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HomeMy WebLinkAboutcover memoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM C°l�' o's°' The Honorable Mayor and Members TO: of the City Commission FROM : Joe Arrio Chief Ad n;+histrator/City Manager DATE : SUBJECT: REFERENCES: ENCLOSURES: FEB 13 2004 FILE : Revocable License Agreement between the City of Miami and Miami Rowing and Watersports Center, Inc. City Commission Agenda March 11, 2004 RECOMMENDATION: The administration recommends that the City Commission approve the attached Resolution authorizing the City Manager to execute a Revocable License Agreement ("Agreement"), revocable at -will, in substantially the attached form, with Miami Rowing and Watersports Center, Inc. ("Licensee"). This Agreement is to occupy and use approximately 1.03 acres of City - owned property located at 3601 Rickenbacker Causeway, Miami, Florida, for a term of one (1) year that shall commence on the Effective Date, with an option to extend for five additional one (1) year terms subject to the mutual consent of the parties. Licensee shall pay the City an initial use fee of $500.00 per month plus Florida State Use Tax, if applicable, and may enter into a professional service agreement with program operators for the purpose of operating and maintaining water recreational and educational opportunities. Licensee and each program operator shall pay the City of Miami (the "City") 12 % of their respective monthly gross revenues, with the terms and conditions as more particularly set forth in the Agreement. BACKGROUND On December 18, 2003, the City Commission adopted Resolution 03-0339a, which authorized Miami Rowing and Watersports Center, Inc., a nonprofit corporation, to provide for temporary use of approximately 1.03 acres of City -owned property located at 3601 Rickenbacker Causeway, Miami, Florida,( the "Property") for a period of sixty (60) days. The City Manager was directed to negotiate a Revocable License Agreement and present said Agreement to the City Commission for consideration. On January 13, 2004, the Waterfront Advisory Board unanimously recommended approval of the Revocable License Agreement and further requested Licensee to expand its program offerings. Licensee agreed to offer scholarships to City youth. Highlights of the Agreement are as follows: Property: Approximately 1.03 acres located at 3601 Rickenbacker Causeway Permitted Use: Licensee shall occupy and use the Property for the purpose of operating and maintaining water recreational and educational The Honorable Mayor and Members of the City Commission Page 2... Term: Option to Extend: Security Deposit- Use Fees: Adjustment to Use Fee and Security: Program Operators: City Use: Percentage Fees: Insurance: Utilities: Maintenance: opportunities, which shall include private instruction, clinics, classes and special events regarding rowing, sailing, kayaking, water safety, swimming, and scuba/snorkeling. 1 year commencing upon Effective Date. Five (5) additional 1-year terms, subject to the mutual consent of the parties. $1, 500.00 $500.00 per month plus use tax, if applicable. Use Fees and Security, increased by 10% each year. Licensee is authorized to enter into professional service agreements with program operators for the purpose of conducting water -oriented recreational and educational activities. The City reserves the right to use the facility for City or City - sponsored events. The City shall coordinate such use with Licensee and shall not be required to pay any fees for such use. Licensee and each program operator shall be required to pay to the City, on a quarterly basis, 12% of its monthly gross revenues. Licensee and each program operator shall be required to maintain general liability, all risk for its improvements, automobile and worker's compensation insurance in amounts requested by Risk Management. The City shall be named additional insured. Licensee shall pay all utilities. Licensee, at its sole cost and expense, shall provide all maintenance and repairs at the Property except roof and structural portions of the building. Financial impact: There is a positive financial impact to the City of revenue to the general fund ' e minimum amount of $500.00 per month. J 4/PK/ Mayor CC - RLA Miami Rowing and Watersports Center, Inc.doc