HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00472 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND ADDENDUM TO
THE REVOCABLE LICENSE ("SECOND AMENDMENT"), BETWEEN THE CITY OF
MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC.,
("LICENSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, AMENDING "EXHIBIT
D" AND "SECTION 21, IMPROVEMENTS, ALTERATIONS, ADDITIONS, OR
REPLACEMENTS", OF THE REVOCABLE LICENSE ("LICENSE") TO
INCORPORATE THE ADDING OF ADDITIONAL ELECTRIC UTILITIES
("ADDITIONAL UTILITY WORK") TO THE PROPERTY, AS MORE PARTICULARLY
DEFINED IN THE LICENSE; FURTHER INCORPORATING THE SCOPE OF THE
ADDITIONAL UTILITY WORK, WHICH IS ESTIMATED AT $1,600,000.00 WHICH IS
TO BE COMPLETELY FUNDED BY LICENSEE AND PAID UPFRONT TO THE CITY
IN ORDER FOR THE ADDITIONAL UTILITY WORK TO COMMENCE; FURTHER
REAFFIRMING THAT THE CITY'S AGGREGATE CONTRIBUTIONS TOWARDS THE
COST OF IMPROVEMENTS TO THE PROPERTY FOR PROJECT B-40668,
MARINE STADIUM PARK DEVELOPMENT, SHALL NOT EXCEED $16,000,000.00;
PROVIDING FOR ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE AMENDMENT, IN A MANNER ACCEPTABLE
TO THE CITY MANAGER AND SUBJECT TO THE CITY ATTORNEY'S APPROVAL.
WHEREAS, the City of Miami ("City") is the owner of the real property of Virginia Key, that
includes the upland and submerged lands (collectively, the "Property"); and
WHEREAS, the National Marine Manufacturer's Association Inc. ("Licensee"), a Delaware
not -for -profit Corporation, is engaged in the business of presenting both national and international boat
show events; and
WHEREAS, pursuant to City Resolution R-15-0009 adopted on January 8, 2015, the City
Commission authorized the City Manager to execute a Revocable License ("License") with National
Marine Manufacturer's Association Inc. ("Licensee") for the use of a portion of the Property, for certain
specified days set forth in the License, to present to the public and to operate the Miami International
Boat Show ("Boat Show"); and
WHEREAS, pursuant to City Resolution No. R-15-0172, adopted on April 9, 2015, the City
Commission authorized the City Manager to execute the First Amendment to the License to authorize
expenses associated with the adding of electric utilities to the Property at an estimated cost of
$1,653,000.00, pending the final invoice from Florida Power & Light ("FPL"), to be funded by Licensee;
and
WHEREAS, Licensee seeks to facilitate the adding of electric utilities to the Property where the
Boat Show will occur for the general health, welfare and safety of the general public, and to improve
convenience, ease, visibility, comfort and accessibility to the general public and patrons of the boat
Show and the Park ; and
City of Miami Page 1 of 3 File Id: 15-00472 (Version: 11 Printed On: 5/18/2015
File Number: 15-00472
WHEREAS, Licensee has now requested additional electric services to include the building and
installation of an electric grid, as more particularly described in Attachment A ("Additional Utility Work")
and anticipates the costs of the Additional Utility Work at $1,600,000.00 ("Additional Utility Work
Estimate"), to be fully funded by Licensee, bringing the Licensee's total contribution to $3,253,000.00;
and
WHEREAS, the City wishes to accommodate the request by Licensee by authorizing the
"Additional Utility Work" on the Property and to carry out the "Additional Utility Work" and seeks to
have the City Manager to execute a Second Amendment to the License to accommodate this request;
and
WHEREAS, due to the large financial contribution by Licensee to upgrade the electrical utilities
at the Property, should there be a non -City sponsored event where a commercial electrical contract is
utilizing the electric grid paid for by Licensee, the City would negotiate an appropriate fee to be paid to
Licensee for use of the electrical utilities; and
WHEREAS, Licensee has agreed to pay upfront to the City the amount of $1,600,000.00 of the
Additional Utility Work Estimate in order for the Additional Utility Work to commence; and
WHEREAS, Licensee has agreed to promptly pay the City any costs in connection with the
Additional Utility Work in excess of the Additional Utility Work Estimate; and
WHEREAS, this Amendment will also serve to revise Section 35 of the License, Public
Records;
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 } to execute the Second Amendment to the
License, in substantially the attached form, with Licensee, amending "Exhibit D" and "Section 21,
Improvements, Alterations, Additions, or Replacements", of the License to incorporate the adding of
additional electric utilities as detailed in Attachment A, Scope of Additional Utility Work, further
providing for additional terms and conditions as more particularly set forth in the Amendment in a
manner acceptable to the City Manager, subject to approval by the City Attorney.
Section 3. The cost of improvements of the Additional Utility Work is estimated at
$1,600,000.00 to be fully funded by Licensee and paid upfront to the City prior to commencement of
the Additional Utility Work.
Section 4. The License shall reaffirm that the City's aggregate contribution towards the making
of improvements to the Property shall not exceed $16,000,000.00.
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 2 of 3 File Id: 15-00472 (Version: 1) Printed On: 5/18/2015
File Number: 15-00472
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 3 of 3 File Id: 15-00472 (Version: 1) Printed On: 5/18/2015