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HomeMy WebLinkAboutR-86-0392J-86-265 5/22/86 RESOLUTION N0. 86-392 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FLORIDA INTERNATIONAL UNIVERSITY (FIU) SETTING FORTH THE TERMS AND CONDITIONS FOR DONATING TO FIU THE USE OF APPROXIMATELY 2,000 SQ.FT. OF AVAILABLE OFFICE SPACE AT THE CITY'S MUNICIPAL JUSTICE BUILDING FOR AN INITIAL TERM OF ONE YEAR WITH FOUR ONE-YEAR OPTIONS TO RENEW, SUBJECT TO CITY COMMISSION APPROVAL, IN ORDER TO INITIATE OPERATIONS FORTHE FUTURE DEVELOPMENT AND ESTABLISHMENT OF THE BIOMEDICAL RESEARCH AND INNOVATION CENTER (BRIC) AT SAID SITE. WHEREAS, Florida International University (FIU) and the City of Miami are interested in the development of a Biomedical - Research and Innovation Center at the site of the City's - Municipal Justice Building located at NW 12 Avenue and NW 11 _ Street; and WHEREAS, FIU and the City have jointly taken steps toward the development of a Biomedical Research and Innovation Center; and WHEREAS, the City is desirous of providing assistance to FIU in the planning and implementation of a Biomedical Research and Innovation Center; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an Agreement, in a form acceptable to the City Attorney, between Florida International University for and on behalf of the Florida Board of Regents (FIU) and the City of Miami, setting forth the terms and conditions for donating to FIU the use of approximately 2,000 sq.ft• of available office space at the City's Municipal Justice Building located at NW 12 Avenue and NW 11 Street for an initial term of one year with four one-year options to renew, SION 7110IN A_ t I subject to City Commission approval, at no cost, in order to initiate operations for the development and future establishment of the Biomedical Research and Innovation Center at said site. PASSED AND ADOPTED this 22nd day of Mar 1986. ATIMS AT Y HI AI, City Clerk PREPARED AND APPROVED BY: C c�'L ROBERT F. CLARK Chief Deputy City Attorney ,ram fr / �JC:6.l.�`'_A. ��/ r h'•�'l-�{.�'�, t'"r I �ER L. SUAREZ, Mayor" APPROVJ(D �S TO FORM AND CORRECTNESS: LUCIV A. DOUGHERTY City Attorney A G R E E M E N T day of ' THIS AGREEMENT entered into this UNIVERSITY for and on behalf — 1986, by and between FLORIDA INTERNATIONAL UN MIAMI ("CITY"), of the Florida Board of Regents ("FIU") and the CITY OF ose of defining the terms and conditions under which the is for the pur P CITY will don ate to FIU for its use, certain office space in the CITY's office building at North West 12th Avenue and llth Street. WHEREAS, FIU and CITY are interested in the development of a Biomedical Research and Innovation Center; and toward the developmE WHEREAS, FIU and CITY have jointly taken steps of a Biomedical Research and Innovation Center; and and implementat: WHEREAS, CITY wishes to assist FIU in the planning Of a Biomedical Research and Innovation Center NOW, THEREFORE, the parties have agreed as follows: 1. use of the office space The CITY will donate to FIU the DONATIt n Exhibit A attached therein designated o hereto and incorpofor the purpose c 2. FIU may use CITY's office space, at no cost, planning and implementing a Biomedical Research and Innovation Center fo- calendar years commencing upon the full an initial term of five (5) may earlier terminate this execution of this Agreement. Either party days written notice to the other. This Agreerne: .0reement on 180 be extended or renewed by mutual consent of the parties. — may subsequent extension 3. During the term of this Agreement or any Agreements the space donated to FIU's use by the CITY or renewal of this g mutual consent. Tay be increased or otherwise modified by or transfer its interest ill the I• IU shall not assign, subject Y without the prior written consent of use of space donated by the CIT the CITY. 5. FIU will provide the CITY with an annual report of activities en in regard to the Biomedical Research and Innovation Center, undertah iz-i;;:of progress. uding a narrative summary law for the 6. FIU shall be liable to the extent permitted by of theiv act; and omissions of its agents and employees within the scope FIU will atiz� pursuant to this DONATION Agreement. In this regard, maintain with the FloFund -- r rida Casualty Insurance Risk Management Trust mal. t Page one of three pages the limit of the Stataiver of sovereign liability coverage to have i;,,munity. This is not a waiver of any right of defense FIU may under the law. 7. The CITY will clean and maintain the space donated to FIU under this Agreement. $, All utility and telephone costs incurred by FIU in its use of the donated space will be the responsibility of FIU. be giver All notices or other communications which shall or may delivered 9' and shall be deli pursuant to this Agreement, shall be in writing by personal service or registered mail addressed to the other party at indicated below or as the same may be changed from time to the address which personally serv: time. Such notice will be deemed given on the day a date of actual or if by mail, on the 5th day after being posted or th receipt whichever is earlier: CITY OF MIAMI n. City Manager artment of Economic Developme Attention: Director Dep 3500 PaFloridac33133ive Miami, FIU Flcrida International University Attention: Gordon R. EngineeringHopkins, Dean College Tamiami Trail Miami, conflict Florida 33199 he event of any between the terms of this Agreem 10. In t other document, and any discussion terms or conditions contained in any the terms of this Agreement shall control. waiver or breach of any provision of this Agreement shall 11. No waiv rovisic constit ute a waiver of any subsequent breach of the same or any P and no waiver shall be effective unless made in writing hereof a word or phrase 12. Should any Provisionparagraph, sentence, contained in this Agreement be determined by a Court of competent to be invalid, illegal or unenforceable under the laws Of jurisdiction paragraphs) the State of Florida or the City of Miami, such provisions, p sentences, words or phrases, shall be deemed modified to the extent necessary in order to conform to such law, or if not modifiable to coccfoi,m to such laws, then the same shall be deemed severable and in either event, the remaining terms and provisions of this lease shall Page two of three pages 86-392 remain unmodified in full force and effect this Agreement this IN WITNESS WHEREOF, the parties have executed _ of 1986. day CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: City Clerk APPROVED AS TO FORM AND CORRECTNESS City Attorney Witness Witness By: City Manager FLORIDA INTERNATIONAL UNIVERSITY for and on behalf of the Florida Board of Regents By: Ronald G. Arrow smith Vice President Administrative Affairs Paul D. Gallagh Vice President Academic Affairs Approved as to form and legal sufficiency: HOLLAND & K University General Counsel BY: Rachel S. Blechman Page three of three pages y _;6XH/B/T "A " TO: Honorable Mayor and Members of the City Commission FROM: Cesar H. Odio City Manager CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM DATE: May 12, 1986 FILE: Q 6 0.01 SUBJECT: FIU Agreement/Biomedical Research & Innovation Center REFERENCES: For City Commission Meeting of May 22, 1986 ENCLOSURES: Resolution It is recommended that the Cif Commission adopt the attached Res —solution authorizing the City_ Manager to execute a nA reemen_� in a form acceptable to the City Florida Attorney, International University (Flu) _ setting forth the terms and to FIU conditions for donating 2,000 the use of at)Droxil ately s . ft. of available office space at the Cit 's Munici al Justice Buildiin order to initiate ng operations for the development and future establishment of the and Biomedical Research Innovation Center at said site. The City of Miami and Florida International University have jointly Res of the site al Building,City's Municipal Justice rch and Innovation pursued the development FIU Center di to be established a In an effort to assists Building, NW 12 Avenue and NW 11 Street. in the planning and implementation of the Biomedical Research Center, the attached Agreement has been prepared that outlines the terms and conditions under which the City will donate to FIU the use of office space available at the Municipal Justice Building. The proposed donation of approximately 2,000 sq. ft. of City office FIU will e use is for an iniinsurantial ce ycoverage ear term. and will be space for FIU's required to maintain liability costs incurred by their responsible for all utility and telephone occupancy of the space. It is recommended that the attached Resolution be adopted authorizing form Manager to execute an Agreement, in a rm acceptable to the the City FIU the use, at cost, of City office space City Attorney, granting available at the Municipal Justice Building. 836-392-._