HomeMy WebLinkAboutR-18-0523City of Miami
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Legislation
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Resolution: R-18-0523
File Number: 5067
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/15/2018
A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A
FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY
MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT
BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI TO
ENTER INTO A REVOCABLE LICENSE AGREEMENT WITH EVENT
ENTERTAINMENT GROUP, INC. ("LICENSEE") FOR THE PRESENTATION OF
AN ANNUAL ULTRA MUSIC FESTIVAL AT THE MARINE STADIUM SITE AND
VIRGINIA KEY BEACH SITE ON THE TERMS AND CONDITIONS, INCLUDING
USE FEE, USE PERIOD, AND OTHER TERMS SET FORTH IN THE
REVOCABLE LICENSE AGREEMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE REVOCABLE LICENSE AGREEMENT WITH
THE USER FOR THE ULTRA MUSIC FESTIVAL, IN SUBSTANTIALLY THE
ATTACHED FORM, SUBJECT TO REVIEW AND APPROVAL BY THE CITY
ATTORNEY.
SPONSOR(S): Commissioner Keon Hardemon
WHEREAS, the City of Miami ("City") is the owner in fee simple of certain real property
located throughout Virginia Key, including but not limited to 3501, 3801, 3861 Rickenbacker
Causeway, Miami, Florida, and the Virginia Key Beach Park Trust is a limited agency and
instrumentality of the City with responsibility to oversee and manage the Historic Virginia Key
Beach Park, located at 4000 Virginia Beach Drive, Miami, Florida, subject to City Commission
approval (collectively the "Property" as more particularly described in the attached License
Agreement); and
WHEREAS, Event Entertainment Group, Inc. ("Licensee") hosts an annual electronic
music festival ("Ultra Music Festival"); and
WHEREAS, Licensee wishes to use the Property for purposes of producing the Ultra
Music Festival ("Event") on an annual basis at the Property; and
WHEREAS, the City and Licensee desire and intend to enter into a Revocable License
Agreement ("License Agreement") for the use of the Property; and
WHEREAS, the License Agreement is not assignable, is not for a fixed term, and is
revocable at -will by the City Manager, for convenience, without consent of the Licensee; and
WHEREAS, the License Agreement does not transfer any interest in real property,
including any leasehold interest in real property owned by the City or City -owned property
managed by the Virginia Key Beach Park Trust; and
City of Miami Page 1 of 3 File ID: 5067 (Revision: A) Printed On: 1/28/2019
File ID: 5067 Enactment Number: R-18-0523
WHEREAS, the City Commission has determined these payments are not unrestricted
and in this instance the Trust Fund Payments for mass transit provided for in Section 35-254 of
the City Code shall not apply to these payments under the Revocable License Agreement; and
WHEREAS, in order to assist the Virginia Key Beach Park Trust with the creation and
establishment of the African American Museum, One Million Dollars ($1,000,000.00) of the Two
Million Dollar ($2,000,000.00) Use Fee payable for the 2019 Event will be allocated to the
Virginia Key Beach Park Trust in a separate account for the African American Museum to be
constructed at Historic Virginia Key Beach Park; and
WHEREAS, formal action and approval by the City of Miami City Commission is required
to authorize and accept this Agreement and is a condition precedent to the Agreement's legal
efficacy and validity;
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 fully set forth in this Section.
Section 2. The City Commission, by a four-fifths (4/5ths) affirmative vote, after an
advertised public hearing, ratifies, confirms and approves the City Manager's recommendation
and written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of
the Code of the City of Miami, Florida, as amended, waiving the requirements for competitive
sealed bidding as not being practicable or advantageous to the City. This waiver is applicable to
the City of Miami and its agencies and instrumentalities.
Section 3. The City Manager is authorized' to execute a Revocable License Agreement,
in substantially the attached form, between the City and the Licensee, for the purpose of
producing the Event on the Property, subject to a Use Fee no less than Two Million Dollars
($2,000,000.00) per Event, with the terms and conditions more particularly described in the
License Agreement.
Section 4. The City Manager is authorized' to make non -substantive amendments to
such License Agreement as needed, subject to the City Attorney's approval as to legal form and
correctness. Insurance provisions of the License Agreement will be subject to the approval of
the City's Director of Risk Management.
Section 5. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.z
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.
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 3 File ID: 5067 (Revision: A) Printed on: 1/28/2019
File ID: 5067
APPROVED AS TO FORM AND CORRECTNESS:
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i ria i "ndez, ity Attor ey 1/24/2019
Enactment Number: R-18-0523
City of Miami Page 3 of 3 File ID: 5067 (Revision: A) Printed on: 1/28/2019