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HomeMy WebLinkAbout26325AGREEMENT INFORMATION AGREEMENT NUMBER 26325 NAME/TYPE OF AGREEMENT BOTECH MARINE CENTER, INC. DESCRIPTION 1ST AMENDMENT TO REVOCABLE LICENSE AGREEMENT/TERM EXTENSION/FILE ID: 15613/R-24- 0098/MATTER I D : 26-2528 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 10/20/2026 DATE RECEIVED FROM ISSUING DEPT. 10/21/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT This First Amendment to Revocable License Agreement ("Amendment") is made and entered into as of October 1, 2026 ("Amendment Effective Date"), by and between the City of Miami, a municipal corporation of the State of Florida, with offices at 444 SW 2nd Avenue, Miami, Florida 33130 ("City"), and Botech Marine Center, Inc., a Florida profit corporation, with its principal address at 335 S. Biscayne Boulevard, Suite 710, Miami, Florida 33131 ("Licensee") (collectively, the "Parties"). RECITALS WHEREAS, pursuant to R-24-0098 adopted by the Miami City Commission on March 14, 2024 ("Resolution"), the Parties entered into that certain Revocable License Agreement for Licensee's non-exclusive use of approximately 1,368 square feet of City -owned property located at 3501 Rickenbacker Causeway, Miami, Florida 33149, as renewed and as amended by this Amendment (the "Agreement"); and WHEREAS, the Agreement provided for an initial term of one (1) year and one (1) option to renew for a term of one (1) year, which renewal option was exercised by the Parties on September 30, 2025, and the current term is set to expire on September 30, 2026; and WHEREAS, the Resolution grants authority to the City Manager to negotiate and execute all necessary documents, including amendments and modifications thereto, as may be necessary; and WHEREAS, the Parties desire to amend the Agreement to extend the Term in the manner provided in this Amendment; and WHEREAS, the Agreement is and shall remain a revocable -at -will license that conveys no leasehold, possessory, or other real property interest in the Property or the Area; NOW THEREFORE, in consideration for the covenants and conditions of this Amendment and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensee and City agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated as if set forth in full herein. 2. Defined Terms. All undefined capitalized terms used herein shall have the same meanings as defined in the Agreement. 3. Confirmation of License Agreement Effective Date. The Parties confirm that the Effective Date of the Agreement is October 1, 2024. 4. Term. Section 3 of the Agreement is hereby deleted in its entirely and replaced with the following: 3. Occupancy and Use Period. This Agreement commenced on the Effective Date and has remained in continuous force and effect since that date (the "Term"). The initial one (1) year Term ran from the Effective Date through September 30, 2025 and was renewed by the Parties for one (1) additional year through September 30, 2026. The Term is hereby extended for one (1) year, commencing October 1, 2026 and expiring September 30, 2027, unless revoked or terminated sooner in accordance with this Agreement. Thereafter, the Term may be extended for no more than two (2) successive one (1) year periods, each commencing October 1 and expiring September 30 (each, an "Extension Term"), only by mutual written agreement of the Parties; provided in no event shall there be any automatic renewal. Each Extension Term requires Licensee's written request delivered at least ninety (90) days prior to expiration of the then -current Term, Licensee's full compliance with this Agreement, and the written approval of the City Manager, which approval may be granted, conditioned, denied, or withheld in his/her sole discretion, including, without limitation, conditioned upon an increase in the Monthly Use Fee, the Guarantee Deposit, or other additional consideration payable to the City. Each Extension Term shall be on the same terms then in effect, except as modified as a condition of such approval, and shall not be effective unless and until reduced to a written amendment executed by both Parties. The Term shall include all properly exercised and duly authorized extensions. Absent a written extension executed before expiration, this Agreement expires automatically without notice, and any continued occupancy shall create no tenancy, holdover right, or interest whatsoever in the Property. Notwithstanding any extension, this Agreement remains a revocable -at -will license conveying no leasehold, possessory, or other real property interest, and the City's right to revoke for convenience upon thirty (30) days' written notice under Section 21 remains in full force during the Term, as may be extended. 5. Conflict; No Waiver. In the event of any conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall govern and control. Except as expressly set forth herein, all other provisions of the Agreement shall remain unchanged and in full force and effect and are hereby ratified and confirmed by the Parties. All rights and remedies of the City are cumulative and expressly reserved. 6. Authority. Licensee warrants to the City that the person or persons executing this Amendment on its behalf has full authority to do so and that such execution has fully obligated and bound Licensee to all terms and provisions of this Amendment. 7. Anti -Human Trafficking. Licensee confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. Licensee shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section Page 2of5 787.06(13), Florida Statutes, attached and incorporated herein as Exhibit "A." If Licensee fails to comply with the terms of this Section, the City may suspend or terminate the Agreement immediately, without prior notice, and in no event shall the City be liable to Licensee for any additional compensation or for any consequential or incidental damages. 8. Counterparts: Electronic Signatures. This Amendment 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 Amendment. The Parties shall be entitled to sign and transmit an electronic signature of this Amendment (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 Amendment upon request. [Signatures on the Following Page] Page 3of5 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their respective officials thereunto duly authorized on the date above written. ATTEST: BY: Witness No. 1 Print Name: S c.c5 t' 0 BY: Witness No. 2 6:Th Print Name: c, - . L 1 H ATTEST: BY: Signed by: ,-DocuSigned by: Todd B. Hannonmy... City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,-Signed by: BY: at -Oros, 00(isol4Ill 8877s E2FFRR942R George K. Wysong III City Attorney Interim Director of Risk Management LICENSEE BOTECH MARINE CENTER, INC., A FLORIDA PROFIT CORPORATION BY: Print Name: i '--Pic-OcA, Title: "15‘‘rei11'c- CITY THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA BY: James Reyes City Manager Signed by: APPROVED AS TO INSURANCE REQUIREMENTS: BY: ,-DocuSigned by: Matter ID 26-2528 David Ruiz Page 4 of 5 EXHIBIT A ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes. c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes, titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individ , l: BOTECH MARINE CENTER, INC., a Florida profit corporation 1 Signature: Name: Title: —Z>,, Office Address: Address: (dLi Sv3 G2.. (-A' Phone Number: t`S°tp Email Address: `jZrSA•er)nc- r\c,e, ®(..AcnoA • C�Oc� STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Sworn to and subscribed before me this 81A day of Se €Y k u`( , 2026, by J�2 ' brN '% ` , as `(}Ac� ,/ of Botech Marine Center, Inc., a Florida profit corporation, on behalf of said entity, who is ( ) personally known to me or ( ' ( ) has produced the following identification 1`U . ^01, • S.PY-��8�� CHRISTOPHER MUNOZ Commission # HH 784527 cz5 Expires March 29, 2030 FOF Notary Public — My commission expires (Printed, typed or stamped commissioned name of Notary Public) Fh5fida I� Page 5of5 Olivera, Rosemary From: Alfonsin, Gabriela Sent: Wednesday, October 21, 2026 10:49 AM To: Hannon, Todd; Ewan, Nicole; Olivera, Rosemary Subject: Amendment No.1 Botech Marine Center, Inc. Attachments: Amendment_No._1 _Botech_(09-30-26).pdf Good morning, Attached please find a fully executed amendment copy from Docusign that is to be considered an original for Botech Marine Center, Inc. Thank you, Gabriela Alfonsin, MPA Lease Manager Department of Real Estate and Asset Management (DREAM) 14 NE 1st Avenue, 2"d Floor, Miami, FL 33132 Tel: 305-416-1461 1