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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01150
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,
BETWEEN THE CITY OF MIAMI ("CITY") AND CHLN, INC., A FOR PROFIT
CORPORATION ("LICENSEE"), FOR THE USE OF CITY -OWNED REAL
PROPERTY AND IMPROVEMENTS CONTAINING 1.86 ACRES OF UPLAND
PROPERTY LOCATED AT 51 CHART HOUSE DRIVE, MIAMI, FLORIDA, FOR THE
PURPOSE OF OPERATING AN EXISTING WATERFRONT RESTAURANT WITH
THE LICENSEE TO PAY TO THE CITY THE GREATER OF A MINIMUM MONTHLY
USE FEE OF FOUR THOUSAND DOLLARS ($4,000), PLUS STATE OF FLORIDA
USE TAX, IF APPLICABLE, OR THREE AND ONE-HALF PERCENT OF MONTHLY
GROSS SALES, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID AGREEMENT.
WHEREAS, the City of Miami, Florida ("City") owns certain property and the improvements
located at 51 Chart House Drive, Miami, Florida ("Property"); and
WHEREAS, pursuant to Resolution No. 12-0195, adopted May 10, 2012, the City Commission
authorized the City Manager to enter into a Revocable License Agreement with CHLN, Inc.
("Licensee") for the temporary use of the Property; and
WHEREAS, the City underwent a competitive solicitation process for the use and occupancy of
the Property; and
WHEREAS, the City Commission reviewed the results of competitive solicitation process, but
did not make a selection; and
WHEREAS, the Revocable License Agreement will terminate on December 31, 2012; and
WHEREAS, the City and the Licensee desire to enter into a new Revocable License
Agreement ("Agreement") to continue uninterrupted service to the patrons of the waterfront restaurant
and uninterrupted revenue to the City; and
WHEREAS, this 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 fully set forth in this Section.
City of Miami
Page 1 of 2 File Id: 12-01150 (Version: 1) Printed On: 10/26/2012
File Number. 12-01150
Section 2. The City Manager is authorized{1 } to execute an Agreement, in substantially the
attached form, between the City and Licensee, for the use of City -owned real property and
improvements on 1.86 acres of upland Property, for the purpose of operating an existing waterfront
restaurant, with the Licensee to pay to the City the greater of a minimum monthly use fee of Four
Thousand Dollars ($4,000), plus State of Florida Use Tax, if applicable, or three and one-half percent
of monthly gross sales, with additional 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}
APPROVED AS TO FORM AND CORRECTNESS./
JULIE O. BR
CITY ATTNEY
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: 12-01150 (Version: 1) Printed On: 10/26/2012