HomeMy WebLinkAboutR-15-0544Vop City of Miami
'"* Legislation
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Resolution: R-15-0544
File Number: 15-01470
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL LETTER, IN
SUBSTANTIALLY THE ATTACHED FORM, AUTHORIZING THE ONE (1) FIVE (5)
YEAR RENEWAL OPTION TO THE EXISTING REVOCABLE LICENSE
AGREEMENT WITH THE MIAMI ROWING AND WATERSPORTS CENTER, INC., A
FLORIDA NONPROFIT CORPORATION, FOR USE OF THE PROPERTY LOCATED
AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, INCREASING BOTH
THE MONTHLY USE FEE FROM $2,000.00 TO $2,500.00, PLUS STATE USE TAX,
IF APPLICABLE, AND THE PERCENTAGE FEE OF MONTHLY GROSS REVENUES
FROM TWELVE PERCENT (12%) TO THIRTEEN PERCENT (13%); AND
APPROVING THE SIX (6) MONTH WAIVER OF THE MONTHLY USE FEE FOR THE
PERIOD OF SEPTEMBER 2015 THROUGH FEBRUARY 2016 FOR THE TOTAL
AMOUNT OF $14,500.00.
WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements
located at 3601 Rickenbacker Causeway, Miami, Florida ("Property"); and
WHEREAS, pursuant to Resolution No. 11-0315, adopted July 28, 2011, the City Commission
authorized the City Manager to execute a Revocable License Agreement ("License Agreement") with
the Miami Rowing and Watersports Club, Inc., a Florida Nonprofit Corporation, ("Licensee") for the
purpose of providing water recreational and educational opportunities, for a use period effective
October 1, 2010 through the expiration date of September 30, 2015, and the one (1) five (5) year
renewal option, subject to three (3) months prior written notice by Licensee, and a mutual consent of
the parties; and
WHEREAS, pursuant to the License Agreement, Licensee was required to satisfy past due fees
of $35,650.22, in monthly installments of $594.17, over a fifty (50) month period, and the lump sum
payment of $5,941.70; and
WHEREAS, Licensee has met its financial obligations with respect to the past due fees of
$35,650.22 and the lump -sum payment of $5,941.70; and
WHEREAS, the City desires to execute a Renewal Letter exercising the one (1) five (5) year
renewal option of the License Agreement for Licensee's continued use of the property, becoming
effective on October 1, 2015 and expiring on September 30, 2020; and
WHEREAS, as a result of the renewal, Licensee shall pay the City an increased monthly use fee
of $2,500.00, increased from $2,000.00, plus state use tax, if applicable, and an additional increased
percentage fee of monthly gross revenues of thirteen percent (13%), increased from twelve percent
(12%), with other terms and conditions as more particularly set forth in said License Agreement; and
WHEREAS, Licensee's business has been met with financial hardship due to the ongoing
City of Miand Page 1 of 2 File Id. 15-01470 (Version: 1) Printed On: 4/13/2018
File Number: 15-01470
Enactment Number: R-15-0544
construction of the Flex Park at the Marine Stadium and as a result, the City is requesting a six (6)
month waiver of the Licensee's Use Fee for the period of September 2015 through February 2016
totaling $14,500.00;
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{1} to execute a Renewal Letter, in substantially the
attached form, authorizing the one (1) five (5) year renewal option to the existing License Agreement
with the Licensee for use of the property located at 3601 Rickenbacker Causeway, Miami, Florida,
increasing both the monthly use fee from $2,000.00 to $2,500.00, plus state use tax, if applicable,
and the percentage fee of monthly gross revenues from twelve percent (12%) to thirteen percent
(13%); and approving the six (6) month waiver of the monthly use fee for the period of September
2015 through February 2016 for the total amount of $14,500.00.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{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 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. 15-01470 (Version: 1) Printed On: 4/13/2018