HomeMy WebLinkAboutSummary FormDate: 04/25/2012
AGENDA ITEM SUMMARY FORM
FILE ID:
Requesting Department: Public Facilities (Asset Management Division)
Commission Meeting Date: 05/10/2012
District Impacted: 2
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Revocable License Agreement with CHLN, Inc. for the occupancy of City of Miami -owned property
located at 51 Chart House Drive, Miami, Florida
Law Department
Matter ID No.
12-974
Purpose of Item:
A Resolution of the City of Miami Commission, with attachment(s), authorizing the City Manager to execute a
Revocable License Agreement ("Agreement"), in substantially the attached form, between the City of Miami
(City") and CHLN, Inc., a for profit corporation ("Licensee"), for the use of City -owned real property and
improvements on 1.86 acres of upland property located at 51 Chart House Drive, Miami, Florida, for the
purpose of operating an existing waterfront restaurant with the Licensee to pay to the City the greater of a
minimum monthly use fee of Three Thousand Dollars ($3,000.00), plus State of Florida Use Tax, if applicable,
or three and one-half percent of monthly gross sales, with additional terms and conditions as more
particularly set forth in said Agreement.
Background Information:.
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 Account No (LETFJ:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact: $9,000.00 (minimum fee amount for remainder of FY'12)
Final Approvals
(SIGN AND DATE)
CIP N/A
Budget N/A
RLAgal
Grae N/A Risk Manageme
Purchasing N/A Dept. Director
Chief ,/Az'c'---I'----City nagfr.
PaoP 1 of9
Subject: Revocable License Agreement with CHLN, Inc. for the occupancy of City of Miami -owned property
located at 51 Chart House Drive, Miami, Florida
Background Information:
The City of Miami owns certain property and improvements located at 51 Chart House Drive, Miami, Florida. In
1973, the City Commission ("Commission") adopted Resolution 73-136 which awarded the bid for the lease of a
waterfront marine facility to Grove Key Marina, Inc. The Commission also adopted Resolution 76-307 directing
the City Manager to execute a lease agreement ("Lease") with Grove Key Marina, Inc. The Lease was entered
into on April 1, 1976. The Lease provided that Grove Key Marina, Inc. and the City negotiate for the construction
and operation of a restaurant facility on the leased premises, with the terms and conditions relating to the
restaurant to be determined by mutual agreement between the City and Grove Key Marina, Inc. subject to
approval by the City Commission. October 14, 1976 the Commission passed Motion 76-885, approving in
concept the size and type of restaurant to be built on the property.
On January 31, 1977, an Addendum to the Lease was executed adding certain terms and conditions to the Lease,
including but not limited to, establishing the rent structure for the restaurant facility and extending the Lease
term through June 30, 2009. On July 7, 1982, the City Manager acknowledged the force majeure provision in
the Lease, which was a delay triggered by litigation against Grove Key Marina, Inc., thus extending the Lease
termination date for both the Lease and restaurant facility sublease as June 22, 2012. The City has begun a
competitive solicitation process for the use and .occupancy of the Leased premises.
The City and CHLN, Inc. (referred to as the "Licensee") desire to enter into a Revocable License Agreement
("Agreement") to continue uninterrupted service to the patrons of the waterfront restaurant and uninterrupted
revenue to the City. Under the terms of the Agreement the Licensee shall pay to the City the greater of a
minimum monthly use fee of Three Thousand Dollars ($3,000.00), plus State of Florida Use Tax, if applicable, or
three and one-half percent of monthly gross sales, with additional terms and conditions as more particularly set
forth in said Agreement.
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