HomeMy WebLinkAboutR-07-0185City of Miami
Legislation
Resolution: R-07-0185
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00410 Final Action Date: 4/12/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), REVOCABLE AT -WILL, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH ALLAPATTAH-WYNWOOD COMMUNITY AND
DEVELOPMENT CENTER, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION
("LICENSEE"), FOR THE USE OF APPROXIMATELY 14,580 SQUARE FEET OF
CITY -OWNED PROPERTY, LOCATED AT 1500 NORTHWEST 16TH AVENUE,
MIAMI, FLORIDA, TO OPERATE A CHILD DAY CARE FACILITY, WHICH SAID
AGREEMENT SHALL PROVIDE FOR A TEN-YEAR USE PERIOD AND AN ANNUAL
USE FEE OF $1.00, WITH OTHER TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID AGREEMENT.
WHEREAS, the City of Miami ("City") is the owner of real property located at 1500 Northwest 16th
Avenue, Miami, Florida, ("Property"); and
WHEREAS, pursuant to a revocable permit issued by the City on April 17, 1991, the
Allapattah-Wynwood Community and Development Center, Inc., a not -for -profit corporation
("Licensee") was authorized to use the Property to provide day care services to young children of the
Allapattah area; and
WHEREAS, pursuant to the terms of said revocable permit, the Licensee is presently operating a
day care center at the Property; and
WHEREAS, the Licensee is the owner of the land abutting the City Property and recently
completed construction on a second day care facility on the abutting privately owned site, which will
expand the Licensee's service; and
WHEREAS, the City and Licensee desire and intend to enter into the attached Revocable License
Agreement ("Agreement") renewing the Licensee's use of the Property; and
WHEREAS, said Agreement is not assignable; and
WHEREAS, said Agreement is revocable -at -will by the City and without the consent of the
Licensee; and
WHEREAS, said Agreement does not transfer an interest in real property including any leasehold
interest in real property owned by the City; and
WHEREAS, said Agreement does not confer a right to use any real property for any general
purposes; and
WHEREAS, said Agreement does not convey or transfer any right to exclude the City from any
City of Miami
Page 1 of 2 File Id: 07-00410 (Version: 2) Printed On: 3/23/2017
File Number: 07-00410 Enactment Number: R-07-0185
real property; and
WHEREAS, said Agreement permits only certain, enumerated, specific, listed permitted uses, and
does not permit anything further;
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, revocable at -will, in
substantially the attached form, with the Licensee, for the use of the Property, to operate a child day
care facility, which said Agreement shall provide for a ten-year use period and an annual use fee of
$1.00, with other terms and conditions as more particularly set forth in said Agreement.
Section 3. 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: 07-00410 (Version: 2) Printed On: 3/23/2017