HomeMy WebLinkAboutR-17-0053City of Miami
Legislation
Resolution R-17-0053
File Number: 1502
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/26/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING ("MOU") BETWEEN THE CITY OF MIAMI ("CITY") AND THE
UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK
SERVICE ("NPS"), ACTING THROUGH THE SUPERINTENDENT OF BISCAYNE
NATIONAL PARK ("PARK"), FOR THE PARK -AUTHORIZED CONCESSIONER
("CONCESSIONER"), WHO WILL PAY THE CITY THE APPROVED
COMMERCIAL DOCKAGE RATE AND TICKET SURCHARGE FEES TO
OPERATE BOAT TOUR SERVICES FROM DINNER KEY MARINA TO THE
PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", IN
SUBSTANTIALLY THE ATTACHED FORM, AND MADE A PART HEREOF,
PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A REVOCABLE LICENSE AGREEMENT WITH THE CONCESSIONER
TO MEMORIALIZE THE MOU TERMS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
WHEREAS, the City of Miami ("City") is owner in fee simple of the property located at
3400 Pan American Drive, Miami, Florida 33133, also known as "Dinner Key Marina", as more
particularly described in Exhibit "A" ("Premises"); and
WHEREAS, the United States Department of the Interior, National Park Service ("NPS")
operates Biscayne National Park ("Park") and desires to enhance the visitor experience,
increase Park visitation, and facilitate access to the northern end of the Park; and
WHEREAS, the Park has determined that a tour boat concessioner ("Concessioner")
operating from the Premises will best accomplish these goals; and
WHEREAS, the City, as owner and administrator of the Premises, wishes to support the
Park's goals and facilitate the desired expansion of visitor services for City -area residents and
visitors in need of ready access to the Park; and
WHEREAS, the attached Memorandum of Understanding ("MOU") outlines the
framework of the City's cooperation with the NPS, inclusive of the Revocable License
Agreement ("License") the City will subsequently execute with the Park -authorized
Concessioner, for the approved commercial dockage rate and ticket surcharge fees, in a form
acceptable to the City Attorney; and
WHEREAS, the attached MOU does not transfer any interest in the Premises, does not
confer a right to use the Premises, and does not convey or transfer any right to exclude the City
from the Premises; and
WHEREAS, Section 29-13(c) of the Charter of the City of Miami, Florida, as amended
("City Charter"), allows for the conveyance or disposition of City -owned property in connection
with the implementation of projects of any governmental agency or instrumentality;
City of Miami Page 1 of 2 File ID: 1502 (Revision:) Printed On: 5/4/2017
File ID: 1502
Enactment Number: R-17-0053
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 hereby authorized' to execute the MOU, in substantially
the attached form, between the City and the NPS, acting through the Superintendent of the
Park, for the Park -authorized Concessioner, who will pay the City the approved commercial
dockage rate and ticket surcharge fees to operate boat tour services from the Premises to the
Park, as more particularly described in Exhibit "A" and made a part hereof, pursuant to Section
29-B(c) of the City Charter.
Section 3. The City Manager is hereby further authorized' to execute a License with the
Park -authorized Concessioner to memorialize the MOU terms in a form acceptable to the City
Attorney.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un nd6zz, City Attor iey 1/17/2017
' 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: 1502 (Revision:) Printed on: 5/4/2017