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HomeMy WebLinkAboutR-01-0487J-01-392 5/23/01 RESOLUTION NO. 01— 487 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COUNCIL OF GARDEN CLUB PRESIDENTS OF DADE COUNTY FLORIDA, INC., A NON-PROFIT CORPORATION (THE "COUNCIL"), CURRENT ASSIGNEE, TO MODIFY THE AGREEMENT BETWEEN THE CITY AND CHARLES TORRY SIMPSON MEMORIAL ASSOCIATION (THE "ASSOCIATION") FOR THE USE OF CITY -OWNED PROPERTY AT SIMPSON PARK, LOCATED AT 55 SOUTHWEST 17TH ROAD, MIAMI, FLORIDA, TO PROVIDE FOR THE: (1) CITY'S ASSUMPTION OF ELECTRICAL COSTS; (2) ESTABLISHMENT OF LIMITATIONS ON RENTALS BY THE COUNCIL; (3) ESTABLISHMENT OF ABILITY FOR THE CITY TO RENT THE BUILDING; (4) PROVISION OF INSURANCE BY THE COUNCIL; AND (5) CANCELLATION OF THE AGREEMENT BY EITHER PARTY BY PROVIDING NOT LESS THAN NINETY DAYS NOTICE, AND AT ALL TERMS AND CONDITIONS AS SET FORTH IN SAID AGREEMENT, AS AMENDED. WHEREAS, on July 17, 1940, the City entered into an Agreement with the Charles Torry Simpson Memorial Association (the "Association") authorizing the Association to construct a building known as the Garden Center on City -owned property at Simpson Park, located at 55 Southwest 17`h Road, Miami, Florida, for use in perpetuity as a club, horticultural library and for FATT-A I�C M q I►1 (IS) ` CON U �wilLf ID 1IIIfII • cm commumn =ZING Or MAY 2 4 2001 T8 7 , .i related purposes, with title to the structure remaining with the City; and WHEREAS, the Council of Garden Club Presidents of Dade County Florida, Inc. (the "Council") assumed the responsibilities and obligations under said Agreement in February 1942; and WHEREAS, on February 19, 1963, the City and the Council entered into a Memorandum Agreement to clarify certain duties and obligations of the parties; and WHEREAS, the City subsequently employed a Park Supervisor to implement interpretive programs of nature study, supervise the installation of trail -side museums and displays, use of the Park by the general public, coordinate with Council programs of a horticultural nature open to the public, and make recommendations, through regular inspections, regarding necessary maintenance requirements; and WHEREAS, the City has made use of the building and made certain improvements, along with the Metropolitan Miami Flower Show, Inc., which has donated certain improvements, with the consent of the City; and WHEREAS, under the terms of the Agreement, the Council has been responsible for all electrical costs necessary for the operation and maintenance of the building; and Page 2 of 4 01- 487 0 C WHEREAS, due to the City's increased use of the building, electrical costs have escalated and the Council can no longer afford the electrical costs; and WHEREAS, the City wishes to modify the Agreement whereby the City assumes responsibility for all electrical costs and has increased ability to rent the building, the Council will have limitations on rental and provide required insurance, and either party will be able to cancel the Agreement with ninety days notice; 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 authorize&& to execute Amendment No. 2 to the Agreement, in substantially the attached form, with the Council, current assignee, to modify the Agreement between the City and Charles Torry Simpson Memorial Association (the "Association") for the use of City -owned property at Simpson Park, located at 55 Southwest 17th Road, Miami, Florida, to provide for the: (1) City's assumption of electrical costs; (2) establishment of limitations on rentals by =� The here'_n 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 provi s i ons . Page 3 of 4 01— 487 MGM., the Council; (3) establishment of ability for the City to rent the building; (4) provision of insurance by the Council; and (5) cancellation of the Agreement by either party by providing not less than ninety days notice, and at all terms and conditions set forth in said Agreement, as amended. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.x' PASSED AND ADOPTED this 24th day of May _, 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Seo. 2-38, since the M"or did net indicate approvel of this legislation by signing it in the designated plc provided, said legisi 'ns 7f becomes effective with the elapse of ten (10) days the of C ATTEST. regarding same, without the Mayor 0r lig WALTER J. FOEMAN CITY CLERK AND CORRECTNESS :% YKEJJ RDRO VILARELLO CITY ATTORNEY 294:db: LB: BSS 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 01- 487 • AMENDMENT NO. 2 AGREEMENT BETWEEN TIIE CITY OF MIAMI AND THE COUNCIL, OF GARDEN CLUB PRESIDENTS OF DADE COUNTY FLORIDA. INC. This Amendment is entered into this __ day of _ 2001, (the "Amendment") by and between the City of Miami, a municipal corporation of the State of Florida (the "City"). and The Council of Garden Club Presidents of Dade County Florida, Inc. a non- profit corporation (the "Council") for the purpose of modifying that certain Agreement between the City and The Charles Torry Simpson Memorial Association (the "Association") as amended, dated July 17, 1940 (the "Agreement") as follows: WHEREAS, the City entered into the Agreement for the purpose of authorizing the Association to construct a building known as the Garden Center (the 'Building") on City owned property commonly known as Simpson Park (the "Park") located at 55 SN' 17'h Road, Miami, Florida, and granted the Association the right to perpetually use the Building as a club, horticultural library and kindred purposes; and WHEREAS, the Council assumed the responsibilities and obligations of the Association under the Agreement in February 1942; and WHEREAS, on February 19, 1963 the City and the Council entered into a Memorandum Agreement to clarify certain duties and obligations of the parties; and WHEREAS, subsequently the City, through Civil Service Procedures, employed a Park supervisor for the Park to implement interpretive programs of nature study, supervise the installation of trail side museums and displays, coordinate with Council programs of a horticultural nature open to the public, supervise the use of the Park by the general public and make recommendations through regular inspections as to necessary maintenance requirements; and WHEREAS, the City has made use of the Building and it has made certain improvements to the Building, along with the Metropolitan Miami Plower Show, Inc. who has also made use of the Building and donated improvements to the Building thereto, with the consent of the City; and ©1- 487 K -9800417(h) WHEREAS, under the terms of the Agreement, the Council is responsible to furnish, at its own expense, all electricity necessary for the operation and maintenance of the Building; and WHEREAS, due to the increased use of the Building by the City and the increase cost of electrical consumption, the Council can no longer afford the cost of the electric hills; NOW 'THEREFORE, in consideration of mutual covenants hereinafter set forth and in consideration of other valuable consideration the parties covenant and agree as follows:' 1. Section (5) of the Agreement is hereby amended to read as follows: That party of the second part shall have the right to rent space in the Building, as shown in Exhibit "A" attached hereto and trade a pant hereof, to affiliate organizations, garden clubs and plant societies for meeting purposes or such other non-profit organizations as approved by the Park 'Manager (the "Council's Itental"), excluding the new addition to be erected by_lhc City that will be designated as the "Visitor's Reception Arca'; it being distinctly understood and agreed that such rental is to be of a mere temporary nature or use from a day to clay and not to include the right to rent the premises for any considerable time so as to defeat the public use of the premises for a garden center. It is further understood and agreed that the Council shall devote all revenues generated from the Council's Rental to support the iusurance expense and any other expense incurred by Council related to Council's meetings within the Building. It is agreed that a City employee will be present at all times during use bye y[opp_using the facility. In the event of a meeting or function after City's normal operating hours, arrangements mUrst be made wilji City to furnish such employee at the cost of the �r ization conducting the meeting or fitnction. Upon the effective date of this Amendment. City staff normal operating hours arc Monday through Friday from 7:00 g.rn to 3:30 p.m. exclusive of holidays. '1'hc City reserves the right to amend City staffs normal operating hours from time to time, at its sole discretion. The Council agrees that it shall cause the Building to be clegngd.immediately after each use by the Council or Council's renter. Cleaning shall include, but not limited to. sweeping and mooninit of all floors, wiVing all counters, tables and chairs. sanitizing restrooms. and restocking supplies. as 0; scary, In the event the City must clean the I' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. 01- 487 IIII61MAII Building due to failure of the Council to do saTne, Council shall reimburse the City the cost of said sgrvices immediately upon receipt of an invoice for same. City likewise agrees that it shall cause the Building to be cleaned immediately after each use by the City or Cry's renter, Cleanings, )?all include, but not limited to, sweeping and monningof all floors, wiping_a11_counters, tables and chairs, sanitizing restroorns•_ and restockintt supplies, as ncccssary. In the event the Council must clean the Building due to failure of the City to do same. City shall reimburse the Council the cost of said services upon receipt of an invuice for same. 2. Section (7) of the Agreement is hereby amended to read as follows: " t iirther under stood and agreed chat the City shall furnish, at its sole cost, electric current necessary for the operation and maintenarrcc q t)tu Building and the Park," 3. A new Section (10) is hereby added as follows: On each September 301h, the Council shall submit to the City Park Manager a schedule of the mcctiniss for the upcoming fiscal year (October 1- September 30). Upon execution of this Amendment all booking rentals shall be coordinated through the City Park Mannger., Council's_ Rentals, although coordinated through the City Park Manager, shall be paid directly to the Council and the Council shall be responsible for collection of same. City !'ark Manager shall deliver a cony of t(ic hoo i i.L t Lo_thg �S�tr�4i by the ltird Monday of each month. The City Park Manager shall provide the Council with -A sr,hedule of ttpcoining events bjthe Chy that are knoWn at the time of the re ort. 4. A new Section (11) is hereby added as follows: The Cit shall have the right to rent the Building and its additionsprovided there is ny conflict with the Council's mceting_,chedttle as kov_idg_in .Scgtion_(l� q_Zhis. Agrge- 3,Fn_t, including the Metropolitan Miami Flower Show annual event. 5. A new Section (13) is hereby added as follows: Council shall provide to the Citv's Dcoartment of Risk Management. with a cony to t Office of Asset Management, current Evidence and Policy of Insurance in theamounts and types as may be reasonably required by the City's Department of Risk Munagerno t•, The policy or policies of insce required shall be so written that the policy or policies max_ngt_be canceled or materially changed without thirty(30Lys advance written 01- 487 notice to the City. Said notice should be delivered to the City of Miami. Division of Risk M�nne�cnt, 444 SW 2 Avenue, 9`s Moor, Miami, Florida 33130, with copy to City of Miami. Office of Asset Managcmgnt, 444 SW 2 Avenue. 3`J Floor, Miami. Florida 33130, or such other address that may be designated from time to time. Anew Evidence and Policy q nu be unplicd at least twenty (20) days prior to the expiration of each such licy. The City shall be named as Additional Insured in theop lice. 6. A now Section (14) Is hereby added: Either partyy cancei_this Agreement. without cause. at any time by Riving nino (90) days written notice to the non-canceling_ party prior to the effective date. of ft. cancellation. 7. A new Section (15 ) Is hereby added: No amendments or mWifications to this Amendment shall be binding on either party unless in writing, signed by both parties and approved by the City Manager. The City Manager is authorized to enter into, amend or Modify this Agreement on bch#lf of the City,,_a.114101. k L R. A new Section (16) Is hereby added "Approval Of Amendment By The Oversight Board": The State of Florida has_anpointedallEmergency Financial Oversight Board (the "Oversight H rd") which is empowered to review and approve all pending City of Miami contracts. As a result, this Amendment shall not be binding on the City until such time as it has been approved by the Oversight Hoard. Attestution of this Amendment by the City Clerk shall constitutevy'ldenl a of approval by the Oversight Board. IN WITNESS WIVPREOF, the parties hereto have executed this Amendment No. 2 to the Agreement on the dale and year first above written. A'11'11ST: City of Miami, a municipal corporation 4 pi- 487 0 of the State of Florida t41t�r 44 -F n, City Clair Ceclor A. Ginuaw, City .Manager rt ": , ,,i�.cA r�4 ' 'E 4tv APPROVED AS TO FORM AND f� CORRECTNESS: ...---•— % 'p . 19 R t ''f y - t`t1111;1 -' 1,_1 its Yx-, fl� .W � +i Alejandra Vilarcllo ' Gity Attorney `,� �" l `� "��`� s �� ��� e an ibstkf a3i� a S I &N a � �"' g��t§ a,w+�b`„�'s,�3y�..�>•jr�rc s u,� sax ngss.`�t a�"Wn�+'k'�s APPROVED AS TO INSURANCE - 'u ,�F P E'•�'�rN'ak�./'�*�G� § � Aj �rt'SS �S {Xt.��fM"y .� .i$'���� . REQUIREMENTS: Mario Soldvvilla, disk Managcmwtt WrrNFSS: THE COUNCIL OF GARDEN CLUB PRESIDENTS OF DADE COUNTY FLORIDA, INC. By. Print Name Title y r m9 atai4 'y , r t `•. 4"ix s+ u;Z„t;r.. z, ,r ?'' ,.., ..i. ..._5.�, k, o n ,'.p a- ,^r '➢: ° , t.-� .. , ,"xi 4w, ., . E fl t,� S 4 .i ^Y � � i .r V € .c � �' r vt 4” x r'' x ♦ �" ,n ti ..: �.:, p ., .. ,; �: `a'r � q w �,tr 3v t ,,,,, i•� <a � � �"9i:�c 4 pdr�,. � r n � 5 pi- 487 • CITY OF MIAMI. FLORIDA •A=16 INTER -OFFICE MEMORANDUM ''0? TO: Honorable Mayor and Members DATE : IJAY 15 FILE: Of the City Commission Resolution Authorizing the Manager to $UBJECT Execute Amend. No. 2 to the Agreement between the City and the Council of Garden Club FROM AityManatgerFO40' REFERENCES. ENCLOSURES: RECOMMENDATION: The Administration recommends that the City Commission adopt the attached Resolution, authorizing the City Manager to execute Amendment No. 2 to the agreement dated July 17, 1940, as amended, (the "Agreement') between the City of Miami and the Council of Garden Club Presidents of Dade County Florida, Inc. (the "Council"), located in Simpson Park, 55 SW 17a' Road, Miami, Florida, to provide for: 1) City assumption of electric costs due to increased use of building by the City; 2) establishment of limitations on rentals by Council; 3) establishment of ability for the City to rent the building; 4) provision of insurance by the Council; and 5) cancellation of the Agreement by either party by providing not less than 90 days notice. On July 17, 1940 the City of Miami entered into an agreement (the "Agreement") with the Charles Torry Simpson Memorial Association (the "Association"). This agreement authorized the Association to construct a building structure (the "Building"), known as the Garden Center, on City -owned property located in Simpson Park, to be used by the Association, in perpetuity, as a club, horticultural library and kindred purposes, with title to the Building remaining with the City. In February, 1942 the Council of Garden Club Presidents of Dade County Florida, Inc. assumed the responsibilities and obligations under the Agreement, as amended. The Council has been an integral part of providing educational programs regarding horticulture and environment to the community at large. They have depended on the revenue derived from the rental of the Garden Center to maintain the building and pay the electric bills associated with the Garden Center. During the course of the 61 years since they entered into the original agreement with the City, the rental of the facility has diminished greatly due to many factors. 01- 487 IZlI Honorable Mayor and Members Of the City Commission Page 2 In the earlier days, the population of Miami -Dade County was concentrated in Miami and Simpson Park was an ideal location for horticulture organizations and plant societies to use the Garden Center for meeting purposes. Today, because the population has expanded into the sub- urban areas of Miami -Dade County, these organizations meet mostly at Fairchild Gardens. This of course has had a devastating affect on the Council's ability to generate enough income to properly maintain the Garden Center. Additionally, the City has increased its use of the Garden Center which has resulted in an increased cost of electrical consumption that the Council can no longer afford to pay. The increased use of the facility and electricity by the City has been due to the following: • City of Miami Departmental Workshops • Special Programs for the disabled community • Environmental Programs for students attending countywide schools. The Parks and Recreation Department sponsors this program. • Environmental Camp • Increased use of the facility by community based organuzations, such as, the Miami Roads Homeowners Association, the South Miami Homeowners Association, the Citizens on Patrol, the City of Miami Committee on Beautification and Environment, and other like organizations. • Volunteer Work Programs, such as, Hands on Miami, Girls Scouts, Boy Scouts, and other like organizations. Additionally, the City's expansion of the Garden Center to facilitate more programs, the continued development of Simpson Park into an Environmental Education Center and other varied uses of the facility will continue to increase the use of electricity. In recognition of the public benefit offered to the community by the Council, the parties have negotiated an Amendment to the Agreement. Highlights of the Amendment are as follows: I ) Electric service - The City at its sole cost shall furnish electric current necessary for the operation and maintenance of the Building and the Park. 21 Use of the Garden Center - The Council will continue its right of use of the garden writer and the rental operation to its affiliates to generate income to support the insurance expense and any other expense carried on for the operation of the Council's meetings within the Building. The Council shall submit to the City Park Manager a schedule of meetings for the upcoming fiscal year. The City shall have the right to rent the Building provided there is no conflict with the Council's meeting schedule. All booking rentals shall be coordinated through the City Park Manager. 01- 487 ,rt,�►�T • Honorable Mayor and Members Of the City Commission Page 3 3) Access to facility — The rental of the building by the Council and its affiliates is subject to having a City representative present at the site. The Council and its affiliates are responsible for the cleanup of the premises upon conclusion of their meetings or activities. Likewise, the City is also responsible for the cleanup of the premises upon conclusion of any meeting or activities it schedules. 4) The Council shall be required to provide insurance in the form and amounts required by the City's Department of Risk Management. 5) Either party may cancel the Agreement by giving the non -canceling party not less than 90 days advance notice. The new provision that will allow the City to rent the Garden Center should more than offset the cost of providing electric to the building. At the present time, the average yearly expense for electricity for the Garden Center is approximately $2,500. Already, the Garden Center has been in demand by community residents and local corporations. Sadly, they have had to seek other accommodations due to the limitations provided in the original Agreement regarding the rental of the Garden Center. Promotion of the availability of the Garden Center for permitted use such as, baby showers, family reunions, bridal showers, workshops, retreats and other low key functions will begin upon execution of the amendment. kAIL CA(3I 84 eb:Resot'.over Mann Amd 2 m, 01- 487