HomeMy WebLinkAboutLegislationFile Number: 16-00166
City of Miami
Legislation
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE REVOCABLE LICENSE
AGREEMENT ("AGREEMENT") WITH THE CENTER FOR HAITIAN STUDIES, INC.
("LICENSEE"), A NOT FOR PROFIT CORPORATION, PROVIDING LICENSEE USE
OF A CITY -OWNED TRAILER, DESCRIBED IN EXHIBIT "A2", ATTACHED AND
INCORPORATED, THAT IS ON CITY -OWNED PROPERTY LOCATED AT 185
NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A1", ATTACHED AND INCORPORATED, ON THE
PROPERTY SUBJECT TO THE REVOCABLE LICENSE AGREEMENT FOR USE AS
ADDITIONAL CLINIC SPACE.
WHEREAS, the City of Miami ("City") owns and controls the parking lot located at 185 Northeast
82nd Terrace, Miami, Florida ("Property"); and
WHEREAS, the Center for Haitian Studies, Inc., a not for profit corporation ("Licensee") is a
charitable organization that operates a center for the provision of clinical services to the underserved
in the community, free of charge, adjacent to the Property; and
WHEREAS, pursuant to City Commission Resolution No. 03-346, enacted April 10, 2003, the City
executed a Revocable License Agreement ("Agreement") with the Licensee for use of 7,986 square
feet of the Property's total 20,630 square feet on a month-to-month basis with a monthly fee of
$250.00, plus a five percent (5%) increase every twelve (12) months from the effective date of the
Agreement; and
WHEREAS, the Agreement is revocable -at -will by the City and without the consent of the Licensee;
and
WHEREAS, pursuant to City Commission Resolution No. 04-0724, enacted November 18, 2004,
Amendment No. 1 to the Agreement was approved reducing the monthly use fee from $250.00 per
month to $1.00 per month; and
WHEREAS, pursuant to City Commission Resolution No. 15-0288, enacted July 9, 2015,
Amendment No. 2 to the Agreement was approved increasing the square footage the Licensee is
authorized to use from 7,986 square feet to the Property's total 20,630 square feet; and
WHEREAS, located on the Property is a 1,440 square foot mobile office trailer ("Trailer") which
was previously used by the City's Department of Fire Rescue and was transferred to the City's
Department of Real Estate and Asset Management on December 9, 2015; and
WHEREAS, the Trailer is not currently utilized and will not be utilized by the City in the future as it
has come into disrepair; and
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File Number., 16-00166
WHEREAS, the Licensee has expressed interest in using the Trailer to provide clinical services to
the underserved in the community; and
WHEREAS, the City wishes to allow the Licensee the use of the Trailer in an "as is" condition and
free from any and all liability as additional office space at no charge in exchange for the Licensee
refurbishing the Trailer to an operational condition;
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 if fully set forth in this Section.
Section 2. The City Manager is hereby authorized {1} to execute Amendment No. 3 to the
Revocable License Agreement ("Agreement"), in substantially the attached form, with the Center for
Haitian Studies, Inc. ("Licensee"), for usage of a City -owned trailer, which is depicted in Exhibit "A2",
attached and incorporated, that is on the Property subject to the Agreement for use as additional
clinical space.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the N4ayor.{2}
APlPROV D AS TO FORM. ND CORRECTNESS:
WI TORIA MENDEZ ?
C ITY ATTO RN EY
Footnotes: -
{1} 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 (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 Commission.
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