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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15779 Date: 03/25/2024 Commission Meeting Date: 05/23/2024 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: All Type: Resolution Subject: Auth. CM - Negotiate & Execute Agrmnt - Miami Yacht Club Purpose of Item: A RESOLUTION OF THE CITY OF MIAMI COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE LICENSE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI YACHT CLUB ("CLUB") WHEREBY THE CLUB SHALL ALLOW THE CITY OF MIAMI 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. Background of Item: A MOORING FIELD AT WATSON ISLAND WAS CONSTRUCTED TO MANAGE VESSELS ANCHORED IN THE AREA AND GENERATE REVENUE. THE MORROING FIELD WAS PARTIALLY FUNDED THROUGH A FIND GRANT WHICH WILL NOT BE RECEIVED UNTIL THE MOORING FIELD IS OPEN. THE UPLAND AMENITIES RENTED FROM THE MIAMI YACHT CLUB WILL ALLOW THE MOORING FIELD TO OPEN AND START COLLECTING REVENUE. Budget Impact Analysis Item is an Expenditure Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: General Account No: 04002.221171.544000.0000.00000 Reviewed B Department of Real Estate and Asset Management Review Completed 03/25/2024 1:14 PM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney James Brako Office of the City Attorney Mabel Betancourt Office of the City Attorney George K. Wysong III Andrew Frey Budget Analyst Review Budget Review Assistant City Manager Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Approved Form and Correctness Department Head Completed Completed Completed Completed Completed Completed Skipped Completed 05/07/2024 3:01 PM 05/08/2024 4:35 PM 05/13/2024 4:53 PM 05/14/2024 9:46 AM 05/14/2024 12:21 PM 05/14/2024 12:32 PM 04/12/2024 3:03 PM 05/14/2024 8:25 PM City Commission Maricarmen Lopez Meeting Completed 05/23/2024 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 05/28/2024 2:42 PM City of Miami Legislation Resolution Enactment Number: R-24-0190 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: 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 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 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.