HomeMy WebLinkAboutR-16-0519City of Miami
Resolution R-16-0519
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1100 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"), BAYSIDE SEAFOOD RESTAURANT,
INC. ("BAYSIDE SEAFOOD"), AND NATIONAL MARINE MANUFACTURERS
ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND BAYSIDE
SEAFOOD GRANT TO NMMA TEMPORARY ACCESS RIGHTS TO USE
CERTAIN CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER
CAUSEWAY MIAMI, FL 33149 ("PREMISES"), AS MORE SPECIFICALLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE
PURPOSE OF PROVIDING RESTROOMS, EXHIBITION SPACE, AND
CONCESSION SPACE, INCLUDING, BUT NOT LIMITED TO, INSTALLING
TEMPORARY TENTS, ACCESSING AND USING UTILITIES, PREPARING
FOOD AND BEVERAGE AREAS, AND OTHER ANCILLARY USES 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 3501
Rickenbacker Causeway Miami, Florida 33149 ("Premises"); 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; 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
City of Miami Page 1 of 2 File ID: 1100 (Revision: A) Printed On: 3/18/2025
File ID: 1100 Enactment Number: R-16-0519
WHEREAS, the City and Bayside Seafood grant to NMMA temporary access rights to
use Premises, as more specifically described in Exhibit "A," attached and incorporated herein,
for the purposes of providing restrooms, exhibition space, and concession space, including, but
not limited to, installing temporary tents, accessing and using utilities, preparing food and
beverage areas, and other ancillary uses 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");
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 Access
Agreement, in substantially the attached form, between the City, Bayside Seafood Restaurant,
Inc. ("Bayside Seafood"), and NMMA, whereby the City and Bayside Seafood grant to NMMA,
temporary access rights to use the Premises for the purposes of providing restrooms, exhibition
space, and concession space, including, but not limited to, installing temporary tents, accessing
and using utilities, preparing food and beverage areas, and other ancillary uses 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 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, City ttor ey 8/25/2017
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: 1100 (Revision: A) Printed on: 3/18/2025