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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13980 Date: 05/10/2023 Commission Meeting Date: 07/13/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 3 Type: Resolution Subject: Amend Revocable License Agreement - La Unidad Cubana, Inc. Purpose of Item: Authorizing the City Manager to negotiate and execute an amendment to an existing RLA between the City and Licensee to remove use of Room 300 at the Manuel Artime Community Center located at 970 SW 1 Street per a request from Licensee. Currently, the RLA is for use of Rooms 300 and 302; and to negotiate and execute a settlement agreement with Licensee for outstanding use fees totaling approximately $90,332.53 exclusive of any late fees and interest. Background of Item: The Licensee has advised the City's Department of Real Estate and Asset Management ("DREAM") of difficulties in making rent payments. Licensee also states they no longer use room 300 and only use room 302. Due to lack of use and difficulties making payments, the Licensee requests the existing RLA be amended to remove use of room 300 to lower rent payments. Additionally, the Licensee has outstanding use fees due to the City totaling approximately $90,332.53 exclusive of any late fees and interest for the time period of September 2014 — May 2023. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: -$2,003.04 annual General Account No: 04002.221060.448000.0000.00000 Reviewed B Department of Real Estate and Asset Management Review Completed 05/10/2023 9:53 AM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring City Manager's Office Arthur Noriega V City Commission Todd B. Hannon City Commission Maricarmen Lopez Legislative Division Office of the City Attorney Thomas M. Fossler Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Meeting Meeting Legislative Division Review ACA Review Department Head Completed Completed Completed Completed Completed Completed Pending Pending 05/11/2023 12:55 PM 05/11/2023 6:20 PM 05/23/2023 3:09 PM 05/25/2023 8:51 AM 06/22/2023 9:00 AM 07/13/2023 9:00 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Pending City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13980 Final Action Date:7/13/2023 MAY BE DEFERRED A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND LA UNIDAD CUBANA, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF PROPERTY LOCATED AT 970 SW 1ST STREET, ROOM 302, MIAMI, FLORIDA ("PROPERTY"), REMOVING USE OF ROOM 300, AND NEGOTIATING AND EXECUTING A SETTLEMENT AGREEMENT WITH LICENSEE, COMMENCING ON THE EFFECTIVE DATE, FOR USE OF ADMINISTRATIVE OFFICES TO PROVIDE PROGRAMS TO SUPPORT FREEDOM AND HUMAN RIGHTS IN CUBA; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. WHEREAS, the City of Miami ("City") owns and operates a public facility known as the Manuel Artime Community Center located at 970 Southwest 1st Street, Miami, Florida (the "Building"); and WHEREAS, the Licensee entered into a Revocable License Agreement with the City on June 14, 2005 ("Agreement") to occupy and use Room 302 located at 970 Southwest 1st Street, Miami, Florida ("Building") as office space; and WHEREAS, the Licensee expressed its interest in using Room 300 of the Building as additional office space for its organization and entered into an amendment to the Agreement on January 9, 2006, adding use of Room 300 to the Agreement; and WHEREAS, on February 14, 2008, the City passed and adopted Resolution No. R-08- 0070, setting use fee rates at the Building for non-profit and for -profit entities; and WHEREAS, on October 1, 2008, the City entered into a Second Amendment increasing Use Fee and Security annually in October of each year by three percent (3%); and WHEREAS, on July 24, 2018, a letter was sent by City's Department of Real Estate and Asset Management ("DREAM") accepting a reduction in square footage from 590 square feet to 529 square feet for Room 300 and from 1,196 to 1,081 square feet for Room 302 and unauthorized rent credits totaling $13,800.68; and WHEREAS, the Licensee has indicated they have faced challenges in making rent payments due to the Novel Coronavirus ("Covid-19") pandemic; and WHEREAS, on March 30, 2023, the Licensee requested an amendment to the Agreement removing use of Room 300 to reduce monthly rent payments; and WHEREAS, DREAM wishes to amend the Agreement retroactive to April 1, 2023 removing use of Room 300 provided Licensee becomes current on all dues to the City with none outstanding; and WHEREAS, Measure Up Corp., a professionally licensed independent third -party company that provides commercial building measurement services, was contracted by DREAM to provide accurate measurements of the Building and determined Room 300 consisted 1,184 rentable square feet and Room 302 consisted of 1,612 rentable square feet; and WHEREAS, the Licensee currently owes approximately $90,332.53 in use fees, exclusive of any late fees and interest for the period of September, 2014 through May, 2023; and WHEREAS, DREAM requests a settlement agreement be negotiated and executed to address the outstanding use fees to bring the Licensee current; and WHEREAS, pursuant to City Code Section 18-176(b), four affirmative votes of the City Commission shall be required for approval of any such deferrals, abatements, credits or other reductions in payments; 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. Pursuant to Section 18-85(a) of the Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written findings, that competitive negotiation methods and procedures are not practicable or advantageous, and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and tenants, for use of commercial space located at 970 Southwest 1st Street, Room 302, Miami, Florida, with terms and conditions as more specifically set forth in said Agreement. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City 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.