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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14462 Date: 08/15/2023 Commission Meeting Date: 09/14/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: Joe Carollo 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 credit with Licensee for outstanding use fees totaling approximately $95,853.30 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 monthly 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 monthly payments. Additionally, the Licensee has outstanding use fees due to the City totaling approximately $95,853.30 exclusive of any late fees and interest for the time period of September 2014 — September 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 08/15/2023 3:36 PM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney Thomas M. Fossler Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Andrew Frey Budget Analyst Review Budget Review Assistant City Manager Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Department Head Completed Completed Completed Completed Completed Completed Completed Completed 08/16/2023 10:34 AM 08/22/2023 9:57 AM 08/28/2023 9:56 AM 08/28/2023 4:33 PM 08/28/2023 9:13 PM 09/05/2023 10:23 AM 09/05/2023 4:59 PM 09/14/2023 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 09/21/2023 4:47 PM City of Miami Legislation Resolution Enactment Number: R-23-0395 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14462 Final Action Date:9/14/2023 A RESOLUTION OF THE CITY OF MIAMI COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE PURSUANT TO SECTION 18-176(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") APPROVING A CREDIT OF ALL OUTSTANDING USE FEES DUE BETWEEN SEPTEMBER, 2014, AND SEPTEMBER, 2023, APPROXIMATELY NINETY FIVE THOUSAND EIGHT HUNDRED FIFTY THREE DOLLARS AND THIRTY CENTS ($95,853.30), FOR LA UNIDAD CUBANA, INC.'S ("LICENSEE") USE OF PROPERTY LOCATED AT 970 SW 1ST STREET, ROOMS 302 AND 300, MIAMI, FLORIDA ("CREDITED USE FEES"), AND AN ABATEMENT OF THE USE FEE FOR CONTINUED USE OF ROOM 302 TO NO LESS THAN SEVEN HUNDRED DOLLARS ($700.00) PER MONTH EFFECTIVE OCTOBER 1, 2023, SUBJECT TO AN ANNUAL INCREASE OF THREE PERCENT (3%) OVER THE PRIOR YEAR IN ACCORDANCE WITH RESOLUTION NO. R-08- 0070 ("ABATED USE FEE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT ("RLA") BETWEEN THE CITY AND LICENSEE DATED JUNE 13, 2005, TO REMOVE USE OF ROOM 300 AND PROVIDE FOR THE CREDITED USE FEES AND ABATED USE FEE EFFECTIVE OCTOBER 1, 2023; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER DOCUMENTS, INCLUDING NON -SUBSTANTIVE AMENDMENTS, EXTENSIONS, OR RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH ALL APPLICABLE SECTIONS OF THE CITY CODE AND ALL OTHER LAWS, RULES, AND REGULATIONS, THAT MAY BE DEEMED NECESSARY FOR SAID PURPOSE. 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, on June 13, 2005, the City entered into a revocable license agreement ("RLA") with La Unidad Cubana, Inc. ("Licensee") for use of Room 302 within the Building with a use fee of $635.35/month; and WHEREAS, on January 9, 2006, the City and Licensee entered into the first amendment to the RLA adding use of Room 300 and increasing the use fee to $949.03/month; 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 providing for an annual increase of three percent (3%) over the prior year for certain license agreements; and WHEREAS, on October 1, 2008, the City and Licensee entered into a second amendment to the RLA to provide for an annual increase of three percent (3%) over the prior year's use fee that would occur in October of each year; and WHEREAS, the Licensee has indicated it has faced challenges in making use fee payments due to the Novel Coronavirus ("Covid-19") pandemic; and WHEREAS, in a letter dated March 30, 2023, the Licensee requested an amendment to the Agreement to remove use of Room 300 and to reduce monthly use fee payments; and WHEREAS, the Licensee is outstanding on use fee payments in the amount of approximately ninety five thousand eight hundred fifty three dollars and thirty cents ($95,853.30), exclusive of any late fees and interest for the period of September, 2014 through September, 2023; and WHEREAS, DREAM desires to credit the outstanding use fees and amend the RLA to remove use of Room 300 and abate the use fee for Room 302 to no less than seven hundred dollars ($700.00) per month effective October 1, 2023, subject to an annual increase of three percent (3%) over the prior year in accordance with Resolution No. R-08-0070; 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. The City Commission, by a four -fifths (4/5ths) majority vote in accordance with Section 18-176(b) of the City Code, hereby approve of a credit of all outstanding use fees due between September, 2014, and September, 2023, approximately ninety five thousand eight hundred fifty three dollars and thirty cents ($95,853.30), for Licensee's use of 970 SW 1st Street, Rooms 302 and 300, Miami, Florida ("Credited Use Fee"), and an abatement of the use fee to no less than seven hundred dollars ($700.00) for continued use of Room 302 effective September 1, 2023, subject to an annual increase of three percent (3%) over the prior year in accordance with Resolution No. R-08-0070 ("Abated Use Fee"). Section 3. The City Manager is hereby authorized' to negotiate and execute an amendment to the RLA between the City and Licensee dated June 13, 2005, to remove use of Room 300 and provide for the Credited Use Fee and Abated Use Fee effective October 1, 2023. Section 4. The City Manager is further authorized1 to negotiate and execute any and all other documents, including non -substantive amendments, extensions, and renewals, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, and prior budgetary approvals and in compliance with all applicable sections of the City Code and all other laws, rules, and regulations, that may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. 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. APPROVED AS TO FORM AND CORRECTNESS: