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HomeMy WebLinkAboutAgenda Item Summary Form",A1' UF..4y AGENDA ITEM SUMMARY FORM File ID: #1099 Date: 10/11/2016 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 10/27/2016 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Agrmnt - Historic Virginia Key Boat Show Access Purpose of Item: 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"), Miami Virginia Key Beach Park Trust ("Trust"), and National Marine Manufacturer's Association Inc. ("NMMA"), whereby the City and Trust grant to NMMA, temporary access rights, to use certain City -owned property, located at 4020 Virginia Beach Drive, Miami, FL 33149 ("Premises"), and more specifically described in Exhibit "A," attached hereto, for the purpose of providing shuttle services and parking, and for other ancillary uses during the Miami International Boat Show ("Boat Show"), with the terms and conditions more particularly described in the Access Agreement; further authorizing the City Manager to make non -substantive amendments to such Access Agreement as needed, subject to the City Attorney's approval. Background of Item: The City of Miami ("City") is the owner of the property located at 4020 Virginia Beach Drive, Miami, FL 33149 ("Premises"). The Virginia Key Beach Park Trust ("Trust") manages and operates the Premises. The City Commission adopted Resolution R-15-0009 on 01/08/2015 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 purposes of presenting to the public the Miami International Boat Show ("Boat Show"). NMMA will pay the City fifty percent (50%) of profits obtained as a result of the Boat Show per the Boat Show License. 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. The City and the Trust grant to NMMA, temporary access rights, to use certain portion of the Premises, and more specifically described in Exhibit "A", attached hereto, for the purpose of providing shuttle services over, across, and through the Premises, and parking, and for other ancillary uses during the 2017 Boat Show and future Boat Shows. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: 50% of Profits from Parking and Concessions, as applicable General Account No: 04002.221100.448000 Reviewed By Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Everton Garvis Office of Management and Budget Christopher M Rose Department of Risk Management Ann -Marie Sharpe City Manager's Office Alberto N. Parjus City Manager's Office Daniel J. Alfonso Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Legislative Division Mayor's Office Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Legislative Division Valentin J Alvarez Office of the City Attorney Victoria Mendez Department Head Review Completed Budget Analyst Review Completed Budget Review Completed Risk Review Completed Assitant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Completed Approved as to Form and Correctness Meeting Completed Review Pending Skipped Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed Approved Form and Correctness with Modification(s) 10/13/2016 11:19 AM 10/13/2016 2:57 PM 10/14/2016 4:00 PM 10/17/2016 11:56 AM 10/17/2016 12:16 PM 10/17/2016 12:31 PM 10/17/2016 3:02 PM 10/17/2016 3:41 PM Completed 10/27/2016 9:00 AM 11/04/2016 5:26 PM 11/04/2016 5:26 PM 11/04/2016 6:14 PM 11/13/2017 4:02 PM Completed 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"), MIAMI VIRGINIA KEY BEACH PARK TRUST ("TRUST"), AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND TRUST GRANT TO NMMA TEMPORARY ACCESS RIGHTS TO USE CERTAIN CITY -OWNED PROPERTY, LOCATED AT 4020 VIRGINIA BEACH DRIVE, MIAMI, FLORIDA 33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED HEREIN, FOR THE PURPOSES OF PROVIDING SHUTTLE SERVICES AND PARKING, AND FOR OTHER ANCILLARY USES 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 THE 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 4020 Virginia Beach Drive, Miami, Florida 33149 ("Premises"); and WHEREAS, the Virginia Key Beach Park Trust ("Trust") manages and operates the 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 and the Trust grant to NMMA temporary access rights to use a certain portion of the Premises, as more specifically described in Exhibit "A," attached and incorporated, for the purposes of providing shuttle services over, across, and through the Premises, and parking, and for other ancillary uses during the 2017 Boat Show and future Boat Shows; and -,IV ov . City of Miami City Hall IIS iit A4to � „1,l ,a Legislation 3500 Pan American Drive r —R �� Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-16-0518 File Number: 1099 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"), MIAMI VIRGINIA KEY BEACH PARK TRUST ("TRUST"), AND NATIONAL MARINE MANUFACTURERS ASSOCIATION INC. ("NMMA"), WHEREBY THE CITY AND TRUST GRANT TO NMMA TEMPORARY ACCESS RIGHTS TO USE CERTAIN CITY -OWNED PROPERTY, LOCATED AT 4020 VIRGINIA BEACH DRIVE, MIAMI, FLORIDA 33149 ("PREMISES"), AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED HEREIN, FOR THE PURPOSES OF PROVIDING SHUTTLE SERVICES AND PARKING, AND FOR OTHER ANCILLARY USES 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 THE 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 4020 Virginia Beach Drive, Miami, Florida 33149 ("Premises"); and WHEREAS, the Virginia Key Beach Park Trust ("Trust") manages and operates the 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 and the Trust grant to NMMA temporary access rights to use a certain portion of the Premises, as more specifically described in Exhibit "A," attached and incorporated, for the purposes of providing shuttle services over, across, and through the Premises, and parking, and for other ancillary uses during the 2017 Boat Show and future Boat Shows; and WHEREAS, 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 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 of Miami ("City"), Miami Virginia Key Beach Park Trust ("Trust"), and National Marine Manufacturer's Association Inc. ("NMMA"), whereby the City and the Trust grant to NMMA temporary access rights to use certain portion of the Premises, for the purposes of providing shuttle services over, across, and through the premises, and parking, and for other ancillary uses 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: I i ria i ' ndez, City Attor iey 10/1812016 ' 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.