HomeMy WebLinkAboutR-16-0516City of Miami
Legislation
Resolution: R-16-0516
File Number: 1097
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/27/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN
ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND NATIONAL MARINE
MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY
GRANTS TO NMMA TEMPORARY ACCESS RIGHTS TO USE THE CITY -
OWNED PROPERTY KNOWN AS MARINE STADIUM MARINA, LOCATED AT
3501 RICKENBACKER CAUSEWAY MIAMI, FLORIDA 33149 ("PREMISES"),
AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED HEREIN, FOR THE PURPOSES OF PROVIDING PARKING,
RESTROOMS, EXHIBITION SPACE, CONCESSION SPACE, AND OTHER
ANCILLARY USES, INCLUDING BUT NOT LIMITED TO, INSTALLING AND
REMOVING TENTS AND PROVIDING DEMONSTRATIONS DURING THE 2017
MIAMI INTERNATIONAL BOAT SHOW ("BOAT SHOW") AND FUTURE BOAT
SHOWS, WITH THE TERMS AND CONDITIONS MORE PARTICULARLY
DESCRIBED IN THE ACCESS AGREEMENT ("AGREEMENT"), PROVIDED
THAT TO THE EXTENT PUBLIC ACCESS TO THE SHORELINE IS PROVIDED
BY THE LAWS OF THE STATE OF FLORIDA SUCH ACCESS SHALL NOT BE
LIMITED BY THE AGREEMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS
NEEDED.
WHEREAS, the City of Miami ("City") is the owner of the property located at 3501
Rickenbacker Causeway Miami, Florida 33149 ("Premises"); and
WHEREAS, the City Commission adopted Resolution No. 15-0009 on January 8, 2015
authorizing the City Manager to execute a Revocable License ("License") between the City and
National Marine Manufacturer's Association Inc. ("NMMA") for the use of a portion of Virginia
Key upland and submerged lands (collectively, the "Property"), to be used for the purpose of
presenting to the public the Miami International Boat Show ("Boat Show"); and
WHEREAS, NMMA will pay the City fifty percent (50%) of the profits obtained as a result
of the Boat Show per the Boat Show License; and
WHEREAS, the License further authorized the creation of Access Agreements along
Virginia Key to implement the License and be incorporated as Exhibits thereto, subject to City
Commission approval; and
WHEREAS, the City grants to NMMA temporary access rights to use the Premises, as
more specifically described in Exhibit "A," attached and incorporated herein, for the purposes of
providing parking, restrooms, exhibition space, concession space, and other ancillary uses,
including but not limited to, installing and removing tents and providing demonstrations during
the 2017 Boat Show and future Boat Shows; and
City of Miami Page 1 of 2 File ID: 1097 (Revision: A) Printed On: 6/7/2018
File ID: 1097 Enactment Number: R-16-0516
WHEREAS, to the extent public access to the shoreline is provided by the laws of the
State of the Florida such access shall not be limited by this Access Agreement ("Agreement");
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' and directed to execute an Agreement, in
substantially the attached form, between the City and NMMA, whereby the City grants to NMMA
temporary access rights to use the Premises for the purposes of providing parking, restrooms,
exhibition space, concession space, and other ancillary uses, including but not limited to,
installing and removing tents and providing demonstrations during the 2017 Boat Show and
future Boat Shows, provided that to the extent public access to the shoreline is provided by the
laws of the State of Florida such access shall not be limited by the Agreement.
Section 3. The City Manager is authorized' to make non -substantive amendments to
such Access Agreement, in a form acceptable to the City Attorney, as needed.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
' 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: 1097 (Revision: A) Printed on: 6/7/2018