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HomeMy WebLinkAboutScrivener's Error Memo;CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City ClerkG kw itt for FROM: Victoria Mendez, City Attorney DATE: November 29, 2023 RE: Resolution No. R-23-0429 — Authorize Agreement - Flagler Eye Care, Inc. - 174 & 176 East Flagler Street File No. 14650 At its September 28, 2023, meeting the City Commission adopted the above referenced agenda item, PH.7, authorizing the City Manager to negotiate and execute a Revocable License Agreement ("Agreement") between the City of Miami and Flagler Eye Care, Inc., the Licensee, for use of commercial space located at 174-176 East Flagler Street Miami, Florida, with terms and conditions as more specifically set forth in the Agreement. The item inadvertently published with an incorrect description of the effective date. The Legislation has been corrected and incremented to Revision A. VM/vja Enclosure(s) �46 50 3CL U QNJ Mega City of Miami Resolution R-23-0429 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14650 Final Action Date: 9/28/2023 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGLER EYE CARE, INC. ("LICENSEE"), FOR THE USE OF PROPERTY LOCATED AT 174 & 176 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A ONE-YEAR TERM AND PROVIDING FOR A MONTHLY USE FEE ("MONTHLY USE FEE") OF ONE THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND SIXTY-SEVEN CENTS ($1,936.67) WITH TWO (2) ONE YEAR OPTION TO RENEW WITH ADDITIONAL TERMS AND CONDITIONS AS SPECIFIED ON THE TERM SHEET, ATTACHED AND INCORPORATED AS EXHIBIT "A" ; PROVIDED LICENSEE IS CURRENT ON ALL PAYMENTS TO THE CITY, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES STATEI5 HEREIN. WHEREAS, on July 24, 1975, the City of Miami acquired, by way of a Spew; _C Warranty deed, the property located at 174 E. Flagler Street, Miami, FL 33131, the`@Iym Theater and Tower, also known as the Gusman Center for the Performing Arts frorrA1aucioe Gusman Cultural Center for the Performing Arts, Inc.; and `-i WHEREAS, the previously existing sub -lease and license agreement with the Licensee was previously managed by a third party and has since expired; and WHEREAS, the Licensee currently occupies commercial space at the Property; and WHEREAS, the Department of Real Estate and Asset Management ("DREAM") recommends that the City enter into a new Revocable License Agreement ("Agreement") with licensee, for a one-year term, providing for a monthly use fee ("monthly use fee") of one thousand nine hundred thirty-six dollars and sixty-seven cents ($1,936.67), with two (2) one year option to renew with additional terms and conditions as specified on the term sheet, attached and incorporated as Exhibit "A"; and WHEREAS, the City of Miami issued RFP 1568386 ("RFP") for the restoration, improvement, and lease of Olympia Theater and Tower and said RFP expired on March 3, 2023; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 14650 (Revision: A) Printed On: 12/6/2023 File ID: 14650 Enactment Number: R-23-0429 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 authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and Licensee, for use of commercial space located at 174-176 East Flagler Street, Miami, Florida, with terms and conditions as more specifically set forth in attached and incorporated Exhibit "A." Section 3. This Resolution shall become effective immediately upon its adoption 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. City of Miami Page 2 of 2 File ID: 14650 (Revision: A) Printed on: 12/6/2023 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14650 Final Action Date: A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGLER EYE CARE, INC. ("LICENSEE"), FOR THE USE OF PROPERTY LOCATED AT 174 & 176 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A ONE-YEAR TERM AND PROVIDING FOR A MONTHLY USE FEE ("MONTHLY USE FEE") OF ONE THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND SIXTY-SEVEN CENTS ($1,936.67) WITH TWO (2) ONE YEAR OPTION TO RENEW WITH ADDITIONAL TERMS AND CONDITIONS AS SPECIFIED ON THE TERM SHEET, ATTACHED AND INCORPORATED AS EXHIBIT "A" ; PROVIDED LICENSEE IS CURRENT ON -ALL`_- PAYMENTS TO THE CITY, FURTHER AUTHORIZING THE CITY MANAGER TO ; NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING'' AMENDMENTS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY, ATTORNEY, FOR SAID PURPOSES STATED HEREIN. WHEREAS, on July 24, 1975, the City of Miami acquired, by way of a Special;-; L.? ..°.. Warranty deed, the property located at 174 E. Flagler Street, Miami, FL 33131, the Olympia) Theater and Tower, also known as the Gusman Center for the Performing Arts from Maur Gusman Cultural Center for the Performing Arts, Inc.; and WHEREAS, the previously existing sub -lease and license agreement with the Licensee was previously managed by a third party and has since expired; and WHEREAS, the Licensee currently occupies commercial space at the Property; and WHEREAS, the Department of Real Estate and Asset Management ("DREAM") recommends that the City enter into a new Revocable License Agreement ("Agreement") with licensee, for a one-year term, providing for a monthly use fee ("monthly use fee") of one thousand nine hundred thirty-six dollars and sixty-seven cents ($1,936.67), with two (2) one year option to renew with additional terms and conditions as specified on the term sheet, attached and incorporated as Exhibit "A"; and WHEREAS, the City of Miami issued RFP 1568386 ("RFP") for the restoration, improvement, and lease of Olympia Theater and Tower and said RFP expired on March 3, 2023; 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 authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and Licensee, for use of commercial space located at 174-176 East Flagler Street, Miami, Florida, with terms and conditions as more specifically set forth in Exhibit A. Section 3. 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 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.