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HomeMy WebLinkAbout25304AGREEMENT INFORMATION AGREEMENT NUMBER 25304 NAME/TYPE OF AGREEMENT BOTECH MARINE CENTER, INC. DESCRIPTION REVOCABLE LICENSE AGREEMENT/3501 RICKENBACKER CAUSEWAY/FILE ID: 15613/R-24-0098/MATTER ID: 23-1523 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/20/2024 DATE RECEIVED FROM ISSUING DEPT. 12/16/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Real Estate and Asset Management DEPT. CONTACT PERSON: Gabriela Alfonsin, Lease Manager EXT. 1461 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Miami -Dade County IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ® LICENSE AGREEMENT OTHER: ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): RLA between City of Miami and Botech Marine Center Inc. for the use of space at 3501 Rickenbacker Cswy (repair shop) COMMISSION APPROVAL DATE: 3/14/2024 FILE ID: 15613 ENACTMENT NO.: R-24-0098 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR (DREAM) September 13, 2024 I 16:03:41 EDT PRINT: ANDREW SIGNATURE: FREY ,. DocuSigned by: AA.Jrew Frey SUBMITTED TO RISK MANAGEMENT September 16, 2024 I 06:54:37 EDT PRINT: ANN- SIGNATURE: PRINT: GEORGd7r6V1A4SONG SIGNATURE: 9RcIVATA 2PE , DocuSigned by: Fri Ot40/1) September 17, 2024 I 11:18:33 SUBMITTED TO CITY ATTORNEY Matter ID No. 23-1523 — ACA Fossler EDT III DocuSigned by: Gc-orot, RiSoln.,1 111 September 16, 2024 I 10:42 : 52 APPROVAL BY ASSISTANT CITY MANAGER / CFO EDT PRINT: LARRWRZENtiz.m SIGNATURE: , DocuSigned by: boi biSpy'ty RECEIVED BY CITY MANAGER September 20, 2024 I 09:28:56 EDT PRINT: ART SIGNATURE: CdD460P- 7EGAC5* 4 NORI DocuSigned by: Q NDri cAyt 850CF6C372DD42A... ATTESTED BY CITY CLERK September 20, 2024 I 10:33:41 EDT PRINT: TODD SIGNATURE:[ B. HANNON DocuSigned by: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER REVOCABLE LICENSE AGREEMENT ISSUED BY THE CITY OF MIAMI TO BOTECH MARINE CENTER, INC. FOR THE OCCUPANCY OF THE PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY MIAMI, FLORIDA 33149 Table of Contents RECITALS 3 1. Incorporation of Recitals and Exhibits. 3 2. Purpose 3 3. Occupancy and Use Period. 4 4. Interest Conferred by this Agreement 4 5. Continuous Duty to Operate. 4 6. Use Fee. 4 7. Late Fees. 4 8. Returned Check Fee 5 9. Guarantee Deposit 5 10. Services and Utilities. 5 11. Reporting Requirements. 6 12. Condition of the Property and Maintenance. 6 13. Alterations, Additions, or Improvements. 6 14. Violations, Liens and Security Interests. 7 15. City Access to Property. 7 16. Indemnification and Hold Harmless. 8 17. Insurance. 8 18. No Liability 8 19. Safety. 9 20. Taxes and Fees. 9 21. Revocation or Termination. 9 22. Notices. 10 23. Advertising 10 24. Hazardous Materials. 11 25. Radon Gas 12 26. Licenses, Authorizations and Permits 12 27. Compliance with all Applicable Laws. 12 28. Ownership of Improvements. 12 29. Surrender of Property 12 30. Severability. 13 1 31. No Assignment or Transfer 13 32. Public Records. 13 33. Americans with Disabilities Act. 14 34. Nondiscrimination. 14 35. Governing Law 14 36. Venue and Attorneys' Fees 14 37. Waiver of Jury Trial. 14 38. Waiver 15 39. Time of Essence. 15 40. No Interpretation Against Draftsmen. 15 41. Amendments. 15 42. Further Acts. 15 43. Third Party Beneficiary. 15 44. No Partnership. 15 45. Headings. 15 46. Authority. 15 47. Entire Agreement. 16 48. Electronic Signatures/Counterparts. 16 49. Special Terms Error! Bookmark not defined. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E — EXHIBIT F — EXHIBIT G EXHIBITS — USE FEE — REPORTING REQUIREMENTS — INSURANCE REQUIRMENTS — DESCRIPTION OF PROPERTY CITY RESOLUTION CORPORATE RESOLUTION — PROPERTY DEED 2 REVOCABLE LICENSE AGREEMENT This Revocable License Agreement ("Agreement") is made and entered into this day of , 20 ("Effective Date"), by and between the City of Miami a municipal corporation of the State of Florida, with address at 444 SW 2nd Avenue Miami, FL 33130 ("City") and Botech Marine Center, Inc., a Florida profit corporation, with its principal address at 335 S. Biscayne Boulevard, 710, Miami, Florida 33131 ("Licensee") (collectively the "Parties"). RECITALS WHEREAS, the City is the owner of the real property located at 3501 Rickenbacker Causeway, Miami, Florida 33149, also known as the Marine Stadium Marina, as further described in Exhibit "D" (the "Property"); and WHEREAS, the Licensee requests permission to use a portion of the property, as further described in Exhibit "D" (the "Area") for the purpose of operating a boat repair and maintenance business, including servicing and care of boats, boat engines and systems; and WHEREAS, the Parties desire to enter into this Agreement to outline the terms of such use; and WHEREAS, this Agreement is personal to the Licensee, non -assignable, revocable -at - will by the City, and does not convey any real property interest, leasehold, possessory interest, or exclusive access to the Property or the Area; NOW THEREFORE, in consideration of the mutual covenants set forth herein, the Parties hereby agree as follows: 1. Incorporation of Recitals and Exhibits/Days. The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: EXHIBIT A — USE FEE EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E — EXHIBIT F — EXHIBIT G — REPORTING REQUIREMENTS — INSURANCE REQUIRMENTS — DESCRIPTION OF PROPERTY CITY RESOLUTION CORPORATE RESOLUTION — PROPERTY DEED In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor of this Agreement then the priority order indicated above. Any reference to days in this Agreement shall mean calendar days, unless otherwise specified. 2. Purpose. The City, as the rightful owner of the Property, recognizes that the Area is currently not required by any City office or department for municipal purposes. Licensee seeks to utilize the 3 Area to operate a boat repair and maintenance business, including, servicing and care of boats, boat engines and systems, and other ancillary uses ("Permitted Uses"). Acknowledging the value of these uses, the City is prepared to support the Licensee's efforts by permitting the occupation and utilization of the Area exclusively for the Permitted Uses under the stipulated terms and conditions set forth herein. The Licensee's occupancy is expressly limited to these Permitted Uses, with any deviation requiring prior written consent from the City Manager, who retains the right to grant or withhold such consent at his/her sole discretion. 3. Occupancy and Use Period. This Agreement is effective as of the Effective Date first written above and shall remain in effect through one (1) year from the Effective Date ("Term"), unless revoked or terminated sooner in accordance with this Agreement. This Agreement may be renewed for additional one (1) one-year period upon the written request of Licensee submitted no later than ninety (90) days prior to the end of the current term and the written approval of the City Manager, who may withhold such approval in his/her sole discretion, provided that Licensee is in compliance with all aspects of this Agreement. 4. Interest Conferred by this Agreement. The City grants Licensee a non-exclusive, revocable -at -will license to occupy and use the Area, solely for the limited and specific purposes of conducting the Permitted Uses. It is expressly understood by the Parties that this Agreement constitutes a revocable -at -will license, not a lease, and as such, conveys no leasehold, ownership, exclusive possession, or other real property interest to the Licensee. 5. Continuous Duty to Operate. The Licensee must continuously occupy and utilize the Area solely for the Permitted Uses, as specified from the Effective Date throughout the term of this Agreement. Included in this continuous duty to operate are the following: (i) Ensuring the Area is always equipped with necessary materials, trade fixtures, and furnishings to operate appropriately for its intended purpose; and (ii) Operating the Area during established hours, which will be detailed in the Annual Plan. The Licensee's failure to adhere to these operational requirements, except in cases of Force Maj eure or unforeseeable circumstances that render the Area unusable, may result in the immediate revocation of this Agreement by the City. 6. Use Fee. In consideration of this Agreement, the Licensee agrees to pay the use fees as indicated in Exhibit "A." 7. Late Fees. Should any installment of the use fees or any other payment due under this Agreement not be received by the City within five (5) calendar days of its due date, the Licensee will incur a late fee equal to five percent (5%) of the overdue amount. This late fee is to be paid alongside the overdue payment. It is understood that paying this late fee does not excuse or nullify the breach 4 caused by the late payment, nor does it preclude the City from exercising any other remedies available under this Agreement or by law. 8. Returned Check Fee In the event any check is returned to the City as uncollectible, the Licensee shall pay to City a returned check fee ("Returned Check Fee") based on the following schedule: Returned Amount Returned Check Fee $00.01 - $50.00 $20.00 $50.01 - $300.00 $30.00 $300.01 - $800.00 $40.00 Over $800 5% of the returned amount The Returned Check Fee shall constitute additional fees due and payable to City by Licensee, upon the date of payment of the delinquent payment referenced above. Acceptance of Returned Check Fee by City shall, in no event, constitute a waiver of Licensee's violations with respect to such overdue amount nor prevent City from the pursuit of any remedy to which City may otherwise be entitled. 9. Guarantee Deposit. Upon the Effective Date of this Agreement, the Licensee shall submit to the City a guarantee deposit in an amount specified in Exhibit "A" ("Guarantee Deposit") as a condition of this Agreement's effectiveness. This Guarantee Deposit is to secure the Licensee's adherence to all terms and payment obligations under this Agreement, including, but not limited to use fees, maintenance, repairs, restoration, or other applicable charges or obligations. The City will hold the Guarantee Deposit for the duration of this Agreement, including any renewal periods, and will utilize it, as necessary, to cover any expenses or damages resulting from the Licensee's use, or lack thereof, of the Property. This may include costs associated with property restoration to its original, pre-existing condition, repair or replacement of damaged City -owned equipment or materials, and any outstanding fees or charges owed to the City. Should the Licensee fully satisfy its obligations under this Agreement, the City will return the remaining portion of the Guarantee Deposit to the Licensee. In cases where the expenses exceed the Guarantee Deposit, the Licensee agrees to pay the additional amount required within five (5) business days of the City's request. If the City utilizes any portion of the Guarantee Deposit, the Licensee must replenish the used amount within five (5) business days of the City's notification to ensure the Guarantee Deposit remains fully funded at the initially agreed amount indicated above. The City's right to use the Guarantee Deposit does not limit its ability to exercise other remedies available under this Agreement or applicable law. 10. Services and Utilities. 10.1 Licensee's Responsibilities. 5 The Licensee shall, at its sole expense, ensure the provision and payment for all utilities required during its occupancy of the Area. This includes electricity, water, storm water fees, gas, telephone, television, cable, telecommunications, internet, garbage, sewer, and any other similar utilities. The Licensee is also responsible for all installation costs and ensuring utilities are billed directly from the providers. The Licensee must provide, at its own expense, all necessary cleaning, janitorial, pest and termite control services to maintain the Area in a clean, sanitary, and vermin -free condition. Furthermore, the Licensee is tasked with securing the Area, including the responsibility to provide security if deemed necessary, turn off equipment, lock doors after operations, and undertake preventative safeguarding measures in the event of a hurricane or any storm for which there is a declared state of emergency, or other foreseeable damaging events. 10.2 City's Responsibility. The City will not bear any costs for utilities or services utilized by the Licensee and retains the right to interrupt, curtail, or suspend utility services it provides in specific circumstances such as accidents, emergencies, necessary repairs, alterations, or improvements, or due to uncontrollable factors beyond the reasonable control of the City. The City commits to conducting such interruptions with reasonable diligence and is not liable for utility service failures beyond its reasonable control. Given this Agreement constitutes a revocable license and not a lease, the Licensee acknowledges that it has no reasonable expectation to receive uninterrupted utility services from the City. Therefore, the Licensee shall not claim damages against the City in the event of a disruption, regardless of the cause. 11. Reporting Requirements. The Licensee is obligated to prepare and submit specific reports and documents as specified in Exhibit "B." 12. Condition of the Property and Maintenance. The Licensee accepts the Area as it currently stands, "as is," acknowledging that it comes without any guarantees from the City concerning its condition, and irrespective of any latent or obvious defects. It is the Licensee's sole responsibility, at its own expense, to maintain the Area in good condition, factoring in reasonable wear and tear. This includes, but is not limited to, keeping the Property clean, safe, and sanitary, and making all necessary interior and exterior non-structural repairs that arise from the Licensee's use. The Licensee agrees to undertake any modifications needed to comply with City, County, and State regulations at its own cost. Except in cases of emergency which threaten injury or damage to person or property, any repairs exceeding one thousand dollars ($1,000.00) will require the City's written approval, which may be conditioned, denied, or withheld at its discretion. In the case of an emergency, the Licensee may proceed with necessary repairs but must notify the City as soon as reasonably possible. 13. Alterations, Additions, or Improvements. The Licensee must obtain the City's written approval, which may be conditioned, denied, or approved in its sole discretion, prior to making any alterations, additions, or improvements (collectively referred to as "alterations") to the Area. In the event such an alteration is approved, 6 no work shall commence until plans and specifications for said alteration has been submitted and approved by the City Manager or his/her designee. The Licensee must obtain all necessary permits, including but not limited to building permits, for any alterations to the Area. All costs related to alterations, such as design, construction, installation, and permitting are the Licensee's responsibility. All alterations to the Area, regardless of whether made at the Licensee's expense, will immediately become the property of the City upon completion and must remain with and be surrendered with the Area. Licensee understands and acknowledges the foregoing as a precondition for the City approving any alterations to be performed upon the Area. The Licensee must ensure all alterations comply with statutes, laws, codes, ordinances, and regulations of the State of Florida, Miami -Dade County, the City of Miami, and any other relevant authorities. 14. Violations, Liens and Security Interests. The Licensee must ensure that no statutory, laborer's, material person, or construction liens are filed against the Property, nor on any alterations made by Licensee. The Licensee has no authority to incur liens that would bind the City or the Property and is obligated to prevent any such claims. If a lien is filed, the Licensee is required to resolve it within fifteen (15) days of becoming aware of the filing by either clearing the lien from the record or initiating proceedings to contest it. In cases where the Licensee opts to contest a lien, it must perform the following: (i) Notify the City in writing of its intent to contest; (ii) Proceed in good faith with the contest; and (iii) Provide and maintain a surety bond or other City -approved security covering 110% of the contested lien amount, including interest and costs and including reasonable attorney's fees in connection therewith. Should the Licensee fail to address any lien as specified, the City may, at its discretion and without being obliged to, intervene to clear the lien. Costs including, but not limited to, reasonable attorney's fees, incurred by the City in such cases will be charged to the Licensee as additional payments under this Agreement. Licensee further agrees to indemnify, defend, and hold harmless the City against any and all claims, demands, and expenses, including reasonable attorney's fees, by reason of any claims of any contractor, subcontractor, material person, or laborer or any other third party with whom Licensee has contracted or otherwise is found liable for, with respect to the Area. 15. City Access to Area. The City, including its agents, employees, and contractors, shall have the right to access the Area at all times, without restriction to normal business hours, for purposes including, but not limited to, inspecting the Area, ensuring compliance with this Agreement and applicable laws, showing the Area to prospective buyers, licensees, or leasees, performing any obligations of Licensee that it has failed to perform, and any other purpose as may be deemed necessary. The City will endeavor to provide at least twenty-four (24) hours' notice of its intention to access the Area, 7 except in emergencies or where such notice is impracticable. The Licensee may, at its option, be present during any such access. The City shall be provided with a complete set of keys or access devices to the Area. Should the Licensee change any locks or security devices at the Area, it must first obtain written approval from the Director of the Depailment of Real Estate and Asset Management ("Director") and, prior to such change, provide the City with the necessary keys or access devices at the Licensee's expense. Notwithstanding the above, the City's right to access the Area for inspection purposes shall not be construed as an obligation to conduct such inspections. The City shall not be liable for any failure to identify or communicate defects or compliance issues during inspections, nor shall it be liable for any loss or damage to the Licensee by reason of exercising its right to access the Area. 16. Indemnification and Hold Harmless. The Licensee agrees to indemnify, defend, and hold harmless, the City, its officials, employees, and agents (collectively "Indemnitees") from all losses, costs, penalties, fines, damages, claims, expenses, including, but not limited to, reasonable attorney's fees, or liabilities (collectively "Liabilities") that arise from any injury, death, or damage to person or property in connection with (i) the Licensee's performance or nonperformance of its obligations contemplated by this Agreement, caused directly or indirectly by Licensee or its employees, agents, subcontrators, or invitees, regardless of whether its alleged that the Indemnitees contributed to the Liabilities; or (ii) the Licensee's failure to adhere to any agreement terms or to comply with statutes, ordinances, codes, rules, or regulations in connection with this Agreement. In the event the City becomes aware of a Liability for which this indemnification would apply, it will promptly inform the Licensee. The Licensee agrees to intervene, if necessary, and select defense counsel that is satisfactory to the City Attorney, approval of which shall not be unreasonably withheld. The Licensee will proceed with the defense in good faith and may not settle any claim without the City Attorney's written consent, which shall not be unreasonably withheld. Furthermore, the Licensee acknowledges that being permitted to use and occupy the Area is sufficient consideration from the City for this indemnification, which shall survive the termination or expiration of this Agreement. Nothing contained herein shall be construed to operate as a waiver of sovereign immunity beyond the limitations set forth in Section 768.28, Florida Statutes. 17. Insurance. Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times throughout the period of this Agreement, insurance policies that satisfy the requirements as set forth in Exhibit "C" attached hereto and made a part hereof. 18. No Liability. In no event shall the City be liable or responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment belonging to or rented by Licensee, its officers, agents, employees, invitees or patrons occurring in or about the Area that may be stolen, destroyed, or in any way damaged, including, without limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may leak or flow from or into any part of the Area, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air 8 conditioning or lighting fixtures of the Area, or from hurricane or any act of God or any act of negligence of any user of the facilities or occupants of the Area or any person whomsoever whether such damage or injury results from conditions arising upon the Area or upon other portions of the Property or from other sources. Licensee further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Area, Licensee, on behalf of himself, his agents, invitees, and employees, does hereby release from any legal liability the City, its officers, agents, and employees, from any and all claims for injury, death, or property damage resulting from Licensee's use of the Area. 19. Safety. Licensee will allow City inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations, and ordinances. By performing these inspections, the City, its agents, or representatives are not assuming any liability by virtue of these laws, rules, regulations, and ordinances. Licensee shall have no recourse against the City, its agents, or representatives from the occurrence, nonoccurrence or result of such inspection(s). Upon issuance of a notice to proceed, the Licensee shall contact the Risk Management Department at (305) 416-1700 to schedule the inspection(s). 20. Taxes and Fees. Licensee shall pay before any fine, penalty, interest or costs is added for nonpayment, any and all charges, fees, taxes, impositions, or assessments levied against the Property (collectively Assessments), its proportionate share of use of the Property and/or against personal property of any kind, owned by or placed in, upon or about the Area by Licensee, including, but not limited to, ad valorem taxes, fire fees, if any, and parking surcharges. In the event Licensee appeals an Assessment, Licensee shall immediately notify the City Manager of its intention to appeal said Assessment and shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to the City Manager, or his/her authorized designee, or other security reasonably satisfactory to the City Manager, or his/her authorized designee, in an amount sufficient to pay one hundred percent (100%) of the contested Assessment with all interest on it and costs and expenses, including reasonable attorneys' fees to be incurred in connection with it. 21. Revocation or Termination. (i) Revocation by Request of Either Party Without Cause. The City may revoke this Agreement at any time without cause by giving not less than thirty (30) days written notice to the Licensee prior to the effective date of the revocation. This is a revocation for convenience clause and neither party shall have any recourse against the other party due to the exercise of such revocation provided; however, that Licensee must pay its fees due to the City under this Agreement through the effective date of such revocation. The Licensee may terminate this Agreement at any time without cause by giving not less than thirty (30) days written notice to the City prior to the effective date of the termination. Licensee must pay its fees due to the City under this Agreement through the effective date of such termination. 9 (ii) Immediate Revocation by City If at the sole and complete discretion of the City Manager, Licensee in any manner violates the restrictions, terms, and conditions of this Agreement, then, and in the event, after ten (10) days written notice given to Licensee by the City Manager within which to cease such violation or correct such deficiencies or begin to correct deficiencies that are by their nature not correctable within ten (10) days, and upon failure of Licensee to do so after such written notice within said ten (10) day period, this Agreement shall be automatically revoked without the need for further action by the City. Upon such automatic revocation, Licensee shall abide by the terms of Paragraphs 6 and 32 herein. 22. Notices. All notices or other communications which may be given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered by personal service or by certified mail addressed to City and Licensee at the address indicated herein or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier: AS TO THE LICENSEE AS TO THE CITY: Business Corporate Support LLC Art Noriega 4627 NW 44th Court City Manager Tamarac, FL 33319 444 SW 2"d Avenue, 10th Floor Miami, FL 33130 anoriega@miamigov.com WITH A COPY TO: George K. Wysong III City Attorney 444 SW 2"d Avenue, 9th Floor Miami, FL 33130 gwysong@miamigov.com 23. Advertising. The Licensee shall not install any signage or advertisements, inside or outside the Area, without prior approval from the City Manager or their designee, which approval may be withheld or denied for any reason in his or her sole discretion. All signs, decorations, or advertisements permitted must be maintained in good condition by the Licensee at their own cost. 10 The Licensee shall secure any necessary approvals or permits from relevant governmental authorities, adhering to all local laws, rules, and regulations including, but not limited to the Miami - Dade County Code, the City of Miami Code, and the Miami 21 Zoning Code. Any signage present at the start of this Agreement must also comply with these requirements. Upon termination or expiry of this Agreement, the Licensee is responsible for removing all such signage at their expense, ensuring no damage to the Property. If removal causes damage, the Licensee must repair it at their cost within ten (10) days of a written notice from the City. Should Licensee fail to make such repairs within the alotted time, the City may make such repairs at the Licensee's expense, payable within five (5) days of invoicing. Licensee hereby understands and agrees that the City may, at its sole discretion, place signage upon the Property. 24. Hazardous Materials. The Licensee shall, at its sole cost and expense, at all times and in all respects comply with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to hazardous materials ("Hazardous Materials Laws"), including, without limitation, any Hazardous Materials Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation of any flammable explosives, toxic substances or other hazardous, contaminated or polluting materials, substances or wastes, including, without limitation, any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances" (collectively "Hazardous Materials"), under any such laws, ordinances or regulations. The Licensee shall, at its sole cost and expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to the presence of Hazardous Materials within, on, under or about the Property or required for the Licensee's use of any Hazardous Materials in or about the Property in conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials. Upon revocation or expiration of this Agreement, the Licensee shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices, placed in or about the Property by the Licensee or at the Licensee's direction, to be removed from the Property and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws. The Licensee may operate according to the custom of the industry so long as the use or presence of Hazardous Materials is strictly and properly monitored according to, and in compliance with, all applicable governmental requirements. The requirements of this Paragraph shall survive the revocation or expiration of this Agreement. The City represents that: 11 (i) To the best of its knowledge there are no environmental violations, whether under federal, state, or local laws, existing on the Property; and (ii) To the best of its knowledge there are no Hazardous Materials presently existing on the Property. 25. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Licensee may, have an appropriately licensed person test the Property for radon. If the radon level exceeds acceptable EPA standards, the City may choose to reduce the radon level to an acceptable EPA level, failing which either party may cancel this Agreement. 26. Licenses, Authorizations and Permits. Licensee shall obtain and maintain in full force and effect throughout the term of this Agreement, at its sole expense, all local, state, and federal licenses, authorizations and permits that are necessary for Licensee to conduct its commercial activities. Licensee shall be responsible for paying the cost of said applications and obtaining said licenses, authorizations and permits. 27. Compliance with all Applicable Laws. Licensee acknowledges and agrees to conduct its activities in strict compliance with all applicable federal, state, and local laws, codes, ordinances, and regulations as the same presently exist and as they may be amended hereafter. 28. Ownership of Improvements. As of the Effective Date and throughout the use period, all buildings and improvements on the Property, including the Area, shall be vested with the City. Furthermore, title to all alterations made in or to the Area, whether or not by or at the expense of Licensee, shall, unless otherwise provided by written agreement, immediately upon their completion become the property of the City and shall remain and be surrendered with the Area. 29. Surrender of Area. Upon early termination or revocation of this Agreement, the Licensee must peacefully surrender the Area in good condition, including all alterations, fixtures, and improvements made upon the Area. The Licensee is responsible for removing their personal property, trade fixtures, and equipment, and must repair any damage resulting from such removal. If the Licensee fails to make repairs within ten (10) days of receiving written notice from the City, the City may undertake repairs at the Licensee's expense, with payment due within five (5) days of invoicing. Damage from moving Licensee's property in or out is excluded from ordinary wear and tear. The City may require the Area to be restored to its pre-existing condition. If the Licensee does not remove their property within the specified notice period, it will be considered abandoned and become the City's property. The City may then remove or dispose of these items at the Licensee's expense, without liability. 12 30. Severability. It is the express intent of the parties that this Agreement constitutes a license and not a lease. To further this intent, the parties agree as follows: (i) if any provision of this Agreement, or the application thereof to any circumstance, suggest that a lease, rather than a license, has been created, then such provision shall be interpreted in the light most favorable to the creation of a license, and (ii) if any provision of this Agreement, or the application thereof to any circumstance, is determined by a court of competent jurisdiction to have created a lease rather than a license, then such provision shall be stricken and, to the fullest extent possible, the remaining provisions of this Agreement shall not be affected thereby and shall continue to operate and remain in full force and effect. With regard to those provisions which do not affect the parties intent for this Agreement, should any provision, section, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, section, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 31. No Assignment or Transfer. Licensee cannot assign or transfer its privilege of occupancy and use granted unto it by this Agreement. Any assignment, sale or disposition of this Agreement or any interest therein by Licensee shall result in the automatic revocation of this Agreement without notice by the City. 32. Public Records. Licensee understands that the public shall have access, at all reasonable times, to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. IF LICENSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO LICENSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a,MIAMIGOV.COM, OR REGULAR EMAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. LICENSEE MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. 33. Conflict of Interest. Licensee is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2-11.1 et. seq.) and of the State of Florida as set forth in the Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. Licensee covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City. Licensee further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided 13 hereunder. Any such conflict of interest(s) on the part of Licensee, its employees or associated persons, or entities must be disclosed in writing to the City. 33. Americans with Disabilities Act. Licensee shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, Licensee shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. 34. Nondiscrimination. In the performance of this Agreement or any extension thereof, Licensee and/or its authorized agents shall not discriminate in connection with its occupancy and use of the Property and improvements thereon, or against any employee or applicant for employment because of race, ancestry, national origin, color, sex, religion, age, disability, familial status, marital status or sexual orientation. Licensee and/or its authorized agents will ensure that its employees are fairly treated during employment without regard to their race, national origin, ancestry, color, sex, religion, age, disability, familial status, marital status or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. 35. Governing Law This Agreement shall be construed and enforced according to the laws of the State of Florida. 36. Venue and Attorneys' Fees. Venue for any dispute or civil action arising in connection with this Agreement shall lie exclusively in the state and federal courts located in Miami -Dade County, Florida. The parties shall attempt to mediate any dispute without litigation. If the parties agree to mediate any such dispute the standards and procedures of set forth in Chapter 44, Florida Statutes, "Mediation Alternatives to Judicial Action", as amended, will apply. However, this is not intended to establish mediation as a condition precedent before pursuing specific performance, equitable or injunctive relief. In the event it becomes necessary for either party to institute legal or administrative proceedings to enforce the provisions of this Agreement, each party shall bear its own attorneys' fees. 37. Waiver of Jury Trial. The parties hereby knowingly, irrevocable, voluntarily, and intentionally waive any right either may have to a trial by jury in respect of any action, proceeding or counterclaim based on this Agreement, or arising out of, under or in connection with this Agreement or any amendment or modification of this Agreement, or any other agreement executed by and between the parties in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto. This waiver of jury trial provision is a material inducement for the City and Licensee entering into the subject transaction. 14 38. Waiver. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made express in writing. 39. Time of Essence. It is expressly agreed by the parties hereto that time is of the essence with respect to this Agreement. If the final day of any period falls on a weekend or legal holiday, then the final day of said period or the date of performance shall be extended to the next business day thereafter. 40. No Interpretation Against Draftsmen. The Parties agree that no provision of this Agreement shall be construed against any particular party and each party shall be deemed to have drafted this Agreement. This Agreement is the result of negotiations between the Parties and has been typed/printed by one party for the convenience of both Parties, and the Parties covenant that this Agreement shall not be construed in favor of or against either of the Parties. 41. Amendments. This Agreement may be amended only by written document, properly authorized, executed, and delivered by both parties hereto. For the City, appropriate authorization shall be construed to mean appropriate formal action by the City Manager or the City Manager's designee, or if required by law, the Miami City Commission. 42. Further Acts. In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by the Parties, the Parties each agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts, deeds and assurances as may be necessary to consummate the transactions contemplated hereby. 43. Third Party Beneficiary. This Agreement is solely for the benefit of the Parties hereto and no third party shall be entitled to claim or enforce any rights hereunder. 44. No Partnership. Nothing contained herein shall make, or be construed to make any party a principal, agent, partner or joint venture of the other. 45. Headings. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 46. Authority. Each of the Parties hereto acknowledges it is duly authorized to enter into this Agreement and that the signatories below are duly authorized to execute this Agreement in their respective behalf. 15 47. Entire Agreement. The Parties hereto agree that this License set forth the entire agreement between the Parties, and there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this License may be added to, modified, superseded, or otherwise altered, except as may be specifically authorized herein or by written instrument executed by the Parties hereto. 48. Electronic Signatures/Counterparts. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose name is contained therein. Any Party providing an electronic signature agrees to promptly execute and deliver to the other Parties an original signed Agreement upon request. 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. ATTEST: Witness 1: BY: NAME:., TITLE: Witness 2: BY: NAME: TITLE: GIs"n AAR ►��. 17 LICENSEE Botech Marine Center, Inc. A Florida Profit Corporation NAME: E- J_ 1i%eki Fad_ TITLE: D irf'bo Signed by: ATTEST: THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA DocuSigned by: -DocuSigned by: Q Noviuoda, BY: C4GD7 G@DCFI4�9... BY:—850CFBC372f1n42A Todd B. Hannon City Clerk Arthur Noriega City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: BY: DocuSigned by: ac orT, Risat4 111 E9FE88248B... George K. Wysong III City Attorney 18 REQUIREMENTS: BY: Ann -Marie Sharpe Director of Risk Management EXHIBIT A USE FEE/SPECIAL TERMS 1. Monthly Use Fee. In consideration of this Agreement, commencing on the Effective Date, Licensee agrees to pay a monthly use fee to the City in the amount of Four Thousand Two Hundred Fifty -Two Dollars and Fifty Cents ($4,252.50) per month, plus State Use Tax, if applicable, comprised of Two Thousand Three Hundred Twelve Dollars and Fifty Cents ($2,312.50) for use of the Repair Shop and One Thousand Nine Hundred Forty Dollars ($1,940.00) for use of the Boat Dock Racks areas, for each month or any portion thereof that Licensee uses or occupies the Area ("Monthly Use Fee"), which Monthly Use Fee shall be paid in advance and in full on the first day of each month without notice or demand. Payments shall be made payable to the "City of Miami" and shall be delivered to the following address: City of Miami Depaituient of Finance Attn: Cash Receipts Section 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 For online payments, visit http://miamigov.com/pay 2. Guarantee Deposit. Upon the Effective Date of this Agreement, Licensee shall pay a guarantee deposit in the amount of Eight Thousand Five Hundred Five Dollars ($8,505.00). 3. Annual Increase. Effective on each anniversary of the Effective Date, including option year(s), the Use Fee and the Guarantee Deposit shall be subject to an automatic annual increase of three percent (3%) over the prior year. The Licensee shall pay the increased Use Fee and the difference in the Guarantee Deposit with the first payment due after the anniversary date. Failure to pay the increased Use Fee or the difference in the Guarantee Deposit as required shall constitute a default under this Agreement. 19 EXHIBIT B REPORTING REQUIRMENTS [This page intentionally left blank] 20 EXHIBIT C INSURANCE REQUIREMENTS I. Commercial General Liability A. B. Limits of Liability i. Bodily Injury and Property Damage Liability Each ii. General Aggregate Limit iii. Products/Completed Operations iv. Personal and Advertising Injury v. Damage to Rented Premises Endorsements Required i. City of Miami listed as an additional insured ii. Contingent and Contractual Liability iii. Premises and Operations Liability iv. Primary Insurance Clause Endorsement v. Ship Repairs Liability vi. Accidental Pollution II. Business Automobile Liability A. Limits of Liability i. Bodily Injury and Property Damage Liability ii. Combined Single Limit iii. Any Auto, Owner, or Scheduled Autos iv. Including Hired, Borrowed or Non -Owned Autos v. Any One Accident B. Endorsements Required i. City of Miami included as an Additional Insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation USL&H Endorsement Occurrence $1,000,000 $2,000,000 $1,000,000 $1,000,000 $100,000 $1,000,000 IV. Employer's Liability Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit V Vessel/Protection and Indemnity Liability (if applicable) 21 Limits of Liability Each Occurrence/Aggregate Limit Jones Act Included City of Miami listed as additional insured VI. Umbrella Liability Each Occurrence Policy Aggregate $1,000,000 $1,000,000 $1,000,000 City of Miami listed as an additional insured Excess Follow Form over all applicable liability policies contained herein. VII. Property Commercial Property Insurance covering the Business Personal Property owned by the LICENSEE. Commercial property insurance shall, at a minimum, cover the perils insured under the ISO Special Causes of Loss Special Form (CP 10 30), or a substitute form providing equivalent coverages written on an All Risk or Direct Physical Loss or Damage basis with no coinsurance, including wind and named storm coverage and hail not to exceed 5% deductible depending on market conditions, along with earth movement and flood. The property form should also include coverage for business income. The amount of insurance shall equal the full estimated replacement cost of all real and business personal property owned by the LICENSEE. The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. 22 ACORD CERTIFICATE OF LIABILITY INSURANCE `.------ DATE(MM/DD/YYYY) 08/05/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Trust Insurance Brokers, Inc 3625 Northwest 82nd Avenue Suite 100-F Dora! FL 33166 CONTACT NAME: Fernando Clemente (A//c,, o, Ext): (954) 938-3510 FAX No): E-MAIL ADDRESS: Iflemente@trust-insurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Argonaut Insurance Company INSURED Botech Marine Center, Inc 335 S Biscayne Blvd Miami FL 33131 INSURER B INSURER C: INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR wVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERALLIABILITY X 7260M5854-00 07/29/2024 07/29/2025 EACH OCCURRENCE $ 1 ,000,000 CLAIMS -MADE X OCCUR DAMAGE TRENTED PREM SESO(Ea occurrence) $ - MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 1,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 7260M5855-00 07/29/2024 07/29/2025 EACH OCCURRENCE $ 1 ,000,000 AGGREGATE $ 1 ,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is included as an additional insured in all policies referenced above. As respects the General Liability Policy, it shall be Primary & Non Contributory for all Additional Insureds, and any other insurance maintained by such Additional Insureds shall be excess only and shall not be called upon to contribute with this insurance. The General Liability Policy also includes Ship Repairers Legal Liability Coverage for the care, custody and control of regular business operations of the name insured. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BOTECH MARINE CENTER August 21, 2024 Auto Insurance Requirement To Whom It May Concern: @Botechmarinecenter Q; (786) 405-3044 0 Ericbotechc@gmail.com This is to request an exemption from Auto Insurance Requirement. Our organization has no owned vehicles or Business Personal Property. Sincerely Eric Martinez Q 3501 Rickenbacker Cswy, Key Biscayne, FL 33449 BOTECH MARINE CENTER Worker's Compensation Insurance Requirement To Whom It May Concern: @Botechmarinecenter Q; (786) 405-3044 0 Ericbotechc@gmail.com This is to request an exemption from Worker's Compensation Insurance Requirement. Our organization has three or less employees and we are in compliance with Chapter 440, Florida Statutes. Thanks, Eric Martinez Q 3501 Rickenbacker Cswy, Key Biscayne, FL 33449 EXHIBIT D DESCRIPTION OF PROPERTY Folio Number: 01-4127-000-0030 See attached Deed in Exhibit G for full property description. DESCRIPTION OF AREA Repair shop approximately 638 sqft Boat Dock Racks Area approximately 730 sqft Inclusive of Three (3) Boat Racks 23 3501 Rickenbacker Causeway, Miami, FL Enhanced Global Summary of Areas BOMA 2017 Office Method A (SF) Floor Level Boundary Rentable Area (IPMS 2) Exclusions Floor Rentable Area 01 11,940.83 9,279.65 2,661.18 02 Total 599.09 34.32 564.77 12,539.92 9,313.97 3,225.95 E F G 1 H Space ID Tenant Area Tenant Occupant (IPMS 3) Ancillary Area Area 2,661.18 2,661.18 564.77 564.77 Building Inter -Building Floor Usable Arrenity Area Arrenity Area Area Building Service Area Inter -Building Service Area Floor Service Area Floor Allocation Ratio Floor Allocation Q Building Amenity and Service Area R T Building Allocation Ratio Rentable Area Reallocated Rentable Load Factor A Area 2,661.18 1.00000 2,661.18 1.00000 2,661.18 2,661.18 1.00000 564.77 1.00000 564.77 1.00000 564.77 564.77 1.00000 3,225.95 3,225.95 3,225.95 3,225.95 3,225.95 3,225.95 1.00000 8/4/2023 Master Drawing Area Calculations Page 1 of 1 3501 Rickenbacker Causeway, Miami, FL Enhanced Global Summary of Areas BOMA 2017 Office Method A (SF) A B C D E F Floor Level Boundary Rentable Area (IPMS 2) Exclusions Floor Rentable Area Space ID 01 HVAC 01 KITCHEN 01 CITY OF MIAMI MARINA OFFICE 01 CITY OF MIAMI OFFICE 1 01 CITY OF MIAMI OFFICE 2 01 REPAIR SHOP (AVAILABLE FOR RENT) 01 STAIR 01 STORAGE 01 STORAGE 1 01 STORAGE 2 01 CITY OF MIAMI WORKSHOP 01 4,500.00 BOAT RACK 01 01 4,050.00 BOAT RACK 02 01 729.65 BOAT DOCK RACKS AREA 01 11,940.83 9,279.65 2,661.18 2,661.18 02 CITY OF MIAMI MARINA OFFICE 1 287.77 02 CITY OF MIAMI MARINA OFFICE 2 236.97 02 CORRIDOR 40.03 02 34.32 Major Vertical Penetrations 02 599.09 34.32 564.77 564.77 Tenant Area (IPMS 3) G H I J K L M N 0 A Tenant Ancillary Area Occupant Area Area Building Amenity Area Inter -Building Amenity Area Floor Usable Area Building Service Area Inter -Building Service Area Floor Service Area Floor Ratio Total 12,539.92 9,313.97 3,225.95 9.68 77.90 274.83 720.61 323.31 637.82 58.61 92.49 30.28 58.89 376.76 3,225.95 Floor location Q Building Amenity and Service Area Building Allocation Ratio Rentable Area Reallocated Rentable Area Load Factor A 9.68 9.68 1.00000 9.68 1.00000 9.68 9.68 1.00000 77.90 77.90 1.00000 77.90 1.00000 77.90 77.90 1.00000 274.83 274.83 1.00000 274.83 1.00000 274.83 274.83 1.00000 720.61 720.61 1.00000 720.61 1.00000 720.61 720.61 1.00000 323.31 323.31 1.00000 323.31 1.00000 323.31 323.31 1.00000 637.82 637.82 1.00000 637.82 1.00000 637.82 637.82 1.00000 58.61 58.61 1.00000 58.61 1.00000 58.61 58.61 1.00000 92.49 92.49 1.00000 92.49 1.00000 92.49 92.49 1.00000 30.28 30.28 1.00000 30.28 1.00000 30.28 30.28 1.00000 58.89 58.89 1.00000 58.89 1.00000 58.89 58.89 1.00000 376.76 376.76 1.00000 376.76 1.00000 376.76 376.76 1.00000 2,661.18 287.77 236.97 2,661.18 287.77 236.97 40.03 40.03 564.77 564.77 3,225.95 3,225.95 1.00000 1.00000 1.00000 1.00000 2,661.18 287.77 236.97 40.03 11111111!1.00000 2,661.18 2,661.18 1.00000 1.00000 287.77 287.77 1.00000 1.00000 236.97 236.97 1.00000 1.00000 40.03 40.03 1.00000 1.00000 564.77 1.00000 564.77 564.77 1.00000 3,225.95 3,225.95 3,225.95 1.00000 8/4/2023 Master Drawing Area Calculations Page 1 of 1 3501 Rickenbacker Causeway, Miami, FL Floor 01 8/4/2023 BOAT RACK 01 4,500 SF STORAGE 2 59 RSF CITY OF MIAMI WORKSHOP 377 RSF 111 BUILDING MEASUREMENT SERVICES Measure Up Corp. BOAT RACK02 4,050 SF BOAT DOCK RACKS AREA 730 SF - c 1n O c REPAIR SHOP _ (AVAILABLE FOR RENT) 638 RSF CITY OF MIAMI OFFICE 2 323 RSF CITY OF MARINA 275 MIAMI OFFICE RSF _ HVAC RSF MI 41111 CITY OF MIAMI c KITCHEN 78 RSF OFFICE 1 -_'1/S`I % 721 RSF ,/ 1 STORAGE 92 RSF C = COUNTER STORAGE 1 30 RSF STAIR 59 RSF Major Vertical Penetration Floor Service Area Building Service Area Occupant Storage Tenant Area (IPMS 3) Building Amenity Area Parking Occupant Storage Corridor Tenant Ancillary Area Inter -Building Service Area Inter -Building Amenity Area Other Exclusions 9,280 2,661 3501 Rickenbacker Causeway, Miami, FL Floor 02 8/4/2023 111 BUILDING MEASUREMENT SERVICES ROOF n OPEN BELOW OPEN BELOW CORRIDOR 40 RSF Measure Up Corp. CITY OF MIAMI MARINA OFFICE 1 288 RSF CITY OF MIAMI MARINA OFFICE 2 237 RSF • Major Vertical Penetration Floor Service Area Building Service Area Occupant Storage Tenant Area (IPMS 3) Building Amenity Area Parking Other Exclusions Occupant Storage Corridor Tenant Ancillary Area Inter -Building Service Area Inter -Building Amenity Area 34 565 EXHIBIT E CITY OF MIAMI RESOLUTION [on the following page] 24 City of Miami Resolution R-24-0098 Legislation 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 City of Miami Page 1 of 2 File ID: 15613 (Revision:) Printed On: 4/19/2024 File ID: 15613 Enactment Number: R-24-0098 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, City 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. City of Miami Page 2 of 2 File ID: 15613 (Revision:) Printed on: 4/19/2024 EXHIBIT F CORPORATE RESOLUTION [on the following page] 25 DIVISION OF CORPORATIONS Dimi(Ji: Jl. ,5),(4,7.org 0r) p ;}rrr�, r � an official Strut of Florida svek.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation BOTECH MARINE CENTER INC. Filing Information Document Number P23000067524 FEI/EIN Number 93-3666834 Date Filed 09/19/2023 Effective Date 09/19/2023 State FL Status ACTIVE Principal Address 335 S BISCAYNE BOULEVARD 710 MIAMI, FL 33131 Mailing Address 335 S BISCAYNE BOULEVARD 710 MIAMI, FL 33131 gistered Agent Name & Address BUSINESS CORPORATE SUPPORT LLC 4627 NW 44TH COURT TAMARAC, FL 33319 Officer/Director Detail Name & Address Title Director Martinez, Eric 335 S BISCAYNE BOULEVARD Suite 710 Miami, FL 33131 Annual Reports Report Year Filed Date 2024 01 /31 /2024 Document Images 01/31/2024 --ANNUAL REPORT View image in PDF format 09/19/2023 -- Domestic Profit View image in PDF format Florida Department of State, Division of Corporations EXHIBIT G PROPERTY DEED 26 COUNTY DEED l TI-HIS DEED OF CONVEYANCE, made th}s/,2 day of March, 1963, by DADE COUNTY, a -political subdivision of the State of Florida, party of then first part, and THE CITY OF MIAMI, FLORIDA, a municipal corporation. party of the meteoric* part. W1TNESSETN: That the said party of the first part, for and in consideration of the sum of One ($1. 00) Dollar to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its PAW 4eaIgor s and assigns forever, the following described hind Tying and being in Dade County, Florida. to wit: Commence at the S. E. Corner Section 17-59-42, thence run N 89n 56' 49" W along the southerly lino of said Section 17 for a distance of 2565.05' to a point of intersection with a line which is 200 feet northwesterly of and parallel with the Corporate Boundaries of the City of Miami and the Southwesterly prolongation thereof; thence run North 64° 34' 52" E along said fine for a distance of 638. 82 feet to'the point°of beginning of the hereinafter 'described tract; said point Moo lying on Corporate Boundaries of the City of Miami; thence run N 45° 22' 07" W along the maid Corporate.,Boundariesr which im 660 feet northeasterly of and parallel with the centerline of the Itickenbacker C*umeway for a dieetattge of t697. 97 feet to a point; thence run 8 44° 37° 53" W for a :di*tattce of 200 feet .to ;a point;, thence run, N 45a 42,° 07't Al for a dititarice of 200 feet to a paint; thence .rum North 44? 3V1 53" E for e. di ►t1nca af oo fptitt to a poll ki `maid point; lying On the Corporate' Boundaries of the, cohr`o, 141uMtlrarC(t)te Slate. hieing the north- westerly right-ot-w*y•of Rickenlf*akar Causeway); thence run N 450 ZZ' 07" W along said northwesterly right-of-way of Rickenbacker Causeway for a distance of 2734.54 feet to a point of curvature; thence run along the arc of a curve to the left having a radius of 2092.40 feet arid a central angle of 370 16' 46" fat a distance of 1361. 42 feet to a point of intersection with the proposed Bulkhead Line of Virginia Key, (an approved by City of Miami Resolution No, 33127 and Dade County Resolution No. 8108); thence run S 44°'06' 40" W along said proposed Bulkhead Line for a distance of 620. 00 feet to a point cif intersection with a Itne which 1s 200. 00 feet northerly of the centerline of naicl Rickenbacker Causeway; thence run N 89° 06' 411" E along Hand line that is Z00. 00 feet norther ly of, and parallel with the centerline of raid Rickenbac:ket Causeway for :i distance of 130: 57 feet to a point of curvature; thence run northoanitwit rclly, eantwarclly, and noutheagtwardly along the arc of a curve to the right, having a radius of 1632. 40 feet and it central angle of 45" 31' 05" for a distance of 1296. 114 feet to a point of tangency; thence run S 45° 22' 07" is along a lino which is L00, 00 feet northeantoi ly of and parallel with the centerline of said Rickenbacker Causeway for a distance of 4465.54 feet to it point of intersection with a line which in 200. 00 feel northwesterly of and parallel with the Corporate lounclartoa of the City of Miami and the nouthweaterl prolongation thereof; thence run N 64° 34' 52" E along said line for a distance Of 409. 37 feet to the Point of Beginning. Bearings shown on the above description are based on the bearing of the cent°, - line of Rickenhackor Causeway as nhown on the Metropolitan Dade County Bulkhead Lifte, an recorded in Plat Hook 74 at Page 4 of the Public Records of Dade County, Florida. The above?- cleacribed tract contairio 61.0 / Atrea. This deed of conveyance 1a made upon the express condition that the land hereby conveyed shall be perpetually ueod and rrtaintatnecli for the operation of a Marine Stadium and allied purposes only, and in the event the use of Hard land for such purpcisea shall be abandoned, then and tilt aeich event the title to said land shall revert to the gt-aiitor herein. IN WITNESS WHEREOF, the said party of the first part has caused these presentee to be executed in its name by its Board of County Commissioners acting by the Chairman, and has caused Rts official seal to be affixed, attested by its Clerk, the day and yaai fttst above wtAtari. (OFFICIAL 3EAL) ATTEBT,. DADE COUNTY , I'LORIDA BY ITS BOARD OF COUNT Y COMMISSIONERS E. B. LE 'MERMAN, CLERK By. ,r.RMA . CLERK tt11 Chairman ▪ .., SI',i.I. ram/ s; , y C� i puilyiC.terk • 'hie • deed of conveyance has been approved and execution thereof authorized by Resolution No. pi A. Boyd, t,Y (f 36U NAc ifs. A -11 6 6Q00' 7/ .slr .(, e c 'e'd Irdr 1),F.m pl lr+7lil/� Cox SEC. • CAUJEWA ✓ �n� J j6-AL/.4.ei4141,� 74.7/ .5h/011//4/d CC70/U T Y L AIL) /C/EEZ:)e'!7 Ca,P 4E1rE/ C:)ia/1 64/ 7- c7F CC>il1,11c7ZC,P6. ,P.4//e?NN A 1 /,(/? C , 4,P/X/E' .5T,4..)/U41 1(1 3O9.tat 164 i1TA 4 OF manna ) COUNTY OF DAL! I, N. 11. 1.1MTU1 fMAN, Clark of the Circuit Court in and for Dade County, Florida, and EX-ottleto Mork of the Board of County Comi.aoioners of seta County, DO IINTINDY MINIFY that the abora and foiradcfiing is ra trus and correct. copy of Resolution No. 8416 , adopted by the maid Hoards of County Coelsieeionere at its meeting held on March . 19 69 IN WITN E O Sfl(fl OF , I hove hereunto net M7 hand and official weal on this th day of. starch , A. D. 19 63 • ii. D. I.BATH:ER MAN , Ex-tIffth p C1.ik r Board of County Csi taalirpira . ..` .. l Dade County, Florida t, iN , }• ' .- • ._ r • • Xi *t 1 . ado of, fMrida. Ct u[Ity of Deb.. tilt malt s filed kr record thn_..:.._.l.ley of —44, ' .190 , and du ed In OFf A C RU:; 6,I - de-pli 0P'OPQ . B, tVAIViEfl►p.�li Olivera, Rosemary From: Alfonsin, Gabriela Sent: Monday, December 16, 2024 9:25 AM To: Hannon, Todd; Olivera, Rosemary; Ewan, Nicole Subject: Botech - RLA Attachments: _23-1523_Botech_RLA_.pdf Good morning, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, Gabriela Alfonsin, MPA Lease Manager Department of Real Estate and Asset Management (DREAM) 444 SW 2' Avenue, 3rd Floor, Miami, FL 33130 Tel: 305-416-1461 1