HomeMy WebLinkAboutR-01-1216J--01-986
11/2/01
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RESOLUTION NO. W
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A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH TOM WORRING TENNIS SCHOOL
("LICENSEE") FOR THE USE OF TWO TENNIS COURTS
AT DOUGLAS PARK, LOCATED AT 2755 SOUTHWEST
37TH AVENUE, MIAMI, FLORIDA, WITH LICENSEE
PAYING A FEE OF $5.00 PER HOUR PER COURT TO
THE CITY OF MIAMI, PLUS FLORIDA STATE USE
TAX, IF APPLICABLE, WITH ALL TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN
THE AGREEMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorizedl� to execute a
Revocable License Agreement ("Agreement"), in substantially the
attached form, with Tom Worring Tennis School ("Licensee") for
the use of two tennis courts at Douglas Park, located at 2755
Southwest 37th Avenue, Miami, Florida, with Licensee paying a fee
of $5.00 per hour per court to the City of Miami, plus Florida
ii 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.
A����'y
C 0 "A T
czTy COMMSSION
MEETING OF
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State use tax, if applicable, with all terms and conditions as
more particularly set forth in the Agreement.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.?
PASSED AND ADOPTED this 15th day of
November , 2001.
JOE CAROLLO, MAYOR
I; EC;C.7?C�"1.rlrCs +.N4�i� hili rnj ?:. "� rF?C,. •� . u. `;' ;€? tll:? 1`�I`�U7 tIIC� rlCit �r1C�C�ktE�P,y„1":l of
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regarding *ame, without the Niayui
ATTEST:
.waltor ocivian, City Clork
WALTER J. EOEMAN
CITY CLERK
APPROV AS'/TO �Q M AND CORRECTNESS:)D
�Al` VrLARELLO
Y ATTORNEY
W5804:LB
zi 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 2 of 2
22 -Oct -01
L�
REVOCABLE LICENSE AGREEMENT
ISSUED BY THE
CITY OF MIAMI
TO
TOM WORRING
FOR THE OCCUPANCY OF PROPERTY IN
MIAMI, FLORIDA
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TABLE OF CONTENTS
1.
Purpose.
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2.
Occupancy And Use Period.
2
3.
Interest Conferred By This Agreement,
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4.
Use Fee.
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5.
Late Fee.
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6.
Returned Check Fee.
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7.
Security Deposit.
4
8.
Increase Of Security,
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9.
Adjustment To Monthly Fee And Security.
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10.
Rules and Regulations
5
11.
Condition Of The Area.
5
12.
Alterations, Additions or Replacements
5
13,
Violations, Liens And Security Interests.
6
14.
City Access To Facility,
6
15.
Indemnification And Hold Harmless.
7
16.
Hazardous Materials
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17.
Insurance.
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18.
No Liability.
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19.
Taxes and Fees.
10
20,
Cancellation By Request Of Either Of The Parties Without Cause.
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21.
Termination By City Manager For Cause.
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22,
Notices.
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23.
Advertising.
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24.
Ownership Of Improvements.
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25.
Surrender Of Area.
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26.
Sever ability.
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27.
No Assignment Or Transfer.
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28.
Nondiscrimination.
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29. Affirmative Action.
30. Minority/Women Business Utilization.
31. Waiver of Jury Trial.
32. Waiver.
33. Amendments And Modifications.
34. Court Costs And Attorney(s)' Fees.
35. Compliance With All Laws Applicable.
36. Entire Agreement.
Exhibit A "The Park"
Exhibit B "The Area"
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REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement (the "Agreement") is made this w day of
2001, between the City of Miami (the "City") a municipal corporation of the State of Florida and
Tom Worring, an individual who resides in the State of Florida (the "Licensee").
WHEREAS, Licensee is the owner and operator of the Tom Worring's tennis school; and
WHEREAS, Licensee has requested to use two of the three tennis courts on a
nonexclusive basis at Douglas Park to provide tennis lessons to the general public; and
WHEREAS, the Tom Worring's tennis school plans as part of its program to offer free
tennis lessons to 20 under privileged children each week; and
WHEREAS, in order to carry out the intent as expressed herein and in consideration of
the mutual agreements subsequently contained, City and Licensee agree as follows:
1. Purpose.
The City owns certain lands and improvements which are located at 2755 SW 37 Avenue,
Miami, Florida, a/k/a Douglas Park (the "Park"), as more particularly described in Exhibit "A"
attached hereto and made a part hereof, that may be utilized for suitable community recreational
activities. The City has determined that two of the three tennis courts (the "Area") which is
depicted in Exhibit "B" attached hereto and made a part hereof, is available for use by Licensee
and therefore authorizes the Licensee to occupy and use the area for the permitted use, as
hereinafter defined, under the conditions hereinafter set forth. The use of the Park is strictly
limited to the rental of two (2) tennis courts for tennis lessons during the normal operating hours
of the Park, as may be amended from time to time at the sole discretion of the Director of the
Parks and Recreation Department (the "Director"), and is not to be used for any other purpose
whatsoever (the "Permitted Use"). Any use of the Park not authorized under "Permitted Use"
must receive the prior written consent of the City Manager, which consent may be withheld for
any or no reason, including, but not limited to additional financial consideration.
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2. Occupancy And Use Period.
This Agreement shall commence as of the date upon which the City Manager executes
this Agreement (the "Effective Date"), and shall continue on a month-to-month basis ("Use
Period") until the first to occur of the following:
(a) Cancellation or termination by the express written agreement of the parties hereto; or
(b) Cancellation or termination by request of any of the parties hereto, subject to the
notice provisions of "Cancellation By Request Of Either Of The Parties Without Cause"
and "Termination By City Manager For Cause."
3. 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 and 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 mere personal privilege to do certain
acts of a temporary character and to otherwise use the Area subject to the terms of this
Agreement. No leaschold interest in the Area is conferred upon Licensee under the provisions
hereof 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 of the Area hereunder. Additionally,
Licensee does not and shall not claim at any time any interest or estate of any kind or extent
whatsoever in the Area by virtue of any expenditure of funds by the Licensee for improvements,
construction, repairs, partitions or alterations to the Area which may be authorized by the City.
4. Use Fee.
In consideration of this Agreement Licensee agrees to pay a use fee to the City of FIVE
DOLLARS $_j.00 per hour per court used, plus State Use Tax if applicable (the "Use Fee"). On
the first day of each month, Licensee shall submit to the Director, for his prior approval, a
monthly schedule for court use for the following month. The Parks and Recreation Department
will invoice Licensee the total amount due based upon Licensee's use (the "Monthly Fee") which
shall be as shown in the schedule or, as amended by an amended schedule submitted on the last
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day of the month. Licensee shall pay such invoice within ten (10) days of receipt. Payments
shall be made payable to "City of Miami" and shall be mailed to Finance Department, 444 S.W.
2" `t Avenue, 6"' Floor, Miami, Florida 33130, or such other address as may be designated from
time to time.
As additional consideration Licensee agrees to offer one hour of FREE instruction per
week for twenty (20) children. The Parks and Recreation Department shall be responsible for
identifying the children that will receive this free instruction. No hourly fee for use of the court
will be due for this hour.
5. Late Fee.
In the event City does not receive any installment of the Monthly 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 ten
percent (10%) of the Monthly Fee. Such late fee shall constitute additional fees due and payable
to City by Licensee upon the date of payment of the delinquent payment referenced above.
Acceptance of such late charge by City shall, in no event, constitute a waiver of Licensee's
violations with respect to such overdue amount nor prevent City from the pursuit of any remedy
to which City may otherwise be entitled.
6. 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 schedule:
Returned Amount Returned Check Fee
$00.01 - 50.00
$20.00
$50.01 - 300.00
$30.00
$300.01 - 800.00
$40.00
OVER $800
5% of the returned amount.
The Returned Check Fee shall constitute additional fees due and payable, to City by Licensee,
upon the date of payment of the delinquent payment referenced above. Acceptance of Returned
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Check Fee by City shall, in no event, constitute a waiver of Licensee's violations with respect to
such overdue amount nor prevent City from the pursuit of any remedy to which City may
otherwise be entitled.
7. Security Deposit.
Simultaneously with the execution of this Agreement, the Licensee shall deposit with
City the sum of FIVE HUNDRED dollars ($500.00) (the "Security") as guarantee for the full and
faithful performance by Licensee of all obligations of Licensee under this Agreement or in
connection with this Agreement. If Licensee is in violation (as provided in "Termination By City
Manaszer For Cause") beyond any applicable notice or cure period, 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 money which
Licensee was obligated to pay but did not pay, (ii) any sum expended by City on Licensee's
behalf in accordance with the provisions of this Agreement, or (iii) any sum which City may
expend or be required to expend as a result of Licensee's violation. The use, application or
retention of the Security or any portion thereof by City shall not prevent City from exercising any
other right or remedy provided for under this Agreement or at law and shall not iiinit any
recovery to which City may be entitled otherwise. At any time or times when City has made any
such application of all or any part of the Security Deposit, the Licensee 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 returned to Licensee upon the termination of this Agreement or upon
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 thereof) to the Licensee, City shall be completely relieved of liability with respect to the
Security. Licensee shall not be entitled to receive any interest on the Security.
8. Increase Of Security.
If Licensee is in violation under this Agreement more than two (2) times within any
twelve (12) month period, irrespectively of whether or not such default is cured, then, without
limiting City's other rights and remedies provided for in this Agreement or at law or equity, the
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Security shall automatically be increased by three (3) times the Security then in place. Licensee
shall pay this increase to City forthwith on demand.
9. Adjustment To Use Fee.
Commencing twelve months from the Effective Date, or on the first day of the following
month if the Effective Date is not on the first of the month, and every twelve months thereafter
(the "Anniversary Date(s)"), Licensee agrees that the Use Fee shall be increased by five percent
(5%) of the Use Fee in effect for the immediately preceding Agreement Year. Nothing in this
paragraph shall be construed to grant Licensee the right to use the Area or maintain the Properties
for a term greater than on a month-to-month basis.
10. Rules And Regulations
The Licensee agrees to comply with all the rules and regulations that may be promulgated
by the Director for the use and operation of the Area, as the same may be amended as necessary
in the Director's sole discretion.
11. Condition Of The Area.
Licensee accepts the Area "as is", in its present condition and state of repair and without
any representation by or on behalf of City, and agrees that City shall, under no circumstances, be
liable for any latent, patent or other defects in the Area. Licensee, at its sole cost shall maintain
the Area in an attractive, clean, safe and sanitary condition and shall suffer no waste or injury
thereto. Licensee shall be responsible for all cleanup and repairs to the Area required or caused
by Licensee's use of part thereof.
Licensee agrees to make all changes necessary to the Area at Licensee's sole cost and
expense in order to comply with all City, County and State code requirements for Licensee's
occupancy thereof.
12. Alterations, Additions or Replacements.
Except in the event of an emergency, Licensee shall not 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 Director's approval, which approval may be
conditioned or withheld for any or no reason whatsoever. The Licensee shall submit to the City
proof of funding and/or its financing plans along with the plans and specifications. The Licensee
shall be solely responsible for applying and acquiring all necessary permits, including but not
limited to, building permits. The Licensee shall be responsible for any and all costs associated
with any alterations including, but not limited to, design construction, installation and permitting
costs. All alterations to the Area, whether or not by or at the expense of the 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.
In,the event of an emergency, Licensee may reasonably proceed to perform such repair work and
shall immediately notify City of such work.
All alterations must be in compliance with all statutes, laws, ordinances and regulations
of the State of Florida, Miami -Dade County, 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.
13. Violations, Liens And Security Interests.
Licensee, at its expense and with due diligence and dispatch, shall secure the cancellation
or discharge of or bond off same in the manner permitted by law, all notices of violations arising
from or otherwise in connection with Licensee's improvements or operations in the Area which
shall be issued by any public authority having or asserting jurisdiction. Licensee shall promptly
pay its contractors and materials men for all work and labor done at Licensee's request. Should
any such lien be asserted or filed, regardless of the validity of said liens or claims, Licensee shall
bond against or discharge the same within fifteen (15) calendar days of Licensee's receipt of
notice of the filing of said encumbrance. In the event Licensee fails to remove or bond against
said lien by paying the full amount claimed, Licensee shall pay the City upon demand any
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amount paid out by City, including City's costs, expenses and reasonable attorneys' fees.
Licensee further agrees to hold City harmless from and to indemnify the City against any and all
claims, demands and expenses, including reasonable attorney's fees, by reason of any claims of
any contractor, subcontractor, materials man, laborer or any other third person with whom
Licensee has contracted or otherwise is found liable for, in respect to the Area. Nothing
contained in this Agreement shall be deemed, construed or interpreted to imply any consent or
agreement on the part of City to subject the City's interest or estate to any liability under any
mechanic's or other lien asserted by any contractor, subcontractor, materials man or supplier
thereof against any part of the Area or any of the improvements thereon and each such contract
shall provide that the contractor must insert a statement in any subcontract or purchase order that
the contractor's contract so provides for waiver of lien and that the subcontractor, material man
and supplier agree to be bound by such provision.
14. City Access To Facility.
City and its authorized representative(s) shall have at all times 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 hereunder which Licensee has failed to perforin after written
notice thereof to Licensee, Licensee not having cured such matter within ten (10) days of such
notice, (c) to assure Licensee's compliance with the terms and provisions of this Agreement and
all applicable laws, ordinances, rules and regulations, (d) to show the Area, to prospective
tenants, and (e) for other purposes as may be deemed necessary by the City Manager in the
furtherance of the City's corporate purpose; provided, however, that City shall make a diligent
effort to provide at least 24 -hours advance notice and Licensee shall have the right to have one or
more of its representatives or employees present 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 City any liability of any kind
whatsoever nor relieve the Licensee of any responsibility, obligations or liability assumed under
this Agreement.
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15. Indemnifications And Hold Harmless.
The Licensee shall indemnify, hold harmless and defend the City and from and against
any and all claims, suits, actions, damages or causes of action of whatever nature arising during
the period of this Agreement, for any personal injury, loss of life or damage to property sustained
in or on the Area, by reason of or as a result of Licensee's use or operations thereon, and from
and against any orders, judgments or decrees which may be entered thereon, and from and
against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any
such claims and the investigation thereof; even if the claims, costs, liabilities, suits, actions,
damages or causes of action arise from the negligence or alleged negligence of the City,
including any of its employees, agents, or officials.
16. Hazardous Materials
The Licensee shall, at its sole cost and expense, at all times and in all respects comply
with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies,
orders and administrative action and orders ("Hazardous Materials Laws"), including, without
limitation, any Hazardous Material Laws relating to industrial hygiene, environmental protection
or the use, storage, disposal or transportation of any flammable explosives, toxic substances or
other hazardous, contaminated or polluting materials, substances or wastes, including, without
limitation, any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic
Substances, under any such laws, ordinances or regulations (collectively "Hazardous Materials").
The Licensee shall, at its sole cost and expense, procure, maintain in effect and comply with all
conditions of any and all permits, licenses and other governmental and regulatory approvals
relating to the presence of Hazardous Materials within, on, under or about the Area required for
the Licensee's use of any Hazardous Materials in or about the Area in conformity with all
applicable Hazardous Materials Laws and prudent industry practices regarding management of
such Hazardous Materials. Upon termination or expiration of this Agreement, the Licensee shall,
at its sole cost and expense, cause all Hazardous Materials, including their storage devices,
placed in or about the Area by the Licensee or at the Licensee's direction, to be removed from the
Area and transported for use, storage or disposal in accordance and compliance with all
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applicable Hazardous Materials Laws. The requirements of this Section of the Agreement shall
survive the expiration or termination of this Agreement.
17. Insurance.
Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times
throughout the period of this Agreement, the following insurance coverage:
A. Commercial General liability insurance on a Comprehensive General liability
coverage form, or its equivalent, including premises, 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 damage. The City shall be named as Additional Insured on the policy
or policies of insurance and the Area shall be added as a scheduled premise to the policy or
polices.
B. Automobile liability insurance covering all owned, non -owned and hired vehicles
used in conjunction with operations covered by this agreement. The policy or policies of
insurance shall contain a combined single limit of at least $500,000 for bodily injury and
property damage. The requirements of this provision will be waived upon submission of a
written statement from Licensee that no automobiles are used to conduct business.
C. Worker's Compensation in the form and amounts required by State law.
D. The City of Miami, Department of Risk 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
notice to the City. Said notice should be delivered to the City of Miami, Department of Risk
Management, 444 SW 2 Avenue, 9`" Floor, Miami, Florida 33130, with copy to City of Miami,
Office of Asset Management, 444 SW 2 Avenue, 3`d Floor, Miami, Florida 33130, or such other
address that may be designated from time to time.
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F. A current Evidence and Policy of Insurance evidencing the aforesaid required
insurance coverage shall be supplied to the Office of Asset Management at the commencement of
the term of this Agreement and a new Evidence and Policy shall be supplied at least twenty (20)
days prior to the expiration of each 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
management, and no less than class 'T" as to financial strength, in accordance with the latest
edition of Best's Key Rating Guide, or the company holds a valid Florida 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 insurance by the City or by any of its
representatives, which indicates less coverage than required, does not constitute a waiver of the
Licensee's 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 be obligated to, procure and place same, in which event the amount of the premium paid
shall be paid by Licensee to the City as an additional fee upon demand and shall in each instance
be collectible on the first day of the month or any subsequent month following the date of
payment by the City. Licensee's failure to procure insurance shall in no way release Licensee
from its obligations and 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, fixtures and/or equipment belonging to or 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, including, without limitation, fire, flood, steam,
electricity, gas, water, rain, vandalism or theft which may leak or flow from or into any part of
the Area, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers,
wires, appliances, plumbing, air conditioning or lighting fixtures of the 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 whomsoever whether such damage or injury results from conditions arising upon
the Area or from other sources. Licensee indemnifies the City its officers, agents and
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employees from and against any and all such claims even if the claims, costs, liabilities, suits,
actions, damages or causes of action arise from the negligence or alleged negligence of the City,
including any of its employees, agents, or officials.
Licensee further acknowledges that as lawful consideration for being granted the right to
utilize and occupy the Area, Licensee, on behalf of himself, his agents, invitees and employees,
does hereby release from any legal liability the City, its officers, agents and employees, from
any and all claims for injury, death or property damage resulting from Licensee's use of the
Area.
19. Taxes and Fees.
Licensee shall pay before any fine, penalty, interest or costs is added for nonpayment, any
and all charges, fees, taxes or assessments levied against the Area, or against any occupancy
interest or personal property of any kind, owned by or placed in, upon or about the Area by
Licensee, including, but not limited to, ad valorem taxes, fire fees, and parking surcharges. In the
event Licensee appeals a tax or fee, Licensee shall immediately notify City of its intention to
appeal said tax or fee and shall furnish and keep in effect a surety bond of a responsible and
substantial surety company reasonably acceptable to City or other security reasonably satisfactory
to City in an amount sufficient to pay one hundred percent of the contested tax with all interest
on it and costs and expenses, including reasonable attorneys' fees, to be incurred in connection
with it.
20. Cancellation By Request Of Either Of The Parties Without Cause.
Either party may cancel this Agreement at any time with thirty (30) days written notice to
the non -canceling party prior to the effective date of the cancellation (the "Notice Period").
21. Termination By City Manager For Cause.
If, at the sole and complete discretion of the City, Licensee in any manner violates the
restrictions and conditions of this Agreement, then, and in the event, after ten (10) days written
notice given to Licensee by the City Manager within which to cease such violation or correct
such deficiencies, and upon failure of Licensee to do so after such written notice within said ten
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(10) day period, this Agreement shall be automatically canceled without the need for further
action by the City.
22. Notices.
All notices or other communications which may be given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered by personal service or by
certified mail 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 after being posted or the date of actual
receipt, whichever is earlier:
CITY OF MIAMI
City of Miami
Office of the City Manager
444 SW 2 Avenue, 10`h Floor
Miami, FL 33130
WITH A COPY TO
City of Miami
Office of Asset Management
444 SW 2 Avenue, Suite 325
Miami, FL 33130
23. Advertising.
LICENSEE
Mr. Tom Worring
2138 SW 22 Terrace
Miami, Florida 33145
Licensee shall not permit any signs or advertising matter to be placed either in the interior
or upon the exterior of the Area without having first obtained the approval of the Director or his
designee, which approval may be withheld for any or no reason, at his sole discretion. Licensee
shall, at its sole cost and expense, install, provide, maintain such sign, decoration, advertising
matter or other things as may be permitted hereunder in good condition and repair at all times.
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
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Area. If any part of the Area is in any way damaged by the removal of such items, said damage
shall be repaired by Licensee at its sole cost and expense. Should Licensee fail to repair any
damage caused to the Area within ten (10) days after receipt of written notice from City directing
the required repairs, City shall cause the Area to be repaired at the sole cost and expense of
Licensee. Licensee shall pay City the full cost of such repairs within five (5) days of receipt of
an invoice indicating the cost of such required repairs.
Licensee hereby understands and agrees that the City may, at its sole discretion, erect or
place upon the Area an appropriate sign indicating City's having issued this Agreement.
24. Ownership Of Improvements.
As of the Effective Date and throughout the Use Period, the Area and all buildings and
improvements thereon shall be vested in City. Furthermore, 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 of the City and shall
remain and be surrendered with the Area.
25. Surrender Of Area.
In either event of cancellation pursuant to "Cancellation BY -Request Of Either Of The
Parties Without Cause" or "Termination By City Manager For Cause", at the expiration of the
Notice Period, Licensee shall peacefully surrender the Area broom clean and in good condition
and repair together with all alterations, fixtures, installation, additions and improvements which
may have been made in or attached on or to the Area. Upon surrender, Licensee shall promptly
remove all its personal property, trade fixtures and equipment and Licensee shall repair any
damage to the Area caused thereby, Should Licensee fail to repair any damage caused to the
Area within ten (10) days after receipt of written notice from City directing the required repairs,
City shall cause 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 ten (10) days of receipt of an invoice indicating
the cost of such required repairs. At the City's option, City may require Licensee, at Licensee's
sole cost and expense, to restore the Area to a condition acceptable to the City.
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In the event Licensee fails to remove its personal property, equipment and fixtures from
the Area within the time limit set by the notice, said property shall be deemed abandoned and
thereupon shall become the sole personal property of the City. The City, at its sole discretion and
without liability, may remove and/or dispose of same as City sees fit, all at Licensee's sole cost
and expense.
26. Severability
Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unlawful under the laws of the State of Florida or the City, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the extent necessary in order to conform
with such laws, and the same may be deemed sever able by the City, and in such event, the
remaining terms and conditions of this Agreement shall remain unmodified and in full force and
effect.
27. No Assignment Or Transfer.
Licensee cannot assign or transfer its privilege of occupancy and use granted unto it by
this Agreement.
28. Nondiscrimination.
Licensee shall not discriminate as to race, color, religion, sex, national origin, age,
disability or marital status in connection with its occupancy and use of the Area and
improvements thereon.
29. Affirmative Action.
Licensee shall have in place an Affirmative Action/Equal Employment Opportunity
Policy and shall institute a plan for its achievement which will require that action be taken to
provide equal opportunity in hiring and promoting for women, minorities, the disabled and
veterans. Such plan will include a set of positive measures which will be taken to insure
nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu
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of such a policy/plan, Licensee shall submit a Statement of Assurance indicating that their
operation is in compliance with all relevant Civil Rights laws and regulations.
30. Minority/Women Business Utilization.
Licensee shall make every good faith effort to purchase/contract fifty-one percent (51 %)
of its annual goods and services requirements from Hispanic, Black and Women
businesses/professionals registered/certified 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 provide
updates.
31. Waiver Of ,fury Trial.
The parties hereby knowingly, irrevocable, 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 Agreement, or any other agreement executed by and between the parties
in connection with this Agreement, or any course of conduct, course of dealing, statements
(whether verbal or written) or actions of any party hereto. This waiver of jury trial provision is a
material inducement for the City and Licensee entering into the subject transaction.
32. Waiver.
No failure on the part of the City to enforce or insist upon performance of any of the
terms of this Agreement, nor any waiver of any right hereunder by the City, unless in writing,
shall be construed as a waiver of any other term or as a waiver of any future right to enforce or
insist upon the performance of the same term.
33. Amendments And Modifications.
No amendments or modifications to this Agreement 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 amend or modify this Agreement as needed.
• •
34. Court Costs And Attorney(s)' Fees.
In the event it becomes necessary for the City to institute legal proceedings to enforce or
interpret the provisions of this Agreement, Licensee shall pay the City's court costs and
attorney's fees through all trial and appellate levels. Licensee acknowledges that Florida law
provides for mutuality of attorney's fees as a remedy in contract cases and specifically and
irrevocable waives its right to collect attorney's fees from the City under applicable laws,
including specifically, but not limited to Section 57.105, Florida Statutes. It is the express intent
of the Parties hereto that in no event will the City be required to pay Licensee's attorney's fees
and court costs for any action arising out of this Agreement. In the event that Licensee's waiver
under this section is found to be invalid then Licensee agrees that the City's liability for
Licensee's attorney's fees and court costs shall not exceed the sum of $100,00. In the event that
the waiver and limitations contained herein are found to be invalid, or are otherwise not upheld,
then the provisions of this Section shall become null and void and each party shall be responsible
for its own attorney's fees and costs.
35. Compliance With All Laws Applicable.
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
condition of this Agreement, and Licensee shall comply therewith as the same presently exist and
as they may be amended hereafter. This Agreement shall be construed and enforced according to
the laws of the State of Florida.
36. Entire Agreement.
This instrument and its attachments constitute the sole and only agreement of the parties
hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date.
Any prior agreements, promises, negotiations or representations not expressly set forth in this
Agreement are of no force or effect.
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This Agreement is the result of negotiations between the parties and has been
typed/printed by one party for the convenience of both parties, and the parties covenant that this
Agreement shall not be construed in favor of or against'either of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
-0
Walter J. Foeman
City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
LICENSOR
CITY OF MIAMI, a municipal corporation
of the State of Florida
.0
Carlos A. Gimenez
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
By: By:
Mario Soldevilla
Division of Risk Management
17
Alejandro Vilarello
City Attorney
ji.- 216
I
�t
CITY OF MIAMI, FLORIDA 20
INTER-OFFICE MEMORANDUM
Honorable Mayor and Members OCT 3 1 2001
TO: of the City Commission DATE: FILE
Resolution Authorizing
SUBJECT : the Manager to Execute
A Revocable License
Agreement with Tons
FROM: e z REFERENCES: Worring
City gx'f..,
ENCLOSURES:
RECOMMENDATION
The administration recommends that the Miami City Commission adopt the attached
Resolution, authorizing the City Manager to execute a Revocable License Agreement, in
substantially the attached form (the "Agreement"), between the City of Miami and Tom
Worring (the "Licensee") for the use of two of three tennis courts at Douglas Park (the
"Area"). The Agreement is for the purpose of providing tennis lessons to the general
public. Licensee will pay a monthly fee to be determined by the usage at $5.00 per court
per hour plus Florida State Use Tax.
BACKGROUND
Tom Worring has requested the use of the tennis courts at Douglas Park for the purpose
of providing tennis lessons to the general public. He will be occupying two of the three
tennis courts on a nonexclusive basis during normal operating hours.
Highlights of the Agreement are as follows:
Use Period: Commence as of the date upon which the City Manager executes this
Agreement and continues on a month-to-month basis until the first
to occur of the following:
(a) cancellation or termination by the express written agreement of the
parties hereto; or
(b) cancellation or termination by request of any of the parties hereto,
subject to the notice provisions of "Cancellation By Request Of Either
of The Parties Without Cause" and "Termination By City Manager
for Cause."
Utilities: City will pay for all of the utilities.
Fee: $5.00 per court per hour
PJ
Additional
Consideration: Free tennis lessons will be provided to twenty (20) underprivileged
children for one (1) hour every week.
Fee Increase: On each anniversary date there will be a 5% increase.
Late Fee: 10% late fee of the delinquent fee if not received within five days after
it becomes due.
Security
Deposit: $500.00
Taxes: Licensee shall pay.
Maintenance: Licensee shall, at its sole cost, maintain the Area in an attractive,
clean, safe and sanitary condition and shall suffer no waste or injury
thereto.
Insurance: Licensee will provide the required insurance, which includes com-
mercial general liability in the amount of $1,000,000, automobile
liability insurance in the amount of $500,000, Worker's Compen-
sation in the form and amounts required by State law.
CAG/DBpgf