HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00565 Final Action Date:
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"), SPECIALTY RESTAURANTS CORPORATION ("RUSTY
PELICAN") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC.
("NMMA"), WHEREBY THE CITY AND RUSTY PELICAN GRANT TO NMMA,
TEMPORARY ACCESS RIGHTS, TO USE THE CITY -OWNED PROPERTY LEASED
BY RUSTY PELICAN, AND LOCATED AT 3201 RICKENBACKER CAUSEWAY
MIAMI, FL 33149 ("PREMISES"), AS MORE SPECIFICALLY DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO, FOR THE PURPOSE OF PROVIDING
EXHIBITION AND CONCESSION SPACE, INCLUDING, BUT NOT LIMITED TO,
INSTALLING TEMPORARY TENTS, ACCESSING AND USING UTILITIES,
PREPARING FOOD AREAS, AND OTHER ANCILLARY USES DURING THE BOAT
SHOW, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY
DESCRIBED IN THE ACCESS AGREEMENT; AND FURTHER AUTHORIZING THE
CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH
ACCESS AGREEMENT AS NEEDED, SUBJECT TO THE CITYATTORNEY'S
APPROVAL.
WHEREAS, the City of Miami ("City") is the owner of the property located at 3201
Rickenbacker Causeway Miami, FL 33149 ("Premises"); and
WHEREAS, the City leased the Premises to Specialty Restaurants Corporation ("Rusty
Pelican") on February 13, 1970; 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 Rusty Pelican grant to NMMA, temporary access rights, to use the
parking lot and restaurant on the Premises leased by Rusty Pelican, and more specifically described in
Exhibit "A", attached hereto, for the purpose of providing exhibition and concession space, including,
but not limited to, installing temporary tents, accessing and using utilities, preparing food areas, and
other ancillary uses during the Boat Show.
City of Miami Page 1 of 2 File Id: 15-00565 (Version: 1) Printed On: 5/18/2015
File Number.' 15-00565
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"), Specialty Restaurants Corporation
("Rusty Pelican") and National Marine Manufacturer's Association Inc. ("NMMA"), whereby the City and
Rusty Pelican grant to NMMA, temporary access rights, to use the parking lot and restaurant of certain
City -owned property leased by Rusty Pelican for the purpose of providing exhibition and concession
space, including, but not limited to, installing temporary tents, accessing and using utilities, preparing
food 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}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
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 (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: 15-00565 (Version: 1) Printed On: 5/18/2015