HomeMy WebLinkAboutR-18-0021City of Miami
Resolution R-18-0021
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3535 Final Action Date: 1/11/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE
AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE MIAMI CHILDREN'S MUSEUM ("MCM"), A FLORIDA
NOT FOR PROFIT CORPORATION ("LICENSEE"), FOR THE USAGE OF
APPROXIMATELY 26,599 SQUARE FEET OF THE CITY OF MIAMI ("CITY")
OWNED PROPERTY LOCATED ON WATSON ISLAND IN THE CITY OF
MIAMI, FLORIDA ("PROPERTY"), TO IMPROVE THE LAND TO CREATE AND
MAINTAIN A PASSIVE PARK, SUBJECT TO ALL APPLICABLE PERMITS, AT
NO EXPENSE TO THE CITY, WITH SAID LICENSE BEING FOR A TERM OF
ONE DAY LESS THAN A YEAR (364 DAYS), NON -ASSIGNABLE AND
REVOCABLE AT WILL BY THE CITY WITHOUT THE CONSENT OF THE
LICENSEE, PERMITTING ONLY THOSE CERTAIN, ENUMERATED, AND
SPECIFICALLY LISTED USES AND NO OTHERS, NOT CONFERRING ANY
RIGHT TO USAGE OF THE PROPERTY FOR ANY GENERAL PURPOSE, NOT
ENCUMBERING THE PROPERTY IN ANY WAY, VESTING ALL
IMPROVEMENTS MADE TO THE PROPERTY IN THE CITY; AND NOT
CONVEYING OR TRANSFERRING ANY RIGHT TO EXCLUDE THE CITY
FROM THE PROPERTY, WITH OTHER TERMS AS DESCRIBED IN THE
LICENSE.
WHEREAS, the Miami Children's Museum ("MCM") constructed, operates, and
maintains a children's museum located on Watson Island at 980 MacArthur Causeway, Miami,
Florida ("Property"); and
WHEREAS, on January 11, 2018, the Miami Children's Museum appeared at the Miami
City Commission meeting and requested permission to negotiate a revocable license agreement
with the City for a term of one day less than a year (364 days) in order to improve an
approximately 26,599 square foot area ("the Area") immediately adjacent to the MCM main
entrance into a passive park; and
WHEREAS, MCM averred that they would pay all costs associated with the cleaning of
the Area, the construction of a passive park and the continued maintenance of the park during
the term of the revocable license agreement; and
WHEREAS, MCM acknowledged that they would request and obtain any and all
applicable permits prior to the commencement of any work in the Area; and
WHEREAS, MCM acknowledged that the revocable license agreement would not
convey to MCM any right, title or interest in the approximately 26,599 square feet of property or
in the proposed improvements; and
City of Miami
Rescinded by R-18-0022
Page 1 of 2 File ID: 3535 (Revision:) Printed On: 3/28/2025
File ID: 3535 Enactment Number: R-18-0021
WHEREAS, MCM further agreed to defend, indemnify and hold the City harmless,
against any and all claims relating to the use, improvement and maintenance of the proposed
improvements to the Area;
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 Resol 'on are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission authorizes the City Manager to negotiate and execute
a revocable license agreement ("License"), in a form acceptable to the City Attorney, with the
Miami Children's Museum ("MCM"), a Florida not for profit corporation ("Licensee"), for the
usage of approximately 26,599 square feet of City of Miami ("City") owned property located on
Watson Island in the City of Miami, Florida ("Property"), to improve the land to create and
maintain a passive park at no expense to the City, subject to all applicable permits, with said
License being for a term of one day less than a year (364 days), non -assignable and revocable
at will by the City without the consent of the Licensee, permitting only those certain,
enumerated, and specifically listed uses and no others, not conferring any right to usage of the
property for any general purpose, not encumbering the property in any way, vesting all
improvements made to the property in the city; and not conveying or transferring any right to
exclude the City from the Property, with other terms as described in the License.
1
Section 4. This Resolution shall b co effective •immediately upon its adoption and
signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNE S: ii
r
1 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.
ng61P1td by R-18-0022
Page 2 of 2 File ID: 3535 (Revision:) Printed on: 3/28/2025