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HomeMy WebLinkAboutPre-LegislationCity of Miami Legislation Resolution: R-15-0009 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01271 Final Action Date: 1/8/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC., A DELAWARE NOT -FOR -PROFIT CORPORATION, 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 ITS RELATED ACTIVITIES AT AN ANNUAL PAYMENT OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00) AND FIFTY PERCENT (50%) OF THE INCOME RESULTING FROM ANY AND ALL FOOD AND BEVERAGE CONCESSIONS AT THE BOAT SHOW, OR ANY PARTICIPATING OFF -SITE PROPERTIES WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH LICENSE AS NEEDED, 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., a Delaware not -for -profit Corporation ("Licensee"), is engaged in the business of presenting both national and international boat show events, representing more than one thousand four hundred (1,400) companies involved in various productions used by recreational boaters, and is dedicated to creating, promoting, and protecting a safe and productive environment in which its members can achieve financial success through excellence in manufacturing, selling, and servicing their customers; and WHEREAS, the Licensee desires to use a portion of the Property, for certain specified days set forth in the License, to present to the public and operate the Miami International Boat Show ("Boat Show"); and WHEREAS, the Boat Show will celebrate its 75th anniversary in 2016, and for over 45 years has been produced in the area of Miami, Florida; and WHEREAS the Boat Show generates over $600,000,000.00 in annual economic benefit to South Florida; and WHEREAS, more than 1,500 businesses that call Miami, Florida home depend upon the Boat Show, and Florida businesses sell more than $300,000,000.00 of products at the Boat Show; and WHEREAS, the Boat Show is the premiere gathering place for more than 100,000 boaters, fifty percent (50%) of whom travel to the Boat Show from outside Florida, and ten percent (10%) of whom travel from outside the United States; and City of Miami Page 1 of 3 File Id: 14-01271 (Version: 2) Printed On: 5/18/2015 File Number: 14-01271 Enactment Number: R-I5-0009 WHEREAS, an estimated 45,000 workers prepare the Boat Show, in order to unveil the latest and most innovative in boating products; and WHEREAS, the Boat Show fills 200,000 hotel room nights; and WHEREAS, the Boat Show provides the equivalent of 6,500 full time jobs; WHEREAS, the City and Licensee desire and intend to enter into a Revocable License ("License") for the use of the Property; and WHEREAS, this License is not assignable, is not for a fixed term, and is terminable or revocable by the City at -will; and WHEREAS, this License is revocable at -will by the City Manager and without the consent of the Licensee; and WHEREAS, this License does not transfer any interest in real property, including any leasehold interest in real property owned by the City; and WHEREAS, this License permits only certain, enumerated, specific, and listed permitted uses on specified dates, and does not permit anything further; 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 a License, in substantially the attached form, with Licensee, for the use of a portion of the Property, to be used for the purposes of presenting to the public the Boat Show, and its related activities at an annual payment of one million one hundred thousand dollars ($1,100,000.00), and fifty percent (50%) of the income resulting from any and all food and beverage concessions at the Boat Show or any participating off -site properties, with the terms and conditions more particularly described in the License. Section 3. The City Manager is further authorized{1} to make non -substantive amendments to such License as needed, subject to the City Attorney's approval. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: City of Miami Page 2 of 3 File Id: 14-01271 (Version: 2) Printed On: 5/18/2015 File Number: 14-01271 Enactment Number: R-15-0009 {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: 14-01271 (Version: 2) Printed On: 5/18/2015 City of Miami Master Report Enactment Number: R-15-0009 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01271 File Type: Resolution Status: Passed Version: 2 Reference: Controlling Body: City Attorney File Name: Execute Agmt w/National Marine Manufacturer's Assoc. Introduced: 12/5/2014 Requester: Department of Real Estate and Cost: Final Action: 1/8/2015 Asset Management Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE ("LICENSE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC., A DELAWARE NOT -FOR -PROFIT CORPORATION, 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 ITS RELATED ACTIVITIES AT AN ANNUAL PAYMENT OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000.00) AND FIFTY PERCENT (50%) OF THE INCOME RESULTING FROM ANY AND ALL FOOD AND BEVERAGE CONCESSIONS AT THE BOAT SHOW, OR ANY PARTICIPATING OFF -SITE PROPERTIES WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH LICENSE AS NEEDED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. Sponsors: Notes: Indexes: Attachments: 14-01271 Summary Form.pdf,14-01271 Legislation.pdf,14-01271-Submittal-Alice Bravo -Agreement Substitution Memo.pdf,14-01271-Submittal-Alice Bravo-Presentation.pdf,14-01271-Submittal-Commissioner Sarnoff-Aerial Map Virginia Key.pdf,14-01271-Exhibit-Agreement-SUB.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City Attorney 2 City Commission 2 Office of the Mayor 2 Office of the City Clerk 2 Office of the City Attorney Action Note: 12/31/2014 Review Pending 1/8/2015 1/16/2015 1/16/2015 5/11/2015 ADOPTED WITH MODIFICATIONS Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk Reviewed and Approved MODIFICATIONS MADE TO AGREEMENT Pass City of Miami Page 1 Printed on 5/18/2015 City of Miami Legislation Resolution: R-15-0172 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00404 Final Action Date: 4/9/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST ADDENDUM TO THE REVOCABLE LICENSE AGREEMENT ("AMENDMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("LICENSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, AMENDING SECTION 21, IMPROVEMENTS, ALTERATIONS, ADDITIONS, OR REPLACEMENTS, OF THE REVOCABLE LICENSE ("LICENSE"), TO INCORPORATE THE ADDING OF ELECTRIC UTILITIES ("UTILITY WORK") TO THE PROPERTY, AS MORE PARTICULARLY DEFINED IN THE LICENSE; FURTHER INCORPORATING THE SCOPE OF WORK, WHICH IS ESTIMATED AT $3,306,000.00 WHICH IS TO BE FUNDED EQUALLY BY LICENSEE AND THE CITY; PROVIDING FOR THE CITY'S CONTRIBUTION TOWARDS THE COST OF THE UTILITY WORK TO BE ALLOCATED FROM CAPITAL PROJECT, B-40668, MARINE STADIUM PARK DEVELOPMENT; FURTHER REAFFIRMING THAT THE CITY'S AGGREGATE CONTRIBUTIONS TOWARDS THE COST OF IMPROVEMENTS TO THE PROPERTY 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 CITYATTORNEY'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 No. 15-0009 adopted on January 8, 2015, the City Commission authorized the City Manager execute a Revocable License ("License") with 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, Licensee now seeks to facilitate the addition of electric utilities on the Property, as described in the attached "Exhibit A," Scope of Work, at an estimated cost of $3,306,000.00, 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 Property; and WHEREAS, Licensee has agreed to contribute fifty percent (50%) of the total costs of the improvements as detailed in the Scope of Work; and WHEREAS the Boat Show generates over $600,000,000.00 in annual economic benefit to South Florida; and City of Miami Page 1 of 3 File Id: 15-00404 (Version: 2) Printed On: 5/18/2015 File Number- 15-00404 Enactment Number: R-15-0172 WHEREAS, more than 1,500 businesses that call the City home depend upon the Boat Show, and Florida businesses sell more than $300,000,000 of products at the Boat Show; and WHEREAS, the Boat Show is the premiere gathering place for more than 100,000 boaters, fifty percent (50%) of whom travel to the Boat Show from outside Florida, and ten percent (10%) of whom travel from outside the United States; and WHEREAS, an estimated 45,000 workers prepare the Boat Show, in order to unveil the latest and most innovative in boating products; and WHEREAS, the Boat Show fills 200,000 hotel room nights; and WHEREAS, the Boat Show provides the equivalent of 6,500 full time jobs; 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 first addendum to the License, in substantially the attached form, with Licensee, to amend Section 21, Improvements, Alterations, Additions, or Replacements, of the License to incorporate the adding of electric utilities as detailed in "Exhibit A," Scope of Work, attached and incorporated, 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 Scope of Work is estimated at $3,306,000.00 which is to be funded equally by Licensee and the City with each party contributing $1,653,000.00 to the cost of improvements. Section 4. The City's contribution of $1,653,000.00 will be allocated from Capital Project B-40668, Marine Stadium Park Development. Section 5. 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 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: City of Miami Page 2 of 3 File Id: 15-00404 (Version: 2) Printed On: 5/18/2015 File Number: 15-00404 Enactment Number: R-15-0172 {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: 15-00404 (Version: 2) Printed On: 5/18/2015 City of Miami Master Report Enactment Number: R-15-0172 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00404 Version: 2 File Type: Resolution Reference: Controlling Body: Office of the City Clerk File Name: Auth. Amendment - NMMA Rev. License Agrmt. Introduced: 3/23/2015 Requester: Department of Capital Cost: Final Action: 4/9/2015 Improvement Programs/Transportation Status: Passed Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST ADDENDUM TO THE REVOCABLE LICENSE AGREEMENT ("AMENDMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE MANUFACTURER'S ASSOCIATION INC. ("LICENSEE"), IN SUBSTANTIALLY THE ATTACHED FORM, AMENDING SECTION 21, IMPROVEMENTS, ALTERATIONS, ADDITIONS, OR REPLACEMENTS, OF THE REVOCABLE LICENSE ("LICENSE"), TO INCORPORATE THE ADDING OF ELECTRIC UTILITIES ("UTILITY WORK") TO THE PROPERTY, AS MORE PARTICULARLY DEFINED IN THE LICENSE; FURTHER INCORPORATING THE SCOPE OF WORK, WHICH IS ESTIMATED AT $3,306,000.00 WHICH IS TO BE FUNDED EQUALLY BY LICENSEE AND THE CITY; PROVIDING FOR THE CITY'S CONTRIBUTION TOWARDS THE COST OF THE UTILITY WORK TO BE ALLOCATED FROM CAPITAL PROJECT, B-40668, MARINE STADIUM PARK DEVELOPMENT; FURTHER REAFFIRMING THAT THE CITY'S AGGREGATE CONTRIBUTIONS TOWARDS THE COST OF IMPROVEMENTS TO THE PROPERTY 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. Sponsors: Notes: Indexes: Attachments: 15-00404 Summary Form.pdf,15-00404 Pre-Legislation.pdf,15-00404 Legislation.pdf,15-00404 Exhibit A SUB.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City Attorney 2 City Commission 4/9/2015 2 Office of the Mayor 4/16/2015 2 Office of the City Clerk 4/16/2015 3/31/2015 Review Pending ADOPTED WITH MODIFICATIONS Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk Pass City of Miami Page 1 Printed on 5/18/2015 City of Miami Master Report Enactment Number: R-15-0172 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 2 Office of the City 5/12/2015 Reviewed and Approved Attorney Action Note: MODIFICATIONS MADE TO EXHIBITA City of Miami Page 2 Printed on 5/18/2015