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HomeMy WebLinkAboutSummary Form-SUBAGENbA ITEM SUMMARY FORM FILE ID: O S— 0 01- U 5 Date: 3/22/2005 Commission Meeting Date: 3/24/2005 Requesting Department: Economic Deve District Impacted: 2 Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Subject: Revocable License Agreements with Swim Gym Aquatics, Inc., Miami Rowing afid ' , Watersports Center, Inc. and Miami Overseas Chinese Association, Inc. Purpose of Item: Resolution, with attachment(s), authorizing the City Manager to execute Revocable License Agreements (the "Agreements"), in substantially the attached form, with Swim Gym Aquatics, In ("Licensee"), a for profit corporation, Miami Rowing & Watersports, Inc. ("Licensee"), a not for profit corporation and Miami Overseas Chinese Association, Inc. ("Licensee"), a not for profit corporation, revocable at -will, to occupy and use approximately 1.96 acres of City -owned prope located at 3601 Rickenbacker Causeway, Miami, Florida, which licenses shall provide: 1) for a u period not to exceed September 30, 2005; 2) each Licensee shall have the authority to enter into professional service agreements with program operators for the purpose of operating and maintai water recreational and educational opportunities, subject to the City Manager's approval which approval may be conditioned or withheld in his sole discretion; 3) each Licensee to pay a monthl fee to the City in the amounts of $400.00, $250.00 and $100.00 respectively, plus Florida State Tax, if applicable; 4) each Licensee and each program operator to pay the City 12% of their resp monthly gross revenues, on or before the 30th day following the end of each month, plus Florida Use Tax if applicable; 5) all amounts paid to the City to be reserved in a special account by the Finance Department for capital improvements to the property; 6) each Licensee shall be respons for certain nonstructural repairs and maintenance; and 7) each Licensee shall pay its pro rata sha utilities, and with other terms and conditions as more particularly set forth in the Agreements. Background Information: On April 8, 2004, the City Commission adopted Resolution No. 04-0200 that authorized the C. Manager to execute a Revocable License Agreement, revocable at -will, with Miami Rowing & Watersports Center, Inc. ("MRWC") to provide water recreational and educational opportunitie Swim Gym, Inc., one of the program operators, along with the City, attempted to resolve opera disputes between Swim Gym, Inc. and MRWC. As result of the failure to resolve these issues the parties, the City has decided to not execute the Agreement with MRWC and to enter into se agreements with Swim Gym, Inc., MRWC, and Miami Overseas Chinese Association, Inc. agreements shall require each party to be responsible for certain maintenance and repairs inclu pro rata share of utilities based upon their use of the property. 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: Special Revenue Account No: CIP Project No: NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Page 1 of 2 Start Up Capital Cost: $0.00 Maintenance Cost: $0.00 Total Fiscal Impact: $4,500.00 CIP Final Approvals (SIGN AND DATE1 Budget If using or receiving capital funds Grants Purchasing f , Chief Risk Man Dept. Direct City Manage THIS DOCUMENT IS A SUBSTITUTION TO ,ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT Page 2 of 2 Dalai 3/2/200 Commission Meeting D Tyvo; Resolution AGENDA FILE ID: ENI SJM A F Y FQ RM Requesting Department: Economic I eve District Impacted: 2 agency Ordinance Q Discussion Item Subject: Revocable License Asrree ents wjth $w3m Gyat A ose o Resolution authorizing the City Manager • execute Revocable License Agreements "Agreements") with Swim Gym Aquatics, ., $fotr profit corporation, Miami Rowing Watersports, Inc. ("MRWC") a nonprofit eo , }t►#ktion, and Miami Overseas Chinese Association„ list. la nonprofit corporation, revocable at -will, in a •rrn acceptable to tbe City Attorney, to occupy sue. use 1.96 acres of City -owned property located a 601 Rickenbacker Causeway, Miami, Florida,. . which licenses shall provide: 1) for a use period n to exceed September 30, 2005; 2) each Licensee ;shall have the authority to enter into professional se ice agreements with program operators for the 4 purpose of operating and maintaining water recreatio and educational opportunities, subject to City Manager's approval which approval may be conded or withheld in his sole discretion; 3) each Licensee to pay a monthly use fee to the City in the ounts of $400.00, $250.00 and $100.00 respectively, plus Florida State Use Tax, if applicable; 4) e h Licensee and each program operetoRte ,pay the City 12% of their respective monthly gross revenue: +n or before the 30th day following lii4 end of each month, plus Florida State Use Tax if applicable; 1 amounts paid to the City to be. reserved in a special account by the Finance Department for ca • improvements to the property; 6) each Licensee shall be responsible for certain nonstructural repai and maintenance; and 7) each Licensee shall pay its pro rata share of utilities, and with other to and conditions as more particularly set forth in tbe Agreements. and Information: On April 8, 2004, the City Commission adopted Resolution No. 04-0200 t authorized the City Manager to execute a Revocable License Agreement, revocable at -will, with iami Rowing & Watersports Center, Inc. ("MRWC") to provide water recreational and educate al opportunities. Swim Gym, Inc., one of the program operators, along with the City, attempted t resolve operational disputes between Swim Gym, inc. and MRWC. As result of the failure to resoly - ese issues with the parties, the City has decided to not execute the Agreement with MRWC and to ter into separate agreements with Swim Gym, Inc., MRWC, and Miami Overseas Chinese Associatio Inc. The agreements shall require each party to be responsible for certain maintenance and rep including pro rata share of utilities based upon their use of the property. $udeet Impact Analysis YES Is this item related to revenue? NO is this item an expenditure? If so, p tan identify funding source below. General Account No: Special Revenue Account No: CIP NO Is this item I rls dI pr e t 9D Start Capital Cost: sug Main te ' • ce Cost: S4,4! Total Fisc impacts $4.590,00 CIP If using or racxivin* CID t tirod Grants Purchasin Chief Final Approvab !SIGN ANDDPTE) Budget Risk Manage Dept. Direct() City Manage SUBSTITUTE Peas 2 of 2