HomeMy WebLinkAboutR-16-0517City of Miami
Resolution R-16-0517
Legislation
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
City of Miami Page 1 of 2 File ID: 1098 (Revision: A) Printed On: 3/18/2025
File ID: 1098 Enactment Number: R-16-0517
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:
endez, City Attor8/25/2017
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.
City of Miami
Page 2 of 2 File ID: 1098 (Revision: A) Printed on: 3/18/2025