HomeMy WebLinkAboutExhibitAMENDMENT NO. 3 TO THE REVOCABLE LICENSE AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE CENTER FOR HAITIAN STUDIES
This Amendment No. 3 to the Revocable License Agreement (the "Amendment") is made this
day of 2016, between the City of Miami (the "City") a municipal corporation
of the State of Florida and the Center For Haitian Studies, Inc., a Florida not for profit corporation
(the "Licensee").
WHEREAS, the City owns and controls the parking lot located at 185 N.E. 82" `� Terrace
(the "Property") ; and
WHEREAS, Licensee is a non-profit charitable organization that operates a center for the
provision of clinical services free of charge to the Haitian community which is adjacent to the
Property; and
WHEREAS, pursuant to City Commission Resolution No. 03-346, enacted April 10th,
2003, the City executed a Revocable License Agreement (the "Agreement") with Licensee for use
of 7,986 square feet of the Property's total 20,630 square feet on a month -to -month basis with a
monthly fee of $250.00, plus a five percent (5%) increase every twelve (12) months from the
effective date of the Agreement; and
WHEREAS, the Agreement is revocable -at -will by the City and without the consent of the
Licensee;
WHEREAS, pursuant to City Commission Resolution No. 04-0724, enacted November
18tn, 2004, Amendment No. 1 to the Agreement was approved reducing the monthly use fee from
$250.00 per month to $1.00 per month; and
WHEREAS, pursuant to City Commission Resolution No. 15-0288, enacted July 9tn, 2015,
Amendment No. 2 to the Agreement was approved increasing the square footage the Licensee is
authorized to use from 7,986 square feet to the Property's total 20,630 square feet; and
WHEREAS, located on the Property is a 1,440 square foot mobile office trailer (the
"Trailer") which was previously used by the City's Fire Department, was surplused and then
transferred to the City's Department of Real Estate and Asset Management on December 9th,
2015; and
WHEREAS, the Trailer is not currently utilized and will not be utilized by the City in the
future as it has come into disrepair; and
WHEREAS, Licensee has expressed interest in using the Trailer to provide clinical
services to the underserved in the community; and
WHEREAS, The City wishes to allow the Licensee the use of the Trailer in an "as is"
conditional and free from any and all liability as additional office space at no charge in exchange
for the Licensee refurbishing the Trailer to an operational condition;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in
consideration of such other valuable consideration the parties covenant and agree as follows:
1. Section 1 entitled "Purpose" is hereby amended as follows:
The City is the owner of the real property and improvements thereon located at
185 N.E. 82nd Terrace, Miami -Dade County, Florida (the "Property"). Located within the
Property is a 1,440 square foot office trailer ("Trailer"). The City has determined the
Property, which is depicted in Exhibit "Al" and the Trailer which is depicted in Exhibit
"A2", both attached hereto and made a part hereof, are not needed at this time by any of
the City's offices or departments. The Licensee shall use the Property to provide parking
for its visitors and employees and shall use the Trailer for the clinical services it provides
the community (the "Permitted Use(s)"). Licensee is authorized to occupy and use the
Property and Trailer for the Permitted Uses, under the conditions hereinafter set forth.
Any use of the Property and/or Trailer not authorized under the Permitted Uses must
receive the prior written consent of the City Manager, which consent may be withheld or
conditioned for any or no reason, including, but not limited to additional financial
consideration.
2. Any mention of the Property within the Agreement shall be deemed to include the
Trailer.
Except as specifically provided herein, all of the terms and provisions of the Agreement
shall remain in effect,
2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the
Agreement on the day and year first above written.
LICENSEE: Center for Haitian Studies, Inc.
By:
Attest: Signature
By: President
Signature
Name and Title
City of Miami, a municipal corporation of the
State of Florida
By:
Daniel J. Alfonso, City Manager
Attest:
By:
Todd B. Hannon, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
By:
Victoria Mendez, City Attorney
APPROVED AS TO INSURANCE REQUIREMENTS
By:
Ann Marie Sharpe, Risk Management Director
Risk Management Department
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