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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 3 4 503).)11)))),13e3 1k11",$ u))))33e3 Matl)ng )33))133), ))M133)) Prrmoi, Zoo), -33)/ '22-g.norpr Pr,n'nrY Lam) U))P AflT Pt if 33) 3)1T13333. ) 2111 P)3.1))) 33) Exhibit "Al" '11011111111111111 zoom r I)( ,,Ap;mf2J ,dap xar, ,„ eVnd 3314 ))))33,13fi00,5N0.10,Y ooi 95 00' Exhibit "A2" U O "co LIMIT OF WORK m L 11 HT. METAL PICKET FENCE 75_00' 24'x50' FIRE RESCUE TRAILER "I 170_00 EDGE OF PAVEMENT N E 82nd. 0 DErO,. _.AIP.. 1 ! EXIST. DRIVEWAY -11\`, s� iLOrl EXIST. ASPHALT PAVEMENT _ TREE PROTECTION PLAN