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HomeMy WebLinkAboutR-14-0476City of Miami Legislation Resolution: R-14-0476 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01067 Final Action Date: 12/11/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO CHLN REVOCABLE LICENSE AGREEMENT ("AMENDMENT"), BETWEEN THE CITY OF MIAMI AND CHLN, INC., A FOR PROFIT CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, AMENDING THE OCCUPANCY AND TERM OF THE AGREEMENT, ELIMINATING THE EXPIRATION DATE AND MODIFYING TO A MONTH -TO -MONTH REVOCABLE LICENSE, TO BE TERMINATED BY EITHER PARTY UPON NO LESS THAN THIRTY (30) DAYS WRITTEN NOTICE, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. WHEREAS, the City of Miami ("City") completed a competitive solicitation process for the redevelopment of Grove Key, and has entered into a lease agreement with the winning proposer, but has been unable to deliver possession due to ongoing litigation; and WHEREAS, CHLN, Inc. ("CHLN"), a for profit corporation, and the City, agree to remove the Termination Date of December 31, 2014, allowing this Revocable License ("License") to continue on a month -to -month basis in an effort to allow the City to continue to receive uninterrupted revenues and provide uninterrupted service to the patrons of the waterfront restaurant, until either Party provides thirty (30) days written notice to terminate the License; and WHEREAS, CHLN and the City now wish to amend the License to reflect the recent changes in terms; 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. Section 2. The City Manager is authorized{1} to execute the First Amendment to CHLN Revocable License Agreement ("Amendment"), between the City and CHLN, in substantially the attached form, amending the occupancy and term of the License by eliminating the expiration date and modifying to a month -to -month License, to be terminated by either Party upon no less than thirty (30) days written notice, with additional terms and conditions as more particularly set forth in the Amendment. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} City of Miami Page 1 of 2 File Id: 14-01067 (Version: 1) Printed On: 1/22/2018 File Number: 14-01067 Enactment Number: R-14-0476 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 (10) 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: 14-01067 (Version: 1) Printed On: 1/22/2018