HomeMy WebLinkAboutR-05-0226City of Miami
Legislation
Resolution: R-05-0226
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00315 Final Action Date: 4/14/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH TRANSIT HOME FOR THE CUBAN REFUGEES, INC.
("LICENSEE"), FOR USE OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY
LOCATED AT 151 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA
("PROPERTY"), FORATERM OF TWENTY (20) YEARS COMMENCING ON THE
DATE THE CITY MANAGER RECEIVES EVIDENCE OF FUNDING AND APPROVES
CONSTRUCTION PLANS FOR THE RESTORATION WORK TO CONVERT THE
PROPERTY INTO A MUSEUM; WITH A USE FEE OF $1.00 EVERY TWELVE
MONTHS AND SUBJECT TO THE FOLLOWING CONDITIONS: 1) THIS
AGREEMENT CAN BE REVOKED AT WILL BY THE CITY; 2) IN THE EVENT THE
CITY TERMINATES THE AGREEMENT WITHOUT CAUSE, THE CITY SHALL
REIMBURSE THE UNAMORTIZED COST OF THE ELIGIBLE RESTORATION
WORK AT THE PROPERTY; 3) LICENSEE SHALL BE RESPONSIBLE FOR
RAISING THE NECESSARY FUNDS FOR THE RESTORATION WORK BY
FEBRUARY 28, 2006; 4) LICENSEE AT ITS SOLE COST AND EXPENSE SHALL
PERFORM THE RESTORATION WORK IN ACCORDANCE WITH ALL APPLICABLE
LAWS AND REGULATIONS; 5) LICENSEE SHALL OBTAIN ALL NECESSARY
PERMITS AND LICENSES FOR THE USE OF THE PROPERTY; AND 6) LICENSEE
SHALL BE RESPONSIBLE FOR ALL REPAIRS, MAINTENANCE, UTILITIES,
INSURANCE AND INSTALLATION OF NECESSARY EQUIPMENT TO OPERATE IN
THE PROPERTY; WITH OTHER TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE AGREEMENT.
WHEREAS, Motion 03-772, adopted July 17, 2003, directed the Administration to meet with the
Cuban Museum, Transit Home for the Cuban Refugees and the Brigade 2506 to negotiate an
agreement for their use of the City of Miami ("City") owned property located at 151 Northwest 27th
Avenue, Miami, Florida ("Property"); and
WHEREAS, the Motion further stated that the organizations would be responsible for the capital
improvements to the Property at their cost; and
WHEREAS, City staff met with two of the organizations on November 3, 2003, since the Brigade
2506 did not attend the meeting; and
WHEREAS, they were advised about the two options for entering into an agreement with the City,
a Revocable License Agreement ("Agreement") or a Management Agreement; and
WHEREAS, the Cuban Museum expressed a need of the entire facility, which is approximately
5,600 square feet while the Transit Home for the Cuban Refugees needed approximately 2,000
square feet; and
City of Miami
Page 1 of 2 File Id: 05-00315 (Version: 2) Printed On: 11/3/2016
File Number: 05-00315 Enactment Number: R-05-0226
WHEREAS, both organizations indicated to be unwilling to invest a considerable amount of
money into the Property unless a long term Agreement or ownership is granted; and
WHEREAS, recently the Transit Home for the Cuban Refugees ("Licensee") reconsidered
entering into an Agreement with the City and agreed to do the fund raising for the improvements to
the building;
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. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, with Licensee, for the use of the City -owned Property, for a term of twenty (20) years,
commencing on the date the City Manager receives evidence of funding and approves the
construction plans for the restoration work to convert the Property into a museum, with a use fee of
$1.00 every twelve months and subject to the following conditions: 1) this Agreement can be revoked
at will by the City; 2) in the event the City terminates the Agreement without cause, the City shall
reimburse Licensee the unamortized cost of the eligible restoration work at the Property; 3) Licensee
shall be responsible for raising the necessary funding for restoration work by February 28, 2006; 4)
Licensee at its sole cost and expense, shall perform the restoration work in accordance with all
applicable laws and regulations; 5) Licensee shall obtain all necessary permits and licenses for the
use of the Property; and 6) Licensee shall be responsible for all repairs, maintenance, utilities,
insurance, and the installation of all necessary equipment for its operation, with other terms and
conditions as more particularly set forth in the Agreement.
Section 3. The City Manager is authorized{1} to approve and execute Amendments for
non -substantive modifications to this Agreement as needed.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} 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} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 05-00315 (Version: 2) Printed On: 11/3/2016