HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM Law Department
r Y Matter ID No.
FILE ID: _9 -00 UU 2 09-384
Date: 04/03/09 Requesting Department: Public Facilities / Asset Mng_mt
Commission Meeting Date: 05/14/09 District Impacted:, 2
Type: X Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Revocable License Agreement with Miami Overseas Chinese Association, Inc.
Purpose of Item:
A Resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute a
Revocable License Agreement (the "Agreement"), which is revocable -at -will, in substantially the attached
form, with Miami Overseas Chinese Association, Inc. ("Licensee"), to occupy and use approximately 3.44
acres of City -owned property for the purpose of operating and maintaining water recreational and educational
opportunities at the City -owned property located at 3601 Rickenbacker Causeway, Miami, Florida, which
license shall provide for: 1) a use period to commence October 1, 2008 and expire September 30, 2009 with
three one-year renewal options, subject to 3 -months prior written notice by the Licensee, and mutual consent of
the parties; 2) Licensee to pay a monthly use fee to the City in the amount of $100.00 plus State Use tax, if
applicable, and an additional 12% of Licensee's monthly gross revenues; 3) License provides for a three
percent (3%) annual increase to the Licensee's Use Fee amount paid to the City; and 4) further providing that
all amounts paid to the City to be reserved in a special account by the Finance Department for capital
improvements to the property, with other terms and conditions as more particularly set forth in the Agreement.
Background Information:
See Attached.
Budget Impact Analysis
YES Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No: 'L` Q
Special Revenue Account No:-;
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? E��
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Start Up Capital Cost:
Maintenance Cost: o
Total Fiscal Impact: 100.00/month
Final Approvals
(SIGN AND DATE)
CIP /'-//a- Budg(
if using or receiving capital funds
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Subject: Revocable License Agreement with Miami Overseas Chinese Association, Inc.
Background Information:
On March 12, 2006, the City Commission adopted Resolution R-06-0593 that authorized the City Manager to
execute Revocable License Agreement ("Agreement") with Miami Overseas Chinese Association, Inc.
("Licensee"), a nonprofit Florida corporation, for the purpose of operating and maintaining water recreational and
educational opportunities at the City -owned property located 3601 Rickenbacker Causeway. The Agreement was
for a one-year term commencing October 1, 2006 to September 30, 2007, with a one-year mutual renewal option
that expired on September 30, 2008.
On October 1, 2006, the Parks Department ("Parks") assumed management of the Property and the Licensee
continued to operate its programs at the Property. Parks manages all special events and functions at the Property
and pays the electric and water utilities. Parks also installed a modular trailer to allow the Licensee to use as its
administrative office. The Licensee is responsible for reimbursing the City its proportionate share of the electric
and water utility amount.
The proposed new Agreement will commence from October 1, 2008 through September 30, 2009 with three one-
year renewal options, subject to 3 -months prior written notice by the Licensee, and mutual consent of the parties.
Licensee shall pay the City a monthly fee in the amount of $100.00 plus State Use tax, if applicable, and an
additional 12% of its gross revenues that will be placed in a reserve for capital improvements for ongoing
maintenance and repairs to the Property. Furthermore, License provides for a three percent (3%) annual increase
to the Licensee's Use Fee amount paid to the City. Notwithstanding said term, the Agreement may be terminated
by either party without cause upon providing 30 days advance written notice to the non -terminating party.
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