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, 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 p.artiesks to enter into separate agreements with Swim Gym Aquatics, Inc., Miami Rowing and VVatersporrts Center, Inc., and Miami Overseas Chinese Association Inc., (collectively "Licensees")., to providewrate:er recreational and educational opportunities at the 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 reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized(1) to execute revocable license agreements . ("Agreements"), in substantially the attached form, which are revocable at -will, with the Licensees to useand occupy the Property, and Licensees shall: (1) use and occupy for a period not to exceed September 30, 2005; (2) have the authority to enter into professional service agreements with prograrim operator(s) to provide water recreational and educational opportunities, subject to the City Mane gee's approval, which approval may be conditioned or withheld in his sole discretion; (3) pay a monthly use fee to the City in the amount of $400, $250, and $100 respectively; (4) along with each of its pro gramNi operators, pay the City twelve percent (12%) of their respective monthly gross revenues; (5) pay a II amounts to the City to be reserved in a s by the Finance Department for capital improvements; (6) be responsible for no ruc urai''iepairs and maintenance; (7) pay pro rata sh are OW utilities; and (8) abide by the 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) City of Miami Page 1 of 2 Printed On: 1.2/8/10A105 File Number. rj.-OC ?C 5 Enactment Number: R-05-0190 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 Printed On: 12/8/2005