HomeMy WebLinkAboutPre-LegislationJ-03-341
03/27/03
RESOLUTION NO. 03— 346
A RESOLUTION Off".THE MIAMI CITY COMM.TS810M,
WITH ATTACHMRNT (8) , AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICHNS2,
AGREEMENT (",AGRESM8NT"), IN SUMSTANTIALLY THE
ATTACHED FORM, WITH THE CENTER FOR HAITIAN
STUI)IRS, INC., LICENSES, VOR N Oy
APPROXIMATELY 7,9-86 SQUARE FEET OF THE
CITY -OWNED PAAXING LOT LOCATED AT
185 NORTHEAST 82"" TERRACE., MIAMI, FLORIDA,
014 A MONTI-1-TO-MONTIH BASIS, WITH A MONTHLY YEE
OB $250., PLUS A FIVE PERCENT (S!W) INCREASE
EVBRY TWELVE MONTHS FROM THE EFFECTIVE DATE
OF THE AGREEMENT., AND ALL OTHER TERMS AND
CONDITIONS AS SET FORTH.IN T148 AGREEMENT.
WHEREAS, the City of Miami ("City") owns and controls the
Par)i-ng lot 100ated at 185 Northeast 8,2nd Terrace, Miami, Florida
("Propertyn) ; and
WHEREAS, a portion of the parking lot is currently not in
use by the City. and
WHEREAS, the Center for.Haitian Studies, Inc.,s ("Licensee,,)
building is located adjacent to the Property at 8260 Northeast
2nd Avenue, Miami, Florida; and
A, T 7 A C 11 Apla E Nli 7 IS)
C MIT A I P
-'V"J'Xy COUNISSION
tarrw Or
AM 1 9 2003
AogolAon 19A
WHRRHAS, Licensee has approached the City to request the use
of a portion of the parking lot to provide parking facilities for
its visitors and employees,
VOW, THEREFOR B, BA IT Rr1$OLV,8D BY THE COMMISSION OF THE CITY
OF MIAMI, FT40RII)A.,l
Section :L. The reoitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated has If fully aet forth in this Section.
Section 2. The City Manager is authorized!/ to execute a
Re -vocable License Agreement, ("Agreement"), in substantially the
attached form, with Center for Haitian Studies, Iric., Licensee,
for use of approximately 7, 986 square feet of the City -owned
parking lot located at 185 Northeast 82nd Terrace, Miami,
Plorida, on a month-to-month basis, with a monthly fee of -$250,
Plus a five percent (5%) increase every twelve months from the
effective date of the Agreement and all otk er terms and
conditions as set forth in the Agreement.
The h6vein authori7vation is further oubject, to compliance with all
requirements that may be imposed by the City Attorney, i.ncluding
but not limited to those prescribed by applicable 'City Charter and
Code provisions.
Page 2 of 3
03--346
Section 3,
This RoSolution shah
become
effective
Immediately upon
its adoption and signature of
the Mayor.
A/
PASSED AND ADOPTED this 10th day of Anr,_Jl. r 2003.
NUEL A. D:rAZ,, OR
ATTR ST:
J, A,
PRISCILTA A. THOMPSLN
CITY CLERK
t&"
VDRO VII
ATTORNEY
W7144:tr:AS
I'f the Mayor does not eign 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 effootive immediately upon override of the veto by the City
commission.
Page 2 of 3
03-x.
MOCABLE LICENSE, AGIREUMENT
ISSUED BY Mr,
CITY OF rvUAMl
TO
CR Wrilk FOR HAITIAN RUDIES, INC.
FOR TIM4 USE OF THE PROM, RTY LOCATED AT
82NII,,rFMert
189 Nxt
MIAW� FLORIDA
4,3- 346
1. Purpose.
2, Occupancy And Use Period.
S. Contin-tious Duty to Operate
4. Interest Conferred By This -Agreement.
6. Use Fee.
6. Late Fee.
7. Returned Check Fee.
& Security Deposit
0. Adjuatment toMonthly red and Security
10. Utilities.
11, Condition Of The Area.
12, Alterations, Additions or Replacements,
13, Violations) Lions And Security Interests.
14.. City Access To Facility,
15. In.demulficatiou And :bold Harmless.
16, Hazardous Materials.
17. Insurance,
M No Liability.
M Taxes and Fee&
20, Cancellation By Licensee
2'1,. This Revocable License Agreement is Revocable At Will
22. Notices.
28, Advertising.
24. Ownership Of Improvements,
25. Surrender Of Area.
26, Sover0ility and Savings Clause,
27. No Assignment Or Transfer.
2& Nondiscrimination,
29., Affirmativo Action,
30, Minority/WoMOOMISIXIeS8 Utilization
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112,
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03- 346
31. Waiver Of Jury TrI41,
32. Fora -waiver Of Default.
33. Amendments And Modifications,
34. Compliance With All Applicable Laws.
35. Captions.
36. interpretation.
37, Rofire Agreement.
V. Conflict of lWerest
Exhibit A - "The Area"
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REVOCABLE LICENSE .FGRE EME NT
This Revocable License Agreement (the "Agreement") is made this � day of
2003, between the City of Miami (the 'VV) a municipal corporation of the State of V lorida. and
Center For Haitian Studies, Inc.,. a Florida non-profit corporation (the "Licensee'),
WHEREAS, the City is the owner of the parking lot located. at 485 ME, 82"4 Terraoe
Whit i is adjacent to the Uoensee's property,- and
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YMBREAS, Licenseo has, expressed interest in using 'a portion of the parking lot to
provide parking for the employees and visitors of Liceasee;.and
WHEREAS, the City and Uoonsec desire and intend to enter into a revocable license
agroenient;,aad
WHEREAS, this Revooable Ucense Agreemmit Is not assignable;. and
WHEREAS, this Agreetnent 18 revocable -at -will by the City and without the. consent of
the Licensee; and
WHVIUAS, this Agreement does not transfer an interest in real property including any
leasehold interest in real property owned by the City, and:
WHEREAS, this Agreement does not confer a right to use atV real property for any
general proposes; and
WHEREAS, this Agreement does not convey or transfer any right to exclude the City
from any real property; and
WHEREAS,. this Agreement permits only certain, imismerated, specific and listed
permitted uses and does not permit anything further;
NOW THEREFORE, In consideration of the mutual covenants set forth Lerein, the
parties hereby agree as follows:
I. Purpose.
The City is the owner of real property and itoprovements thereon located at 185 N.E. 82",
Terrace, Miami -lade County, Florida (the "'Property"), The City has determined that
approximatoly 7,986 :square feet of the Property .(the "AreW% which is depleted in Exhibit 4`All
attached hereto and made a part hereof, is not needed at this time by any of the City's offices or
departments, The Licensee shall use. the Awa to provide parlong for its visitors said employees
(the "Permitted Use"), Licensee is authorized to occupy and use the: Area for the Permitted Use,
under the conditions hereinafter set forth. Any use of the Area not authorized under the
Permitted Use must receive the prior written consent of the City Manager, which consent may be
withheld or conditioned for any or no reason, including, but not limited to additional financial
consideration.
Occupancy And Use Period,
This Agreement shall commence as of the 4ate upon which the City Manager executes
this Agreement (the "Effective Date"), It is a revocable Agreement, This Agreement may be
terminated in the following inanner:
(a) cancellation by Licensee; or
(b) revocation by the City,
3. Cont1huous Duty to Operate
Except where the Area is rendered untenantable by reason of fire or other casualty,
Lioengeo shall at all times during this Agreement, occupy the Area upon the EffWtivo Date and
shall thereafter continuously conduct operations in the Area in aocord-ance with the terms of this
Agreement.
4, Interest Conferred By This Agreement.
Licensee agrees that this Agreement has been issued by the City to authorize Licensee to
occupy the Area solely for the limited purpose of` the Permitted Use -old no other purpose, The
parties hereby agree that the provisions of this Agreement do not constitute a lease and the rights
of Licensee hereunder are not those of a tenant but are a more personal privilego to do Certain
acts of a temporary character mid to otherwise use the Area subject to the terms of -this
Agreement No leasehold interest in the Area is conferred upon Lieensee under the provisions
horeof and Licensee does not and shall not: claim at any time any leasehold estate or ownership
interest in the Area by virtue of this Agreement or its: use ofthe Area berounder. Addltionally,
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Licensee does not and shall not claim at any time any, Interest or estate of any kind or eydent
whatsoever in the Area by virtue of any expenditure of funds by the Licensee for improvements,
congtruotion, repairs, partitions, or alterations to the Area even if such improvements.,
construction, repairs, partitions, at alterations are authorized by the City,
$. Use Fee. t
Ira consideration of this Agreement, Licensee agrees to pay to the City a Monthly Use Fee
in the amount of Two Hundred Fifty and 00/100 Dollars ($250,00), plus Florida State Use Tax, if
applicable, commencing with the first day of the morith following the Effective Date of dais
Agreoment, for the iise, of the Area which shall be paid in advance and in full on the first day of
each month, without notice or demand (the "Use Payments shall be made payable to the
"City of Miami" and shall be mailed to the "City of Miami, Finance Department, 444 S.W. 2"
Avenue, WhPloor, Miami, Florida 331307', or such other address as may be designated fkom time
to time.
In the event the, Effootive Date does wt -fall oa the first day of the month, the Use Fee will
be prorated on a daily basis for that month.
6. Late Fee.
i In the event the City.does not receive any installment of the Ilse Fee within five days of
the date 'in which It was due, Licensee shall
pay. to City a late charge in an amount equal to teri
Percetit (109/0) of the dinount duo, Such late fee shall constitute additional fees due and, payable
to the City by licensee at the, time of payment of the use fee. Acceptance -of such late charge by
the City shall, in no event, constitute a waiver of Licensaes violations with respect to such
overdue amount nor prevent the City fr= the pursuit of arty remedy to which the City may
otheivise be entifle&
7. Returned Check Fee,
In, the event any check is returned to the City as uncollectible, the Licensee shall pay to
City a returned check fee (the "Returned Check Fee") based on the following sebedule: ,
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03- 846
RO=dAmint Retgm_ed Check Leo
$00,01- 50100 $20100
$501,01 -300.00: $30voo
$300,01 - 800,00 $40.00
OVER $800 5% of the returned amova
The Rettirried Check Fee shall constitute additional fees due and payable to the City by
Licensee, upon the date of payment of the delinquent, payment referenoed above. Acceptance of
Returned Check Fee by the City shall, In no event, constitute a waiver of ]licensee's violations
with respect to such overdue amount nor prevent the Cit), from the, pursuit of any remedy to
which the City may otherwise be entitleI
8. Security Deposit
Simultaneously with the execution of this Agreement, the Licensee shall deposit with the
City the sum of SevenTlundred Fifty and 00/100 Dollars ($750,00) (the "Security") as guaramee
for the flail and falthAd performance by Licensee of all obligations of Licensee under this
Agreementor in connection with this Agreement, . If Licensee is in violation of the terms of this
Agreement, the City may use, apply or retain all or any part of the Security for the payment of (i)
,any fee or other sum of monoy which Licensee was obligated to pay but did not pay, (11) any sum
expended by the City on Licensees behalf in accordance with the provisions of this Agreement,
or (M) any sum which the. City may expend or be required to expend as a result of Licensee's
violation. The use, applicatioft or retention of the Security or any portion thereof by the City
shall not prevent the City from exercising any other right or remedy provided for under this
Agreement or at law and .shall not limit any recovery to which the City may be entitled otherwise.
At any time or times when the City has made arty such application of all or any part of the
Seourity , the'Lieensee shall deposit the. sum or sums equal to the amounts so applied by City
within ten (10) days of written notice by the City.
Provided Licensee is not in violation of this Agreement, the Security or balance thereof,
as the case may be, shall be returried to Licensee upon the termination of this Agreement or upot
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03. 446
any later date after which Licensee has vacated the Area, In the same condition or better as existed
on the Effective Date, ordinary wear and tear excepted. Upon the return, of the Security (Or
balance thereon to the Licensee, the City shall, be completely relieved of liability with respect to
the Security. Licensee shall not be entitled to receive any interest on the Security .
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9. Adjustment'ro Monthly Fee And Secur4,
Commencing twelve months from the EMative Date, or on the first day of thefbIlowing
morah if the. PIffective Date is not on the first of the worith, mid every twelve months thereafter
(the "Anniversary Licensee agrees that the Mouthly Foe shall, be increased b� fivo
percent (51/o) of the Monthly fee in effect for the immediately preceding Agreement Year and the
Security shall be increased to equal three (3) months of the increased Monthly Foe as calculated
in the preooding sentence. On each Anniversary Date the Licensee shall remit payment to the
City for the increased arnount In, Security. Nothing In this paragraph shall be construed to grant
Licensee the right, to use the Area for a term greater than on a rnonthato-month basis.
10. Utilities.
Licensee shall pay for all utilities aad services, including but not limited to, electricity,
water., stoma water fees, gas, telephone, garbage and sewage disposal used by Licensee during Its
occupancy of the Area, as well as all costs .for installation of any necessary lines and equ* metit,
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Licensee,. at its sole tost, shall install all utilities required for its use, install separate utility
meters, and shall be billed directly by the applicable utility company for such services. In the
event that the City is billed. for any utility or service that is a result of Licensee's use of the Area.,
the Liaensce shall rotor -burse such amount to the City within five (5) calendar days of notification
of the City's receipt of said bill,
11. C-ondifion'Of The Area. I
Licensee accepts the Area. "as Is", In its present condition and state of repair and without
any representation by or on behalf of :the City, and agrees that the City shall, under no
cirownstances, be liable for any latent, patent or other defects la the Area, Licensee, at its sole
cost, shall maintain the Area in good order and repair at all: times and in an attractive, clean,. safe
aad sanitary condition and shall suffer no waste or Injury thereto. Licensee shall be responsible
for all repairs to the Area required or caused by Licensee's use of any part thereof
Licensee agrees to make all changes necessary to the,Alza, at Licensee's sole cost and
expense in order to comply with all C!tY,, County, State and Federal code requirements for
Licensee's use or occupancy thereof.
1 12. Alterations-, Additions Or Replacenients.
Licensee is authorized to install a, fence within the Area , at its solo cost and expense,
Licensee shall be solely responsible for applying and 'acquiring all necessary permits for the.
installation of the fencing. Upon termination of this Agreement, Licensee at its sole cost and
expense Is responsible far the removal of the temporary fence and for rostering the Area to its
;orlshial condition,
Except in the vvcnt of an emergency, Licensee shall molt make any repair or alteration
required or permitted to be Performed by Licensee unless and until )Licensee shall have caused
plans and specifications therefore to be prepared, at Licensee's sole expense, by an architect or
other duly qualified person and shall have obtained City Manager's approval, which approval
may be conditioned or withhold f6r any or no reason whatsoever. The Licensee shall submit to
the City proof of Banding and/or Its financing plans along mith The plans, and speeigoations. The
Lioensoe shall be solely responsible forapplying and acquiring all necessary permits, including
but, not limited to, Wilding permits, The Licensee shall be responsible for any and all costs
associated with any alterations including, but not limited to, design,'construetion, installation and
permitting costs. All alterations to the Area, whether or not by or at the expense of th.6 Licensee,
shall, unless otherwise provided by written agreement of the parties hereto, immediately upon
their completion become the. property of the City and. shall remain and be surrendered with the
Area, It the event of an emergency, Licensee may reasonably proceed to perform such repair
work and shall immediately notify the:City:of such �vork.
All altorations must be in compliance with all statutes, laws, ordinances and regulations
of the State of Florida, Miami -Dade County, the City of Miami and any other agency that may
have jurisdiction over the Area as they presently exist and as they may be amended hereafter,
By the installation of a fence or any other alteration, addition or replacement, the City
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shall not be excluded from the Mea.
13, Violations, Liens And Security Interests.
Licensee, at its sole expense and vdith due diligence and dispatch, shall -secure the
cancellation, discharge) or bond off In the manner permitted by law, all notices of* violations
arising fiom, or otherwise connected with, Licensee's alterations or Improvements, use,
occupancy, or operations in the Area which shall be issued by any public authority having or
asserting Jurisdiction. Licensee shall promptly pay Its contractors, subcontractors, and material
men fax all work and labor done at Lioetsoe's roquost. Should any lion, �lalm, or encumbrance
be asserted or filed, Licensee shall bond against or discharge the same regardless of validity,
within ton (1 Q) calendar days of Licensees receipt of notice of the '611 of said lien, claim, or
encumbrance, In the ,event Licensee fails to remove or band against said lion or claim. is the fall
amount stated, the City without obligation to do so, may bond, settle,. or tetherwisesuch
lien or claim and Licensee shall pay the City sport demand any mounts paid out by the City to
extinguish such claim or lien, including City's costs, expeasos, and reasonable, attorneys' fees,
Licensee further agrees to hold the City harmless from and to Indemnify the City against any and
all claims, demands and, expenses, including attorney's fees, of any contractor, subcontractor.,
rnfiterial man, laborer or any other third person with, whom Licensee has contracted or otherwise
Is found liable; in respect to the Area. Nothing. contained .in this Agreement shall ba deemed,
construed or interpreted to imply any consent or agreement on the part of the City to subject the
City's interest or estate to any liability under any m, eahanic's or other lien assert d. by any
contractor, subcontractor, material man or supplier against any part of the Area or any of the.
improvemcnts thereon, All contracts, subcontracts,. purchase orders, or other agreements
involving the Area shall provide for the waiver of any lion, rights in the Area and ,provide that the
contracting party agrees to he bound by such provision uod Include the waiver provision in any
sub agreement,
14. City Access To Area
The City and Its -authorized representative(s) shall at all times have access to the Area.
The City shall have access to and entry into the Area at any time to. (a) inspect the Area, (b) to
perform any obligations of Licensee hor6under which. Licensee has failed to perforin after written
notice thereof to. Licensee, Licensoo not having cured such matter Nvithin tern :(I 0) calendar days.
of such notice, (6) to assure Licensee's oompli*wice with the terms and provisions of this
Agreement and all applicable laws, ordinances, -rules and regulation. s, (d) to show the Area,. to
prospective purchasers or -lessees or licensees, and (e) for other purposes as may be 'deemed
necessary by the City; provided, however, that the City shall make a diligent effort to provide at
least 24 -hours, advance notice -and Licensee shall have the tight to have one or more of Its
representatives or employcesprosent during the time of any such entry, The City shall, not be
liable for any loss, cost or damage, to the Licensee by reason of the exercise by the City of the
right of entry described herein for the purposes listed above, The making of periodic inspection
or the failure to do so shall not operate to impose upon the City any liability of any kind
whatsoever nor rolleve the. Licensee of any responsibility, obligations or liability assumed under
this Agreement.
15. Indownifleation and Holdflarmless
The Licensee shall lAdemnify, hold harmless and defend the, City from and agaixist. any
and all o.laims, suits, actions, (hunages or causes of action of whatever nature arising during the
period of this Agreement, for any personal iNury, loss of life or damage to property sustained in
or orgy the Area, by reason of or as a result of Lioensces use or operations thereon, and from and`
against any orders, Judgments or decrees Which may be entered theroon, and from and against 411
costs, attorneys fees, expenses and liabilities incurred in an about the defense of any such claims
and the Investigation thereof; -evoia if the claims, costs, liabilities, suits, aotions,'dainagos or
causes of action arise from the, negligence or alleged negligence of the City, including any of its
employees, agents, or offloials.
16. Hazardous Materials
'The Licensee shall, at its solo cost and expense, at all times and in all respects comply
with all federal, State and, , 10061 laws, statutes, ordinances and regulations, miles, rulings, policies,
orders, administrative actions and administrative orders ("Hazardous Materials Laws"),
including, without limitation, any Hazardous Material Laws rolating to ltdustrial hygiene,
environmental protection or the use, storage, disposal or transportation or any flammable
explosives, toxic substances or other hazardous, contaminated or polluting materials, substances
or wastes, including, wiftiout limitation, any "Hazardous SubmaceV, "Hazardous Wastes",
"Hazardous Materials" or "Toxic Substances, 'Under any such laws, ordinances or regulations
(collectivoly "Hazardous Materials"), The Licensee shall, at its solo cast acrd expense, prooUre,
maintain in effect,. and comply Nvithall conditions of any and all permits, licenses and other
.govemmental and regulatory approvals relating to the presence of Hazardous Materials, Within,
on, under or about the Area required for 'the Licousee's use, o'r storage of, any Hazardous
Materials in or. about the Area in conformity with all applicableliazardous Materials Laws mid
prWent industry practices regarding management of such. Hazardous Materials. Upon
termination, or expiration of this Agreoment, the Licensee shall, at Its solo -cost and expense,
cause all Hazardous- Materials, inoludingtheir storage devices, placed in or about the Area by the
Licensee or at the Licensee's direction, to be removedfrom the Area and transported for use,
storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws,
The City acknowledges that It is not the intent of this Article to prohibit the Licensee *orn
operating in the Area for the uses described In the Section of this Agreement entitled "PurpoW',
The Licensee may operate according to tho -custom of the industry so long as the use or presence
of `Hazardous Materials is strictly and properly -monitored according to, and in compliance with,
all applicable governmental re4ulroments. The mquirements of this Section of the Agreement
shall survive the expiration or termination of this Agreement,
17. Insurance I
Licensee, at its solo cost, shall obtain ond maintain in full force and effect at all times
throughout the period of this Agroment, the following insurance coverage:
A, Commercial General liability insurance on a Comprehensive Oeneral liability
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coverage form, or its cq0valenti including promises, operations and contractual coverage's
against all claims, demands or actions for bodily injury, personal injury, death or property
damage occurring in or about the Area 'with such limits as may be reasonably requested by the
City from time to time but not less than $1:,000,000 per occurrence combined single limit for
bodily injury and property darnage. The City shall be named as Additional Insured on the policy
or,policios of insurance,
B. Automobile Liability insurance covering all owned, non -owned and hired
vehicles used in cor�'uncdon with operations covered by this Agreement, along with Cranage
Keepers Liability insurance coverage. The pollOy or policies of insurance $ball corit-alu such
limits as may be'reasonably,requested by the City from time to time but not less than One Million
Dollars ($1,000,000.00) for bodily injury and property damage, The City of Miami shall be
named as -additional .-insured on the GarageKeepors Liability insurance policy,
C Worker's Competwation in the farm, and -amounts required by State law, if
applicable,
D. The City of Miami, Division of Irish Management, reserves the right to reasonably
amend the insurance requirements by the issuance of a notice in writing to Licensee. The
Licensee shall provide .any other insurance or security reasonably required by the City,
E. The policy or policies of insurance required shall be so written, that the policy or
policies may not be canceled or materially changed without thirty (30) days advance written
notioe to the City. Said notice should be delivered to the City of Miami., Division of Risk
Matta gement, 444 81W 2 Avenue, 9'� Ploor, Miami, Florida 33130, with copy to the City of
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Miami, Office of Asset'Mitnagement, 444 SW 2nd Avertue, 3' Floor., Miami, Florida, 33130, or
such other address that tuay be designated froni time to time.
V, A current Evidence and Policy of Insurance evidencing the -aforesaid required
insurance coverage shall be supplied to the Office -of Asoet 'Management at the commencement of
the term of this. Agreement and a tiew Evidence ana Policy shall be supplied -at least twenty (20)
days prior to the expiration of ca,3h such policy, Insurance policies required above shall be issued
by companies authorized to do business under the laws of the State of Florida, with the following
qualifications as to management and financial strength, the company should be rated "A" as to
managernent, and no less than class "X" as to finandial strength, in aeeordanoe with the latest
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editloo oftests Xey Rating Guide, or the company holds: a valid Modda Certificate of Authority
issued by the State of Florida, Department of Insurance, and is -a member of the Florida
Guarantee Fund, Receipt of any documentation of lostmance by the City or by my of its
representatives, which indicates less coverage than required, does not constitute a, waiver of the
Llconsee.'g obligation to fulfill the Insurance requirements herein,
In the event Licensee shall fail to procure and place such insurance, the City may, but
shall not to obligated to, procure and place same, in which event the amount of the premium paid
shall be paid by Licensee lo'tho City as an additional foe upon demand and shall in each Instance
bol collectible ora the first day of the moath or any subsequeM raonth following the date of
payineut by the City. Liconseo's failure to procure insurance shall in no way release Licensee
from its obligatlonsand responsibilities as provided herein.
18, No Liability,
In no event shall the City be liable or responsible for injury, loss or damage to the
property, improvements, and/or equipment Won ! ging to ov rented by Licensee, its officers,
agents, employees, invitees or patrons occurring 'in or about the Area that may be stolen,
destroyed, or in, any way damaged, ifteluding, without limitation, fire, flood, steam, oloctricity,
gas, water, rain, vandalism or theft which. may leak or flow from or intra any part of the Area, or
from the breakage, leakage, obstruotlon or other de%ots of the pipes, sprinklers, wires,
appliances, plumbing, air conditioning or lightingfixtures of tho.Area, or from hurricane or any
act of God or any act of negligence of any user of the, facilities or occupants of the Area or any
person whom. soever whether such damage or injury results from conditions arising upon the
Area or from other sources. Licensee indemnifies the City its officers, agents and employees
from and against any and all such claims: even if tha claims, costs, liabilities, suits, actions,
damages or causes of action else from the negligence or alleged negligence of the City,
IncItidiog: any of its einployeeg, agents,or offloials,
Licensee further aolmowlodges that as lawful consideration for being. granted the
privilege to utilize -and occupy the Area,. Licensee, on behalf of himself, his agents, invitees and
employees, does hereby release froim any legal liability the City, its officers., agents and
employees, from any and all cialms for injury, death or property (14=90 resulting ftm-
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Licensee's use of the Area. Licensee assumes all risk of loss resulting. from the use of the
Area..
'190 Taxes and rees.
Licensee shall pay before any fine, penalty, Interest or coat is added for nonpayment, any
and. all charges, fees, taxes or assessments levied against the.Arca, or against any occupancy
Interest or personal property of any kind, owned by or placed In, up -on or about the Area by
Licensee, including, but not limited to, ad valorem taxes, fire fees, and parking surcharges, b the
event Licensee appeals a tax or fie, Licensee shall immediately notify the City of its hAteatioll to
appeal said tax or fee and shall furnish and keep in offect a surety bond of a responsible and
substantial surety company reasonably acceptable to the City or other security reasonably
satisfactory to the City in an amount sufficient to: pay one hundred percent (100%) of the
contested tax together with all interest, costa and expexis.es, includirigreasonable attorneys' fees.,
expected to be incurred,
20. Caacellation By Licensee.
Licensee may cancel this Agreement at any time by giviia$ thirty (30) days written notice
to the City prior to the eMetive date -of the cancellation.
21. This Revocahle License Agreement is Rovoca4le At Will,
This Agreornerit extended to the Licensee'is revocable at will by the City Manager and
without the consent of the Licensee.
22. Notices.
All notices or other cora municatiops Which may be given pursuant to this Agreement
shall be in writing and shall be deemed properly ierved if delivered by personal service or by
certified inail addressed to City and Licensee at the address indicated herein or as the same may
be changed from time to time, Such notice shall be deemed given on the day on which
personally served; or if by certified mail, on the fifth day aft -or being posted or the date of actual
receipt, whichever is carli=
12
03- 346
CIT of
-City of Munni
Office of the City Manager
3 500 Pon Amorican Drive
Miami, FL 33133
VST kLA&Z"T
City of Miami
Offloo of Asset Managomoot
444 *SW 2nd Avenue, Suite 325
Miami, FL 33.130
VIUAMN—T12
City Of Miami
City Attorney
444 SX 2nd Avenue, Suite 945
Miami, FL 33130
LIM—=
Center For Haitian Studies, 1110.
Attn: Laurinus Pierre
8260N.B. 2'd Avenue
Miami, FL 331;38
23. Advertising.
Licensee shall not permit any signs, decoration, or advertising matter to be placed upon
the exterior of the Area without having first obtained the approval of the Director of Asset
Management or his/her ' nee which approval may. be Withhold for any or no reason, at his
designee,
sole discretion, Licensee must further obtain approval from all governmental- authorities having
jurisdiction, and must comply with all applicable requirements set forth In the City of Miami
Code and Zoning, Ordinance. Upon the cancellation of this Agreement, Licensee shall, at Its -sole
cost and expense, remove any sign, decoration, advertising matter or other -thing permitted
hereunder from the Area, If any park of the Area is in any way damaged lay the removal of such
items, said damage shall be repaired by Licensee at Its 'Sole cost and. -expense, Should Licensee
fall to repair any damage caused to the Area within ton (10) days after receipt of written notice
from the City directing the required repairs, the City shall cause the Area to be repaired at the
sole vost and expense of Licensee. Licensee shall pay the City the Rill cost of stiob repairs W.Itbill
five (5) days of receipt of an invoice Indicating the cost of such required repairs,
03- 346
Licensee hereby understands and agrees that the City may, at its sole discretion, erect or
place upon the Area an appropriate sign -indicating the City's has Issued this Agreement,
U Ownership Of Improvements.
As of the Effective Date and throughout the Use period, title to the Area and all
improvements thereon shall be vested in City. FurthermoTe, -title to all Alterations made 'in or to
the Area, whether or not by or at the expense of Licensee, shall, unless otherwise provided by
written agreement, Immediately upon their completion become the property ofthe City and shall
remaln.a:nd be surrendered with the Area.
25h Surrender Of Area.
In either event of cancellation pursuant to I�nce 1�aoq B �Li �l or ":Ffi_.i�evoo�able
Licensee shall peacefully surrender the Area broom
clean .arid in good condition aad repair together with all alterations, installation, additions and
improvements which may have been made In or attached on or to the Area, Upon, slirreador,
Licensee shall promptly remove. all its personal property and equipment and Licensee shall repair
any damage to the Area, caused thereby, Shotild Licensee fail to repair any damage icaused to the
AreamithlA ten (10) days after receipt of written. notice from the City directing the required
repairs, the City shallcause the Area to be repaired at the sole cost and expense of Licensee.
Licensee shall pay to the City the full cost of such. repairs within five (3) calendar days of receipt
of an 111voice, Indicating the cost of such required vepairs. At the City's option, tfie 'City may
require Licensee, at Licensee's. sole cost and expense,, to restore the Area to a condition
acceptable to the City.
In the event Licensee fails to remove its personal property and equipment from the Area
within the time limit set by the notice,, saidproperty shall be deemed abandoned mid thereupon
shall become the sole personal property of the Citi The City,. at Its sole discvotion and without
liability, may remove and/or dispose of same as the City sees fit, all at Lloengee's sole cost mid
expense,
26, Severability and Savings Clause.
14
03- 346
It is the express intent of the parties that this Agreement constitutes a license and not a
,lease, To further this intent, the parties agree as follows. (f) If any provision of this Agreement,
or the applicatioa thereof touny circumstance, suggest that a lease, rather than a license, has been
created, theft such provision shall be 'interpreted in the light most favorable to the creation of a
licenso and (H) if any provision. of this Agreement, or the application thereof to any circumstance,
is determined by a court of competent jurisdiction to have created a lease rather than a license,
then such provision ahall be stricken and, to the fifflost extent possible, the remaining provisions.
of this Agreement shall, not be affected thereby and shall continue to operate and re -main in full
force and effect.
With regard to those provisions which do not affect the parties intent for this Agreement
constitute itute a license, should any provision, paragraph, sentence, word or phrase contained in this
Agreement be detennined by a oourt of oompetent'juriadlation, to be Invalid, Illegal or otherwise
uneaforceable tinder the laws of the State of Plorida or the City of Miarnlio such provision,
paragraph, sentence, word or phrase shall beAcerned modified to the ox -tent necessary in order to
conform with such laws., or If not modifiable, then sat neshall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain umodified and In full
force and effect or limitation of its use,
21. No Assignment or Transfer. 4
The Licensee may not assign or trans -for this Agreement or any portion of any privilege of
occupancy and/or use granted by this Agreement. .
28. Nondiscrimination.
is
03- -346
Liceasce shall not discriminate as to race, color, religion, sex, national origin, ago,
disability or marital status in. connection with its occupancy and/or we of the Area and
Improvements thereon,
29. Affirmative Action.
Licensee shall have in place an Afirmative Aotlon/Equal Employment Opportunity
Policy and shall institute a plan for Its ilohievemorlt which will require that action be taken to
provide equal opportunity in hiring and promoting for women, minoritles, tile disabled and
veterans. Such plan will include a set of positive measures which will, be taken to asure
nondiscrimination In the work: place as it relates to hiring, firing, training and promotion, In lieu
of such a polloy/plan, Licensee shall submit a Statement of Assurance indioating that their
'operation is in compliance with all relevaftt Civil Rights laws and regulations.
30. Minor ity/Women Business Utilization.
Licensee shall make every good faith effort to purchase/coutract.fifty-oac percent (5 1 Vo)
of its annual goods and services requirements from Hispanic, Black and Women
businesses/professionals; rogistered/certifted with the City Office of Minority/Women Business
Affairs. The City will make such lists available to the Licensee at the time of the issuance of the
Agreement and the City's Office of Minority/Women Business Affairs will routinely proyide
updates.
31, Waiver Of Jury Trial,
The parties hereby knowingly, irrevoeably, voluntarily and intentionally waive any right
either may have 'to a. trial by jury in, respect of any action, proceeding: or counterclaim, based on
this Agreement, or arising out of, under or in connection with this Agreement or any amendment
or modification of this -Agreemexft, or any other agreement executed bywid between the parties
in connection with this Agreement, or any course of'oonduct, course of dealing, statemouts
(,whether verbal or written) or aotions of any party hereto, This_ waiver of jury trial provision Is a
material inducement for the City and Licensee entering into the subject transaction.
16
03- 346
3.2. Nonwaiver of Default
My failure by the City at any time or from,time to time to enforce and require the Add
keepingand performance of any of the terms or conditions of` his Agreement shall not constitute
a waiver of any such terms or conditions at: any future time and shall'not prevent the City from
insisting on the strict keeping and performatice of ,such !terms or conditions at any later time. No
waiver of any right hereunder shall be effective unless in writing and, signed by the City,
33. Amendments And Modifim, tions. I
No mendmeirts or modifications to this Agreement shall be binding on either party
unless in writing, approved as to fb= and correctness by the City Attorney,, and signed by both
patties, The City Managerls authorized to amond or modify this Agreement as needed..
34. Compliance with All Applicable Laws.
The Licensee accepts this Agreement and hereby acknowledges that Licensee's strict
compliance with all applicable federal, state and local laws, ordinances and regulations is a
coadition of thisAgreernerit, and the Licensee shall comply therewith as the same presently exist
and as they may be amended hereafter This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida regardless of any conflict of law or other rules,
which would require the application of the laws of another jurisdiction. Venue fox any legal
proceeding shall be in, Miami -Dade County,
35, Captious,
Title and paragraph headings are for convenient refrrenoe and are not a part of this
Agreement.
36. Interpretation,
This .Agrees exit is the result of negotiations between the parties and has been
typed/priated by one party for the convenience of both parties. Should the provisions of :thls
Agreement requirejudicial or arbitral interpretation,it is agreed that the judicial or arbitral body
02- 346
lAterpreting or cons -truing the same shall not apply the assumption that the terms hereof shall be
more strictly construed against one party by reason of' the rule of construction that an lustrument
is to be construed more strictly against the party which itself or through its agents prepared same,
it belag agreed that the agents of both poalies have equally participated in the preparation of this
Agreement.
37. Entire Agreement.
This Instrwnent and its attachments constitute, the sole and only agreement of the parties
horotoand correctly sets forthtk rights, duties and obligations of each to tiro other as of Rg date,
Arty prior agreements, promises, negotiations or xepr",,entatlons not expressly set- forth In this
Agreement are of no force or effect.
:38. Corifflot of interest,
Licensee Is aware of the conflict of interest laws of the City of Miami (Miami City Code
Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-1 1.1 qtjsW.. and of
the State of Florida as set forth in the Florida Statutes, and agrees that it will fully comply Inall
respects with the terms of said laws and any future amondmeats thereto. Licensee covenants that
no person or entity under its employ, presently exercising any hrictions: >or responsibilities in
connection with this Agreement, has any personal financial interests direct or indirect, with the
City. Licensee further covenants that, in the performanoc of this Agroement, no pe.raon or entity
having such conflicting 'Interest shall be utifized in rospect to services provided hereunder. Any
such conflict of Interest(s) on the part of Licensee, Its employees or associated persons, or entities
must be disclosed in writing to the City.
IN VIINESS WHEREOF, the parties hereto have executed this Agreement of the day
,and year first above written, I
ATTEST,
B Y:
Is
CITY OF MIAMI,.a municipal corporation
ofthe State of Florida
By:
Priscilla A. Thompson
City Clerk
APPROVED AS TO INSURANCE
REQUMEMENTS:
By:
Diane Ericson, Director
Risk Mmiagement Department
WITNESS:
J3Y:
Print Name
19
Joe Arriola
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello,
City Attorney
LIC INSEE -1
CENTER FOR HAY' AN STUDIES, INC.
A Florida non-profit Corporation,
By'
Signature - Offloor
m
Print Namo
03- 346
txjujo A.
The Area
(To 'the
,F"tl'� waw ..�«,. ++mr�wwe.e�.q..�w «Poa -,.- •we. «.w. � ..�d .
mm
M.,
R R ��F�T ffi4 $,bN, 11q w-fpFw6,MM. ��44�
0q,D — 346
CITY OF MIAMI, FLORIDA
INTER-OFFICIE MEMORANDUM
. 4-S
TO, The Honorab aand Menb ors DATE, MAR 11 2008 FILE:
he City. ommission
8UBJECT: Center for Haitian Studies, laic,
h
FROM lo Arriola REFEREN056:
C ef Administrator/City Manager
ENCLOWRES, April 10, 2003
City Comwi5qioa Agon4.ft
The administration recommends that the City Commission adopt the attached Resolution authorizing the
City Manager to execute a Revocable LicenseAgreoment (the "Agreement"), in -substantially the attached
form, with Center for Haitian Studies, Inc. a non profit corporation under the laws of the State of Florida.
(the "Lloonsep"), fbr the use of approximately 7j986 square feet of the City -owned patking lot located at
185 X'1,, 82.' Terrace, Miami, Florida (the VroperV% f6r the purpose of providing parking facilitia's to
Licensee's visitors and employees, on -a month4o.nionth basis audwith. a monthly fee in the aivount, of
$2500 plus a 5% increase every twelve months from the Waotive Date of tho Agreement,
V.. - ''K.
The Center Por HAitian Studies, Inc. has approached the City for the, use of a portion of the City -owned
par -king lot located at 185'N -,L V"d TcrraQe which is adjacent to his property. Currently the City Fire
Rescue is rasing a portion of the parking lot. At this time, the City has no use for the remaining area of
the parkilig lot,
Hi li6ta of flit) Amement are Hlows:
Use Period. On 4 month -W -month basis.
Utilities., Licensee Is responsible,
Fee., $ 230.00/yxionth, plus A 5% Increase every twelve months from the
effective date of the Agreement. I
Late Fee,, l0% late fee of the delinquent installment iftotreceived within five days
after It becomes duo.
Security Deposit,. $750.00
Maintenanoe: Licensee responsible to maintain the, Area.
Insurance*. Licensee will provide the required Insurance, which Inchtdos commercial
Seneral liability and garage keeper liability In the amount of at least
$1,0000000 each, automobile liability insurance in the amount of
1.
The Honorable Mayor and. Members
of the City Commission
Page 2
$500,000, Worker's Compensation in the form and amounts required by
State law.
FlAaAcialImpact: There h no oegative finandal hopact to the City.
03,- 346
AMENDMENT NO, I TO THE REVOCABLE LICENSE AGRREME-,NT
BETWEEN THE CITY OF MIAMI AND CENTER FOR HAITIAN STUDIES
This Amendment No. I to the Revocable License Agreement (the "Amendment") is made this
day of 2004, between the City of Miami (the "City") a truinicipal corporation
of the State of torMdeandCenter For Haitian Studies, Inc., a Florida, not for profit corporation
(the "Licensee").
WHEREAS, the City of Miami owns and controls the parkitg lot located at 185 N.R 82"d
Terrace (the "Property"), which is adjacent to the Licensee's , property; and I
WHEREAS, licensee expressed interest in using a portion of the parldrig lot to provide
parking for the employees and visitors of Licensee; and
WHEREAS,. Resolution 03-846 adopted by the City Commission at its April 10, 2003
meeting authorized the City Manager to execute a revocable license agreement with Licensee for
said purpose at a fee of $250,00 per month; and
WHEREAS, Licen'see is a non-profit charitable organization that 'operates a center to
provide clinical services free of charge to the Haitian community; and
WHEREAS, the City and Licensee have agreed to reduce the monthly f6e of $250.00 per
m6nth to $1.00 per month, commencing May 1,2004; and
WHEREAS,, the Agreement is revooable-4t-will by the City and without the consent of the
Licensee;.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in
consideration of other valuable considet'ation the patties covenant and agree as follows:
I Section 5 entitled "Use Fee" is hereby deleted in its entirety and replaced as follows:
In consideration of this Agreement, Licensee agrees to pay to the City a Monthly Use Fee
in the amount of One and 00/100 Dollars ($1.00), plus Florida State Use Tax, if applicable,
commencing on May 1, 2004 and every month thereafter, for the use of the Area which shall be
paid in advance and infall on the first day of each month, without notice or demand (the "Use
Fee"'), Payments shall be made payable to tho "City of Miami" and shall be mailed to the "City of
0
Miami, Finance Department, 444 S.W. 2d Avenue, 6t".Floor, Miami, Florida 33130",or such
other address as may be designated from time to time.
2, Section 9 entitled "Adjustment to Monthly Fee and Security" is hereby deleted in its
gnthety
txcept as specifically provided heroin, all of the terms and provisions of the Agreement
shall remain in effect,
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I to the
Agreement on the day and year first above written.
LICENSEE: Center b... itimi Studies, Inc,
By.,
Attest:
By: Signature
1AC(Dar-, 201'PJICC
Nanle. and, Title
Attest:
B
risoilla "h
P City Clerk
Cit
Sta
By
of the
HI
0
Miami, Finance Department, 444 S.W. 2d Avenue, 6t".Floor, Miami, Florida 33130",or such
other address as may be designated from time to time.
2, Section 9 entitled "Adjustment to Monthly Fee and Security" is hereby deleted in its
gnthety
txcept as specifically provided heroin, all of the terms and provisions of the Agreement
shall remain in effect,
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I to the
Agreement on the day and year first above written.
LICENSEE: Center b... itimi Studies, Inc,
By.,
Attest:
By: Signature
1AC(Dar-, 201'PJICC
Nanle. and, Title
Attest:
B
risoilla "h
P City Clerk
Cit
Sta
By
of the
APPROVED AS TO FORM AND
CORRECTNESS
forge :Tandez,. City AttorCe
APPROVED AS TO INSURANCE
'001,5,4t,
City of Miami
City Hao
3500 Pon Ameriam
Drive
1!4A11411:
Legislation
Miami, FL 38188
WWW-0i'miamlAus
Resolution-, R-04-0724
File Nuinber: 04.01222
Final Aetion Date, 11/1812004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO, 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE REVOCABLE
LICENSE AGREEMENT ("AMENDMENT") BETWEEN THE CITY OF MIAMI AND
THE CENTER FOR HAITIAN STUDIES, INC, (110ENSEE"), A
NONPROFIT CORPORATION, TO REDUCE THE MONTHLY USE FEE FROM $
250 PER 1MONTH TO $1.00 ICER MONTH, FOR LICENSEE'S CONTINUED USE
OF THE PARKING LOT LOCATED AT 185 NORTHEAST, 82ND
T , EIRRACE, MIAMI, FLORIDA, EFFECTIVE MAY 1, 2004,
WHEREAS, the City of Miami ("City".) Is: the owner of certain real property and improvements
located -at 185 Northeast 82nd Terrace, Miami, F'lo'rida, ("Property"); and
WHEREAS, pursuant, to Resolution No, q8-4346, ado'ptod April 10, 2003, the City Commission
authorized the City Manager to execute Revocable License Agreement with .Conter for Haitian
Studies, to provide peirking for the employees and visitors of Licensee; and
WHEREAS, the City and Licensee agreed to reduce the monthly use fee from $250 per month to
$1,00 per.month, effective May 1, 2004;
.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 authorl,zed(l) to .execute Amendment No, 1, In substantially the
attached f6r�, to the Revocable License Agreement. (",Amendment"), between the City and the
Licensee, to reduce the monthly use fee from $250 por'month to $1.00 per month, effective May 1,
2004.
Section 3, This Resolution shall become effective immediately upon Its adoption and signature -of,
the Mayor.(2)
rootnotesi
041 of Miand oft Pdided An: 121212004
Pilo Numbor; 04-01222 Enactment Number.- R-040724
{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 often 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 Allaml Page 2 of% Printed Ow 11/212004
City 1-1411
City of Miami 8500 Pan Arnerloan DrIve
Mlaml, FL 33133
www'n1farnigov'Corn
Master Report
Enactment Number: R-0440724
Pilo Number: 04-01222 File Type: Resolution. status: Passed
Version* I
Reference-,
File Name. RevocabloLicewo Agfut, - Confor for Haitian Studies Inc.
Controlling Body., Officeathe City
Clerk
Introduced: 10/26004
Requester: Cost: Final Action: IIJ18/2004
Title., A RESOLUTION Or, TIM MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGERTO EXECUTE AMENDMENT NO, 1,1N
SUBSTANTIALLY THE ATTAM-1) VORM, TO THE REVOCASLELICENSE AGREEMENT
("AWNDMENT") BETWEEN THE CITY OFMIAMI AND THE CENTER POR HAITIAN
STUDIES, INC, ('LIM`NSFP,").,A, NONPROFIT CORPORATION, TO REWCE TfIE
MONTHLY USE FEE FROM $250 PERMONTH TO $1R0 PERMONTH, FOR LICENSEE'S
CONTINUED USE. Or THE CITY -OWNED PARKINO LOT LOCATED AT 185 NORTHEAST;,
82ND TERRACE, IVHAMI, FLORIDA, EFFECTIVE.MAY 1, 2004,
Sponsors:
Notosi,
Indexes:
Attachments, 04-01222-exhibit,pdf.,04-01222-1)rorosollition,pdf,04.01222-Worl(glieet.pdf,
History of Legislative File
Version: Acting body: Date: Action: Sent To: Due. Dater Return Date: Result:
Office of tile City 11/5/2004 Reviewed and,
Attornoy Approved
City Commission. 11/19/2004 ADOPTED Pass
1 Offloo of tha may -of 12/1/2004 Sipodbythe. Mayor Offloo oftho City
Clell<
Office of tho City Mork 12/2/2004 Signed andAvestod
by City Ole&
City of ulaint page'l Printedora1113012006
AM NI NO, I TO T14E REVOCABLE LICEXSB AGREEMENT
BETWEEN THE CITY OF MIAMI AND CENTER FOR HAITIAN STUDIES
This Amendment No. I to the Revocable License Agroomont (the "AmondmenV) is made this
day of 2004# between the City of Miami (the "City) -a municipal corporation
of the State of Plorida and Center For Haitian StudJoul Incs a Florida not for profit corporation
WHERRA the pity of Mimi ovms and conttals the parking lot located at 1.85 N.E. 820
Teirwo (the "Property'l, whichis Wjacont to the Lledriseo's-property; and
WHER 9,A% Licensee aptessed interest in ushig a portion, of the parking lot to provide
'parking f6r the employees and visitors of Liconsee; mid
W14ROA% Resolutiou 03.1146 adopted by the City Commission at Its April 10, 2003
meeting authorized the CityManager to execute revocable liedrite agreement, with Licangee for
said purpose at 4 fee of $2501-00 per month; and
WHEPWAS, Licensee ;is a nonpproflt charitable organization. that operates a center to
provide elinicial svervices free of charge to the HaIdAn community; and
WHEREAS, the City and - Licensee have agreed toroduce the monthly fee of $250#00 per
month to$ t,'00 per -month, commencing, May 1, 2004; and
WHMEAS, the Agreemont Is revocable -et -will by the City and without the consent of the
Licensee;
NOS', THEREFORNo in consideration of the mutual covenants herefflafter sot forth and in
consideration of otbor valuiblo comidoration the parties covenant and.4groo as Mows:
1, Section $ entitled "Use Fee" is hereby deleted in Its entirety and replaced as follows;
Ift-considoration of this Agreement, Licensee agrees to pay to the City a Monthly Use Fee
in the amount of One and 00/100 Dollars ($1,00), plus Florida State Uge Tax, If applicable,
commencing on, May: 1, 2004 and every month thereafter, fbr the use of the Area which shall. be
paid in.odvance and In full on the first day of each, month, without notice or demand (the "Use,
I i
Fee"), Paymonm ball be made payable to the "City of Miami" and shall be rnalled to the "City of
rAIW 611-AIA.Ae
... ... ....
Department, 444 ;�.,% 214 Avenue$ 64 Floor, Miami, Florida 31130", or such
other address as my be designated fr6ra time to time
21. Sebtlon 9� entitled "Adjustment to Monthly Fee and Security" is, horeby deleted In its
vastir etyd
.Except as specifloAlly provided horein. all of the termsmad provisions of the Agreement
shall remain In Oftot.
IN WITNESS WHEPX.OF the parties, hereto have exeout6d this Amendmom -Nq. *1 to the
Agreement on'the day and year first above written.
LICENSE84 Center for Haitian Studios; I=
fly.
President
Attest-,
B -Y:
Signature
me AW Title
City of Mimi, a munfolp4. corporation of the
:Shote of Fla4da
By,
Joe Arridla, City Manager
Attest,.
B
Pris �111a A.�Thon�js�on
City Clok
2
I
1 � i
Ay�yP�yPVyy•ED�yy�AS TOO AND
ColmC A� d CESS
.Byv
i
CITY OF MIAMI, FLONDA
INTER -OFFICE MEMORANDUM
Honorable Mayor ani
canifniss, nerg
erg
Arflota
iWmagar
DAlt ! October 21, 2004 PILE.;
SUR)WT Wofthoot for Agenda Rom
*Novemher 18,2004
MVEMNO-Ve:
ENOLOSUHM
Department Requesting Ago . conotnio.Develop m -ml,
. ends, Item,
1. Subject: ALngeqd_Mentf _C
q,j=&vWqbl, Licenge Aa for
ffgitiart Studies. (the. "Lle L'nsee.
2. Purpose of item"
3. History of ite= ThQLA-Y Qotmissigm ado -oted.lie solufloa 01346 at0—A "d
10,203-.meeting.authoriz3g ity-LAaftager"to exe ute'a. Pn)c -, V_fe.License
--foon
ble _pe
4, Does this item correlate with the CIP plan or Strategic Marr? .If so, how?
5. Does this item have. any effo'ot on residents Within the City of Miami? if so, how?
dice Begs use Of the tjp
,LIjing lotfagilitates,the orovisjoan gifteo Willicalservices.
to theW-mmimim
6. Will this itbi-A impact MY specific Marla? If so, which on6? District 5
7, Does this item have my fiscal impaof? (pleagoprovide dollar aiTwunt)
per marrtial owever..the. genAw.ML,
U ov-1 es clinical services to the cornrrrunity
6=10
Approved by: Director)L/ Chief Vie/ Manager
'*H
-U-4-dwoz 16;11 1 1 Y U-LRKS (J✓ F I CE .105 858 1610 P*� 02
a-03-341
RBS0Lt7TXN 90. 013- 346
A RBSOLUTXON OP THS MXAMX CITY COMMX8ST0140
WIT R ATTACHMSNVS)AUTHORIZING, TRz CITY
MWAUR TO =WT S A R9VOWLE L=WSE
AGREEMENT fWREVWV), -XN SURSTAITIALLY TIM
ATTACHED FORM, WXTRTRB CrWrRR 70-A RhITIA11
STMX.28, C iC, , mamsm, FOR USE, OF
APPROX7MATRLY 7,986 SO'UMV FEET OF THE
CIVY-OWNW PARXING LOT LOCATW AT
105 NORTHSA$T 82"0 -TEVjZA:C,.8, Mj'AMj, FLORIDA,
ON A M0NTX'-T0-M0WT-X nAsU, RITR A MONTHLY r'�8
OV $250, PLUS A VXV9 PZRCVNT
ZNCnA$B
RV81AY TWIEWIS -MONT148 FROM TH'S 9PPBCTXVEDATE
OP THIZ AND ALL OT14VR TERMS AND
CONDIT1098 AS SBT FORTS IN Tib AaRtEMIMTN
WEL-REAS, the C'tY
04
Mi mi ("CU,.Y")
Owns Rild controls the
Parking 20t 10Cated at
le S
Northeatt -8244
Miami, Florida
("iIroPertyflh and
W14098ASO, a portion of thA, PArk4ng lot is ctirrently not ill
use by the city, &gid
WHEP-PIA'S, t'hO CantOr f Haitian studies, Inc.lvj
,build ng is 10cmt'Oki &4J scam to the Propearty at 0'2-6 Northeast
2" AvG4UQ0 M'$ami'. Vloxida.; and
Alk
CITY COMMISSION
moTTU10 or
APR 1 r' 70M,
9,0101'Atto No.
03- 3461
X011 CITY CLC-PXS* QFFV"„� 305 5,58 1610 P103
WHERBAS, Lican000 hag approachthe City to request the u8e
04 a portion of tho parking lot to Provide parkitq 1401ilities for
its visitors and. employees;
NM TXSUFORE, BE IT RESOLVED DY W142 COMMISSION OP THE CITY
OF MXAMX, FLORIDA:
Section 1, The recitals and -findings cbrit,-atx,�d in the
Preaff6le to this ROSOIuti6n ava. &doYted by r�ference and
4noorporazed has if f*UIIY Set forth in thin Section..
Section 2, The City matager is author zeds/ to execute a
Revocable Licenaa Agreement, in the
attached form, with C*etiter for Raitian Studies, Xno, , Licensee,
for use of approximately 7,X66 8quare feet Of the City -owned
Parkin5 10t lr��htOd at 185 North0hat 82"d Terrace, Miami,
Florida, ona month -to -moat h, basis, with a monthly fee cue $2g0,
Plus d eive PerCIGn't (5") iacrea4a OvOrY tw*lve months from the
eerect'vo date of the Agreement and all other terms and
00tditi011s a8 80t forth in the -Agre.omont.
V The heroin authorization it furtijer %jbject to compli8clice wit:b all
requiromento lay ay bO in!Posad the (�
y the Attorney, int4judjhq
but n.trey ot aimitedthoto Y±66cribod.key applicable cisy charter azd
Code pxaviisiQns,
Page 2 of 346
SEP -04-P003 16:11 CITY CFVRKS WNC5 aso 16A P.04
section Thip Resolution shall bf�come effective
im'Mediotely upon its adoption and signatire cue the Mayo ,v
PA, -SED AND ADOPT= this �Joth day of
_Apgj,��, 2 o o 3.
R T� A
ATTEM
P
THOM
A P PR OV-r:,D
W-10'.=TY AT'BORN 5Y
14 the MaYOr do -00 not SiSt thy, m it shall be-c"le
O:Uective at tha etas of, tan c-alandar dgye
pas frOM thO date �t was
a6d and adop�ed, If the Mayoj�6 vot-oe,,g this Ragolution , it . shall
become eg�ertivo immediatGlY �PO%% OVW�ride of the veto by t1je city
Oommitsjion
.
Page � 04 3
alum 0
City of Miami City Hall
3500 Pan American Drive
Miami, FL 33133
' n%rw,nliami gov,cona
Master Report
Resolution R-15.0288
File ID #: 15-00844 Enactment Date: 7/9/15
Version: I Controlling Office of the City Status: Passed
Body, Cleric
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO =CUTE AMENDMENT NO, 2 TO THE REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, Iri7ITE THE CENTER
FOR HAITIAN STUDIES, INTC. ("LICENSEE' ), A NONPROFIT CORPORATION, TO INCREASE THE
SQUARE FOOTAGE THAT THE LICENSEE IS AUTHORIZED TO UTILIZE, NON -EXCLUSIVELY,
FROM 7,986 SQUARE FEET TO 20,630 SQUARE FEET, OF A CITY OF MIAMI M«7NED PARKING LOT
LOCATED AT 185 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "Al," ATTACHED AND INCORPORATED; WITH NO CHANGE TO THE
$1,00 MONTHLY USE FEE,
Reference: introduced: 6/22/15
Name: Auth. Amend, #2 to RLA - Center for Haitian Studies
Requester: District 5 - Cost: Final Action: 7/9/15
Commissioner Keon
Hardemon
Notes:
Sections:
Indexes:
Attachments: 15-00544 Bacic-Up Docuuients,pdf, 15-00844 Legislation.pdf, 15-00844 Exliivit,pdf
Action 19lstory
Ver, Acting Body Date Action Sent To Due Date Returned Result
I Office of the City 6/29/15 Reviewed and
Attorney Approved
1 City Conualission 7/9/15 ADOPTED 1
City of Miami Page 1 Printedon2/12/2016
A motion was made by Keon Hardenion, seconded by Francis Suarez, that this inatter be ADOPTED,.Chair Gort; RE.2,
sponsored by Vice Chairman Hardenaon. ; .. ..
Vice Chair Hardenron: Thank you very much, Mr. Chairman, This is a sianple resolution, This resolution involves a
not-for-profit, Center for Haitian Studies. It's a major health -providing not-for-profit within the district that I -- and it
has some parking that's just behind it, There's a facility behind it that's been used and owned by the City, and what
we're doing is asking for 8'lease so that he can use that parking for his Haitian Studies Center in the district, so I
would move it for acceptance,
Chau Gort; It's been moved by Vice Chairman Hardemon. Is there a second?
Commissioner Suarez: Second,
Chair Goit: Second by Commissioner Suarez, Discussion? Being none, all in favor, state it by saying "aye,"
The Commission (Collectively); Aye. The motion carried by the following vote;
Aye; 4 - «Wifredo (Willy) Croat, Marc David Sarnoff, Francis Suarez and Keon Hardemon
Absent; 1 - Frank Carollo
1 Office of the Mayor 7/16/15 Signed by the Mayor Office of the City
Clerk
I Office of the City Clerk 7/16/15 Signed and Attested by
City Clerk
CityofMiauti Page 2 Printed on 2/12/2016
7"iG. C. a a
�,}w ��1r N y ®f Ma
Mhn M10 ... Certified Copy
File Number: 15-0084.4
__ city Mall _
3500 Pan American Drive
Miami, FL 33133
www,m1am1g0v;cam
Enactment Number: R-15-0288
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO., 2 TO
THE REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE CENTER FOR HAITIAN
STUDIES, INC.. ("LICENSEE"), A NONPROFIT CORPORATION, TO INCREASE
THE SQUARE FOOTAGE THAT THE LICENSEE IS AUTHORIZED TO UTILIZE,
NON -EXCLUSIVELY, FROM 7,986 SQUARE FEETTO 20,630 SQUARE FEET,
OF A CITY OF MIAMI OWNED PARKING LOT LOCATED AT 185 NORTHEAST
82ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A1," ATTACHED AND INCORPORATED; WITH NO CHANGE TO THE
$1,00 MONTHLY USE FEE.
WHEREAS, the City of Miami ("City") owns the property located at 185 Northeast 82 Terrace,
Miami, Florida ("Property"), which is adjacent to property owned by the Center for Haitian Studies, Inc.,
a nonprofit corporation ("Licensee") and
WHEREAS, on April 10, 2003, the City Commission adopted Resolution No. 03-346,
authorizing the City Manager to execute a Revocable License Agreement ("Agreement") with Licensee,
to allow Licensee the nonTexclusive use of a 7,986 square foot. portion of the Property to provide free
parking for its employees and visitors; and
WHEREAS, Licensee operates a medical clinic and provides free clinical services to the public;
and
WHEREAS, Licensee currently desires to utilize the remaining portion of the Property, totaling
a total of 20.,630 square feet for non-exclusive use of the Property as a free parking for its employees
and visitors, as more particularly described in Exhibit "Al," attached and incorporated; and
WHEREAS, currently, neither the City nor any of it departments have any use for the remaining
square footage of the Property;
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 hereby authorized{1} to execute Amendment No. 2 to the
Agreement (".Amendment"), in substantially the attached form, with Licensee, to increase the square
footage of the Property that Licensee is authorized to utilize, non -exclusively, from 7,986 square feet to
20,630 square feet, as described in Exhibit "Al," for the existing monthly use fee of one dollar ($1.00).
Section 3, This Resolution shall become effective immediately upon its adoption and signature
of the Mayor,{2)
City of Miami Page I of 2 X15-0288
File Nuiubm 15-00844 Enactment Number., 8-15.0288
Date: JULY 9, 2016
Mover: VICE CHAIR HARDEMON
Seconder: COMMISSIONER SUAREZ
Vote: AYES: 4 - COMMISSION ER(S) (SORT, SARNOFF, SUAREZ AND HARDEMON
ABSENT: I - COMMISSIONER(S) CAROLLO
Action- ADOPTED
Date: JULY 16, 2016
Action, SIGNED BY THE MAYOR
1, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-15-0288, with
attachments
pass.6d.16y the'City Commission on 7/9/2015,
bW July 20, 2015
Y�B. Hannon, Date Certified
i
C
pIN 0 ,
A
avA YIN:
a 6*'thoii'j�aliob is further subject to compliance with all .requirements that may be
imposedyorney, including but not limited to those prescribed by applicable City
Charter a
(2) If the Mayor does not sign this: Resolution., it shall become effective at the end of ten (110)
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.
Ctly of MOW Page 2 of R-15-0288
AMENDMENT NO, 2 TO THE R,,VOCABLE LICENSE AGREEMENT
BETWEEN THE CITY OF MIAMI AND CENTER FOR HAITIAN STUDIES
This Amendment No, 2 to the Revocable License Agreement (the "Amendxxlent") is made this
Lj� day of but c� °r~� 2015, between the City of Miami (tile "City") a mWiicipal corporation
of the State of Florida and Center For Haitian Studies, Inc,, a Florida not for profit corporation
(the "Licensee"),
WHEREAS, the City of Miami owns and controls the parldr g lot -located at 185 XE, 82"a
Terrace (the "Property"), whichis adjacent to the Licensee's property, and
WHEREAS, the Froperty has a total square footage of 20,630 square feet, of which
Licensee already utilizes an approximate 7,98:6 square footportion; and
WHEREAS, the City is currently not utilizing the remaining square footage of Property;
and
WHEREAS, Licensee has exp ressed,interest in usizlg.the remaining parti.o.n of the parking
lot to continue and, provide additional parking for the employees and visitors. of Licensee; and
WHEREAS, Resolution 03-346, adopted by the City Commission at its April 10, 2003
meeting authorized the City Manager to execute a revocable license agreement with. Licensee for
said purpose at a fee of $250,00- per month which was then reduced to .$1,00 per inonth via
Amendment 1 to the revocable license and commenced as of May 1st, 2004; and
WHEREAS, Licensee ' is a non-profit: charitable organization that operates a center to
provide clinical services free of charge -to, the Haitian community-, and _
WHEREAS, the Agreement is revocable -at -will by the City and without the oonsent of the
Licensee;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in
consideration of other valuable consideration the parties covenant and agree as follows:
I, Section 1 entitled "Purpose" is hereby axnendad to reflect the 'tern. "Area" to be,
Synonymous with the texin "Property,"
2, Sedtion I entitled "Purpose" is amended to reflect the change from Exhibit "A to
Exhibit "AL"
3, Section 1 entitled "Purpose" is hereby miended as follows;
The City is the owner of real property and improvements thereon located at 185
RE, 821111 Terrace, Miaml,Da.de County, Florida (the "Property"). The City has
z
determined the Property, which is depicted in. Exhibit "Al" attached hereto and made a
part hereof, is not needed at this time by any of the City's -offices or departments, The
Licensee shall use the Area to provide parking for its visitors and employees (the.
i
i4Permitted Use"), Licensee is authorized to occupy and use the Area for the Permitted
Use, tuider the conditions hereinafter set forth. .Any use .of.the.Area -not., authorized. u ader
the Permitted Use inust receive the ,prion written consent. of the City Manager, wlikh
conseiit in.ay be withheld or conditioned for any or no reason, including, btA not 1united to
additional financial consideration,
Except as specifically provided herein, all of the tenns and provisions of the Agreenjent
shall remain in effect,
IN WITNESS WHEREOF, the panties hereto have executed this Amendment No, 2 to the
Agreement on the day and year first above written,
.Attest,
By:
�..
y
Sign, tur
Name nd Title 4d ry? a 4 1,9 f15 N'
2
LICENSEE; Center for Haitian Studies, Inc,
Signature
i, rye.
President
City of Miami,a municipal corporatioiz of the
State of Florida
r•
13y,
Daniel J, Al:pso ity Manager
0 City Clerk
APPROVED S .0 FORM AND
COR' RPR CGA, E
Victoria fi - o',9, City Attorney
APPROVED AS TO INSUI
By:
Ann - rio. Sharpe, Risk
Rislatniamnent Dom,
Director.
3