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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #15613 Date: 02/21/2024 Commission Meeting Date: 03/14/2024 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Authorize License Agreement - Botech Marine Center Purpose of Item: 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; 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 of Miami ("City") and Botech Marine Center, Inc., ("Licensee") for the Licensee's use of a 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 equal to four thousand two hundred fifty-two dollars and fifty cents ($4,252.50) plus taxes, which comprises a Repair Shop and a Boat Dock Racks Area, if applicable with terms and conditions as more specifically set forth in said agreement; 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. Background of Item: The City owns the property situated at 3501 Rickenbacker Causeway, Miami, Florida 33149 ("Property"). 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. The intended operation is a boat repair and maintenance business, encompassing the servicing and care of boats, boat engines, and systems. Area 1 comprises 638 sq ft, while Area 2 consists of 730 sq ft. The City of Miami's Marina Operations will provide three (3) boat racks within Area 2 for the Licensee's use during the term of the RLA. 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. A guarantee deposit of eight thousand five hundred five dollars and zero cents ($8,505.00) will be payable. Subsequently, 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. Budget Impact Analysis Item is Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office City Manager's Office Legislative Division Office of the City Attorney City Commission Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B and Asset Management 02/21/2024 11:40 AM Budget Pedro Lacret Budget Marie Gouin Larry M. Spring Arthur Noriega V Valentin J Alvarez James Brako Maricarmen Lopez Thomas M. Fossler Victoria Mendez City Clerk's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review ACA Review Meeting ACA Review Approved Form and Correctness Rendered Department Head Completed 02/22/2024 4:03 PM Completed 02/26/2024 8:31 AM Completed 03/01/2024 8:40 AM Completed 03/01/2024 8:56 AM Completed 03/01/2024 10:39 AM Completed 03/01/2024 1:54 PM Completed 03/14/2024 9:00 AM Completed 03/26/2024 1:26 PM Completed 04/02/2024 12:47 PM Completed 04/02/2024 4:45 PM City of Miami Legislation Resolution Enactment Number: R-24-0098 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 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: ndez, ity ttor 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.