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HomeMy WebLinkAboutR-15-0237City of Miami Legislation Resolution: R-15-0237 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00568 Final Action Date: 5/28/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), BAYSIDE SEAFOOD RESTAURANT, INC. ("BAYSIDE SEAFOOD"), AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND BAYSIDE SEAFOOD GRANT TO NMMA, TEMPORARY ACCESS RIGHTS, TO USE THE RESTAURANT FACILITIES AND THE PARKING LOT OF CERTAIN CITY -OWNED PROPERTY CURRENTLY LICENSED TO BAYSIDE SEAFOOD, AND LOCATED AT 3501 RICKENBACKER CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSE OF PROVIDING RESTROOMS, EXHIBITION SPACE, AND CONCESSION SPACE, INCLUDING, BUT NOT LIMITED TO, INSTALLING TEMPORARY TENTS, ACCESSING AND USING UTILITIES, PREPARING FOOD AND BEVERAGE AREAS, AND OTHER ANCILLARY USES DURING THE BOAT SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. WHEREAS, the City of Miami ("City") is the owner of the property located at 3501 Rickenbacker Causeway Miami, FL 33149 ("Premises"); and WHEREAS, the City Commission adopted Resolution R-15-0009 on January 8, 2015, authorizing the City Manager to execute a Revocable License ("License") between the City and National Marine Manufacturer's Association Inc. ("NMMA") for the use of a portion of Virginia key upland and submerged lands (collectively, the "Property"), to be used for the purposes of presenting to the public the Miami International Boat Show ("Boat Show"); and WHEREAS, NMMA will pay the City fifty percent (50%) of profits obtained as a result of the Boat Show per the Boat Show License; and WHEREAS, the License further authorized the creation of Access Agreements along Virginia Key to implement the License and be incorporated as Exhibits thereto, subject to City Commission approval; and WHEREAS, the City and Bayside Seafood grant to NMMA, temporary access rights, to use the restaurant facilities and parking lot of certain portion of the Premises, and more specifically described in Exhibit "A", attached hereto, for the purpose of providing restrooms, exhibition space, and concession space, including, but not limited to, installing temporary tents, accessing and using utilities, preparing food and beverage areas, and other ancillary uses during the Boat Show. City of Miami Page 1 of 2 File Id: 15-00568 (Version: 21 Printed On: 3/2/2018 File Number: 15-00568 Enactment Number: R-15-0237 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 fully set forth in this Section. Section 2. The City Manager is authorized{1} and directed to execute an Access Agreement, in substantially the attached form, between the City of Miami ("City"), Bayside Seafood Restaurant, Inc. ("Bayside Seafood"), and National Marine Manufacturer's Association Inc. ("NMMA"), the City and Bayside Seafood grant to NMMA, temporary access rights, to use the restaurant facilities and parking lot of certain portion of the Premises, for the purpose of providing restrooms, exhibition space, and concession space, including, but not limited to, installing temporary tents, accessing and using utilities, preparing food and beverage areas, and other ancillary uses during the Boat Show. Section 3. The City Manager is authorized{1} to make non -substantive amendments to such Access Agreement as needed, subject to the City Attorney's approval. Section 4. This Resolution shall become effective immediately upon 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 (10) 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: 15-00568 (Version: 21 Printed On: 3/2/2018