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HomeMy WebLinkAboutresolution (2)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.u,a 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 textend theof an initial Agreement for five (5) use fee not to exceedlonal one-year terms subject to the mutual consent cif $500 per month, a twelve percent fee of gross the parties, payments 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, 2004 - February 28, 2005; and Anciffs File Number: 05-00105 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} File Number: 05-00105 APPRSVED AS TO FORM AND CORRECTNESS:t/ JORE . FERNANDEZ j T ORNEY 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.