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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16845 Date: 10/22/2024 Commission Meeting Date: 12/12/2024 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Authorize License Agrmnt — City of Miami - Monki Biz, LLC. 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 Monki Biz, LLC. d/b/a FloFoil, ("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 retail store offering specialized equipment for watersports and outdoor activities equipment for a monthly use fee equal to four thousand five hundred dollars and zero cents ($4,500.00) plus taxes, 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 located at 3501 Rickenbacker Causeway, Miami, Florida 33149 ("Property"). The Licensee submitted a Letter of Intent seeking the right to license a portion of the Property, comprised of approximately 1,069 square feet of ground floor vacant retail space ("Premises"). The intended use is to operate a retail store offering specialized equipment for watersports and outdoor activities. The total monthly use fee amount is four thousand five hundred dollars and zero cents ($4,500.00), plus applicable taxes, for one year. A guaranteed deposit of nine thousand dollars and zero cents ($9,000.00) will also be payable to the City. Subsequently, a three percent (3%) increase in both the monthly use fee, and guarantee deposit will be applied for every approved 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: Total Fiscal Impact: $ 49,500.00 General Account No: 04002.221100.448000.0000.00000 Department of Real Estate and Asset Management Review Completed Office of Management and Budget Office of Management and Budget Department of Risk Management City Manager's Office City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Reviewed B 10/22/2024 12:20 PM Pedro Lacret Marie Gouin Ann -Marie Sharpe Larry M. Spring Natasha Colebrook -Williams Valentin J Alvarez Arthur Noriega V James Brako George K. Wysong III Todd B. Hannon Andrew Frey Budget Analyst Review Budget Review Risk Review Assistant City Manager Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Department Head Completed 10/22/2024 4:22 PM Completed 10/22/2024 9:16 PM Completed 11/15/2024 8:13 AM Completed 12/03/2024 12:51 PM Completed 12/03/2024 1:33 PM Completed 12/03/2024 1:43 PM Completed 12/03/2024 4:58 PM Completed 12/03/2024 8:13 PM Completed 12/03/2024 8:46 PM Completed 12/12/2024 9:00 AM City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16845 Final Action Date:12/12/2024 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 MONK! BIZ, LLC. D/B/A FLO FOIL, ("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 RETAIL STORE OFFERING SPECIALIZED EQUIPMENT FOR WATERSPORTS AND OUTDOOR ACTIVITIES FOR A MONTHLY USE FEE OF FOUR THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($4,500.00) PLUS TAXES, WITH A GUARANTEE DEPOSIT OF NINE THOUSAND DOLLARS AND ZERO CENTS ($9,000.00), 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 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. WHEREAS, the City of Miami ("City") is the owner of the property located at 3501 Rickenbacker Causeway, Miami, Florida ("Property"); and WHEREAS, Monki Biz, LLC. d/b/a FloFoil, ("Licensee") submitted a Letter of Intent seeking the right to license a portion of the Property, comprised of approximately 1,069 square feet of ground floor vacant retail space ("Premises"); and WHEREAS, the monthly use fee is equal to four thousand five hundred dollars and zero cents ($4,500.00) plus taxes, for one (1) year; and WHEREAS, a guarantee deposit of nine thousand dollars and zero cents ($9,000.00) will also 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 adopted by reference and incorporated 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 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 retail store offering specialized equipment for watersports and outdoor activities for a monthly use fee equal to four thousand five hundred dollars and zero cents ($4,500.00) plus taxes, if applicable, a guarantee deposit of nine thousand dollars and zero cents ($9,000.00) 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 authorized1 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 for the stated purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: rge = . Wyy•ng III, C y ttor -y 12/3/2024 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.