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Pre-Legislation
-03-341 03/27/03 RESOLUTION NO. 03 346 A RESOLUTION OP TEE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY TE4 ATTACHED FORM, WITH THE CENTER FOR HAITIAN STUDIES, INC., LICENSEE, FOR USE OF APPROXIMATELY 7,986 SQUARE FEET OF THE CITY -OWNED PARKING LOT LOCATED AT 185 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, ON A MONTH -TO -MONTH BASIS, WITH A MONTHLY FEE OF $2S0, PLUS A FIVE PERCENT (5%) INCREASE EVERY TWELVE MONTHS FROM TEE EFFECTIVE DATE OF TEE AGREEMENT, AND ALL OTHER TERMS AND CONDITIONS AS SET FORTH 'IN THE AGREEMENT. WHEREAS, the City of Miami ("City") owns and controls the parking lot located at 185 Northeast 82nd Terrace, Miami, Florida ("Property").; and WHEREAS, a portion of the parking lot is currently not in use by the. City) and WHEREAS, the Center fo aitian Studies, Inc.'s ("Licensee") building is located adjacent to the Property at 8260 Northeast 2nd Avenue, Miami, Florida; and it TT ACH ME T • CONTAINED \ 'CITY COMMISSION IVrEETING Of4 APR 1 0 ?nt1,1 Ilegiguilon Ko. L''.03- 346 .... WHRREAS, Licensee has approached the City to request the use of a portion of the parking tot to provide parking facilities for its visitors and employees; NOW, THEREFORE, BE IT RESOLVED 13C THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recital and findings contained in the Preamble to this Resolution •are adopted by reference and incorporated has if fully set forth in this Section. Section 2. The City Manager is authorizedli to execute a Revocable License Agreement, ('Agreement"), in substantially the attached form, with Center for Haitian Studies, Inc., Licensee, for use of approximately 7,986 square feet of the City -owned parking lot located at 185 Northeast 82nd Terrace, Miami, Florida, on a month -to -month basis, with a monthly fee of plus a five percent (5%) increase every twelve months from the effective date of the Agreement and all other terms and conditions as set forth in the Agreement. a/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but tot limited to those prescribed by applicable City Charter and Code provisions. Page 2 of 3 o3..© 346 Seotion 3, This Resolution shall become effective immediately upon its adoption and signature of the Mayor„ -a, PASSflD AND ADOPTED this 1Q'th day of April , 2003, CITY CLERK APPROVE 0 VI ATTORNEY W7144:tr:AS FORM ,A01610RRECTNESS:t, 0 If the Mayor tQos 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. Pa g 2 o O3 RYOCAflLE LICENSE AMEMENT ISSUED BY THE CITY OF MIAMI TO CENTER FOR HAITIAN STUDIES, INC. FOR THE USE OF THE PROPERTY LOCATED AT 18S N.E. 82" TERRACE MIAMI, FLORIDA AFT 03- 3 6 1. Purpose. 1 2, Occupancy And Use Period. 2 a. Continuous Duty to Operate 2 4. Interest Conferred By This Agreement, 2 6. Use Fee, 3 6. Late Fee. 3 7. Returned Check Fee. 4 S. Security Deposit 4 9. Adjustment to Windily Fee and Security 5 10. Utilities, 5 11. Condition Of The Area. 6 12, Alterations, Additions or Replacements. 6 la. ViolationsLiens And Security Interests, 1 14. City Access To Facility, 8 16. Indemnification And Hold Harmless. 88 16. Hazardous Materials. 9 17. Insurance, 9 18, No Liability. 11 19, Taxes .and Fees. 12 20, Cancellation By Licensee 12 21. This Revocable License Agreement is Revocable At Will 12 22, Notices. 13 23. Advertising. 13 24. Ownership Of improvements, 14 26. Surrender Of Area, 1,4 26. Scvorability and Savings Clause, 15 27, No Assignment Or Transfer. 15 28, Nondiscrimination, 15 29. Affirmative Action, 15 30. Minority/Women Business Utilization 16 03. 346 31. Waiver �fjury Thal, 16 32. Nott.waiver Of Default 16 •33. Amendments And Modifications. 17 34. Compliance With All.Applicabk Laws, 17 35. Captions. 17 36. interpretation. 17 37, Entire Agreement 18 37. Conflict of Interest 18 Exhibit A - "The Area" 03- REV CABLE LICENSE AGREEMENT This Revocable License Agreement (the "Agreement") is made this day of 2003, between the City of Miami (the "City") a municipal corporation of the State of Florida and Center For Haitian Studies, Inc., a Florida non-profit corporation, (the "Lieensee"), WHEREAS, the City is the owner of the parking lot located at 185 N.E. 82Terrace which is adjacent to the Lioensee's property; and WHEREAS, Licensee has expressed interest in using a portion of the parking lot to provide parking for the employees and visitors of Licensee; and WHEREAS, the City and Lieensee desire and intend to •enter into a revocable llcense agreement; and WHEREAS, this Revocable License Agreement is not assignable; and WHEREAS, this Agreement is revocable -at -will by the City and without the. consent of the Licensee; and WHEREAS, this Agreement does not transfer an interest hi real property includirig any leasehold interest in real property owned by the City; and WHEREAS, this Agreement does not confer a right to use any real property for any general purpose's; and WHEREAS, this Agreement does not convey or transfer any right to exclude the City from any real property; arid WHEREAS, this Agreement permits only certain, entunerated, •specific and listed pennitted uses and does not permit anything further; NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties 'hereby agree as follows: 1. Purpose. The City is the owner of real property and improvements thereon located .at 185 N.E. 82nd Terrace, Miami -Dade County, Florida (the "Property"). The City has determined that approximately 7,986 .square feet of the Property (the "Area"), which is depicted inExhibit "A" 03- 3 6 attached hereto and made a part hereof, is not needed at this time by any of the City's offices or departments. The Licensee shall use the Area to provide parking for its visitors and employees (the "Permitted Use), Licensee is authorized to occupy and use the: Area for the Permitted Use, under the conditions hereinafter set forth. Any use of the Area not authorized under the Permitted Use 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. Occupancy And Use Period. This Agreement shall commence as of the date upon which the City Manager executes this Agreement (the "Effective Date"). It is a revocable Agreement, This Agreement may be terminated in the following manner: (a) cancellation by Licensee; or (b) revocation by the City, 3. Continuous Duty to Operate Except where the Area is rendered untenantable by reason of fire or other casualty, Licensee shall at all times during this Agreement, occupy the Area upon the Effective Date and shall thereafter continuously conduct operations in the Area in accordance with the terms of this Agreement. 4. interest Conferred By This Agreement. Lieensee agrees that this Agreement has been issued by the City to authorize Licensee to occupy the Area solely for the limited purpose of the Permitted Use and no other purpose. The parties hereby agree that the provisions of this Agreement .do not constitute a lease and the rights of Licensee hereunder are not those of a tenant but are a mere personal privilege to do certain acts of a temporary character and to otherwise use the Area subject to the terms of this Agreement. No leasehold interest in the Area is conferred upon Licensee under the provisions hereof and Licensee does not and shall not claim at any time any leasehold estate or ownership interest in the Area by virtue of this Agreement or its use of the Area hereunder. Additionally. 2. 03.- 6 Licensee does not and shall not claina at any time any interest or estate of any kind or extent whatsoever in the Area by virtue of any expenditure of funds by the Licensee for improvements, construction, repairs, partitions, or alterations to the Area even •if such improvements, construction, repairs, partitions, or alterations are authorized by the City. 8. Use Fee. In consideration of this Agreement, Licensee agrees to pay to the City a Monthly Use Fee in the amount of Two Hundred Filly and 00/100 Dollars ($250,00), plus Florida State the Tax, if applioable, cornmenoing with the first day of the month following the Effective Date of this Agreement, for the use of the Area which shall bo paid in advance and in full on the first day of each month, without notioe or demand (the "Use Fee"). Payments shall be made payable to the "City of Miami" and shall be mailed to the "City •of Miami, Finance Department, 444 S,W. 2" Avenue, 6th Floor, Miami, Florida 33130", or such other address as may be designated from time to time. In the event the Effective Date does not fall on. the first day of the month, the Use Fee will be prorated on a daily basis for that month, 6. Late Fee. In the event the City does not receive any installment of the Use Fee within five days of the date in which it was due, Licensee shall pay to City a late charge in an amount equal to teri percent (10%) of the amount due. Such late fee shall constitute additional fees due and payable to the City by Licensee at the time of payment of the use fee. Acceptance of suoh late charge by the City shall, in no event, eonstitute a waiver of Licensee's violations with respect to such overdue amount nor prevent the. City from the pursuit of any remedy to which the City may othervvise be entitled, . Returned Check Fee. In. the event any check is .returned to the City as uncollectible, the Licensee shall pay to City a returned check fee (the "Returned Check Fee") based on the following schedule; 3 03- .846 Returned Check Fee $00,01 - $0,00 $20,00 $50.01 - 300.00 $30.00 $300,01 - 800,00 $40.00 OVER $800 5% of the returned amount. The Returned Check Fee Shall constitute additional fees due and payable to the City by Licensee, upon the date of paym,ent of the delinquent payment referenced above, Acceptance of Returned Cheek Fee by the City shall, in no event, constitute a waiver of Licensee's violations with respect to such overdue amount nor prevent the City from the pursuit of any remedy to which the City may otherwise be entitled, 8, Security Deposit Simultaneously with the oxecution of this Agreement, the Licensee shall deposit with the City the sum of Seven Hundred fifty and 00/100 Dollars ($750,00) (the "Security") as guarantee for the full and faithful performance by Licensee of all obligations of Lieensee under this Agreement or in connection with this Agreement, If Licensee is in violation of the terms of this Agreement, the City may use, apply or retain all or any part of the Security for the payment of(i) any fee or other sum of money which Licensee was obligated to pay but did not pay, (it) any sum expended by the City On Licensee's behalf in accordance with the provisions of this Agreement, or (iii) any sum which the City may expend or be required to expend as a result of Licensee's violation, The use, application or retention of the Security or any portion thereof by the City shall not prevent the City from exercising any other right or remedy provided for under this •Agreement or at law and shall not limit any recovery to which the City may be entitled otherwise. At any time or times when the City has made any such application of all or any part of the Security , the Lieensee shall deposit the sum or �umsequal to the amounts so applied by City within ten (10) days of written notice by the City. Provided Licensee is not, in violation of this Agreement, the Security or balance thereof, as the case may be, shall be returned to Licensee upon the termination of this Agreement or upon 4 0 346 any later date after which Licensee has vacated .the Area in the same condition or better as existed on the Effective Date, ordinary wear and tear excepted. Upon the return of the Security (or balance thereof) to the Licensee, the City shall be completely relieved of liability with respect to the Security. Licensee shall not be entitled to receive any interest on the Seourity. . 9. Adjustment To Monthly Fee And Security, Commencing twelve months from the Effbetive Date, or on the first day of the %Rowing mouth if the Effective Date is riot on the first of the month, and every twelve months thereafter (the "Anniversary Date(s)"), Licensee agrees that the IVIonthly Fee shall be increased br five percent (5%) of the Monthly Fee in effect for the immediately preceding Agreement Year and the Security shall he increased to equal three (3) months of the increased lvionthly Fee as calculated in the preceding sentence. On each Anniversary Date the Licensee shall remit payment to 'the City for the increased amount in Security. Nothing in this paragraph shall be construed to grant Licensee the right to use the Area fora terra greater than on a month -to -month basis. 10. Utilities. Licensee shall pay for all utilities and services, including but not limited to, electricity, water, gonn water fees, gas, telephone, garbage and sewage disposal used by Licensee during its occupancy of the Area, as well as all costs for installation of any necessary lines and equipment. Licensee, at its sole cost, shall install all utilities required for its use, install separate utility meters, and shall be billed directly by the applicable utility company for such services. In the event that the City is billed for any utility or service that is a result of Licensee's use of the Area, the Licensee shall reimburse such amount to the City within five (5) calendar days of notification of the City's receipt of said 11. Condition Of The Area. Licensee accepts the Area "as is", in its present condition and state of repair and without any representation by or on behalf of the City, and agrees that the City shall, under no circumstances, be liable for any latent, patent or other defects in the Area. Licensee, at its sole eog, shall maintain the Area in good order and repair at all times and in an attractive, dean, safe oi- 346 and sanitary condition and shall suffer no waste or injury thereto. Licensee shall be responsible for all repairs to the Area required or caused by Licensee's use of any part thereof. Licensee agrees to make all changes necessary to the Area, at Licensee's sole cost and expense in order to eomply with all City, County, State and Federal code requirements for Licensee's use or ocoupancy thereof. 12, Alterations, Additions Or Replacements. Licensee is authorized to install a fence within the Area , at its sole eost and expense, Licensee shall be solely responsible for applying and acquiring all necessary Permits for the installation of the fencing. Upon termination of this Agreement, Licensee at its sole cost and expense is responsible for the removal of the temporary fence and for restoring the Area to its original condition. Except in the event of an emergency, Licensee shall not make any repair or alteration required or permitted to be performed by Licensee unless and until Licensee shall have caused plans and specifications therefore to be prepared, at Lieensee's sole expense, by an architect or other duly qualified person and shall have obtained City Manager's approval, which approval may be conditioned or withheld for any or no reason whatsoever. The Licensee shall submit to the City proof of funding and/or its financing plans along with the plans arid specifications. The Lieensee shall be solely responsible for applying and acquiring all necessary permits, including but not limited to, building permits, The Licensee shall be responsible for any and all costs associated with any alterations including, but not lirnited to, design;construction, installation and permitting costs. All alterations to the Area, whether or not by or at the expense of the Licensee, shall, unless otherwise provided by written agreement of the parties hereto, immediately upon their completion become the property of the City and shall remain and be surrendered with the Area, In the event of an emergency, Licensee may reasonably proceed to perform such repair work and shall immediately notify the City of such Work, All alterations must be in compliance with all statutes, laws, ordinances and regulations of the State of Florida, Miarni.Dade County, the City of Miami and any other agency that may have jurisdiction over the Area as they presently exist and as they may be amended hereafter, By the installation of a fence or any other alteration, addition or replacement the City 02 - 246 shall not be excluded from the Area. 13. Violations, Liens And Security Interests. Licensee, at •its sole expense and with due diligence and dispatch, shall secure the cancellation, discharge, or bond off in the trimmer permitted by laW, all notices of violations arising from, •or otherwise connected with, Licensee's alterations or Improvements, use, occupancy, or operations in the Area which shall be issued by any public authority having or asserting jurisdiction. Licensee shall promptly pay its contractors, subcontraetors, and material men for all work and labor don at Licensee's request. Should any lien, Claim, or encumbrance be asserted or filed, Licensee shall bond against or discharge the same regardless of validity, within ten (10) calendar days of Licensee's receipt of notice of the filing of said lien, claim, or encumbrance. in the event Licensee fails to remove or bond against said lien or claim in the full amount stated, the City without obligation to do so, may bond, settle, or otherwise remove such lien or claim and Licensee shall pay the City upon demand any amounts paid out by the City to extinguish such claim or lien, including City's costs, expenses, and reasonable attorneys' fees. Licensee further agrees to hold the City harmless from and to indemnify the City against any and all claims, demands and expenses, including attorney's fees, of any contractor, subcontractor, material man, laborer or any other third person with whom Licensee has contracted or otherwise is found liable, in respect to the. Area. Nothing contained in this Agreement shall be deemed, construed or interpreted to imply any consent or agreement 04 the part of the City to subject the City's interest or estate to any liability under any mechanic's or other lien asserted by any contractor, subcontractor, material man or supplier against any part of the Area or any of the improvements thereon, All contracts, subcontracts, purchase orders, or other agreements involving the Area shall provide for the waiver of any lien rights in the Area and provide that the contracting party agrees to be bound by such provision and include the waiver provision in any sub agreement, 14. City Aoeess o Area 7 03- 340 The City and its authorized representative(s) shall at all times have access to the Area. The City shall have access to and entry into the. Are at any time to (a) inspect the Area, (b) to perform any obligations of Licensee hercturder which, Licensee has failed to perform after written notice thereof to Lieensee, Licensee not having cured such .rnatter within ten (10) calendar days of such notice, (o) to assure Licensee's compliance with the terrns and provisions of this Agreement and all applicable laws, ordinances, rules and regulations, (d) to show the Area, to prospective purchasers or lessees or licensees, and (e) for other purposes as may be deemed necessary by the City; provided, however, that the City shall make a diligent effort to provide at least 24-hours advance notice and Licensee shall have the right to have one or more of its representatives or employees present during the time of any such entry. The City shall not be liable for any loss, cost or damage to the Lieensee by reason of the exercise by the City of the right of entry described herein for the purposes listed above, The maldng of periodic inspection or the failure to do so shall •not operate to impose upon the City any liability of any kind whatsoever nor relieve the Licensee of any responsibility, obligations or liability assumed under this Agreement, 15. Indemnification and Bold Harmless The Licensee shall indemnify, hold harmless and defend the City fl•om and against any and all claims, suits, actions, damages or causes of action of whatever nature arising during the period of this Agreement, for any personal injury, loss of life or damage to property sustained in or on the Area, by reason of or as a result of Licensee's use or operations thereon, and from and against any orders, judgments or deerees which may be entered thereon, and from and against all costs, attorneys fees, expenses and liabilities incurred in an about the defense of any such claims and the investigation thereof; even if the clahns, costs, liabilities, suits, actions, daniages or causes of action arise from the negligence or alleged negligence of the City, including any of its employees, agents, or officials, 16. liarardous Materials 03- 346 The Licensee shall, at its sole cost and expense, at all times and in all respects comply with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders, administrative •actions and administrative orders ("Hazardous Materials Laws"), including, without limitation, any Hazardous Material Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportation or Env flammable explosives, toxic substances or other hazardous, contaminated or polluting materials, substances or wastes, including, without limitation, any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances, 'under any such laws, ordinances or regulations (collectively "Hazardous Materials"), The Licensee shall, at its solo cost and expense, procure, maintain in effect, and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to the presence of Hazardous Materials within, on, under or about the Area required for the Licensee's use, or storage of, any Hazardous Materials in or about the Area in conformity with all applicable .Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous Materials, Upon terirdnation or expiration of this Agreement, the Licensee shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices, placed in or about the Area by the Licensee or at the Licensee's direction, to be removed from the Area and transported for use, storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws, The City acknowledges that it is not the intent of this Article to prohibit the Licensee from operating in the Area for the uses described in the Section of this Agreement entitled "Purpose". The Licensee may operate according to the custom of the industry so long as the use or presence of Hazardous Materials is strictly and properly monitored according to, and in compliance with, all applicable governmental requirements. The requirements of this Section of the Agreement shall survive the expiration or termination of this Agreement, 17. Insurance Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times throughout the period of this Agreement, the following insurance coverage: A. Commercial General liability insurance on a Comprehensive General liability 9 03- 346 coverage form, or its equivalent, including premises, operations and contractual coverage's against all claims, demands or actions for bodily injury, personal injuty, death or property damage occurring in or about the Area with such limits as may be reasonably requested by the City from time to time but not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. The City shall be named as Additional Insured on the policy or policies ofinsurance. B. Automobile Liability insurance covering all owned, non.owned and hired vehicles used in conjunction with operations covered by this Agreement, along with Garage Keepers Liability insurance coverage. The policy or policies of insurance shall contain sueh limits as may be reasonably requested by the City from time to time but not less than One Million Dollars ($1,000,000.00) for bodily injury and :property damage, The City of Miami shall be named as additional insured on the Garage Keepers Liability insurance policy. C Worker's Compensation in the form and amounts required by State law, if applicable, D. The City of Miami, Division of Risk Management, reserves the right to reasonably amend the insurance requirements by the issuance of a notice in writing to Licensee, The Licensee shall provide any other insurance or security reasonably required by the City. E. The policy or policies of insurance required shall be so written that the policy or policies may not be canceled or materially changed without thirty (30) days advance written notice to the City. Said notice should be delivered to the City of Miami, Division of Risk Management, 444 SW 2 Avenue, 9`h Floor, Miami, Florida 33130, with copy to the City of Miami, Office of Asset:Management, 444 SW 2nd Avenue, 3rd Floor, Miami, Florida 33130, or such other address that may be designated from time to time, F. A current Evidence and Policy of Insurance evidencing the aforesaid required insurance coverage shall be supplied to the Office of Ass'et Management at the commencement of the term of this Agreement and a new Evidence and Policy shall be supplied at least twenty (20) days prior to the expiration of eaoh such policy. Insurariee policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as to manageinent and financial strength: the eompany should be rated "A" as to management, and no less than class "X" as to financial strength, in accordance with the latest 03- 346 edition ofBests Key Rating Guide, or the company holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and is a •member of the Florida Guarantee Fund, Receipt of any documentation of insurance by the City or by any of its representatives, which indicates less coverage than required, does not constitute a waiver of the Licensee's obligation to fulfill the insurance requirements herein, In the event Licensee shall fail to procure and place such insurance, the City may, but shall not be obligated to, procure and place same, in which event the amount of the premium paid shall be paid by Licensee to the City as an additional foe 14pon demand and shall in each instance be collectible on the first day of the month or any subsequent month following the date of payment by the City. Licensee's failure to procure insurance shall in no way release Licensee front its obligations and responsibilities as provided herein. 18. No Liability, In no event shall the City be liable or responsible for injury, loss or damage to the property, improvements, and/or equipment belonging to or rented by Licensee, its officers, agents, employees, invitees or patrons occurring in or about the Area that may be stolen, destroyed, or in any way damaged, including, without limitation, fire, flood, steam, electricity, gas, water, rain, vandalism .or theft which may leak or flow from or into any part of the Area, or from the breakage, leakage, obstruction or other defeets of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the Area, or from hurricane or any act of God or any act of negligence of any user of the facilities or occupants of the Area or any person whomsoever whether such damage or injury results from conditions arising upon the Area or from other sources. Licensee indemnifies the City its officers, agents and employees from and against any and all such claims even if the claims, costs, liabilities, suits, actions, damages or causes of action arise from the negligence or alleged negligence of the City, including any of its employees, agents, or offieials, Licensee further acknowledges that as lawful consideration for being granted the privilege to utilize and occupy the Area, Licensee, on behalf of himself, his agents, invitees and employees, does hereby release from any legal liability the City, its officers, agents and employees, from any and all claims for injury, death or property damage resulting from 11 03- 46 • Licensee's use of the Area. Licensee assumes all risk of loss resulting from the use of the Axea. 19, Taxes and Foes. Licensee shall pay before any fine, penalty, Interest or cost is added for nonpayment, any and all charges, fees, taxes or assessments levied against the Area, or against any oeoupancy interest or personal property of any ldnd, owned by or placed in, upon or about the Area by Licensee, including, but not limited to, ad valorem taxes, fire fees, and parking surcharges. In the event Licensee appeals a tax or fee, Licensee shall immediately notify the City of its intention to appeal said tax or fee and shall furnish and keep in effect a surety bond of a responsible and substantial surety company •reasonably acceptable to the City or other security reasonably satisfactory to the City in an amount sufficient to pay one hundred percent (100%) of the contested tax together with all interest, costs and expenses, including reasonable attorneys' fees, expected to be incurred, 20. Cancellation By Licensee. Licensee may cancel this Agreeneent at any time by giving thirty (30) clays written notice to the City prior to the effective date of the cancellation. 21. This Revocable License Agreement is Revocable At Will. This Agreement extended to the Licensee 'is revocable at will by the City Manager and *without the consent of the Licensee. 22. Notices. All notices or other communications which may be given pursuant to this Agreement shall be in writing and shall be deemed properly Served if delivered by personal service or by •certified mail addressed to City and Licensee at the address indicated herein or as the same may be changed from time to thne, Such notice shall be deemed given on the day on which personally served; or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier; 12 •03- 346 cITQP miAml City of Miami Office •of the. City Manager 3500 Pan American Drive Miami, FL 33133 Wtrra,ASQ?Y'1.0. City of Miami Office of Asset Management 444 SW and Avenue, Suite 325 Miami, FL 33130 VTR, A cOTY TQ City of Miami City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130 LICENSEE Center For Haitian Studies, Ino. Attn: Laurinus Pierre 8260 N.E 2nd Avenue Miami, FL 33138r 23. Advertising. Licensee shall not permit any signs, decoration, or advertising matter to be placed upon the exterior of the Area without having first obtained the approval of the Director of Asset Management or his/her designee, which approval may be withheld for any or no reason, at his sole discretion, Licensee must further obtain approval from all govertunental authorities having jurisdiction, and must comply with all applicable requirements set forth in the City of Miami Code and Zoning Ordinance. Upon the cancellation of this Agreement, Licensee shall, at its sole cost and expense, remove any sign, decoration, advertising matter or other thing permitted hereunder from the Area, If any part of the Area is in any way damaged by the removal of such items, said damage shall be repaired by Licensee at its 'ole cost and expense. Should Licensee fail to repair any damage caused to the Area within ten (10) days after receipt of written notice from the City directing the required repairs, the City shall cause the Area to be repaired at the sole cost and expense of Licensee. Licensee shall pay the City the full cost of such repairs within five (5) days of receipt of an invoice indicating the cost of such required repairs, 13 03.- 346 Licensee hereby understands and agrees that the City may, at its sole discretion, erect or place upon the Area an appropriate sign indicatieg the City's has issued this Agreement, 24. Ownership Of Improvements. As of the Effective Date and throughout the Use Period,. title to the Area and all improvements thereon shall be vested in City. Ftnihennore, title to all Alterations made in or to the Area, whether or not by or at the expense of Licensee, shall, unless otherwise provided by written agreement, immediately upon their completion become the property of the City and shall remain and be surrendered with the Area 25. Surrender Of Area. in either event of cancellation pursuant to "Cancellation By Lieneee" or "This Revocable ement ,is Revocable At _Wilt", Licensee shall peacefully surrender the Area broom clean and in good condition and repair together with all alterations, installation, additions and improvements which may have been made in or attached on or to the Area, Uporx surrender, Licensee shall promptly remove all its personal property and equipment and Licensee shall repair any damage to the Area caused thereby, Should Licensee fail to repair any damage caused to the Area within ten (10) days after receipt of written notice from the City directing the required repairs, the City shall cause the Area to be repaired at the sole cost and expense of Licensee. Licensee shall pay to the City the full cost of such repairs within five (5) calendar days of receipt of an invoice indicating the cost of such required repairs. At the City's option, the City may require Licensee, •at Licensee's sole eost and expense, to restore the Area to a condition aces,Iptable to the City. In the event Licensee fails to remove its personal property and equipment from the Area within the time limit set by the notice, said property shall be deemed abandoned and thereupon shall become the sole personal property of the CitY. The City, at its sole discretion and without liability, may remove and/or dispose of same as the City sees fit, all at Lieensee's sole cost and expense. 26. Severability and Savings Clause. 14 O3M46 It is the express intent of the parties that this Agreement constitutes a license and not a lease, To farther this intent, the parties agree as follows: (i) if any provision of this Agreement, or the application thereof to any circumstance, suggest that a lease, rather than a license, has been created, theft such provision shall be interpreted in the light most faVorable to the creation of a license and (ii) if any provision of this Agreement, or the applleation thereof to any circumstance, is deternlined by a court of competent jurisdiction to have created a lease rather thana license, then such provision shall be stricken and, to the fullest extent possible, the remaining provisions of this Agreement shall not be affected thereby and shall continue to operate and remain in full force and effect. With regard to those provisions which do not affect the parties intent for this Agreement constitute a license, should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of con...potent jurisdiction. to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City Df Mami suoh provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then satne shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its we, 27. No Assignment or Transfer. The Licensee may not assign or transfer this Agreement or any portion of any privilege of occupancy and/or use granted by this Agreement. 28, Nondiscrimination. S 03 - 346 Licensee shall not discriminate as to 'raw, color, religion, sex, national origin, ago, disability or _marital status in connection •with its occupancy .andtor use of the Area and improvements. thereon, 29. Affirmative Action. Licensee shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its aehlevernent which will require that action be taken to provide equal opportunity in hiring and proinoting for WOMCIA, minorities, the disabled and veterans. Such plan will include a set of positive measures which will be taken, to itisure nondiscrimination in the work place as it relates to hiring, firing, training and promotion, In lieu of such a policy/plan, Licensee shall submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations, 30, Minority/Women Business Utilization. Licensee shall make every good faith effort to purchase/contract fifty-one percent (51%) of its annual goods and services requirements from Hispanic, Black and Women businesses/professionals registered/certified with the City Office of Minority/Women Business Affairs. The City will make such lists available to the Licensee at the time of the issuance of the Agreement and the City's Office of Minority/Women Business Affairs will routinely provide updates. 31, Waiver Of Jury Trial, The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right ether may have to a trial by jury in respect of any action, prooeeding counterclaim based on this Agreement, or arising out of, under or in connection with this Agreement or any amendment or modification of this Agreement, or any other agreement executed by and between the parties in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or aetions of any party hereto, This waiver of jury trial provision is a material inducement for the City and Licensee entering into the subject transaction, 16 32. Nonwaivcr of Default Any failure by the City at any time or from time to time to enforce and require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions at any .future time and shall not prevent the City from insisting on the strict keeping and performance of such terms or conditions at any later time. No waiver of any right hereunder shall be effective unless in writing and signed by the City. 33. Axnendments And Modifications. No •amendments or modifications to this Agreement shall be binding on either party unless in writing, approved •as to form and correctness by the City Attorney, and signed by both parties. The City Manager is authorized to amend or modify this Agreement as needed. 34. Compliance with All Applicable Lavvs, The Licensee accepts this Agreement and hereby aeknowledges that Licensee's strict compliance with all applicable federal, •state and local laws, ordinances and regulations is a condition of this Agreement, and the Licensee shall comply therewith as the same presently exist and as they may be amended hereafter. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida regardless of any conflict of law or other rules, which would require the application of the laws of another jurisdiction, Venue for any legal proceeding shall be in Miatni;Dade County, 3$, Captions. Title and par raph headings are for convenient refere e and are not a part of this Agreement, 36. Interpretation. This Agreement is the result of negotiations between the parties and .has been typed/printed by one party for the convenience of both parties. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body 17 03 346 interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 37. Entire Agreement. This instrument and its attachments constitute the sole and only agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the other as of iks date. Any prior agreements, promises, negotiations or representations not expressly set forth in. this Agreement are of no force or effect, 38. Confliet of Interest. Licensee is aware of the conflict of interest. aWs of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et. seq) and of the State of Florida as set forth hi the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. Licensee covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City, Licensee further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder, Any such confliot of interest(s) on the part of Licensee, its employees or associated persons, or entities must be disclosed in writing to the City, IN WITNESS WHEREOP, the parties hereto hav� executed this Agreement of the day and year first above written, ATFEST: CITY OF MIAMI, a municipal corporation of the State of Florida By: By: 18 0 3 - 3 4 6 Priscilla A. Thompson City Clerk . Joe Arriola City Manager APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: By: By: • Diane Ericson, Director Alejandro Vilarello Risk Management Department City Attorney WITNESS; LICENSEE: CENTER FOR HAMAN STUDIES, INC. A Florida non-profit Corporation. By; „ , By: Signature Signature Print Name Print Name 19 03 46 tIV.131.1C Area (TO be A(tached) TO: FROM The Ronorab CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM .yras: and Men ()ors ,..4.,,. he City mission O'R Arriola ef Administrator/City Manager CO VON; DATE 8USJECT !REFERENCES : ENCLOSURES: MAR 8 1 2008 FILE Center for Haitian Studies, Inc, April 10, 2003 City Commission Agenda The administration recommends that the City Commission adopt the attached Resolution authorizing the City Manager to execute a Revocable License Agreement (the "Agreement"), in substantially the attached form, with Center for Haitian Studies, Inc. a non profit corporation under the laws of the State of Florida (the "Licensee"), for the use of approximately 7,986 square feet of the City -owned parking lot located at 185 N.E, 82nd Terrace, Miami, Florida (the "Property"), for the purpose of providing parking faeilitles to Licensee's visitors and employees, on a month -to -month basis and with a monthly fee in the amount of $250.00 plus a 5% increase every twelve months from the Effective Date of the Agreement, 13AcKGROUND: The Center For Haitian Studies, Inc, has approached the City for the use of a portion of the City -owned parking lot located at 185 NE. 82nd Terrace which is adjacent to his property, Currently the City Fire Rescue is using a portion of the parking lot, At this thne, the City has no use for the remaining area of the parking lot. bliglilights of the Agreement are as. follows: Use Period: On a month -to -month basis. Utilities: Licensee is responsible, Fee:, $ 250.00/month, plus a 5% increase every twelve months from the effective date of the Agreement. Late Fee; 10% late fee of the delinquent installment if not received within five days after it becomes due,. Security Deposit; $ 750.00 Maintenance; Lioensee responsible to maintain the Area. Insurance; Licensee will provide the required insurance, which includes commercial general liability and garage keeper liability in the amount of at least 81,000,000 each, automobile liability insurance in the amount of 0_3-- '318 The Honorable Mayor and Members of the City Commission Page 2 $500,000, Worker's Compensation in the form and amounts required by State law. Financial impact: There is no icgat1ve thancia1 inipact to the City, 17s311./:b:Cover rn1no rosu ItLA/CHS 0 346 " " " • AMENDMENT NO, 1 TO THE REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MIAMI AND CENTER FOR HAITIAN STUDIES This Amendment No, 1 to the Revocable License Agreement (the "Amendment") is made this day of 200", between the City of Miami (the "City") a municipal corporation of the State of Florida and Center For Haitian Studies, Inc., a Florida not for profit corporation (the "Licensee"). WHEREAS, the City of Miami owns and controls the parking lotIecated at 185 N.E, 82'1 Terrace (the "Property"), which is adjacent to the Licensee's property; and WHEREAS, Licensee expressed interest in using a portion of the parking lot to provide parking for the employees and visitors of Licensee; and WHEREAS, Resolution 03-846 adopted by the City Commission at its April 10, 2003 meeting authorized the City Manager to execute a revocable license agreement with Licensee for said purpose at a fee of $250,00 per month; and WHEREAS, Licensee is a ton -profit charitable organization that 'operates a center to provide clinical services free of charge to the Haitian community; and WHEREAS, the City and Licensee have agreed to reduce the monthly fee of 5230.00 per month to $1.00 per month, commencing May 1, 2004; and WIIEREAS, the Agreement is revoeable-at-will by the City and without the consent of the Licensee; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in • consideration of other valuable consideration the parties covenant and agree as follows: 1, Section 5 entitled "Use Fee" is hereby deleted in its entirety and replaced as follows: In consideration of this Agreement, Licensee agrees to pay to the City a Monthly Use Fee in the amount of One and 00/100 Dollars ($1,00), plus Florida State Use Tax, if applicable, commencing on May 1, 2004 and every month thereafter, for the use of the Area which shall be paid in advance and in fall on the first day of each month, without notice or demand (the "Use Fee"), Payments shall be made payable to the "City of Miami" and shall be mailed, to the "City of Miami, Finance Department, 444 S.W, 2nd Avenue, 6th Floor, Miami, Florida 33130", or such other address as may be designated from time to time. 2 Section 9 entitled "Adjustment to Monthly Fee and Security" is hereby deleted in its entirety, Except as specifically provided heroin, all of the terms and provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement on the day and year first above written. Attest: By: Signature *TACO a 20g-inn C A ea.% 0174.11 Name and Title Attest: A. h *son City Clerk LICENSEE: Center itian Studies, Inc, By: Sign President City. Miami, xnuriicipal corion of the State lorid By: Joe r ola, City Manager 14 APPROVED AS TO FORM AND CORRECTNESS Jorge Fel nandez, City Attorney APPROVED AS TO INSURANCE REQ.() r MENTS cri WI"' :Dania F, Carimi o, Ris c anageivent dministrator 3 ) City of Miami Legislation Resolution: R.04-0724 File Number: 04.01222 City Hall 3500 Pan Amerinan Drlve Miami, FL 38188 www.ci.miaml.fLus Final Mtion Date:11/1=004 A RESOLUTION OF THE MIAMI CITY COMIVIISS1ON, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO-. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE REVOCABLE LICENSE AGREEMENT ("AMENDMENT") 'BETWEEN THE CITY OF IVIIAMI AND THE CENTER FOR HAITIAN STUDIES, INC. - ("LICENSEE"), A NONPROFIT CORPORATION, TO REDUCE THE MONTHLY USE FEE FROM $ 250 PER MONTH TO $1.00 PER MONTH, FOR LICENSEES CONTINUED USE OF THE CITY -OWNED PARKING LOT LOCATED AT 185 NORTHEAST, .82ND TERRACE, MIAMI, FLORIDA, EFFECTIVE MAY 1, 2004,. WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements looated at 185 Northeast 82nd Terrace, IVIlarni, Florida, ("Properly"); and WHEREAS, pursuant to Resolution No, 03-346, adopted April 10, 2003, the City Commission authorized the City Manager to execute a Revocable License Agreement with Center for Haitian Studies, to provide parking for the employees and visitors of Licensee; and WHEREAS, the City and Licensee agreed to reduce the monthly use fee from $250 per month to $1.00 per month, effective May 1, 2004; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The recitals end findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Seotion 2, The City Manager is authorized(1) to execute Amendment No, 1, In substantially the attached form, to the Revocable License Agreement ("Amendment"), between the City and the Licensee, to reduce the monthly use fee from $250 per'month to $1.00 per month, effeotive May 1, 2004, Section 3, This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} rootnotes CO of Miami Page 1 of2 Mated On: 12/2/2 04 rile Numbor, O4-01222 Enactment Number,. R-04-0724 {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 2gf2 Printed OHu: ,l2/2/2004 City of Miami Master Report Enactment Number: R.04-0724 city Hall 0500 Pan Amerloan Drive Mlaml,PL $8103 •www,miamlgov,com File Number: 04-01222 Version! 1 File Type: Resolution Status: Passed Reference: Controlling Body: Office of the City Clerk File Name: Revocable LicenseAgint.- Center for Haitian Studios Inc, Requester: Cost: Introduced: 10/26/2044 Final Action: 11/18/2004 Title! A RESOLUTION OP THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER To EXECUTE AMENDMENT NO, 1, IN SUBSTANTIALLY THE ArrAamr) vont, TO THE REVOCABLE troaNst AGREEMENT ("AMENDMENT") BETWEEN THE CITY OF MIAMI AND THE CENTER poR HAITIAN. STUDIES, INC, ("LICENSEE"), A NONPROFIT CORPORATION, TO REDUCE THE MONTHLY USE FEE FROM $250 PER MONTH TO $1,00 PER MONTH, FOR LICENSEE'S CONTINUED 'USE OP THE CITY -OWNED PARKING LOT LOCATED AT 185 NORTHEAST, 82ND TERRACE, MIA1V1I, FLORIDA, EFFECTIVE MAY 1, 2004, Sponsors: Notes: Indexes: Attachments: 04-01222-exhibitpdr,04-01222-pre resolution.pdf,04-01222-werksheet,pdf, History of Legislative File Version: Acting Body: Date: Actin: Sent To: 'DUO. Date: Return Date: Itteault: 1 Office of the City 11/5/2004 Reviewed and, Attorney ,Approved 1 City Commission .11/18/2004 ADOPTED 1 Offico of die Mayor 12/1/2004 'Signed by the Mayor Offico oftho.City Clerk Office ef to City Clerk 12/2/2004 Signed and Attoted by City Cie& Pass City of:Miami Page 1 Printed inn 11/30/2006 AMENDMENT NO, 1 TO THE REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF MIAMI AND CENTER FOR HAITIAN STUDIES This Amendment No, 1 to the Revocable License Agreement (the "Amendment") is made this day .of 2004, between the City of Miami (the "City") a municipal corporation of the State of Florida and Center For Haitian Studies, Inc,, a Florida not for profit corporation •(the "Licensee"), Ir 6 WHEREAS, the City of Miami owns and controls the parking lot located at 185 ME. 82"d Terrace (the "Property"), which is adjacent to the Licensee's property; and WI-IERBAS, Licensee expressed interest in using a portion of the parking lot to provide parking for the employees and visitors of Licensee; and WHEREAS, Resolution 03.346 adopted by the City Commission at its April 10, 2003 meeting authorized the City Manager to execute a revocable license agreement with Licensee for said purpose at a fee of $250,00 per month; and WHEREAS, Licensee is a non-profit charitable organization that operates a center to provide clinical services free of charge to the Haitian community; and WHEREAS, the City and Licensee have agreed to reduce the monthly fee of $250,00 per month to $1,00 per month, commeneing lvlay 1, 2004; and WHEREAS, the Agreement is revocable-atewill by the City and without the consent of the Licensee; NOW, THEREFORE, in consideratien of the mutual covenants hereinafter set forth and in consideration of other valuable consideration the parties covenant and agree as tbilows: 1. Section -5 entitled "Use Fee" is hereby deleted in its entirety ttnd replaced as follows: Irr consideration of this Agreement, Licensee agrees to pay to the City a Monthly Use Fee in the amount of One and 00/100 Dollars 01,00), plus Florida State Use Tax, if applicable, commencing on May 1, 2004 and every month thereafter, for the use of the Area which shall be paid in advance and in full on the first day of each month, without notice or demand (the "Use Fee"), Payments shall be made payable to the "City of Miami" and shall be tuailed to the "City of irdA/W Mhe Miami, Finance Department, 444 S.W 2 Avcnue, On Floor, IvHand, Florida 33130", or such other address as tnay be designated from time to time, 2. Section 9entitled "Adjustment to Monthly Fee and Security" is hereby deleted in its entirety. Except as specifically provided herein, all of the terms and provisions of the Agreement shall remain itt effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No,. 1 to the Agreement on the day and year first above written, Attest: gignature Narn© arid Title Attest: Priscilla A. Thompson City Clot 2 LICENSI3E; Center for Haitian Studies, Inc. By; Signature President City of Miami, a municipal corporation of the State of Florida By: Joe Arriola, City Manager , | ^ ] | APPROVED AS TO VORM AND Jorge~-----^--- --,'--~--^ F OM : CITY OF MIAMI, F1-0111DA INTER -OFFICE MEMORANDUM The Honorable Mayor an eft Corniniss' ners Arriola y Manager October 21, 2004 nAlt FILE %JamulWorksheet for Agenda Item '. November 18, 2004 riEr-tEllENOve.! ENCLOSURES: Department Requesting Agenda Item; Economic Development 1, Subject: ne d .tt 'e evocable License Amemerit with Center for Haitian Studies (the "Licensee") 2. Purpose of item The proposed Amendmentis to request a reduction ,of due monthly fce,:from.,$2,;500 to a S1,00 per month., . History of item: , The. City Commission adopted ,Resolution 03-346 a its April 10 , 3 meet u rizin the City Martaget toeXecUte a -Revocable LieQ11$e Agreement with Licerisee, which is revocable at will by tho City and without the consent of Licensee. The Agreement provides forLicensee's uscLof a portion of the City,.,owned parking lot located at 18,5 N,P2. 82nd Terrace, Miank,Florida at a fee of $2$0.00, per month, The parking„ lot is,. adjacent to Licensee's property, which Licensee operates, as a clinic providing clinical services free of charge to the Haitian community, The parkinglot is being used as parking for its employees and visitors itee f eltare...Licenae,e.. is responsible for the maintenance, insurance, security and utilities associated with the use of:the „parking lot. Licensee has requestecJ3011_,Iuction,p_as mot nth, 4, Does this item correlate with the CIP plan or Strategic Plan? If so, how? Does this item, have any effect on residents within the City of Miami? If so, how? Licensee's use of the parking lot facilitates, the provision of free clinical serviceg to the community._ '0•111.2egaianIMMIMM*4 6. Will this item impact any specific District? If so, which one? District 5 7. Does this item have any fiscal impact? (please .provide dollar amount) ,I2,988,00 g yoar due ,to the refJuction reyik,i. $250.00 Der month to $1;00, net month; howerniegnrovidessliniesil services to the community. at =Wee. Approved by: Direct() / Chi / Manager !ht•J-E1,1^-;?.6.10.1 ; 14 03/27/03 Li I Y •LL.LRKS OF+ ICE 7305 858 610 P.02 - R0,3346 ESOLQTXON 110. A RESOLUTION OP THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAUR TO EXECUTE A REVOCABLE ILjICSE AGREEMENT ('AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH' TiE CENTRR FOR HAITIAN STUDIES., INC., LICENSEE, FOR USE OF APPROX7MATSLY 7, SQUARE PEET OF THE CITYOWNEO PARX/NG LOT LOCATED AT 185 NORTHEAST 02141 TERRACE, MIAMI, FLORIDA, ON A MONTH-.T0..MONTH nASI$, WITH A MONTHLY PEE OF $250, PLUS A FIVE •PERCENT ($*) INCREASE EVERY TWELVE MONTHS FROM THE EFFECTIVE DATE OP THE AGREEMENT, AND ALL OTHER TERMS AND CONDITIONS A.$ SBD PoRTH IN TH4 AaRtEmENT. WEEREAS, the City o4 Miami ("City") owns and controls the parking lot located at 185 Northeast 8244 Terrace, Miami) Florida ("Property")) and W.14MREAS, a portion of the parking lot is currently not in use by the •City; and WHERZAS, the Center for Haitian Studies, /nc.'S ("Licenseso) bu lding is located adjacent to the Property at 8260 Northeast 2;4 Avenueo M$ami, Florida; and to r; 1,; t to a 01 044 tl J to :0' 0 0. Ili cay comusuoN =Lima ov APF? 1 7"3 Itoolutton N6. 0 3 346 SEP-0472 J.6:11 CITY CLEWS OFFICE. 315 513 STO P,03. WHEREAS, Licensee has appr ached the City to request the use Of a portion of the parking lot to provide parking tacilitieS for its visitors and emploYees; NOW, THEREFORE, BE IT REaOLVED BY THE COMMISSION V THE CITY OF MIAMI, FLORIDA: Section 1, The recitals and findings Contained in the Preamble to this ResolutiOn are adopted by reference and incorporated has ii fully set forth in this seotiori. Section 2 The City Manager is authorized-1/ to execute a Revocable License Agreement, ‘"Agreement'), .in subatantially the attached form, with Center for Emitian Studies, Inc,, Licensee, for use of approximately 7,5 square feet of the tity-owned parking lot located at 185 Northeast 82nd Terrace, Miami, Florida, on a month -to -month basis, with a monthly fee of $250, plUs a five percent (5v$) increase very twelve months from the effective date of the Agreement and all other terms and Otnditions es aet forth in the Agreement, V Vhe heroin authorization it further subject to compliance with a1I requirements that may be imposed by the City Attorney, including but not limited to tlaoce p2eacribod by applicable city Charter and Code pxovialona, Page 2 of 3 0 346 SEP-0472003 16:11 CITY CLERKS orrtc5 305 @SS 1610 P.04 Section 3, Thip ResolutiOn shall become effective immediately upon its adoption and signature of the Mayor,V P 120.•A PTEn thi 11)th day of 4ril . PRISCILA A. TROMPS N CITY CLERM APPROVp-A'S FORM ANZ CORRECTNESSt A DROVI LLO =TY ATTOXN2Y W714414tr:AS 2003. EL A. LAZ, MAYOR X4 the Mayor does not sign this Resolution it shall become effective at the end of ten calendar days from the date it was pawed and adopted, If the Mayor vetoes this RosolutiOn, it shall becoMe effective immediately upot ovexTide ot the veto by the city Commission. Page 3 of 03- 346 City of Miami Master Report Resolution R.15.0288 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File ID #: 15-00844 Enactment Date: 7/9/15 Version: 1 Controlling Office of the City Status: Passed Body: Clerk Title: Reference: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHI\IENT(S), AUTHORIZING THE CITY MANAGER TO EXBCUTE AMENDMENT NO, 2 TO THE REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CENTER FOR HAITIAN STUDIES, INC. ("LICENSEE"), A NONPROFIT CORPORATION, TO INCREASE THE SQUARE FOOTAGE THAT THE LICENSEE IS AUTHORIZED TO UTILIZE, NON -EXCLUSIVELY, FROM 7,986 SQUARE FEET TO 20,630 SQUARE FEET, OF A CITY OF MIAMI OWNED PARKING LOT LOCATED AT 185 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "Al," ATTACHED AND INCORPORATED; WITH NO CHANGE TO THE $1.00 MONTHLY USE FEE, Name: Auth. Amend, #2 to RLA - Center for Haitian Studies Introduced: 6/22/15 Requester: District 5 - Cost: Final Action: 7/9/15 Commissioner Keon Hardemon Notes: Sections: Indexes: Attachments: 15-00844 Back -Up Documents,pdf, 15-00844 Legislation.pdf, 15-00844 Exhibit,pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result I Office of the City 6/29/15 Reviewed and Attorney Approved 1 City Commission 7/9/15 ADOPTED 1 City of Miami Page 1 Printed an2/12/2016 A motion was made by Keon Hardemon, seconded by Francis Suarez, that this natter be ADOPTED,.Chair Gort: RE.2, sponsored by Vice Chairman Hardemon, Vice Chair bIardernon: Thank you very much, Mr. Chairman, This is a simple resolution, This resolution involves a not -for -profit, Center for Haitian Studies. It's a major health -providing not -for -profit within the district that I -- and it has some parking that's just behind it, There's a facility behind it that's been used and owned by the City, and what we're doing is asking for a,lease so that he can use that parking for his Haitian Studies Center in the district, so I would move it for acceptance. Chair Gort: It's been moved by Vice Chairman Hardemon, Is there a second? Commissioner Suarez: Second, Chair Gort: Second by Commissioner Suarez, Discussion? Being none, all in favor, state it by saying "aye," The Commission (Collectively): Aye. The motion carried by the following vote: Aye: 4 - Wifredo (Willy) Gort, Marc David Sarnoff, Francis Suarez and 1(eon Hardemon Absent: 1 - Frank Carollo 1 Office of the Mayor 7/16/15 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 7/16/15 Signed and Attested by City Clerk City of Miami Page 2 Printed on 2/12/2016 City of Miami Certified Copy City I -tall 3500' Pan American Drive Miami, FL 33133 www,mlamigov;cam File Number: 15-00844 Enactment Number: R-15-0288 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY TH.E ATTACHED FORM, WITH THE CENTER FOR HAITIAN STUDIES, INC.. ("LICENSEE"), A NONPROFIT CORPORATION, TO INCREASE THE SQUARE FOOTAGE THAT THE LICENSEE IS AUTHORIZED TO UTILIZE, NON -EXCLUSIVELY, FROM 7,986 SQUARE FEET TO 20,630 SQUARE FEET, OF A CITY OF MIAMI OWNED PARKING LOT LOCATED AT 186 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A1," ATTACHED AND INCORPORATED; WITH NO CHANGE TO THE $1.00 MONTHLY USE FEE. WHEREAS, the City of Miami ("City") owns the property located at 185 Northeast 82 Terrace, Miami, Florida ("Property"), which is adjacent to property owned by the Center for Haitian Studies, Inc., a nonprofit corporation ("Licensee"); and WHEREAS, on April 10, 2003, the City Commission adopted Resolution No. 03-346, authorizing the City Manager to execute a Revocable License Agreement ("Agreement") with Licensee, to allow Licensee the non-exclusive use of a 7,986 square footportion of the Property to provide free parking for its employees and visitors; and and WHEREAS, Licensee operates a medical clinic and provides free clinical services to the public; WHEREAS, Licensee currently desires to utilize the remaining portion of the Property, totaling a total of 20,630 square feet for non-exclusive use of the Property as a free parking for its employees and visitors, as more particularly described in Exhibit "Al," attached and incorporated; and WHEREAS, currently, neither the City nor any of it departments have any use for the remaining square footage of the Property; 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 hereby authorized{1 } to execute Amendment No. 2 to .the Agreement ("Amendment"), in substantially the attached form, with Licensee, to increase the square footage of the Property that Licensee is authorized to utilize, non -exclusively, from 7,986 square feet to 20,630 square feet, as described in Exhibit "Al," for the existing monthly use fee of one dollar ($1.00). Section 3, This Resolution shall become effective immediately upon its adoption and signature of the Mayor,{2} City ofMiami Page 1 of 2 R•15.0288 41 File Number: 15-00844 Enactment Number: R-15-0288 Date: JULY 9, 2015 Mover: VICE CHAIR HARDEMON Seconder: COMMISSIONER SUAREZ Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND HARDEMON ABSENT: 1 - COMMISSIONER(S) CAROLLO Action: ADOPTED Date: JULY 16, 2015 Action: SIGNED BY THE IVIAYOR I, Todd B, Hannon, City Clerk of the City of Miami, Florida, arid keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. R-15-0288, with attachments, passel by the City Commission on 7/9/2015, 14 11..71 1.ty .orIroid0 B., Hannon, - la ericY-fr : A *,) July 20, 2015 Date Certified {1} The'llerdiA aiiSh&Oation is further subject to compliance with all requirements that may be imposed bj't th6.0tY.AttCrney, including but not limited to those prescribed by applicable City Charter and Code proVisjohs, {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar clays 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 Meant Page 2 of 2 12-15-0288 AMENDMENT NO, 2 TO THE REVOCABLE LICENSE AGREEMENT BETWEEN T1IE CITY OF MIAMI AND CENTER FOR HAITIAN STUDIES This Amend.inent No, 2 to the Revocable License Agreement (the "Amendment") is made this i " '14' day of ,hut Q,s-°r~ 2015, between the City of Miami (the "City") a municipal corporation of the State of Florida and Center For Haitian Studies, Inc,, a Florida not for profit corporation (the "Licensee"), WHEREAS, the City of Miami owns and controls the parking lot located at 185 N,E, 32"a Terrace (the "Property"), whichis adjacent to the Licensee's property; and WHEREAS, the Property has a total square footage of 20,630 square feet, of which Licensee already utilizes an approximate 7,936 square foot portion; and WHEREAS, the City is currently not utilizing the remaining square footage of Property; and WHEREAS, Licensee has expressed,interest_in using.the remaining portion of the parking lot to continue and provide additional parking for the employees and visitors. of Licensee; and WHEREAS, Resolution 03-346' adopted by the City Cormnission. at its April 10, 2003 meeting authorized the City Manager to execute a revocable license agreement with Licensee for said purpose at a fee of S250,00. per month which was then reduced to S1,00 per month via Amendment 1 to the revocable license and commenced as of May 1st, 2004; and WHEREAS, Licensee 'is a non-profit charitable organization that operates a center to provide clinical services free of charge to, the Haitian community; and WHEREAS, the Agreement is revocable -at -will by the City and without the consent of the Licensee; NOW, THEREFORE, in consideration of the inutual covenants hereinafter set forth and in consideration of other valuable consideration the parties covenant and agree as follows: 1, Section 1 entitled "Purpose" is hereby amended to reflect the term. "Area" to be synonymous with the term "Property," 2, Section 1 entitled "Purpose" is amended to reflect the change from Exhibit "A" to Exhibit "Al,." 3, Section 1 entitled "Purpose" is hereby amended as follows; The City is the owner of real property and improvements thereon located at 18.5 N,E, 82"d Terrace,. Miami -Dade County, Florida (the "Property"), The City has determined the Property, which is depicted in Exhibit "Al" attached hereto and made a part hereof, is not needed at this tinge by any of the City's -offices or departments, The Licensee shall use the Axea to provide parking for its visitors and employees (the. "Permitted Use"), Licensee is authorized to occupy and use the Area for the Permitted Use, under the 'conditions hereinafter set forth. .Any use .of.:the.Area notauthorized. under. the Permitted Use 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, Except as specifically provided herein, all of the terms and provisions ,of the Agreement shall remain in effect, IN WITNESS WHEREOF, the parties hereto have executed this Amendment No, 2 to the Agreement on the day and year first above written, Attest: By: Sig9., tur Name` nd Title 4.01 / ? a vt 1,1 /-t ba 2 LICENSEE: Center for Haitian Studies, Inc, By: Signature r () ,p _(it:rY President City of NXiaixii. a municipal corporation of the State of Florida By APPROVE1>S40 FORM AND COR eTNES/S/ APPROVED AS TO IN SUMNCE RE By: Ann 4trie Sliarpe, Risk Mc ageinw t Director.. Risk Ianagernent Depai ent 3 Exhibit "Al" 4