HomeMy WebLinkAboutsummary formDate: 2/8/2005
AGENDA ITEM SUMMARY FORM
FILE ID: ) -.
Requesting Department: Economic Development
Commission Meeting Date: 2/24/2005 District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Revocable License Agreement with Swim Gym Aquatics, Inc.
Purpose of Item:
Rescind Resolution No.04-0200 that authorized the City Manager to execute a Revocable License
Agreement with Miami Rowing & Watersports, Inc. ("MRWC"), revocable at -will, accepting
$85,339.31 from MRWC and its program operator as consideration for occupancy and use of City-
owned property located at 3601 Rickenbacker Causeway, Miami, Florida, for the period of January 1,
2004 through February 28, 2005, and authorizing the City Manager to execute a Revocable License
Agreement (the "Agreement"), in a form acceptable to the City Attorney, with Swim Gym Aquatics,
Inc., a for profit corporation, to occupy and use 1.03 acres of City -owned property located at 3601
Rickenbacker Causeway, Miami, Florida, which license shall provide: 1) for a use period not to
exceed September 30, 2005; 2) Licensee the authority to enter into professional service agreements
with program operators for the purpose of operating and maintaining water recreational and
educational opportunities, subject to the City Manager's approval which approval may be conditioned
or withheld in his sole discretion; 3) Licensee to pay a $500 monthly use fee to the City plus Florida
State Use Tax, if applicable; 4) Licensee and each program operator to pay the City 12% of their
respective monthly gross revenues, on or before the 30th day following the end of each quarter, plus
Florida State Use Tax if applicable; 5) Licensee shall be responsible for all nonstructural repairs and.
maintenance; and 6) Licensee shall pay all ad valorem taxes and assessments when applicable, and
with other terms and conditions as more particularly set forth in the Agreement. _
Background Information:
On April 8, 2004, the City Commission adopted Resolution No. 04-0200 that authorized the City
Manager to execute a Revocable License Agreement, revocable at -will, with Miami Rowing &
Watersports Center, Inc. ("MRWC") to provide water recreational and educational opportunities.
Swim Gym, one of the program operators, along with the City, attempted to resolve operational
disputes between Swim Gym and MRWC. As result of the failure to resolve these issues with the
parties, the City has decided to not execute the Agreement with MRWC and enter into a new
agreement with Swim Gym. The attached resolution further accepts $85,339.31 from MRWC of
which $18,221.31 was directly from MRWC and $67,118.00 from Swim Gym, as consideration for
the occupancy and use of City -owned property located at 3601 Rickenbacker Causeway, Miami,
Florida, for the period of January 1, 2004 through February 28, 2005. Swim Gym has requested that
the agreement be with its new corporation Swim Gym Aquatics, Inc.
11
Budeet 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:
t7f'ProjectWo:
Page 1 of 2
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost: $0.00
Maintenance Cost: $0.00
Total Fiscal Impact: $0.00
Final Approvals
ISIGN AND DATE)
CIP Budget
If using or receiving capital funds
Grants Risk M
Purchasing Dept. Directo
Chief �' " City Manager