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HomeMy WebLinkAboutpre resolution2City of Miami Legislation Resolution: R-03-1260 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miaml.fl.us File Number: 03-0339a Final Action Date:12/18/2003 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING MIAMI ROWING AND WATERSPORTS CENTER, INC. ("MRWC") TO OCCUPY APPROXIMATELY 1.14 ACRES OF CITY -OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI FLORIDA, COMMENCING JANUARY 1, 2004, FOR A PERIOD OF SIXTY (60) DAYS, SUBJECT TO MRWC: (1) PROVIDING INSURANCE AND INDEMNIFYING, PROTECTING, DEFENDING AND HOLDING THE CITY OF MIAMI ("CITY") HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, DAMAGES OR CAUSES OF ACTION OF WHATEVER NATURE ARISING OUT OF THE USE OR OPERATION OF THE PROPERTY OR THE SURROUNDING AREAS; AND (2) PAYING MONTHLY FEES OF $500 PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE A REVOCABLE LICENSE AGREEMENT (" AGREEMENT"), REVOCABLE AT -WILL, WITH MRWC, TO PROVIDE FOR CONTINUED USE OF THE PROPERTY; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 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. 02-40, adopted January 10, 2002, authorized the City Manager to execute a Management Agreement ("Agreement") with Barry University for an initial term of two (2) years and six months, with the option to extend for one addition three-year period, to operate its rowing program and provide water recreational and educational opportunities at the Property; and WHEREAS, the initial term of the Agreement expires December 31, 2003, and Barry University has expressed to the City that it does not intend to extend the Agreement; and WHEREAS, Miami Rowing and Watersports Center, Inc. ("MRWC"), a service provider at the Property under the Agreement, wishes to continue its rowing program and provide water recreational and educational opportunities at the Property under a Revocable License Agreement ("License Agreement")revocable at will, once the Agreement with Barry University expires on December 31, 2003; and WHEREAS, the City and MRWC find it to be in the best interest of the parties, and the general public, to allow MRWC to continue water recreational and educational opportunities at the Property on a temporary basis while the parties negotiate a License Agreement; ildiprgiga JEdIiGI�IYi File Number: 03-0339a Enactment Number: R-09-I260 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: 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. MRWC is authorized to occupy approximately 1.14 acres of City -owned property located at 3601 Rickenbacker Causeway, Miami, Florida, commencing January 1, 2004, for a period of sixty (60) days, subject to MRWC: (1) providing insurance and indemnifying, protecting, defending and holding the City harmless from and against all claims, suits, actions, damages or causes of nature arising out of the use or operation of the Property or the surrounding areas; and (2) paying the City a monthly fee of $500 plus State of Florida Use Tax, if applicable; authorizing the City Manager to execute any necessary document(s), in a form acceptable to the City Attorney, for said purpose. Section 3. The City Manager is directed to negotiate a License Agreement, revocable at -will, with MRWC, to provide for continued use of the property and directing the City Manager to present the negotiated License Agreement to the City Commission for approval. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: {1} 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.