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HomeMy WebLinkAboutresolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami,fl.ua File Humber: 05-00315 Final Action Date: 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"), FOR A TERM 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 DECEMBER 1, 2005; 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 Printed On: 4/4/2005 File Number: 05-00315 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 December 31, 2005; 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} APPROVED AS TO FORM AND CORRECTNESS: -4td, JOR E FE ' NANDEZ CITY + OR EY 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 Printed On: 4/4/200S