HomeMy WebLinkAboutR-24-0098City of Miami
Resolution R-24-0098
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15613 Final Action Date: 3/14/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION
METHODS AND PROCEDURES ARE NOT PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE
AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY AND BOTECH MARINE CENTER, INC.
("LICENSEE") FOR THE LICENSEE'S USE OF PORTION OF CITY -OWNED
PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI,
FLORIDA 33149 FOR THE PURPOSE OF OPERATING A BOAT REPAIR AND
MAINTENANCE BUSINESS, INCLUDING SERVICING AND CARE OF BOATS,
BOAT ENGINES AND SYSTEMS FOR A MONTHLY USE FEE OF FOUR
THOUSAND TWO HUNDRED FIFTY-TWO DOLLARS AND FIFTY CENTS
($4,252.50.) PLUS TAXES, WHICH COMPRISES A REPAIR SHOP ("AREA 1")
AND BOAT DOCK RACKS AREA ("AREA 2"), COLLECTIVELY REFERRED TO
AS THE PREMISES, WITH A GUARANTEE DEPOSIT OF EIGHT THOUSAND
FIVE HUNDRED FIVE DOLLARS AND ZERO CENTS, FOR AN INITIAL TERM
OF ONE-YEAR, WITH A THREE PERCENT (3%) INCREASE IN BOTH THE
MONTHLY USE FEE AND GUARANTEE DEPOSIT, IF APPLICABLE WITH
TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID
LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS
AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AS MAY BE NECESSARY.
WHEREAS, the City of Miami ("City") is the owner of the property located at 3501
Rickenbacker Causeway, Miami, FL 33149 ("Property"); and
WHEREAS, the Licensee has submitted a Letter of Intent seeking the right to license a
portion of the property, comprising a Repair Shop ("Area 1") and the Boat Dock Racks Area
("Area 2"), collectively referred to as the Premises; and
WHEREAS, Area 1 comprises 638 sq ft, while Area 2 consists of 730 sq ft.; and
WHEREAS, the City's Marina Operations will provide three (3) boat racks within Area 2
for the Licensee's use during the term of the Agreement; and
City of Miami Page 1 of 2 File ID: 15613 (Revision:) Printed On: 4/2/2024
File ID: 15613 Enactment Number: R-24-0098
WHEREAS, the monthly use fee for Area 1 is $2,312.50, and for Area 2, it is $1,940.00.
The total monthly use fee amounts to four thousand two hundred fifty-two dollars and fifty cents
($4,252.50), plus taxes, for one year; and
WHEREAS, a guarantee deposit of eight thousand five hundred five dollars and zero
cents ($8,505.00) will be payable; and
WHEREAS, a three percent (3%) increase in both the monthly use fee and guarantee
deposit will be applied for every renewal year after the initial one-year term; and
WHEREAS, the City and Licensee desire and intend to enter into a new Revocable
License Agreement ("Agreement") authorizing the Licensee's use of the Premises;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as
amended ("City Code"), by a four -fifths (4/5ths) affirmative vote, after an advertised public
hearing, the City Manager's written findings, attached and incorporated as Exhibit "A," that
competitive negotiation methods and procedures are not practicable or advantageous, and
waiving the requirements for said procedures, are hereby ratified, approved, and confirmed.
Section 3. The City Manager is hereby authorized' to negotiate and execute the
Agreement, in a form acceptable to the City Attorney, between the City and Licensee, for the
continued use of the Premises, for the purpose of operating a boat repair and maintenance
business, including servicing and care of boats, boat engines and systems for a monthly use
fee equal to four thousand two hundred fifty-two dollars and fifty cents ($4,252.50) plus taxes, if
applicable, a guarantee deposit of eight thousand five hundred five dollars and zero cents
($8,505.00) will be payable, a three percent (3%) increase in both the monthly use fee and
guarantee deposit will be applied for every renewal year after the initial one-year term, with
terms and conditions to be more specifically set forth in said agreement.
Section 4. The City Manager is further authorized' to negotiate and execute all
necessary documents, including amendments and modifications to said Agreement, in a form
acceptable to the City Attorney, as may be necessary.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
na i
\endez, ity Attor ey 4/2/2024
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami
Page 2 of 2 File ID: 15613 (Revision:) Printed on: 4/2/2024