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HomeMy WebLinkAboutR-18-0007City of Miami Legislation Resolution R-18-0007 File Number: 3435 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/11/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT") IN SUBSTANTIALLY THE ATTACHED FORM, WITH SOUTHWEST SOCIAL SERVICES PROGRAM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("LICENSEE"), FOR THE CONTINUED USAGE OF APPROXIMATELY 20,719 SQUARE FEET OF THE CITY OF MIAMI ("CITY") FLAGAMI PARK PROPERTY IN ADDITION TO THE BUILDING KNOWN AS THE DR. ARMANDO BADIA SENIOR CENTER, LOCATED AT 25 TAMIAMI BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), FOR THE PROVISION OF MEALS, EDUCATIONAL, AND RECREATIONAL ACTIVITIES FOR THE ELDERLY; WITH SAID AGREEMENT BEING OF A MONTH-TO-MONTH DURATION, 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, AND NOT CONVEYING OR TRANSFERRING ANY RIGHT TO EXCLUDE THE CITY FROM THE PROPERTY. WHEREAS, the City of Miami ("City") is the owner of the Flagami Park property including the building known as the Dr. Armando Badia Senior Center ("Center") located at 25 Tamiami Boulevard, Miami, Florida; and WHEREAS, on January 12, 1987, the City and Southwest Social Services Program, Inc., a Florida not for profit corporation ("Licensee"), entered into a twenty (20) year Revocable Permit ("Permit") for use of approximately 5,455 square feet of space in the northeasterly portion of Flagami Park for construction of the Center; and WHEREAS, on February 25, 1993, the City adopted Resolution No. 93-123 authorizing the City Manager to expand the Licensee's use area to include approximately 20,719 square feet of the Flagami Park property ("Property"); and WHEREAS, the Licensee has expressed interest in the continued usage of the Property for the provision of meals, educational, and recreational activities for the elderly; and WHEREAS, the City and the Licensee desire and intend to enter into a Revocable License Agreement ("Agreement") to allow the Licensee's continued use of the Property on a month-to-month basis; and WHEREAS, this Agreement is non -assignable and revocable at will by the City without the consent of the Licensee and permits only those certain, enumerated, and specifically listed uses and no others; and WHEREAS, this Agreement does not transfer any interest in real property owned by the City, does not confer any right to usage of the Property for any general purposes, and does not convey or transfer any right to exclude the City from the Property; City of Miami Page 1 of 2 File ID: 3435 (Revision:) Printed On: 4/6/2018 File ID: 3435 Enactment Number: R-18-0007 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 hereby adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute the Agreement, in substantially the attached form, with the Licensee for the continued usage of the Property for the provision of meals, educational, and recreational activities for the elderly, with said Agreement being of a month-to-month duration, being 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, and not conveying or transferring any right to exclude the City from the Property. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS 1 i ria i . ndez, City ttor ey=2;� 1/2/2018 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and 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 Commission City of Miami Page 2 of 2 File ID: 3435 (Revision:) Printed on: 4/6/2018