HomeMy WebLinkAboutExhibit C CC 10/13 (OBSOLETE)City of Miami
Legislation
Resolution: R-08-0070
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00087 Final Action Date: 2/14/2008
A RESOLUTION OF MIAMI CITY COMMISSION UPDATING USE FEES FOR USE
OF OFFICE SPACE AT THE MANUEL ARTIME THEATER AND COMMUNITY
CENTER, LOCATED AT 900 SOUTHWEST 1ST STREET AND 970 SOUTHWEST
1ST STREET, MIAMI, FLORIDA, RESPECTIVELY; AUTHORIZING THE CITY
MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH ORGANIZATIONS FOR SAID
PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE
EXISTING LICENSE AGREEMENTS TO MODIFY THE DATE FOR USE FEE
ADJUSTMENTS TO TAKE PLACE IN OCTOBER OF EACH YEAR AND PROVIDE
FORATHREE PERCENT (3%) ANNUAL INCREASE.
WHEREAS, the practice of charging fees for the use of office space at Manuel Artime
Theater and Community Center, located at 900 and 970 Southwest 1st Street, Miami, Florida
(collectively "Facility"), respectively, has been in effect for more than twenty years; and
WHEREAS, the Department of Public Facilities recently conducted an analysis of market
rental rates for similar type office buildings in the area and has determined it to be in the best interest
of the City of Miami to renew and update the fees for use ("Use Fees") of office space at the Facility,
which rates and other terms and conditions shall be formalized by the execution and issuance of a
Revocable License Agreement ("Agreement"), in a form acceptable to the City Attorney; and
WHEREAS, following a review of comparable market rates in the area, the Use Fees for the
two Manuel Artime buildings were determined to be $15.00, and $13.50, per square foot, for the
Facility; and
WHEREAS, the new Use Fees of $15.00, and $13.50, per square foot will be discounted
twenty-five percent (25%) for not -for -profit entities licensing space at the Facility; and
WHEREAS, the new Use Fees will be applied only to incoming individuals or organizations
and to any expanded space for existing Licensees; and
WHEREAS, existing Licensees at the Facility will be grandfathered and continue to pay the
rates under their respective Agreements for their existing space; and
WHEREAS, Licensees, both existing and new, could benefit from simplified procedures for
the timing and amount of annual Use Fee increases;
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
City of Miami
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File Number: 08-00087 Enactment Number: R-08-0070
by reference and incorporated as if fully set forth in this Section.
Section 2. The following Use Fees policy for the use of office space at the Facility are
updated as follows:
(A) REVOCABLE LICENSE AGREEMENT REQUIRED; USE FEES ESTABLISHED. All
individuals or organizations licensing office space at the Facility shall enter into a Revocable
License Agreement with the City of Miami. Commencing from the date this Resolution is
approved, all Agreements, shall include charges of Use Fees for use of office space as
follows:
(1) Offices in Community Center building (970 Southwest 1st Street):
(i) For -Profit Organizations: $15.00 per square foot
(ii) Not -for -Profit Organizations: $15.00 per square foot, less twenty-five percent (25%)
discount.
(2) Offices in Theater building (900 Southwest 1st Street):
(i) For -Profit Organizations: $13.50 per square foot
(ii) Not -for -Profit Organizations: $13.50 per square foot, less twenty-five percent (25%)
discount.
(3) Existing Licensees: Any individual or organization licensing office space at the Facility at
the time this Resolution is approved shall continue to pay the Use Fee arrangements of their
existing License until such time their License is terminated or revoked. Any newly expanded
space by existing Licensees will incur the Use Fees set forth above.
(B) USE FEE ADJUSTMENT; USE FEE INCREASE.
(1) Use Fee Adjustment: The Use Fee set forth in Subsection "A" hereinabove may be
adjusted to credit Licensees for expenses incurred for the provision of capital improvements to
the Facility, subject to presentation of valid documentation and approval by the City Manager
or his designee, in his sole discretion.
(2) Use Fee Increase - Timing: Commencing October 1, 2008, and each October 1
thereafter, Use Fees provided in Subsection "A" above shall be increased by three percent
(3%). All future Agreements shall provide for said increase in the Use Fees and Agreements
commencing use in future years shall pay a Use Fee reflecting the accumulated annual
increases set forth in this section.
(3) Application of October 1 Fee Increases to Existing Licensee: Fees of existing Licensees
whose annual fee increase date falls after January 1, 2008, (but before October 1, 2008) shall
not be increased until October 1st, 2008. On October 1, 2008, they shall then pay an increase
equal to the three percent (3%). Thereafter, said organizations shall pay the 3% increase
every October 1 as per item two (2) of this Section above. This section does not immediately
apply to existing Licensees whose increases are set to $.50, per year, until their square
footage rate reaches $6.00, per square foot.
Section 3. The City Manager is authorized{1} to execute Agreements, in a form
acceptable to the City Attorney, pursuant to the provisions set forth in Section 2 hereinabove and to
execute any amendments to existing Licensees to implement Section 3 hereinabove.
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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.
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