HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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MAY BE WITHDRAWN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
City of Miami Page 1 of 2 File ID: 7013 (Revision:) Printed On: 4/29/2025
File ID: 7013 Enactment Number:
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, ity 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.
City of Miami Page 2 of 2 File ID: 7013 (Revision:) Printed on: 4/29/2025