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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1098 Date: 10/11/2016 Commission Meeting Date: 10/27/2016 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Agrmnt - Miami Rowing Club Boat Show Access Purpose of Item: 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"), Miami Rowing & Watersports Center, Inc. ("Miami Rowing Club") and National Marine Manufacturer's Association Inc. ("NMMA"), Whereby the City and Miami Rowing Club grant to NMMA temporary access rights, to use certain City -owned property located at 3601 Rickenbacker Causeway Miami, FL 33149 ("Premises"), as more specifically described in Exhibit "A", attached hereto, for the purpose of operating concessions Of food and drink, staging, accessing and using utilities, providing rowing demonstrations and lessons, and other ancillary uses in preparation for and during the Miami International Boat Show ("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. Background of Item: The City of Miami ("City") is the owner of the property located at 3601 Rickenbacker Causeway Miami, FL 33149 ("Premises"). The City licensed the Premises to Miami Rowing & Watersports Center, Inc. ("Miami Rowing Club") on December 16, 2011. The City Commission adopted Resolution R-15-0009 on 01/08/2015 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"). NMMA will pay the City fifty percent (50%) of profits obtained as a result of the Boat Show per the Boat Show License. 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. City and Miami Rowing Club grant to NMMA temporary access rights, to use the Premises, more specifically described in Exhibit "A", attached hereto, for the purpose of operating concessions of food and drink, staging, accessing and using utilities, providing rowing demonstrations and lessons, and other ancillary uses for the 2017 Boat Show and future Boat Shows. Additionally, the City shall apply the Use Fee to the maintenance, upkeep, and betterment of the Miami Rowing Club, to the extent that such Use Fee is generated directly on or from the Premises Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: 50% of Profits from Parking and Concessions generated on the site, as applicable General Account No: TBD Real Estate and Asset Management Office of Management and Budget Office of Management and Budget Department of Risk Management City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Legislative Division Office of the Mayor Office of the City Clerk Legislative Division Office of the City Attorney Reviewed B Aldo Bustamante Everton Garvis Christopher M Rose Ann -Marie Sharpe Alberto N. Parjus Daniel J. Alfonso Valentin J Alvarez Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office Mayor's Office City Clerk's Office Valentin J Alvarez Victoria Mendez Department Head Review Budget Analyst Review Budget Review Risk Review Assitant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Approved as to Form and Correctness Meeting Completed Review Pending Skipped Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed Approved Form and Correctness with Modification(s) Completed Completed Completed Completed Completed Completed Completed Completed 10/13/2016 11:18 AM 10/13/2016 2:56 PM 10/14/2016 3:59 PM 10/17/2016 11:57 AM 10/17/2016 12:17 PM 10/17/2016 12:31 PM 10/17/2016 3:21 PM 10/17/2016 10:34 PM Completed 10/27/2016 9:00 AM 11/04/2016 5:24 PM 11/04/2016 5:25 PM 11/04/2016 6:14 PM 06/22/2017 3:34 PM Completed City of Miami Legislation Resolution Enactment Number: R-16-0517 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1098 Final Action Date:10/27/2016 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"), MIAMI ROWING & WATERSPORTS CENTER, INC. ("MIAMI ROWING CLUB") AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND MIAMI ROWING CLUB GRANT TO NMMA TEMPORARY ACCESS RIGHTS TO USE CERTAIN CITY -OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY MIAMI, FLORIDA 33149 ("PREMISES"), AND AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED HEREIN, FOR THE PURPOSES OF OPERATING CONCESSION OF FOOD AND DRINK, STAGING, ACCESSING AND USING UTILITIES, PROVIDING ROWING DEMONSTRATIONS AND LESSONS, AND OTHER ANCILLARY USES IN PREPARATION FOR AND DURING THE 2017 MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW') AND FUTURE BOAT SHOWS, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT ("AGREEMENT"), PROVIDED THAT TO THE EXTENT PUBLIC ACCESS TO THE SHORELINE IS PROVIDED BY THE LAWS OF THE STATE OF FLORIDA SUCH ACCESS SHALL NOT BE LIMITED BY THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON - SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS NEEDED. WHEREAS, the City of Miami ("City") is the owner of the property located at 3601 Rickenbacker Causeway Miami, Florida 33149 ("Premises"); and WHEREAS, the City licensed the Premises to Miami Rowing & Watersports Center, Inc. ("Miami Rowing Club") on December 16, 2011; and WHEREAS, the City Commission adopted Resolution No. 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 purpose of presenting to the public the Miami International Boat Show ("Boat Show"); and WHEREAS, NMMA will pay the City fifty percent (50%) of the profits obtained as a result of the Boat Show per the Boat Show License ("Use Fee"); 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 Miami Rowing Club grant to NMMA temporary access rights to use certain portion of the Premises, as more specifically described in Exhibit "A", attached and incorporated herein, for the purposes of operating concessions, staging, accessing and using utilities, providing rowing demonstrations and lessons, and other ancillary uses in preparation for and during the 2017 Boat Show and future Boat Shows; and WHEREAS, to the extent public access to the shoreline is provided by the laws of the State of Florida such access shall not be limited by this Access Agreement ("Agreement"); WHEREAS, the City shall apply the Use Fee to the maintenance, upkeep, and betterment of the Miami Rowing Club, to the extent that such Use Fee is generated directly on or from the Premises; 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. The City Manager is authorized and directed to execute an Agreement, in substantially the attached form, between the City, Miami Rowing Club and NMMA, whereby the City and Miami Rowing Club grant to NMMA temporary access rights to use a certain portion of the Premises for the purposes of operating concessions, staging, accessing and using utilities, providing rowing demonstrations and lessons, and other ancillary uses in preparation for and during the 2017 Boat Show and future Boat Shows, provided that to the extent public access to the shoreline is provided by the laws of the State of Florida such access shall not be limited by the Agreement. Section 3. The City Manager is further authorized' to make non -substantive amendments to such Access Agreement, in a form acceptable to the City Attorney, as needed. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 10/18/2016 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 City 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.