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HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM FILE ID: /2" 00700 Date: 04/25/2012 Requesting Department: Commission Meeting Date: 05/10/2012 Public Facilities (Asset Management Division) District Impacted: 2 Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Subject: Revocable License Agreement with Grove Kev Marina, Inc. for the occupancy of City of Miami -owned property located at 3385 Pan American Drive, Miami, Florida Law Department Matter ID No. 12-807 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 Grove Key Marina, Inc., a Florida for profit corporation ("Licensee"), for the use of City -owned real property and improvements containing approximately 5.24 acres of upland property and 0.47 acres of submerged property located at 3385 Pan American Drive, Miami, Florida, for the purpose of operating an existing marina and an existing outdoor casual restaurant with the Licensee to pay to the City the greater of a minimum monthly use fee of Fifty-eight Thousand Two Hundred Dollars ($58,200.00), plus State of Florida Use Tax, if applicable, or a percentage of 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 (LETF): CIP Project No: NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: $174,600.00 (minimum amount for remainder of FY'12) Final Approvals (SIGN AND DATE) CIP N/A . Budget N/A SAWN If using or receiving capital funds - Grants N/A Risk Managemen Purchasing N/A , Dept. Director Chief /�G'f%�1/ City Manager Page 1 of 2 Subject: Revocable License Agreement with Grove Key Marina, Inc. for the occupancy of City of Miami -owned property located at 3385 Pan American Drive, Miami, Florida Background Information: The City of Miami owns certain property and improvements located at 3385 Pan American 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. On January 31, 1977, an Addendum to the Lease was executed adding certain terms and conditions to the Lease, including but not limited to, 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 as June 22, 2012. The City has begun a competitive solicitation process for the use and occupancy of the Leased premises. The City and Grove Key Marina, Inc. (referred to as the "Licensee") desire to enter into a Revocable License Agreement ("Agreement") to continue uninterrupted revenue to the City, uninterrupted service to the patrons of the waterfront marine facility and uninterrupted service to the patrons of the fueling services. Under the terms of the Agreement the Licensee shall pay to the City the greater of a minimum monthly use fee of Fifty- eight Thousand Two Hundred Dollars ($58,200.00), plus State of Florida Use Tax (if applicable), or a percentage of gross sales, with additional terms and conditions as more particularly set forth in said Agreement. Page 2 of 2