HomeMy WebLinkAboutR-02-0876J-02-700
7/25/02
RESOLUTION NO. 02- 8` 6
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE THEODORE R. AND THELMA A. GIBSON CHARTER
SCHOOL (THE "LICENSEE"), REVOCABLE AT -WILL, FOR
TEMPORARY USE OF APPROXIMATELY 6,120 SQUARE FEET OF THE
COMMUNITY CENTER (THE "AREA") LOCATED AT 3255 PLAZA
STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS "ELIZABETH
VIRRICK PARK" (THE "PROPERTY"), FOR THE PERIOD OF
AUGUST 15, 2002 THROUGH JANUARY 14, 2003, FOR THE
OPERATION OF A CHARTER SCHOOL ON A TEMPORARY BASIS
WHILE A PERMANENT SITE IS CONSTRUCTED; SAID APPROVAL
CONTINGENT UPON LICENSEE'S COMPLIANCE WITH ALL TERMS
AND CONDITIONS TO BE SET FORTH IN THE LICENSE AGREEMENT
AND LICENSEE: (1) PROVIDING EVIDENCE SATISFACTORY TO
THE CITY MANAGER THAT ADEQUATE FUNDS ARE AVAILABLE TO
COMPLETE CONSTRUCTION OF THE NEW CHARTER SCHOOL;
(2) PAYING A MONTHLY FEE IN THE AMOUNT OF $6,120;
(3) PAYING AN INCREASED MONTHLY FEE OF $12,240 IF
PREMISES ARE NOT VACATED BY JANUARY 14, 2003;
(4) PROVIDING SATISFACTORY EVIDENCE TO THE CITY THAT
THE PREMISES WILL BE VACATED UPON EXPIRATION OF THE
TERM; (5) OPERATING THE CHARTER SCHOOL PROGRAM IN
ACCORDANCE WITH THE REQUIREMENTS OF THE DIRECTOR OF
PARKS AND RECREATION; (6) OBTAINING ALL NECESSARY
PERMITS AND LICENSES, INCLUDING, BUT NOT LIMITED TO, A
CLASS I PERMIT AT ITS SOLE COST AND EXPENSE; (7)
INSTALLING ANY IMPROVEMENTS DEEMED NECESSARY BY THE
CITY TO PROTECT THE CITY PROPERTY AT ITS SOLE COST AND
EXPENSE; (8) INDEMNIFYING AND HOLDING THE CITY HARMLESS
WITH RESPECT TO ALL MATTERS ASSOCIATED WITH THE USE OF
THE PROPERTY, THE OPERATION OF ITS PROGRAMS AND THE
STORAGE OF ITS EQUIPMENT; (9) PROVIDING INSURANCE IN
THE AMOUNTS AND TYPES REQUIRED BY THE CITY OF MIAMI
DIVISION OF RISK MANAGEMENT; AND (10) SHALL NOT ASSIGN
SAID AGREEMENT.
CITY COMMSSIC>N
MEETING GF
J U L 2 5 2002
Res'Aution No-
02- 876
WHEREAS, the City of Miami recently completed construction
of a multipurpose building to be used as a Community Center
located at 3255 Plaza Street, Miami, Florida, commonly known as
"Elizabeth Virrick Park"; and
WHEREAS, the Theodore R. and Thelma A. Gibson Charter
School, a not-for-profit organization, has approached the City to
use a portion of the Community Center to house its academic day
programs while its permanent site is being constructed; and
WHEREAS, the City Commission has determined that it is in
the best interest of the City to enter into a Revocable License
Agreement with Licensee for this purpose;
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 authorized" to execute a
Revocable License Agreement (the "Agreement"), in a form
acceptable to the City Attorney, for the operation of a Charter
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.
Page 2 of 4 02- 876
School on a temporary basis while a permanent site is
constructed, said approval contingent upon Licensee's compliance
with all terms and conditions to be set forth in the agreement
and Licensee: (1) providing evidence satisfactory to the City
Manager that adequate funds are available to complete
construction of the new Charter School; (2) paying a monthly fee
in the amount of $6,120; (3) paying an increased monthly fee of
$12,240 if premises are not vacated by January 14, 2003;
(4) providing satisfactory evidence to the City that the premises
will be vacated upon expiration of the term; (5) operating the
Charter School program in accordance with the requirements of the
Director of Parks and Recreation; (6) obtaining all necessary
permits and licenses, including, but not limited to, a Class I
permit at its sole cost and expense; (7) installing any
improvements deemed necessary by the City to protect the City
property at its sole cost and expense; (8) indemnifying and
holding the City harmless with respect to all matters associated
with the use of the Property, the operation of its programs and
the storage of its equipment; (9) providing insurance in the
amounts and types required by the City of Miami Division of Risk
Management; and (10) shall not assign said Agreement.
Page 3 of 4 02" 876
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor .2/
PASSED AND ADOPTED this 25TH
ATTEST:
IT
PRISCILLA A. THOMPSON
CITY CLERK
APPROV81) AS
LIRJATD O VIII
ITY TORNEY
W64'56:LB:ORS:BSS
LLO
AND CORRECTNESS:/
day of JULY 2002.
jMJ&U2EL A. DIAZ, MAYOR
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.
Page 4 of 4 02— 87 G
DISTRICT 2
Rodriguez, Jessica VICE CHAIRMAN WINTON
r�
Subject: FW: Proposed temporary use of Virrick Park Community Center by Theodore R. and Thelma
A. Gibson Charter School
Importance: High
----Original Messy ---
From: Ruder, Albert
Sent Thursday, July 11, 2002 2:23 PM
To: Walker, Jason
Cc: Rollasm, Frank; Vilarello, Alejandro, Billbery, Lori; Bonilla, Elvia M.; Alonso, Elva G.; Ramirez-Seijas, Olga
Subject: Proposed temporary use of Virrick Paris Community Center by Theodore R. and Thelma A. Gibson Charter School
Jason, as we discussed this morning, the following is the what the agenda item (on Commissioner Winton's Blue
Sheet) should say regarding the Charter School:
Consideration of an agreement between the City of Miami and the Theodore R. and Thelma A. Gibson
Charter School, for the temporary use of portions of the Elizabeth Virrick Park Community Center, pending
the completion of its permanent facility located at 3677 Grand Avenue.
02- 876