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HomeMy WebLinkAboutR-19-0379City of Miami City Hall 3500 Pan American Drive ¢ Legislation Miami, FL 33133 www.miamigov.com Resolution: R-19-0379 File Number: 6406 Final Action Date: 10/10/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE MIAMI BRIDGE REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI BRIDGE YOUTH AND FAMILY SERVICES, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN ORDER TO DEFER THE MONTHLY USE FEE INTO A CAPITAL RESERVE FUND FOR THE PURPOSE OF UPKEEP AND MAINTENANCE OF THE CITY -OWNED PROPERTY LOCATED AT 2916 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, AND THE STATE-OWNED LANDS LOCATED AT 2810 NORTHWEST SOUTH RIVER DRIVE AND 2910 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA. WHEREAS, the City of Miami ("City") and Miami Bridge Youth Family Services, a Florida not for profit corporation ("Licensee"), entered into a Revocable License Agreement ("Agreement") for use of the City -owned property located at 2916 Northwest South River Drive, Miami, Florida, and the state-owned lands located at 2810 Northwest South River Drive and 2910 Northwest South River Drive, Miami, Florida (collectively, "Property"); and WHEREAS, the Licensee's primary mission acts as a 24-hour/7-day a week emergency youth shelter for minor children ages ten (10) to seventeen (17), who are in crisis, removed from their homes or on the streets, ungovernable, truants, chronic runaways, awaiting court disposition and/or long-term placement and additionally provide non-residential family crisis intervention counseling; and WHEREAS, the initial term of the Agreement commenced on October 7, 2010 and was for seven (7) years, with the option to renew for two (2) additional five (5) year terms at the City's discretion, for a maximum period of seventeen (17) years, or until the first of the following to occur: a) cancellation pursuant to Section 23 of the Agreement; or b) automatic termination with cause, subject to the notice provisions of Section 24 of the Agreement; or c) automatic termination, subject to the notice provisions of Section 24 of the Agreement should Licensee not maintain an active status as a 501(c)(3) not for profit corporation; and WHEREAS, the City and Licensee wish to remove any and all fixed terms, therefore making the Agreement term, month to month; and WHEREAS, the use fee of this Agreement is five hundred fifty-one dollars and twenty- five cents ($551.25) per month; and WHEREAS, the City and Licensee desire to amend the monthly use fee from five hundred fifty-one dollars and twenty-five cents ($551.25) to one hundred dollars and zero cents ($100.00), due annually each and every June 1 st in order to fund capital improvements of the Property; and City of Miami Page 1 of 2 File ID: 6406 (Revision:) Printed On: 10/16/2019 File ID: 6406 Enactment Number: R-19-0379 WHEREAS, Licensee will establish a Capital Reserve Account ("Reserve Account") to fund future capital improvements to the Property; and WHEREAS, the Licensee will submit a quarterly report ("Report") with certain details regarding capital expenditures; and WHEREAS, the Licensee will track capital improvements and submit a Report each quarter to the Department of Real Estate and Asset Management which states the following: capital expenditures, proof of invoices and payments regarding all capital expenditures used for capital improvements during each quarter, Reserve Account balance, which must reconcile with stated capital expenditures for each quarter directly from the bank in which the Reserve Account is located, and said expenditures will net zero and balance against current Reserve Account balance as submitted each quarter; and WHEREAS, the Reserve Account shall be used for the sole purpose of maintaining and upgrading the Property as needed; 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' execute Amendment No.1 to the Agreement, in substantially the attached form, between the City and Licensee in order to defer the Monthly Use Fee into a Capital Reserve Account for the purpose of upkeep and maintenance of Property. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 41i 4alndez, City Alt t0riey 9/30/2019 ' 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 City 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. City of Miami Page 2 of 2 File ID: 6406 (Revision:) Printed on: 10/16/2019