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HomeMy WebLinkAboutR-98-0135J-98-130 1/29/98 RESOLUTION NO. 9 g ` 135 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH RENE MILON AND NICOLE MILON, FOR THE USE OF A STRIP OF CITY OWNED PROPERTY WHICH IS APPROXIMATELY 12 FEET BY 106.4 FEET, LOCATED IN MORNINGSIDE PARK, MIAMI, FLORIDA; AT A MONTHLY FEE OF $100; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. WHEREAS, the City Commission issued a Revocable Permit to Bernard Poitier on September 22, 1987, for a ten year term commencing on August 20, 1987 and terminating on August 19, 1997, for the use of a strip of land located in Morningside Park for the purpose of fencing and maintaining his residence located adjacent to Morningside Park; and WHEREAS, the City Commission through Resolution No. 91-493, passed and adopted July 11, 1991, authorized the City Manager to execute a consent to assignment for said Revocable Permit from Bernard Poitier to Miguel Bermejo; and WHEREAS, Rene Milon and Nicole Milon are in the process of purchasing Miguel Bermejo's property located adjacent to Morningside Park and desire to enter into a Revocable License Agreement to utilize the aforementioned strip of City owned property; ATTACHMENT (5) CONTAINED CITY COMWSSION MEETING OF FEB 10 1998 RQrolu*m No. g 135 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. The City Manager is hereby authorized' to execute a Revocable License Agreement, in substantially the attached form, with Rene Milon and Nicole Milon (Licensee), for the use of a strip of City owned property which is approximately 12 feet by 106.4 feet, located in Morningside Park, Miami, Florida, (Folio Number 01-3219-023-0011), to allow Licensee to fence and secure his property located adjacent to Morningside Park, on a month -to -month basis, with Licensee paying a fee to the City in the amount of $100 monthly, and with terms and conditions as more particularly set forth in the Revocable License Agreement. its adoption. Section 3. This Resolution shall become effective immediately upon PASSED AND ADOPTED this 10 th day of February , 1998. XA ER L. S AREZ, MAYOR 4WALTERATTES J. F CITY CLERK ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 98- 135 PREPARED AND APPROVED BY: JULIE 0. BR ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: EDWARD WELL ZIM CITY TORNEY W2216:JOB/kd/csk -3- 98- 135 REVOCABLE LICENSE AGREEMENT ISSUED BY THE CITY OF MIAMI TO RENE MILON AND NICOLE MILON FOR THE USE OF A STRIP OF LAND APPROXIMATELY 12 FEET BY 106.4 FEET (Address: 5225 NE 7th Avenue) (Folio Number: 01-3219-023-0011) LOCATED IN MORNINGSIDE PARK MIAMI, FLORIDA 98- 135 INDEX Page 1. PURPOSE 4 2. OCCUPANCY AND USE PERIOD 4 3. INTEREST CONFERRED BY THIS AGREEMENT 5 4. FEE 5 5. ADJUSTMENT TO MONTHLY FEE 5 6. LATE FEE 6 7. SECURITY DEPOSIT 6 8. UTILITIES 7 9. CONDITION OF THE PROPERTY AND MAINTENANCE 7 10. CITY' S RIGHT OF ENTRY 7 11. NO ASSIGNMENT OR TRANSFER 8 12. ALTERATIONS, ADDITIONS OR REPLACEMENTS 8 13. VIOLATIONS, LIENS AND SECURITY INTERESTS 8 14. NO LIABILITY 9 15. INDEMNIFICATION AND HOLD HARMLESS 10 16. INSURANCE 10 17. CANCELLATION BY REQUEST OF EITHER OF THE PARTIES WITHOUT CAUSE 12 18. TERMINATION BY CITY MANAGER FOR CAUSE 12 19. REMOVAL OF PROPERTY 12 20. IMPOSITIONS 13 21. NOTICES 14 22. ADVERTISING 15 23. SEVERABILITY 15 24. NONDISCRIMINATION 15 25. WAIVER OF JURY TRIAL 16 26. WAIVER 16 Pa 988— 135 27. AMENDMENTS AND MODIFICATIONS 16 28. COURT COSTS AND ATTORNEY(S)' FEES 17 29. COMPLIANCE WITH ALL LAWS APPLICABLE 17 30. ENTIRE AGREEMENT 17 31. APPROVAL BY THE OVERSIGHT BOARD 17 98- 135 THIS REVOCABLE LICENSE AGREEMENT ("Agreement") is made this day of , 1998, between the City of Miami (the "CITY") a municipal corporation of the State of Florida and Rene Milon and Nicole Milon (the "LICENSEE"). WHEREAS, In order to carry out the intent as expressed herein and in consideration of the mutual agreements subsequently contained, CITY and LICENSEE agree as follows: 1. PURPOSE. The CITY is the owner a strip of land approximately 12 feet by 106.4 feet, located at the edge of Morningside Park, Legal Address: 5225 NE Th Avenue, Miami, Florida 33137, Folio Number: 01-3219-023-0011 (the "Property"), which is depicted in Exhibit A attached hereto and made a part of this Agreement. On February 10, 1998 the City Commission passed and adopted Resolution No. 98- _, authorizing the LICENSEE to occupy and use the Property for the purpose of fencing and securing LICENSEE'S residence located adjacent to Morningside Park, under the condition(s) hereinafter set forth. A copy of Resolution No. 98-_, is attached as Exhibit B and is made a part of this Agreement. 2. OCCUPANCY AND USE PERIOD. This Agreement shall commence as of the date upon which the CITY executes this Agreement (the "Effective Date"), and shall continue until the first to occur of the following: (a) cancellation or termination by the express written agreement of the parties hereto; or (b) cancellation or termination by request of any of the parties hereto, subject to the notice provisions of paragraphs 16 and 17 of this Agreement. In the event the Effective Date does not fall on the first day of the month, the Effective Date shall be adjusted to be the first day of the following month. 4 9R- 135 3. INTEREST CONFERRED BY THIS AGREEMENT. LICENSEE agrees that this Agreement has been issued by the CITY to authorize LICENSEE to occupy the Property solely for the limited purposes set forth in Paragraph 1 of this Agreement and no other. The parties hereby agree that the provisions of this Agreement do not constitute a lease and the rights of LICENSEE hereunder are not those of a tenant but is a mere personal privilege to do certain acts of a temporary character on the Property and that the CITY retains dominion, possession and control of the Property. No leasehold interest in the Property is conferred upon LICENSEE under the provisions hereof and LICENSEE does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Property by virtue of this Agreement or its use of the Property hereunder. Additionally, LICENSEE does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Property by virtue of any expenditure of funds by the LICENSEE for improvements, construction, repairs, partitions or alterations to the Property which may be authorized by the CITY. 4. FEE. In consideration for this Agreement, LICENSEE agrees to pay to the CITY One Hundred Dollars and 00/100 Cents ($100.00) monthly (the "Monthly Fee), which shall be paid in advance and in full on the first day of each month and every month that LICENSEE continues to occupy and use the Property. LICENSEE shall pay, when due, any and all State Use Tax assessed against the Monthly Fee, if applicable. 5. ADJUSTMENT TO MONTHLY FEE. LICENSEE agrees that the Monthly Fee shall be increased annually on each anniversary of the Effective Date (hereinafter the "Anniversary Date"), by three percent (3%) of the previous year's Monthly Fee. R 981— 135 6. LATE FEE. In the event that any installment of the Monthly Fee is not received by the CITY within ten (10) days after it becomes due, such amount shall bear interest at a rate equal to three (3) percentage points above the then prime rate of interest per annum as published in the Wall Street Journal; accruing from the date such installment or payment became due and payable to the date of payment thereof by LICENSEE. Such interest shall constitute additional fees due and payable to CITY by LICENSEE upon the date of payment of the delinquent payment referenced above. The payment of such late charge shall not prevent CITY from the pursuit of any remedy to which CITY may otherwise be entitled. 7. SECURITY DEPOSIT. Simultaneously with the execution of this Agreement, the LICENSEE shall deposit with the CITY the sum of Three Hundred Dollars and 00/100 Cents ($300.00) (the "Security Deposit"), as guarantee for the full and faithful performance by LICENSEE of all obligations of LICENSEE under this Agreement or in connection with this Agreement. If LICENSEE is in violation (as provided in Paragraph 18), the CITY may use, apply or retain all or any part of the Security Deposit for the payment of (i) any fee or other sum of money which LICENSEE was obligated to pay but did not pay, (ii) any sum expended by the CITY on LICENSEE'S behalf in accordance with the provisions of this Agreement, or (iii) any sum which the CITY may expend or be required to expend as a result of LICENSEE'S violation. The use, application or retention of the Security Deposit or any portion thereof by the CITY shall not prevent the CITY from exercising any other right or remedy provided for under this Agreement or at law and shall not limit any recovery to which the CITY may be entitled otherwise. If the entire Security Deposit, or any portion thereof, being appropriated and applied by CITY for the payment of (1), (ii) or (iii) above, or other sums due and payable to CITY by LICENSEE, then LICENSEE shall, on CITY'S written 6 98- 135 demand remit to CITY a sufficient sum in cash to restore said Security Deposit to the original sum deposited. At the expiration of this Agreement, the Security Deposit or balance thereof, as the case may be, shall be returned to LICENSEE. 8. UTILITIES. LICENSEE shall pay for all utilities, including but not limited to, electricity, water, stormwater fees, gas, telephone, garbage and sewage disposal used by LICENSEE during its occupancy of the Property, as well as all costs for installation of any lines and equipment necessary. 9. CONDITION OF THE PROPERTY AND MAINTENANCE. LICENSEE accepts occupancy of the Property in "AS IS' condition. LICENSEE, at its sole cost and expense, shall maintain the Property in good order and repair at all times, and in an attractive, clean and sanitary condition during its use and occupancy of the Property. LICENSEE shall be responsible for all repairs to the Property required or caused by LICENSEE'S use of the Property. LICENSEE agrees to make all changes necessary to the property at LICENSEE'S sole cost and expense in order to comply with all City, County and State building code requirements for occupancy. 10. CITY'S RIGHT OF ENTRY. The CITY shall have access to and entry into the Property at any time to (a) inspect the Property, (b) to perform any obligations of LICENSEE hereunder which LICENSEE has failed to perform, (c) to assure LICENSEE'S compliance with the terms and provisions of this Agreement and all applicable laws, ordinances, rules and regulations or (d) for other purposes as may be deemed necessary by the City Manager in the furtherance of the CITY'S corporate purpose; provided, however, that LICENSEE shall have the right to have one or more of its representatives or employees present during the time of any such entry. The CITY shall not be liable for any loss, cost or damage to the LICENSEE by reason of the rl gs- 135 exercise by the CITY of the right of entry described herein for the purposes listed above. The making of periodic inspection or the failure to do so shall not operate to impose upon CITY any liability of any kind whatsoever nor relieve the LICENSEE of any responsibility, obligations or liability assumed under this Agreement. 11. NO ASSIGNMENT OR TRANSFER. LICENSEE cannot assign or transfer its privilege of occupancy and use granted unto it by this Agreement. 12. ALTERATIONS, ADDITIONS OR REPLACEMENTS. LICENSEE may improve and remodel the Property and install fixtures therein at its own expense, but not until first receiving the City Manager's written approval of the plans and specifications for such work, which approval may be withheld for any or no reason whatsoever, or conditioned, in his sole discretion. The cost of renovation of the Property as to alterations, additions, partitions, replacements or improvements shall be borne by and is the sole financial responsibility of LICENSEE. 13. VIOLATIONS, LIENS AND SECURITY INTERESTS. Licensee, at its expense and with due diligence and dispatch, shall secure the cancellation or discharge of or bond off same in the manner permitted by law, all notices of violations arising from or otherwise in connection with Licensee's improvements or operations in the Area which shall be issued by any public authority having or asserting jurisdiction. Licensee shall promptly pay its contractors and materialsmen for all work and labor done at Licensee's request. Should any such lien be asserted or filed, regardless of the validity of said liens or claims, Licensee shall bond against or discharge the same within fifteen (15) calendar days of Licensee's receipt of notice of the filing of said encumbrance. In the event Licensee fails to remove or bond against said lien by paying the full s 98- 135 amount claimed, Licensee shall pay the City upon demand any amount paid out by City, including City's costs, expenses and reasonable attorneys' fees. Licensee further agrees to hold City harmless from and to indemnify the City against any and all claims, demands and expenses, including reasonable attorney's fees, by reason of any claims of any contractor, subcontractor, materialman, laborer or any other third person with whom Licensee has contracted or otherwise is found liable for, in respect to the Area. Nothing contained in this Agreement shall be deemed, construed or interpreted to imply any consent or agreement on the part of City to subject the City's interest or estate to any liability under any mechanic's or other lien asserted by any contractor, subcontractor, materialsman or supplier thereof against any part of the Area or any of the improvements thereon and each such contract shall provide that the contractor must insert a statement in any subcontract or purchase order that the contractor's contract so provides for waiver of lien and that the subcontractor, materialman and supplier agree to be bound by such provision. 14. NO LIABILITY. In no event shall the CITY be liable or responsible for loss or damage to the personal property, improvements, fixtures and/or equipment belonging to or rented by LICENSEE, its officers, agents, employees, invitees or patrons, including without limitation, damages resulting from vandalism or theft, fire, steam, electricity, gas, water, rain, which may leak or flow from or into any part of the Property, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the Property, or from hurricane or any act of God or any act of negligence of LICENSEE, its officers, employees, agents, invitees or patrons or any person whomsoever whether such damage or injury results from conditions arising at or about the Property or from other sources. 9 135 15. INDEMNIFICATION AND HOLD HARMLESS. The LICENSEE shall indemnify, hold harmless and defend the CITY from and against any and all claims, suits, actions, damages or causes of action of whatever nature arising during LICENSEE'S use and occupancy of the Property, for any personal injury, loss of life or damage to personal and/or real property sustained in or on the Property, by reason of or as a result of LICENSEE's use or operations thereon, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in an about the defense of any such claims and the investigation thereof, EVEN IF THE CLAIMS, COSTS, LIABILITIES, SUITS, ACTIONS, DAMAGES OR CAUSES OF ACTION ARISE FROM THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE CITY, INCLUDING ANY OF ITS EMPLOYEES, AGENTS, OR OFFICIALS. LICENSEE further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Property, 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 Property. 16. INSURANCE. LICENSEE, at its sole cost, shall obtain and maintain in full force and effect at all times throughout the period of this Agreement and through any periods of extensions or renewals, the following insurance coverage: A. Commercial General liability insurance on a Comprehensive General liability coverage form, or its equivalent, including premises, operations and contractual coverage's against all claims, demands or actions for bodily injury, personal injury, death or property damage occurring in the Property with such limits as may be reasonably requested by the CITY from time to time but not less than $500,000 per occurrence combined single limit for bodily injury and property io 98- 135 damage. The CITY shall be named as Additional Insured on the policy or policies of insurance. B. "All Risk" property insurance against loss or damage by fire, windstorm, with such endorsements for extended coverage, vandalism, malicious mischief, flood and special coverage, insuring 100% of the replacement cost of the improvements including LICENSEE'S fixtures, equipment, furniture and all other personal property in and about the Property. The CITY shall be named as a Loss Payee. C. The CITY reserves the right to reasonably amend the insurance requirements by the issuance of a notice in writing to LICENSEE. The LICENSEE shall provide any other insurance or security reasonably required by the CITY. D. The policy or policies of insurance required shall be so written that the policy or policies may not be canceled or materially changed without thirty (30) days advance written notice to the CITY. Said notice should be delivered to the CITY of Miami, Division of Risk Management, 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130 with copy to CITY of Miami, Asset Management Division, 444 SW 2nd Avenue, Suite 325, Miami, Florida 33130, or such other address that may be designated from time to time. E. A current Certificate and Policy of Insurance evidencing the aforesaid required insurance coverage shall be supplied to the Asset Management Division of the CITY prior to the Effective Date of this Agreement and a new Certificate and Policy shall be supplied at least twenty (20) days prior to the expiration of each such policy. Insurance policies required above shall be issued by companies authorized to do business under the laws of the State, with the following qualifications as to management and financial strength: the company should be rated "A" as to management, and no less than class "X" as to financial strength, in accordance with the latest edition of Best's Key Rating Guide, or the company holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and is a member of the Florida Guarantee Fund. 11 98- 135 Receipt of any documentation of insurance by the CITY or by any of its representatives which indicates less coverage than required does not constitute a waiver of the LICENSEE's obligation to fulfill the insurance requirements herein. In the event LICENSEE shall fail to procure and place such insurance, the CITY may, but shall not be obligated to, procure and place same, in which event the amount of the premium paid shall be paid by LICENSEE to the CITY as an additional fee upon demand and shall in each instance be collectible on the first day of the month or any subsequent month following the date of payment by the CITY. LICENSEE's failure to procure insurance shall in no way release LICENSEE from its obligations and responsibilities as provided herein. 17. CANCELLATION BY REQUEST OF EITHER OF THE PARTIES WITHOUT CAUSE. Either party may cancel this Agreement at any time with thirty (30) days written notice to the non -canceling party. 18. TERMINATION BY CITY MANAGER FOR CAUSE. If LICENSEE in any manner violates the restrictions 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 to correct such deficiencies, and upon failure of LICENSEE to do so after such written notice, within said ten (10) day period, this Agreement shall be automatically canceled without the need for further action by the CITY including any further notice. 19. REMOVAL OF PROPERTY. In either event of cancellation or termination pursuant to Paragraphs 17 or 18 above, at the expiration of the time provided by the notice, LICENSEE shall peacefully surrender the Property broom clean and in good condition and repair together with all alterations, additions, partition, replacements and improvements which may have been made in or attached on or to the Property. Upon surrender, 12 98- 135 LICENSEE shall promptly remove all its personal property, trade fixtures and equipment and LICENSEE shall repair any damage to the Property caused thereby. Should LICENSEE fail to repair any damage caused to the Property within ten (10) days after receipt of written notice from CITY directing the required repairs, CITY shall cause the Property to be repaired at the sole cost and expense of LICENSEE. LICENSEE shall pay CITY the full cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. CITY may require LICENSEE to restore the Property so that the Property shall be as it was on the Effective Date. In the event LICENSEE fails to remove its personal property, equipment and fixtures from the Property within the time limit set by the notice, said property shall be deemed abandoned and thereupon shall become the sole personal property of the CITY. The CITY, at its sole discretion and without liability, may remove and/or dispose of same at LICENSEE'S sole cost and expense. 20. IMPOSITIONS. For purposes of this paragraph, "Impositions" shall mean all governmental assessments, including assessments imposed by the City, franchise fees, excises, license and permit fees, municipal service fees, fire service fees, levies, charges and taxes, including ad valorem and personal property taxes on the Property and/or improvements, general and special ordinary and extraordinary, foreseen or unforeseen, or of any kind and nature whatsoever, and which shall or may, during LICENSEE'S occupancy of the Property, be assessed, levied, charged, confirmed, or imposed upon, or become due and payable out of, or become a lien on the Property and/or improvements thereon, or appurtenances or facilities used in connection therewith. LICENSEE shall pay before any fine, penalty, interest or costs is added for nonpayment, any and all Impositions levied against the Property and improvements, and/or against any occupancy interest or personal property of any 13 98- 135 kind, owned by or placed in, upon or about the Property by LICENSEE, including, but not limited to, ad valorem taxes. In the event LICENSEE appeals the validity of, or amount of an Imposition, LICENSEE shall immediately notify CITY of its intention to appeal such Imposition and shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to CITY, or other security reasonable satisfactory to CITY in an amount sufficient to pay one hundred percent (100%) of the contested Imposition with all interest on it and costs and expenses, including reasonable attorneys' fees, to be incurred in connection with it. In no event shall the CITY be responsible for or obligated to challenge or appeal the validity or amount of any Imposition. 21. 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 from time to time or for purposes of terminating or canceling this Agreement the CITY may serve notice by posting at the Property. 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 or if by posting, on the day it is posted at the Property, whichever is earlier: CITY OF MIAMI: City of Miami City Manager 3500 Pan American Drive Miami, FL 33133 COPY TO: City of Miami Asset Management Division 444 SW 2nd Avenue, Suite 325 Miami, FL 33130 14 LICENSEE: Rene Milon & Nicole Milon 690 NE 50 Terrace Miami, FL 33137 98- 135 22. ADVERTISING. LICENSEE shall not permit any signs or advertising matter to be placed either in the interior or upon the exterior of the Property without having first obtained the approval of the City Manager or his designee, which approval may be withheld for any or no reason whatsoever, at his sole discretion. LICENSEE must further obtain approval from all governmental authorities having jurisdiction, and must comply with all applicable requirements set forth in the City of Miami Code and Zoning Ordinance. LICENSEE hereby understands and agrees that the CITY may, at its sole discretion, erect or place upon the Property an appropriate sign indicating CITY'S having issued this Agreement. Upon the expiration of this Agreement, for any reason, LICENSEE shall, at its sole cost and expense, remove and dispose of all signs located on the Property. 23. SEVERABILITY. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unlawful under the laws of the State of Florida or the CITY, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the CITY, and in such event, the remaining terms and conditions of this Agreement shall remain unmodified and in full force and effect. 24. NONDISCRIMINATION. LICENSEE shall not discriminate as to race, color, religion, sex, national origin, age, disability or marital status in connection with its occupancy and use of the Property and improvements thereon. 15 98 - 135 25. 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. 26. WAIVER. No failure on the part of the CITY to enforce or insist upon performance of any of the terms of this Agreement, nor any waiver of any right hereunder by the CITY, unless in writing, shall be construed as a waiver of any other term or as a waiver of any future right to enforce or insist upon the performance of the same term. 27. AMENDMENTS AND MODIFICATIONS. No amendments or modifications to this Agreement shall be binding on either party unless in writing, signed by both parties and approved by the CITY Manager. 28. COURT COSTS AND ATTORNEY(S)' FEES. In the event that it becomes necessary for CITY to institute legal proceedings to enforce the provisions of this Agreement, LICENSEE shall pay CITY's court costs and attorney(s)' fees. 16 ok-- 135 29. COMPLIANCE WITH ALL LAWS APPLICABLE. LICENSEE accepts this Agreement and hereby acknowledges that LICENSEE's strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this Agreement, and LICENSEE shall comply therewith as the same presently exist and as they may be amended hereafter. 30. ENTIRE AGREEMENT. This instrument and its attachments constitute the sole and only agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 31. APPROVAL BY THE OVERSIGHT BOARD. The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board"), which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the CITY until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written. ATTEST: WALTER J. FOEMAN CITY CLERK 17 CITY OF MIAMI, a municipal corporation of the State of Florida JOSE GARCIA-PEDROSA CITY MANAGER 98- 135 APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: JOEL EDWARD MAXWELL INTERIM CITY ATTORNEY ATTEST: Print Name ATTEST: Print Name 18 MARIO SOLDEVILLA RISK MANAGEMENT DIVISION RENE MILON Print Name NICOLE MILON Print Name Ds_ 135 TO FROM CITY OF M1AMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Chairman and Members of the City Commission Jose Garcia -Pedrosa City Manager RECOMMENDATION: DATE: CAml 7 iG V FEB 2 FILE : SUBJECT: Resolution Authorizing the Manager to Execute a Revocable License Agreement with Rene Milon and Nicole Milon REFERENCES- City Commission Agenda ENCLOSURES: February 10, 1998 The Administration recommends that the City Commission adopt the attached Resolution, authorizing the City Manager to execute a Revocable License Agreement, in substantially the attached form, between the City of Miami and Rene Milon and Nicole Milon, for the use of a strip of land which is approximately 12 feet by 106.4 feet, located in Morningside Park, Miami, Florida. BACKGROUND: On September 22, 1987, the City Commission authorized the Manager to execute a Revocable Permit with Bernard Poitier, for a ten year term commencing on August 20, 1987 and terminating on August 19, 1997. The Permit authorized the use of a strip of City owned land located in Morningside Park for the purpose of fencing and maintaining Mr. Poitier's residence located adjacent to Morningside Park. In accordance with the Revocable Permit, the City Commission through Resolution No. 91- 493, passed and adopted July 11, 1991, authorized the Manager to execute a Consent to Assignment for this Permit from Bernard Poitier to Miguel Bermejo. Mr. Bermejo is in the process of selling the subject property to Rene Milon and Nicole Milon, who desire to enter into a Revocable License Agreement with the City to utilize the aforementioned strip of City owned property. The Revocable License Agreement with Rene Milon and Nicole Milon is on a month to month basis with a monthly fee of $100, and a security deposit of $300. The previous tenant, Mr. Bermejo, paid a fee to the City in the amount of $100 per year or $8.33 monthly, with no security deposit required. The new tenant will be responsible for all taxes of whatever nature levied upon or assessed against the subject property. Additionally, they will provide the required insurance and maintain the property in an attractive, clean and sanitary condition. cc: Honorable Mayor Xavier L. Suarez 0 DB/sa/resocoverMilon 98- 135