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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #3535 Date: 01/12/2018 Commission Meeting Date: 01/11/2018 Requesting Department: Office of the City Clerk Sponsored By: District Impacted: Type: Resolution Subject: Negotiation of a Revocable License to Create a Park (Miami Children's Museum) Purpose of Item: <Insert Purpose of Item Here> Background of Item: <Insert Background Here> Budget Impact Analysis Total Fiscal Impact: Reviewed B City Commission Maricarmen Lopez Meeting Completed 01/11/2018 9:00 AM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 01/22/2018 4:39 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 01/22/2018 4:56 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 01/25/2018 3:22 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 01/25/2018 3:55 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 01/25/2018 5:49 PM Office of the City Clerk City Clerk's Office Rendered Completed 04/03/2018 3:43 PM City of Miami Legislation Resolution Enactment Number: R-18-0021 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3535 Final Action Date:1/11/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("LICENSE"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI CHILDREN'S MUSEUM ("MCM"), A FLORIDA NOT FOR PROFIT CORPORATION ("LICENSEE"), FOR THE USAGE OF APPROXIMATELY 26,599 SQUARE FEET OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED ON WATSON ISLAND IN THE CITY OF MIAMI, FLORIDA ("PROPERTY"), TO IMPROVE THE LAND TO CREATE AND MAINTAIN A PASSIVE PARK, SUBJECT TO ALL APPLICABLE PERMITS, AT NO EXPENSE TO THE CITY, WITH SAID LICENSE BEING FOR A TERM OF ONE DAY LESS THAN A YEAR (364 DAYS), NON - ASSIGNABLE AND REVOCABLE AT WILL BY THE CITY WITHOUT THE CONSENT OF THE LICENSEE, PERMITTING ONLY THOSE CERTAIN, ENUMERATED, AND SPECIFICALLY LISTED USES AND NO OTHERS, NOT CONFERRING ANY RIGHT TO USAGE OF THE PROPERTY FOR ANY GENERAL PURPOSE, NOT ENCUMBERING THE PROPERTY IN ANY WAY, VESTING ALL IMPROVEMENTS MADE TO THE PROPERTY IN THE CITY; AND NOT CONVEYING OR TRANSFERRING ANY RIGHT TO EXCLUDE THE CITY FROM THE PROPERTY, WITH OTHER TERMS AS DESCRIBED IN THE LICENSE. WHEREAS, the Miami Children's Museum ("MCM") constructed, operates, and maintains a children's museum located on Watson Island at 980 MacArthur Causeway, Miami, Florida ("Property"); and WHEREAS, on January 11, 2018, the Miami Children's Museum appeared at the Miami City Commission meeting and requested permission to negotiate a revocable license agreement with the City for a term of one day less than a year (364 days) in order to improve an approximately 26,599 square foot area ("the Area") immediately adjacent to the MCM main entrance into a passive park; and WHEREAS, MCM averred that they would pay all costs associated with the cleaning of the Area, the construction of a passive park and the continued maintenance of the park during the term of the revocable license agreement; and WHEREAS, MCM acknowledged that they would request and obtain any and all applicable permits prior to the commencement of any work in the Area; and WHEREAS, MCM acknowledged that the revocable license agreement would not convey to MCM any right, title or interest in the approximately 26,599 square feet of property or in the proposed improvements; and WHEREAS, MCM further agreed to defend, indemnify and hold the City harmless, against any and all claims relating to the use, improvement and maintenance of the proposed improvements to the Area; 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 if fully set forth in this Section. Section 2. The City Commission authorizes the City Manager to negotiate and execute a revocable license agreement ("License"), in a form acceptable to the City Attorney, with the Miami Children's Museum ("MCM"), a Florida not for profit corporation ("Licensee"), for the usage of approximately 26,599 square feet of City of Miami ("City") owned property located on Watson Island in the City of Miami, Florida ("Property"), to improve the land to create and maintain a passive park at no expense to the City, subject to all applicable permits, with said License being for a term of one day less than a year (364 days), non -assignable and revocable at will by the City without the consent of the Licensee, permitting only those certain, enumerated, and specifically listed uses and no others, not conferring any right to usage of the property for any general purpose, not encumbering the property in any way, vesting all improvements made to the property in the city; and not conveying or transferring any right to exclude the City from the Property, with other terms as described in the License. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 1/25/2018 1 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.