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HomeMy WebLinkAboutR-24-0190City of Miami Resolution R-24-0190 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15779 Final Action Date: 5/23/2024 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE LICENSE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI YACHT CLUB ("CLUB"), IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "A," WHEREBY THE CLUB SHALL ALLOW THE CITY TO UTILIZE THE FACILITIES LOCATED AT 1001 MACARTHUR CAUSEWAY, MIAMI, FLORIDA 33132 FOR THE PURPOSE OF UPLAND AMENITIES AT WATSON ISLAND MOORING FIELD FOR A FEE NOT TO EXCEED $5,480.50 PER MONTH, CONSISTENT WITH THE APPROVED OPERATING BUDGET, AND FURTHER CONSISTENT WITH ALL LEGAL REQUIREMENTS, INCLUDING THOSE FOR PUBLIC FINANCING, CONTINUING DISCLOSURES, AND ONGOING COMPLIANCE THEREOF; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING, BUT NOT LIMITED TO AMENDMENTS, RENEWALS AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") and Miami Yacht Club ("Club") entered into that certain lease agreement, dated December 2, 1997, pursuant to Resolution No. R-97-535 ("Lease"), whereby Club leases from City, certain City -owned property for the provision of marine -recreation services; and WHEREAS, pursuant to the terms of the Lease, as amended, Club is authorized to grant property Licenses by securing approval of the City Manager; and WHEREAS, the City has applied for and received the necessary permits to operate an offshore, Watson Island mooring facility to provide an anchorage for transient boaters ("Mooring Field"); and WHEREAS, as part of the operation of the Mooring Field and the Mooring Field permits, the City is obligated to provide on -shore toilet facilities for the transient boaters and provide dock space to access the toilet facilities; and WHEREAS the Club and the City desire to provide for dock space and upland facilities for the operation of the Mooring Field to be developed by the City; and WHEREAS the Club is uniquely situated in close proximity to the Mooring Field so as to provide docking space, toilet facilities, and office space to the City to be used for the operation of the Mooring Field; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 15779 (Revision:) Printed On: 5/29/2024 File ID: 15779 Enactment Number: R-24-0190 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is hereby authorized1 to execute the Non -Exclusive License Agreement ("Agreement"), in substantially the form attached and incorporated as Exhibit "A," between the City and Club whereby the City shall pay the Club for use of their facilities for a monthly fee not to exceed $5,480.50, consistent with approved Operating budgets and further consistent with all legal requirements, including those for public financing, continuing disclosures, and ongoing compliance thereof. Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents including, but not limited to amendments, renewals and extensions, all in forms acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: rge Wy ng Ilf, C ty ttor -y 5/14/2024 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 15779 (Revision:) Printed on: 5/29/2024