HomeMy WebLinkAboutResolutionCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00105 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RESCINDING RESOLUTION NO. 04-0200, ADOPTED APRIL 8,
2004, THAT AUTHORIZED THE CITY MANAGER TO EXECUTE A REVOCABLE
LICENSE AGREEMENT WITH MIAMI ROWING AND WATERSPORTS CENTER,
INC. ("MRWC"); AUTHORIZING THE CITY MANAGER TO EXECUTE THE
DOCUMENTS NECESSARY TO TERMINATE ANY AND ALL RIGHTS OF MRWC,
WHETHER EXPRESS OR IMPLIED, WHETHER SUCH RIGHTS WERE
EXPRESSED ORALLY OR IN WRITING, FOR THE USE AND OCCUPANCY OF
PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA
("PROPERTY"), AS DESCRIBED IN "EXHIBIT A," ATTACHED AND
INCORPORATED, FROM JANUARY 1, 2004 - FEBRUARY 28, 2005; ACCEPTING
AN AMOUNT OF $85,339.31 FROM MRWC AND THE PROGRAM
OPERATOR(S) AS CONSIDERATION FOR OCCUPANCY AND USE OF THE
PROPERTY DURING SUCH TIME; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
SWIM GYM AQUATICS, INC. , A FOR -PROFIT CORPORATION, TO OCCUPY AND
USE APPROXIMATELY 1.03 ACRES OF THE CITY -OWNED PROPERTY, FOR A
PERIOD NOT TO EXCEED SEPTEMBER 30, 2005, SUBJECT TO TERMS SET
FORTH HEREIN AND AS MORE PARTICULARLY 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. 03-1260, adopted December 18, 2003, authorized Miami Rowing and
Watersports Center, Inc. ("MRWC"), to occupy the Property, from January 1, 2004 - February 28,
2004, operate its rowing program, provide water recreational opportunities and also authorized the
City Manager to negotiate a revocable license agreement to provide continued use of the Property
and present the negotiated license agreement to the City Commission for approval; and
WHEREAS, Resolution No. 04-0200, adopted April 8, 2004, authorized the City Manager to
execute a revocable license agreement ("Agreement"), effective March 1, 2004, with MRWC for
continued use of the Property; and
WHEREAS, the Agreement provided for a one-year term commencing on the effective date, with
options to extend the Agreement for five (5) additional one-year terms subject to the mutual consent
of the parties, payments of an initial use fee not to exceed $500 per month, a twelve percent fee of
gross revenues from MRWC and each program operator; and
WHEREAS, in total, the City has received funds in the amount of $85,339.31 from MRWC and
the program operator as consideration for the occupancy and use of the Property from January 1,
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File Number: 05-00105
2004 - February 28, 2005; and
WHEREAS, the City wishes to rescind Resolution No. 04-0200, due to unforeseen circumstances
affecting the terms of the agreement between MRWC and Swim Gym, Acquatics, Inc. ("Swim Gym"),
a program operator, that have become irresolvable; and
WHEREAS, the City and Swim Gym feel it is in the best interest of the parties to enter into an
agreement to provide water recreational and educational opportunities at the Property;
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. Resolution No. 04-0200, adopted April 8, 2004, that authorized the City Manager to
execute an Agreement with MRWC is rescinded.
Section 3. The City Manager is authorized{1} execute the documents necessary to terminate any
and all rights of MRWC, whether express or implied, whether expressed orally or in writing, for the
use of the Property, as described in "Exhibit A," attached and incorporated, from January 1, 2004 -
February 28, 2005.
Section 4. The Miami City Commission accepts an amount of $85,339.31 from MRWC and the
program operator(s) as consideration for the occupancy and use of the Property during such time.
Section 5. The City Manager is further authorized{1} to execute an Agreement, in a form
acceptable to the City Attorney, with Swim Gym ("Licensee") to occupy and use approximately 1.03
acres of the City -owned Property and the license shall provide: 1) for a period not to exceed
September 30, 2005; 2) the Licensee the authority to enter into professional service agreements with
program operator(s) to provide water recreational and educational opportunities, subject to the City
Manager's approval, which approval may be conditioned or withheld in his sole discretion; 3) Licensee
to pay a $500 monthly use fee to the City plus Florida State Use Tax, if applicable; 4) Licensee and
each program operator to pay the City twelve percent (12%) of their respective monthly gross
revenues on or before the 30th day following the end of each quarter, plus Florida State Use Tax, if
applicable; and 5) Licensee shall be responsible for all nonstructural repairs and maintenance, 6)
Licensee shall pay all ad valorem taxes and assessments when applicable, and 7) with other terms
and conditions as more particularly set forth in the Agreement.
Section 6. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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File Number: 05-00105
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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.
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