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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7013 Date: 01/08/2020 Commission Meeting Date: 02/24/2020 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute Agreement - Waterborne Transportation Services Purpose of Item: A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute a terminable at -will License Agreement, attached hereto, between Poseidon Ferry LLC and the City of Miami ("City") for use of City -owned property, located at the Miami Convention Center, for Miami -Dade County sponsored waterborne transportation services, in a form acceptable to the City Attorney, inclusive of those certain terms and conditions more particularly described therein. Background of Item: The City of Miami ("City") is the fee simple owner of the property located in the greater Miami downtown area known as the Miami Convention Center. The Miami Convention Center abuts the Miami River and is improved with the James L. Knight Center ("JLKC") and the Hyatt Regency Miami ("Hyatt"). Miami -Dade County ("County") brought forth a waterborne transportation operator — Poseidon Ferry LLC ("Licensee") — to implement a County -sponsored transportation route. Licensee will be operating said waterborne transportation service, with a dedicated route spanning from the Miami Beach Marina to the Miami Convention Center. Licensee's vessel(s) will pull alongside the seawall, at the Miami Convention Center, for the embarkation and disembarkation of passengers. Licensee intends to construct and operate an upland facility, located inside the Miami Convention Center. Licensee's upland facility shall, without limitation, sell tickets for the waterborne transportation vessel, as well as provide waiting areas for vessel passengers ("Upland Facilities"). The City has agreed to permit the Licensee to construct and maintain said Upland Facilities on City -owned property. Licensee has agreed to maintain in good repair and condition that portion of the seawall Licensee's vessel will pull alongside, as well as that area of the City -owned property the Upland Facilities will improve. In consideration of the foregoing, Licensee has agreed to pay the City a monthly use fee, for the seawall and Upland Facilities use, as well as ticket surcharge revenue pursuant to Section 53 of the Code of the City of Miami. Licensee desires to obtain from the City and the City desires to grant to the Licensee, its agents, representatives, employees or contractors a non-exclusive license to use and occupy the seawall and City -owned property and access rights to enter upon both, all for the purpose of conducting waterborne transportation service subject to the conditions and limitations hereinafter contained. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Legislative Division City Commission Office of the City Attorney Office of the City Attorney Office of the City Attorney Reviewed B Pedro Lacret Christopher M Rose Fernando Casamayor Valentin J Alvarez Nikolas Pascual Xavier Alban Barnaby L. Min Victoria Mendez Todd B. Hannon Valentin J Alvarez Maricarmen Lopez Xavier Alban Barnaby L. Min Victoria Mendez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Legislative Division Review Meeting ACA Review Deputy Attorney Review Approved Form and Correctness Completed 01/09/2020 7:08 AM Completed 01/29/2020 4:31 PM Completed 02/03/2020 9:42 AM Completed 02/03/2020 10:41 AM Completed 02/03/2020 10:48 AM Completed 02/03/2020 11:30 AM Completed 02/04/2020 10:39 AM Completed 02/04/2020 12:11 PM Completed 02/04/2020 5:38 PM Completed 02/13/2020 9:00 AM Completed 02/13/2020 10:55 AM Completed 02/24/2020 9:00 AM Pending Pending Pending City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7013 Final Action Date:2/24/2020 MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TERMINABLE AT -WILL LICENSE, ACCESS, AND INDEMNIFICATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," BETWEEN THE CITY OF MIAMI AND POSEIDON FERRY LLC FOR THE USE OF CITY -OWNED PROPERTY LOCATED AT THE MIAMI CONVENTION CENTER FOR MIAMI-DADE COUNTY SPONSORED WATERBORNE TRANSPORTATION SERVICES PURSUANT TO MIAMI-DADE COUNTY RESOLUTION NUMBER R-958-19, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "B"; PROVIDING FOR USE FEES OF ONE THOUSAND, EIGHT HUNDRED SEVENTY-FIVE DOLLARS ($1,875.00) PER MONTH AND TICKET SURCHARGE REVENUE AND INCLUSIVE OF THOSE CERTAIN TERMS AND CONDITIONS AS MORE PARTICULARLY DESCRIBED THEREIN. WHEREAS, the City of Miami ("City") is the fee simple owner of the property located in the greater Miami downtown area known as the Miami Convention Center; and WHEREAS, the Miami Convention Center abuts the Miami River and is improved with the James L. Knight Center ("JLKC") and the Hyatt Regency Miami ("Hyatt"); and WHEREAS, Miami -Dade County ("County") brought forth a waterborne transportation operator, Poseidon Ferry LLC ("Licensee"), to implement a County -sponsored transportation route spanning from the Miami Beach Marina to the Miami Convention Center; and WHEREAS, the Licensee's vessel(s) will pull alongside the seawall at the Miami Convention Center for the embarkation and disembarkation of passengers; and WHEREAS, the Licensee intends to construct and operate an upland facility located inside the Miami Convention Center; and WHEREAS, the Licensee's upland facility shall, without limitation, sell tickets for the waterborne transportation vessel and provide waiting areas for vessel passengers ("Upland Facilities"); and WHEREAS, the City has agreed to permit the Licensee to construct and maintain said Upland Facilities on the City -owned property; and WHEREAS, the Licensee has agreed to maintain, in good repair and condition, that portion of the seawall the Licensee's vessel(s) will pull alongside as well as that area of the City - owned property the Upland Facilities will improve; and WHEREAS, in consideration of the foregoing, the Licensee has agreed to pay the City a monthly use fee for the seawall and Upland Facilities use as well as ticket surcharge revenue quired by Chapter 53 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Licensee desires to obtain from the City and the City desires to grant to the Licensee, its agents, representatives, employees, and contractors a non-exclusive license to use and occupy the seawall and City -owned property and access rights to enter upon both, all for the purpose of conducting waterborne transportation service subject to the conditions and limitations hereinafter contained; and WHEREAS, the City desires to grant the Licensee, its agents, representatives, employees, and contractors the continuous right to perform the work associated with the construction of necessary improvements and installation of necessary equipment related to or used in connection with the waterborne transportation service compliant with all required licenses and permits; 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' to negotiate and execute a terminable at -will License, Access, and Indemnification Agreement, in a form acceptable to the City Attorney, between the City and the Licensee, a draft of which is attached and incorporated herein as Exhibit "A," for the use of the JLKC for County sponsored waterborne transportation services pursuant to Miami -Dade County Resolution No. R-958-19, attached and incorporated herein as Exhibit "B," providing for use fees of one thousand, eight hundred seventy-five dollars ($1,875.00) per month and ticket surcharge revenue as required by the City Code and inclusive of those certain terms and conditions more particularly described therein. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 2/4/2020 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.