HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov.com
File Number: 06-01698 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE
AGREEMENTS ("AGREEMENTS"), WHICH ARE REVOCABLE AT -WILL, IN
SUBSTANTIALLY THE ATTACHED FORMS, WITH SWIM GYM AQUATICS, INC.,
MIAMI ROWING & WATERSPORTS CENTER, INC., AND MIAMI OVERSEAS
CHINESE ASSOCIATION, INC., (COLLECTIVELY "LICENSEES "), TO OCCUPY
AND USE APPROXIMATELY 4.2 ACRES OF CITY OF MIAMI ("CITY") OWNED
PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA,
WHICH LICENSES SHALL PROVIDE: 1) FORA USE PERIOD TO COMMENCE
OCTOBER 1, 2006 AND EXPIRE SEPTEMBER 30, 2007 WITH A ONE-YEAR
MUTUAL RENEWAL OPTION TO SEPTEMBER 30, 2008; 2) LICENSEES TO PAY
MONTHLY USE FEES TO THE CITY IN THE AMOUNTS OF $400, $250, AND
$100, RESPECTIVELY AND ADDITIONALLY 12% OF THEIR RESPECTIVE
MONTHLY GROSS REVENUES, WITH OTHER TERMS AND CONDITIONS AS
MORE PARTICULARLY SET FORTH IN SAID AGREEMENTS; FURTHER
PROVIDING FOR ACCEPTANCE OF MONTHLY FEES FROM THE LICENSEES IN
THE RESPECTIVE AMOUNTS PROVIDED ABOVE FOR THE PERIOD OF
OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006.
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, pursuant to Resolution No. 05-0190, adopted March 24, 2005, the City Commission
authorized the City Manager to execute three separate one-year Revocable License Agreements
(Agreements) with Swim Gym Aquatics, Miami Rowing & Watersports Club, and Miami Overseas
Chinese Association, Inc. (collectively "Licensees"), for their shared use of the Property; and
WHEREAS, the three Agreements expired on September 30, 2005; and
WHEREAS, on October 1, 2005, the Department of Parks and Recreation assumed management
of the site and the Licensees continued to operate their programs at the Property pursuant to
substantially the same terms and conditions as the prior Agreements; and
WHEREAS, the City would like to enter into new Revocable License Agreements with the
Licensees to provide for their continued use of the Property for the purpose of providing water
recreational and educational opportunities;
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.
City of Miami Page 1 of 2 Printed On: 9/27/2006
File Number: 06-01698
Section 2. The City Manager is authorized{1} to execute Agreements, which are revocable at -will,
in substantially the attached forms, with the Licensees, to occupy and use approximately 4.2 acres of
City -owned property located at 3601 Rickenbacker Causeway, Miami, Florida, which licenses shall
provide: 1) for a use period to commence October 1, 2006 and expire September 30, 2007 with a
one-year mutual renewal option to September, 2008; and 2) Licensees to pay monthly use fees to the
City in the amounts of $400, $250, and $100, respectively and additionally 12% of their respective
monthly gross revenues, with other terms and conditions as more particularly set forth in said
Agreements.
Section 3. The City Manager is authorized{1} to accept monthly fees from the Licensees in the
same amounts as provided in Section 2 hereof for the period of October 1, 2005 through September
30, 2006.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JOR e E L FERNANDEZ 07/2_1(
CITY RNEY
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: 9/27/2006