HomeMy WebLinkAboutR-23-0395City of Miami
Resolution R-23-0395
Legislation
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.
SPONSOR(S): Commissioner Joe Carollo
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
City of Miami Page 1 of 3 File ID: 14462 (Revision:) Printed On: 7/11/2025
File ID: 14462 Enactment Number: R-23-0395
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 authorized1 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.
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.
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File ID: 14462 Enactment Number: R-23-0395
Section 4. The City Manager is further authorized' 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.
APPROVED AS TO FORM AND CORRECTNESS:
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