HomeMy WebLinkAboutpre resolution1City of Miami
Legislation
Resolution: R-04-0200
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.mlami.fl.us
File Number: 04-00150 Final Action Date:4/8/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH MIAMI ROWING AND WATERSPORTS
CENTER, INC. ("LICENSEE") A NONPROFIT CORPORATION, TO OCCUPY
AND USE APPROXIMATELY 1.03 ACRES OF CITY -OWNED PROPERTY
LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO
PROVIDE FOR: (1) A ONE-YEAR TERM THAT SHALL COMMENCE ON THE
EFFECTIVE DATE, WITH AN OPTION TO EXTEND FOR FIVE (5)
ADDITIONAL ONE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF
THE PARTIES; (2) LICENSEE SHALL PAY AN INITIAL USE FEE IN AN
AMOUNT NOT TO EXCEED $500 PER MONTH, PLUS STATE OF FLORIDA
USE TAX, IF APPLICABLE, FOR A SIX-YEAR.(6) PERIOD; (3) LICENSEE MAY
ENTER INTO PROFESSIONAL SERVICE AGREEMENTS WITH PROGRAM
OPERATORS FOR THE PURPOSE OF OPERATING AND MAINTAINING
WATER RECREATIONAL AND EDUCATIONAL OPPORTUNITIES; AND (4)
LICENSEE AND EACH PROGRAM OPERATOR SHALL PAY THE CITY OF
MIAMI 12°/0 OF THEIR RESPECTIVE MONTHLY GROSS REVENUES, AS SET
FORTH IN THE 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, Resolution No. 03-339a, adopted December 18, 2003, authorized Miami Rowing
and Watersports Center, Inc., ("Licensee") to occupy the Property for a period of sixty days from
January 1, 2004, to continue operating its rowing program and provide water recreational and
educational opportunities at the Property; and
WHEREAS, on January 13, 2004, the City Waterfront Board recommended approval of the
Revocable License Agreement ("Agreement") and further requested Licensee to expand its
program offerings;
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 a Revocable License Agreement,
("Agreement") revocable at -will, in substantially the attached form, with Miami Rowing and
Watersports Center, Inc. ("Licensee") to occupy approximately 1.03 acres of City -owned property
File Number: 04-00150 Enactment Number: R-04-0200
located at 3601 Rickenbacker Causeway, Miami, Florida, to provide for: (1) a one-year term that
shall commence on the effective date, with an option to extend for five (5) additional one-year
periods subject to mutual consent of the parties; (2) Licensee shall pay the City an initial use fee,
in an amount not to exceed $500 per month, for a six -year period, plus State of Florida Use Tax, if
applicable; (3) Licensee may enter into professional service agreements with program operators
for the purpose of operating and maintaining water recreational and educational opportunities; and
(4) Licensee and each program operator shall pay the City 12% of their respective monthly gross
revenues, as set forth in the Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
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.