HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM Law Department
Matter ID No.
�FILE ID: 09-385
Date: 04/03/09 Requesting Department: Public Facilities/Asset Mgmt
Commission Meeting Date: 05/14/09 District Impacted: 2
Type: X Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Revocable License Agreement with Swim Gym Aquatics, 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 Swim Gym Aquatics, 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 Licensee, and mutual consent of the parties; 2) Licensee to
pay a monthly use fee to the City in the amount of $400.00 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.
Bud1jet 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:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP _ I:,
If usingor re eiv n capital funds
Grants
Purchasi ,iv/ e1',n
Ch
$400.00/month
Final Approvals
(SIGN AND DATE)
Budget_
Risk Managemen
Dept. Director,
City Manager
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Subject: Revocable License Agreement with Swim Gym Aquatics, 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 Swim Gym Aquatics, Inc. ("Licensee"), a for profit
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 continence from October 1, 2008 through September 30, 2009 with three one-
year renewal options, subject to 3 -months prior written notice of the Licensee, and mutual consent of the parties.
Licensee shall pay the City a monthly fee in the amount of $400.00 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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