HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00577 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), WHICH IS REVOCABLE AT -WILL, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI ROWING AND
WATERSPORTS CENTER, INC. ("LICENSEE"), A FLORIDA NONPROFIT
CORPORATION, TO OCCUPY AND USE APPROXIMATELY 3.44 ACRES OF CITY
OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3601 RICKENBACKER
CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSE SHALL PROVIDE: 1) FORA
USE PERIOD EFFECTIVE OCTOBER 1, 2010, WITH AN EXPIRATION DATE OF
SEPTEMBER 30, 2015, ANDA ONE (1), FIVE (5) YEAR RENEWAL OPTION,
SUBJECT TO THREE (3) MONTHS PRIOR WRITTEN NOTICE BY LICENSEE,
AND MUTUAL CONSENT OF THE PARTIES; 2) FOR LICENSEE TO PAYA
MONTHLY USE FEE TO THE CITY IN THE AMOUNT OF $2,000, PLUS STATE
USE TAX, IF APPLICABLE; PAST DUE FEES OF $35,650.22, TO BE PAID IN
MONTHLY INSTALLMENTS OF $594.17, OVER FIFTY (50) MONTHS, INCLUDING
A LUMP SUM PAYMENT OF $5,941.70; AND AN ADDITIONAL PERCENTAGE FEE
OF TWELVE PERCENT (12%) OF MONTHLY GROSS REVENUES; 3) FOR AN
INCREASE IN THE MONTHLY USE FEE ON OCTOBER 1, 2015, TO $2,500, PLUS
STATE USE TAX, IF APPLICABLE, AND AN INCREASE IN THE ADDITIONAL
PERCENTAGE FEE OF MONTHLY GROSS REVENUES TO THIRTEEN PERCENT
(13%); AND 4) THAT TEN PERCENT (10%) OF ALL AMOUNTS PAID TO THE CITY
TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT
FOR CAPITAL IMPROVEMENTS TO THE ROWING CLUB FACILITY; WITH
OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN
SAID AGREEMENT.
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. 06-0593, adopted October 12, 2006, the City
Commission authorized the City Manager to execute a one (1) year Revocable License Agreement
("Agreement") with Miami Rowing and Watersports Center, Inc. ("Licensee"), with a one (1) year
mutual renewal option, for use of the Property, and which Agreement expired on September 30, 2008;
and
WHEREAS, pursuant to Resolution No. 09-0222, adopted May 14, 2009, the City Commission
authorized the City Manager to execute a new one (1) year Agreement with Licensee with three (3)
one (1) year renewal options; and
WHEREAS, the Agreement expired on September 30, 2010; and
WHEREAS, the City and Licensee would like to enter into a new Revocable License
City of Miami
Page 1 of 2 File Id: 11-00577 (Version: 1) Printed On: 7/8/2011
File Number. 11-00577
Agreement for the 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.
Section 2. The City Manager is authorized{1} to execute an Agreement, which is revocable
at -will, in substantially the attached form, with the Licensee, a Florida nonprofit corporation, to occupy
and use approximately 3.44 acres of the Property, which license shall provide: 1) for a use period
effective October 1, 2010, with an expiration date of September 30, 2015, and a one (1), five (5) year
renewal option, subject to three (3) months prior written notice by Licensee, and mutual consent of the
parties; 2) for Licensee to pay a monthly use fee to the City in the amount of $2,000, plus State use
tax, if applicable; past due fees of $35,650.22, to be paid in monthly installments of $594.17, over fifty
(50) months, including a lump sum payment of $5,941.70; and an additional percentage fee of twelve
percent (12%) of monthly gross revenues; 3) for an increase in the monthly use fee on October 1,
2015, to $2,500, plus State use tax, if applicable, and an increase in the additional percentage fee of
monthly gross revenues to thirteen percent (13%); and 4) that ten percent (10%) of all amounts paid to
the City to be reserved in a special account by the Finance Department for capital improvements to the
Rowing Club facility; with other terms and conditions as more particularly set forth in said Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:''
JULIE O. BRU
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.
{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 File Id: 11-00577 (Version: 1) Printed On: 7/8/2011