HomeMy WebLinkAboutR-23-0166City of Miami
Resolution R-23-0166
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Legislation
File Number: 13747
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/13/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, PURSUANT TO SECTION 18-85(A) OF THE CODE OF
ORDINANCES OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), RATIFYING, CONFIRMING, AND APPROVING 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; BY A FOUR -FIFTHS
AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176(B) OF THE CITY
CODE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH ALLAPATTAH-WYNWOOD COMMUNITY &
DEVELOPMENT, INC. FOR THE PURPOSE OF PROVIDING LOW-COST
DAYCARE SERVICE TO AREA RESIDENTS ON THE CITY -OWNED
PROPERTY LOCATED AT 1500 NORTHWEST 16 AVENUE, MIAMI, FLORIDA,
FOR A MONTHLY USE FEE EQUAL TO ONE DOLLAR ($1.00) PLUS TAXES,
IF APPLICABLE; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, RENEWALS, AND
EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY,
SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY
APPROVALS, AND ALL IN COMPLIANCE WITH APPLICABLE PROVISIONS
OF THE CITY CODE, AS MAY BE DEEMED NECESSARY FOR SAID
PURPOSE.
WHEREAS, the City of Miami ("City") is the owner of the property located at 1500
Northwest 161" Avenue ("Property") previously known as the Allapattah Mini Park; and
WHEREAS, pursuant to a Revocable Permit ("Permit") issued by the City on April 17,
1991, Allapattah-Wynwood Community & Development, Inc. ("Licensee") was authorized to use
the Property to provide day care services to young children of the Allapattah area; and
WHEREAS, the Permit expired April 17, 2001; and
WHEREAS, the City and Licensee entered into a Revocable License Agreement ("RLA")
dated June 8, 2007, for a term of ten (10) years; and
WHEREAS, Licensee has continued to occupy the Property and is presently operating a
day care center therein; and
City of Miami Page 1 of 2 File ID: 13747 (Revision:) Printed On: 412012023
File ID: 13747
Enactment Number: R-23-0166
WHEREAS, the Licensee is the owner of the land abutting the City Property and
completed construction of a second day care facility which expanded the Licensee's service;
and
WHEREAS, the City and Licensee desire and intend to enter into a new Revocable
License Agreement ("Agreement") authorizing the Licensee's continued use of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as
amended ("City Code"), by a four -fifths (4/5ths) affirmative vote, after an advertised public
hearing, the City Manager's written recommendation and finding, attached and incorporated as
Exhibit 'A" that competitive negotiation methods and procedures are not practicable or
advantageous, and waiving the requirements for said procedures, is hereby ratified, confirmed,
and approved.
Section 3. Pursuant to Section 18-176(b) of the City Code, by a four -fifths (4/5ths)
affirmative vote, the City Manager is hereby authorized' to negotiate and execute an RLA, in a
form acceptable to the City Attorney, with Licensee for the purpose of providing low-cost day-
care service to area residents on the Property for a monthly use fee equal to one dollar ($1) plus
taxes, if applicable.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, including, but not limited to, non-subtantive amendments, renewals, and
extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations,
prior budgetary approvals, and all in compliance with applicable provisions of the City Code, as
may be deemed necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Cify Attor iey 4/4/2023
' 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: 13747 (Revision:) Printed on: 412012023