HomeMy WebLinkAboutR-93-0662J-93-617
10/4/93
RESOIVTION No. 9 3- 6 6 2
A RESOLUTION, WITH ATTAC MOT (S) , AUTHORIZING THE CITY
MANAGER M ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY
THE ATTACHED FORM, TO URBAN LEAGUE OF GREATER MCAMI,
INC., FOR A ONE --YEAR PERIOD, FOR ACCESS TO AND USE OF
SPACE AT CITY -OWNED PROPERTY KNOWN AS AFRICAN SQUARE
PARK, LOCATED AT 1400 MARTIN LU.CHER KING, JR.
BCXJI,E'VARD (NORTHWEST 62ND STREET'), MIAMI, FLORIDA, AT
AN ANNUAL FEE OF $1.00, SAID PERMIT TO BE EXTENDED FOR
ADDITIONAL ONE-YEAR PERIODS, UPON THE APPROVAL OF THE
CITY MANAGER OR HIS DESIGNEE, WITH REVIEW BY THE CITY
COMMISSION EVERY FIVE YEARS.
WHEREAS, the Urban League of Greater Miami, Inc. is desirous of
utilizing space at African Square Park, Located at 1400 Martin Luther
King, Jr. Boulevard. (Northwest 62nd Street), Miami, Florida, for the purpose
of providing programmed activities and affordable day care services to
residents in and around the Orange Heights neighborhood and throughout the
City of Miami through recreational programming, maintenance and operation of
the City -owned property know as African Square Paxk; and
WHEREAS, said use would benefit the community by providing aotivities
for the youth and affordable day care to residents of the surrounding
m = 'x'
NOW, THEREFORE, BE IT RESOLVED BY THE OOMMISSION OF THE CITY OF MfAMI,
Section 1. The recitals and findings contained in the Preamble to
this Resolution are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
TTAC11ME'NT
CONTAINED
CITY COMMISSION
MEETING OF
OCT 14 1993
Reaoludon Natte�
93— 662
'_I
Section 2. The City Manager is hereby authorizedY to issue a
Revocable Permit, in substantially the attached form, to the Urban League of
Greater Miami., Inc., for a one-year period, for access to and use of space at
City -owned, property known as African Square Park, located at 1400 Martin
Luther King Jr. Boulevard (Northwest 62nd Street), Miami, Florida, at an
annual fee of $1.00, for the purpose of providing programmed activities and
affordable day care services to the residents in and around the Orange Heights
neighborhood
and throughout
the City
of Miami
through
recreational
programming,
maintenance and
operation of
said
Park; said
Permit to be
extended for additional one-year periods, upon approval by the City Manager or
his designee, with review by the City Commission every five years.
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 14th day of October 1993.
A �
mATit HTRAJ: , cm CLERK
. . /Y. . • Y1, Ii . . . .,• N
eJOB:LL:BSS:M3885
I/
XAVTER L. , MAC
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-
93-- 662
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
TO
URBAN LEAGUE OF GREATER MIAMI, INC
(HEREINAFTER "PERMITTEE")
FOR THE USE OF SPACE
LOCATED AT
1400 MARTIN LUTHER KING, JR. BOULEVARD (NW 62 STREET)
AFRICAN SQUARE PARK
MIAMI, FLORIDA
Issued this day of , 1993.
ATTEST:
MATTY HIRAI
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
CITY OF MIAMI, a municipal
corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
APPROVED AS TO INSURANCE
REQUIREMENTS:
SUJAN S. CHHABRA, DIRECTOR
RISK MANAGEMENT
93- 662
CONTENTS
1. DESCRIPTION OF AREA
2. TERM
3. REVIEW
4. DAY CARE OPERATIONS
5. RECREATIONAL PROGRAMMING
6. GENERAL RESPONSIBILITIES
7. FEE
8. LAWS APPLICABLE
9. OWNERSHIP OF DOCUMENTS
10. ASSIGNMENT OR TRANSFER
11. ALTERATIONS/IMPROVEMENTS BY PERMITTEE
12. CITY'S RIGHT OF ENTRY
13. RISK OF LOSS
14. INDEMNIFICATION AND HOLD HARMLESS
15. INSURANCE
16. PEACEFUL RELINQUISHMENT
17. GENERAL CONDITIONS
18. ADVERTISING
19. AUDIT RIGHTS
20. WAIVER OF JURY TRIAL
21. NONDISCRIMINATION
22. VIOLATIONS
23. TAXES
24. INTEREST CONFERRED BY PERMIT
25. AFFIRMATIVE ACTION
26. MINORITY/WOMEN BUSINESS UTILIZATION
27. WAIVER
28. ENTIRE AGREEMENT
29. AMENDMENTS AND MODIFICATIONS
30. COURT COSTS AND ATTORNEY'S FEES
CORPORATE RESOLUTION
EXHIBIT A
J3- 662
2
REVOCABLE PERMIT
1. DESCRIPTION OF AREA
The City of Miami ("CITY") hereby issues this Revocable
Permit ("PERMIT") to URBAN LEAGUE OF GREATER MIAMI, INC.
("PERMITTEE"), for the purpose and under the condition(s)
hereinafter set forth, permitting said PERMITTEE to have access
to and use of the following areas, more specifically described
below, located within African Square Park ("PARK") located at
1400 Martin Luther King, Jr. Boulevard (NW 62 Street), Miami,
' Florida:
i
A) Approximately 1,401.75 square feet of interior space
located in the PARK ("AREA") for use as a day care
center, depicted in Exhibit "A" which is attached
hereto and made a part hereof.
B) Approximately 2,550 square feet of exterior space
located in the PARK ("PLAY AREA") for use as a play
area for day care participants, depicted in Exhibit "B"
i
I which is attached hereto and made a part hereof.
C) The balance of City -owned property situated at the
PARK, including both interior and exterior facilities
and improvements thereto, shall remain fully accessible
j to the general public and shall hereinafter be referred
to as "COMMON AREAS". PERMITTEE shall have access to
and use of these COMMON AREAS on a non-exclusive basis
along with the public and the CITY.
93- 662
3
2. TERM
This PERMIT shall be valid for a period of one year
commencing on the date of issuance ("TERM") unless sooner
terminated or further extended as provided elsewhere in the
PERMIT. This PERMIT may be extended for additional one year
periods upon request of the PERMITTEE, submitted in writing at
least one hundred and twenty (120) days prior to the termination
date, subject to the approval of the City Manager or his
designee. This PERMIT or any extensions and renewals thereof, in
addition to the termination which may result from or under the
provisions of Section 22 hereof, may also be terminated by the
City Manager, with or without cause at any time upon giving
thirty (30) days written notice to PERMITTEE.
3. REVIEW
In the event that extensions are granted as described above,
on the fifth year of the PERMIT (the fourth request for extension
from PERMITTEE) and every five year period thereafter, this
PERMIT shall be reviewed by the City Commission.
4. DAY CARE FACILITIES
A. USE OF AREA AND PLAY AREA
The purpose of this PERMIT and the use of the AREA and
PLAY AREA shall be for PERMITTEE to provide affordable day
care services. Enrollment is limited to City residents only
except that consideration may be given to non-residents,
only if it has been determined that there are no pending
applications by City residents to fill existing vacancies
and only if such consideration will not result in the denial
of any service to City residents.
4 93-- 662
The AREA and PLAY AREA shall be used for day care
purposes only during the hours of operation as set forth
herein.
During non -operating hours of the day care, the PLAY
AREA will be open to the general public. In addition, the
CITY may use the AREA upon receiving advance authorization
from PERMITTEE.
B. HOURS OF OPERATION
Hours of operation of the day care shall be from 7:00
AM to 6:00 PM, Monday through Friday. Any change to the
hours of operation must first be approved, in writing, by
the Director of the Department of Parks and Recreation
("DIRECTOR").
C. UTILITIES
PERMITTEE shall pay all charges for telephone and gas
rendered or supplied upon or in connection with the AREA and
PLAY AREA, including the cost of installation of any lines
and equipment necessary. PERMITTEE shall also pay any
i
Stormwater Utility Fees which may be imposed upon the AREA
and PLAY AREA. Water, sewage disposal, and trash and
garbage removal shall be at the cost of the CITY.
Additionally, PERMITTEE shall pay a pro-rata share of
electricity on a monthly basis. This pro-rata share will be
based on the square footage being used by the PERMITTEE and
shall be computed as follows:
93- 662
5
electric charges = Charge per sq. ft.
4,422 (round to nearest cent)
Charge per sq. ft. x 1401.75 =
amount due from PERMITTEE to CITY
(round to nearest cent)
D. CHARGES BY PERMITTEE
PERMITTEE may assess reasonable charges to the public
for its day care services, subject to the following
conditions:
1) PERMITTEE shall develop a sliding scale fee
schedule based upon income level and ability to
pay for PERMITTEE's day care program fees. Such
schedule may have provisions to provide free
services to those individuals in need of day care
services who are at poverty income levels.
PERMITTEE may establish income verification
procedures for its program participants. Such
procedures shall be submitted to the DIRECTOR for
his/her review.
2) PERMITTEE shall submit its proposed fee schedule,
and any subsequent revisions thereto, to the
DIRECTOR for review at least thirty (30) days
prior to the effective date of said schedule.
PERMITTEE shall be required to submit any and all
supporting documentation requested by DIRECTOR to
verify that the proposed fees are reasonable and
necessary.
3) All revenue derived from participant fees shall be
used by PERMITTEE for the programs and/or
93- G62
6
improvements in the AREA, PLAY AREA and COMMON
AREAS.
E. LICENSES
PERMITTEE shall acquire and pay for the necessary
licenses required for the operation of the day care and
shall be responsible for the payment of any and all taxes
levied on him or his operation by whatever taxing entity.
Any physical improvements necessary to qualify for the
license(s) shall be performed at the sole cost and expense
of PERMITTEE and in accordance with Section 11 of the
PERMIT.
If modifications are necessary to the PERMIT in order
for PERMITTEE to qualify for said license(s), including
adjustments in the square footage being provided for
PERMITTEE's use, said modifications may be made by the
DIRECTOR. In the event PERMITTEE is unable to obtain the
necessary license(s) for operation of a day care within one
year from date of issuance of the PERMIT, PERMITTEE shall
forfeit its privilege for use of the AREA and PLAY AREA.
F. MAINTENANCE
PERMITTEE shall maintain the AREA and PLAY AREA in good
order and repair at all times, and in an attractive, clean
and sanitary condition during the period of this PERMIT, or
as long as PERMITTEE continues to enjoy the privilege
granted hereunder. PERMITTEE shall be responsible for
janitorial services for the AREA. CITY agrees to be
responsible for repairs to fixtures within the AREA and PLAY
93- 662
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AREA that are shared with the COMMON AREAS, excluding
personal property of PERMITTEE, except when such breakage or
damage is caused by the PERMITTEE, its officers, agents or
employees.
5• RECREATIONAL PROGRAMMING
A. USE OF COMMON AREAS
The purpose of this PERMIT and the use of the COMMON
AREAS shall be for PERMITTEE to provide programmed
activities to the residents in and around the Orange Heights
neighborhood and throughout the City of Miami through
recreational programming, maintenance and operation of the
COMMON AREAS.
For the purposes of this PERMIT, PROGRAMMING shall be
taken to mean a comprehensive program, of community
recreational, cultural, educational and social activities,
classes, training and events of the type typically offered
at City of Miami parks, including, without limitation, arts
t and crafts, ceramics, indoor games, performing arts (music,
drama, dance, talent shows), flag football, soccer,
cheerleadin g, picnics and outings, basketball, volleyball,
badminton, hopscotch, after school tutoring, chess league,
table games, aerobics, martial arts, family life education,
after school tutoring, career counseling, community
meetings, neighborhood activities and special events.
PERMITTEE shall not change or modify such use without
the prior written consent of the City Manager.
B. UTILITIES
Unless otherwise provided herein, the CITY shall
provide all utilities to the COMMON AREAS including
electricity, telephone, water, gas and sewage disposal.
Trash and garbage removal shall be at the cost of the CITY.
C. MAINTENANCE
CITY and PERMITTEE shall work collectively to maintain
the COMMON AREAS in good order and repair at all times, and
in an attractive, clean and sanitary condition during the
i
period of this PERMIT, or as long as PERMITTEE continues to
enjoy the privilege granted hereunder. CITY shall be
f responsible for janitorial services and repairs to the
COMMON AREAS, excluding personal property of PERMITTEE,
except when such breakage or damage is caused by the
i PERMITTEE, its officers, agents or employees.
6. GENERAL RESPONSIBILITIES
A. During the TERM of this PERMIT and any extensions
thereof, PERMITTEE will undertake the following activities in the
performance of its obligations hereunder:
I
1. PERMITTEE shall coordinate, schedule, attend and
moderate an annual community meeting to be held during
the month of June at which the public shall be given an
opportunity to provide input as to desired PROGRAMMING
for the PARK. PERMITTEE shall include the DIRECTOR and
f
representatives of the Parks and Recreation Department
i
("DEPARTMENT") in said meeting and shall keep a record
of attendance and recommendations made by the
community.
9 93- 662
2.
3.
4.
5.
PERMITTEE, with assigned staff of the DEPARTMENT, shall
devise and submit to DIRECTOR a detailed report as to
recommended PROGRAMMING for the PARK within thirty (30)
days of said annual community meeting. Said report
shall be based upon community input and shall include a
line -item budget detailing all costs and funding
associated with recommended PROGRAMMING.
Upon the request of the DIRECTOR or designee, PERMITTEE
shall review and modify PROGRAMMING and report
pertaining thereto as may be deemed appropriate by
DIRECTOR for reasons of security, safety, funding
and/or other reasonable concerns.
PERMITTEE shall seek donations and/or additional
funding (in the form of grants) for needed materials,
supplies, equipment, personnel resources (either paid
staff, pro bono professionals and volunteers) and/or
other resources as may be required for PROGRAMMING
and/or operation of the day care. The acceptance of
such donations and/or grants shall be subject to the
approval of the DIRECTOR, and to compliance with all
applicable City Code provisions, including the
provision of liability insurance and indemnification of
the CITY. The acceptance of said donation(s) and/or
grant(s) may require a separate agreement(s).
PERMITTEE shall designate one individual within its
organization to serve as its representative in a
coordinating capacity who will meet and converse
10 93- 662
regularly with City's liaison, prepare and/or submit
required documentation, and who will generally function
as the point of contact between CITY and PERMITTEE. If
said representative fails to adequately fulfill his/her
responsibilities to the satisfaction of the DIRECTOR,
PERMITTEE shall designate another individual to serve
in this capacity upon ten (10) days notification by
DIRECTOR.
6. PERMITTEE shall devote adequate and necessary
personnel, financial and other resources as required to
meet its responsibilities under this PERMIT in a timely
manner.
7.
PERMITTEE shall comply
in a timely manner with all
applicable requirements
of this PERMIT including all
fiscal requirements.
B.
During the TERM of this
PERMIT and any extensions
thereof,
CITY will undertake the
following activities in the
performance of its obligations hereunder:
1.
The DIRECTOR shall
appoint an employee or
representative of the DEPARTMENT to be a liaison who
will serve as the point
of contact and coordinator in
matters relating to this
PERMIT.
2.
The CITY shall conduct a
timely review of all requests,
reports and/or other documentation submitted to it by
PERMITTEE.
3.
The CITY shall provide,
subject to availability and
continued funding, such
equipment, supplies, materials
11 93- 662
and/or personnel as may be required for PROGRAMMING,
maintenance and operations.
7. FEE
PERMITTEE shall pay for the use of the AREA and PLAY AREA a
fee in the amount of $1.00 per year.
8. LAWS APPLICABLE
During the TERM of this PERMIT, PERMITTEE, at PERMITTEE's
sole cost and expense, shall comply with all laws of the State of
Florida, Ordinances of the City of Miami and Dade County,
Florida, pertaining to the operation and maintenance of the AREA,
PLAY AREA and COMMON AREAS, including but not limited to building
codes and zoning restrictions, as the same presently exist and as
they may be amended hereafter.
9. OWNERSHIP OF DOCUMENTS
Upon expiration or termination of the PERMIT, copies of all
documents developed by PERMITTEE under this PERMIT shall be
delivered to and become the property of the CITY, without
restriction or limitation on its use. PERMITTEE agrees that all
documents maintained and generated pursuant to this PERMIT, shall
be subject to all provisions of the Public Records Law, Chapter
119, Florida Statutes.
PERMITTEE agrees that any information, writings, maps,
contract documents, reports or any other matter whatsoever
provided to PERMITTEE by CITY pursuant to this PERMIT, shall not
be used by PERMITTEE for any other purpose whatsoever without the
written consent of the City Manager.
12 93- 662
10. NO ASSIGNMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
11. ALTERATIONS/IMPROVEMENTS BY PERMITTEE
PERMITTEE agrees that no construction, repairs, alterations,
additions, partitions or improvements may be undertaken upon the
AREA unless the plans:
A. Are first submitted to the Director of Office of Asset
and Grant Management for presentation and review by all
departments and offices of the CITY with jurisdiction thereof;
and
B. Are approved by the City Manager which approval shall
not be unreasonably delayed or denied; and
C. Are in compliance with all statutes, laws, ordinances
and regulations of the State, Dade County, City of Miami and any
other agency that may have jurisdiction over the AREA and PLAY
AREA as they presently exist and as they may be amended
hereafter. PERMITTEE also hereby agrees to pay for and obtain
the necessary and applicable permits in compliance with all
State, Dade County and City of Miami laws, rules and regulations
in connection with any repairs, alterations, additions,
partitions or improvements made by PERMITTEE to the AREA and PLAY
AREA; and
All additions, alterations, partitions, or improvements
shall become the property of CITY and shall remain a part of the
AREA and PLAY AREA at the expiration of this PERMIT. The cost of
renovation of the AREA and PLAY AREA as to repairs, alterations,
93- 662
13
additions, partitions or improvements shall be borne by and is
the sole financial responsibility of PERMITTEE.
Upon completion of construction, the paid invoices, receipts
and other such documents shall be submitted to the City Manager
and shall be incorporated herein and attached hereto.
PERMITTEE shall have the right to remove any movable
personal property or fixtures that it places in or on the AREA
and PLAY AREA. All repairs, alterations, additions, partitions
or improvements must be in conformance with the provisions of
j Section 8 hereof. If any part of the AREA and/or PLAY AREA is in
any way damaged by the removal of such items, said damage shall
be repaired by PERMITTEE at its sole cost and expense. Should
PERMITTEE fail to repair any damage caused to the AREA and/or
I
PLAY AREA within ten (10) days after receipt of written notice
I
from CITY directing the required repairs, CITY shall cause the
AREA and/or PLAY AREA to be repaired at the sole cost and expense
of PERMITTEE. PERMITTEE shall pay CITY the full cost of such
repairs within ten (10) days of receipt of an invoice indicating
the cost of such required repairs. Failure to pay such invoice
shall be sufficient cause to revoke this PERMIT as provided in
Section 22 below. Notwithstanding the above, this PERMIT may be
i revoked due to PERMITTEE's failure to repair the AREA and/or PLAY
AREA as directed without the necessity of CITY repairing the AREA
and/or PLAY AREA.
12. CITY'S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter the
i
14 93" 662
AREA and PLAY AREA during all reasonable working hours, to
examine and/or inspect the same.
13. RISK OF LOSS
PERMITTEE shall indemnify and hold the CITY harmless against
all risk of loss, injury or damage of any kind or nature
whatsoever to property now or hereafter placed on or within said
AREA and PLAY AREA, and all risk of loss, injury or damage of any
kind or nature whatsoever to the contents of such building or
improvements made by PERMITTEE to the structure or structures, or
to any goods, chattels, merchandise or to any other property that
may now or hereafter be placed upon the AREA and PLAY AREA,
i
whether belonging to PERMITTEE or others, whether said loss,
injury or damage results from fire, hurricane, rising water or
from any other cause or other contingency, and whether the same
be caused by the claimed negligence of CITY or any of its
employees, agents or otherwise, and shall keep CITY harmless from
all claims and suits growing out of any such loss, injury or
damage.
14. INDEMNIFICATION AND HOLD HARMLESS
The PERMITTEE shall indemnify, hold harmless and defend CITY
and its respective agents, officers or employees from and against
any and all claims, suits, actions, damages or causes of action
of whatever nature arising during the TERM of this PERMIT, for
any personal injury, loss of life or damage to property sustained
in connection with PERMITTEES use of the AREA, PLAY AREA and
COMMON AREAS, by reason of or as a result of PERMITTEE Is use or
operations thereon, and from and against any orders, judgments or
15 93' C62
. ,11) ., -`.�
decrees which may be entered thereon, and from and against all
costs, attorney's fees, expenses and liabilities incurred in an
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.
15. INSURANCE
PERMITTEE shall maintain throughout the period of this
PERMIT and through any periods of extensions or renewals, the
following insurance:
A. Commercial General liability, Comprehensive General
liability or its equivalent, including premises, operations, and
contractual coverages, with a combined single limit of at least
$1,000,000 for bodily injury liability and property damage
liability. The City shall be named an Additional Insured and
Loss Payee on the policy or policies of insurance.
B. Any other coverage deemed necessary in the course of
business including builder's risk for construction and
renovations, broad form property coverage in building, fire,
flood and extended coverage on a replacement cost basis and
worker's compensation as determined by State law.
C. 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
16 93— 98,2
provision may be waived upon submission of a written statement
that no automobiles are used to conduct business.
D. The policy or policies of insurance required shall be
i
so written that the policy or policies may not be cancelled or
materially changed without sixty (60) days advance written notice
to the CITY. Said notice should be delivered to the City of
Miami, Division of Risk Management, 300 Biscayne Boulevard Way,
3rd Floor, Miami, Florida 33131.
E. A current Certificate and Policy of Insurance showing
the required coverage shall be supplied to the Office of Asset
and Grant Management of the CITY. Insurance policies required
above shall be issued by companies authorized to do business
under the laws of the State, with the following qualifications as
i
j to management and financial strength: the company should be
t
rated "A" as to management, and no less than class "X" 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 PERMITTEE's
obligation to fulfill the insurance requirements herein.
In lieu of the purchase of commercial insurance policy or
policies as required above, the PERMITTEE may satisfy the
insurance requirement by the establishment and maintenance of a
qualified self-insurance fund which would provide protection to
i
I
17
93- 662
the City equivalent to those specified in the insurance
requirement. Such alternative arrangements must be approved by
the City of Miami's, Division of Risk Management, 300 Biscayne
Boulevard Way, Suite 328, Miami, Florida 33131.
16. PEACEFUL RELINQUISHMENT
At the expiration of the TERM of the PERMIT, or any
extensions and renewals thereof, PERMITTEE shall, without demand,
quietly and peaceably relinquish, its use of the AREA and PLAY
AREA in as good condition as it is now, except for normal wear
and tear. Such relinquishment also being required, upon demand
of the City Manager, pursuant to the provisions of Section 22
hereof, or as provided in Section 2 hereof or as may otherwise be
directed by CITY.
17. GENERAL CONDITIONS
A. All notices or other communications which may be given
pursuant to this PERMIT shall be in writing and shall be deemed
properly served if delivered by personal service or by registered
mail addressed to CITY and PERMITTEE at the address indicated
i
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 mail, on the fifth day after being posted or the
date of actual receipt, whichever is earlier:
CITY OF MIAMI PERMITTEE
City Manager Urban League of Greater
Attn: Office of Asset & Miami, Inc
Grant Management T. Willard Fair, President
City of Miami & Chief Executive Officer
PO Box 330708 8500 NW 25 Avenue
Miami, Florida 33233-0708 Miami, FL 33147
93- 662
18
B. Title and paragraph headings are for convenient
reference and are not a part of this PERMIT.
C. No waiver of a violation of any provision of this
PERMIT shall constitute a waiver of any subsequent violation of
the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provisions, paragraphs, sentences, words or
phrases contained in this PERMIT 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 of
Miami, 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 severable by
the CITY, and in such event, the remaining terms and conditions
i
of this PERMIT shall remain unmodified and in full force and
effect.
18. ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of the
AREA and PLAY AREA grounds without having first obtained the
approval of the City Manager or his designee. PERMITTEE hereby
understands and agrees that the CITY may, at its sole discretion,
i
erect or place upon the AREA and/or PLAY AREA an appropriate sign
i
indicating CITY's having issued this PERMIT.
i
19. AUDIT RIGHTS
A. If requested by CITY, PERMITTEE shall provide CITY with
a letter from an independent Certified Public
19 93-- 662
Accountant (CPA) which establishes that PERMITTEE's
internal controls are adequate to safeguard its assets
and properly reconcile accounting transactions.
B. CITY reserves the right to audit the records of
PERMITTEE at any time during the TERM of this PERMIT
and for a period of three years after this PERMIT is
terminated.
C. If so requested by CITY, PERMITTEE agrees to submit to
CITY an independent audit, by a Certified Public
Accountant. Said audit must include the expression of
an opinion as to the actual and budgeted receipts and
expenditures of funds. Said audit shall be submitted
to CITY no later than sixty (60) days after receipt of
CITY's request.
D. At CITY's request, PERMITTEE shall furnish a copy of
PERMITTEE's most recent Federal Income Tax returns.
20. WAIVER OF JURY TRIAL
PERMITTEE waives a trial by jury of any and all issues
arising in any action or proceeding between the parties hereto,
or their successors or assigns, under or connected with this
PERMIT, or any of its provisions, the relationship of the
parties, the PERMITTEE's use or occupancy of the AREA, PLAY AREA
and COMMON AREAS, PERMITTEE's rights thereto, and/or any claim of
injury or damage and any emergency statutory or any other
statutory remedy, or otherwise.
20
93- 662
21. NONDISCRIMINATION
PERMITTEE shall not discriminate against any persons on
account of race, color, sex, religious creed, ancestry, national
origin, mental or physical handicap, in the use of the AREA, PLAY
AREA and COMMON AREAS and improvements thereon.
22. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this PERMIT, then, and in the event, after ten (10)
days written notice given to PERMITTEE by the City Manager within
which to cease such violation or to correct such deficiencies,
and upon failure of PERMITTEE to do so after such written notice,
within said ten (10) day period, this PERMIT will be
automatically revoked without the need for further action by the
CITY. !
i
23. TAXES
During the TERM of the PERMIT, PERMITTEE shall pay, as
additional rent, any and all taxes of whatever nature lawfully
levied upon or assessed against the AREA and PLAY AREA.
24. INTEREST CONFERRED BY PERMIT
PERMITTEE agrees that this PERMIT is confined solely to the
nonexclusive privilege granted to PERMITTEE to use the AREA, PLAY
AREA and COMMON AREAS as set forth in Sections 1, 4 and 5 hereof,
and no other.
PERMITTEE further agrees that the provisions of this PERMIT
do not constitute a lease and the rights of PERMITTEE hereunder
are not those of a tenant but is a mere personal privilege to do
i
certain acts of a temporary character on the AREA, PLAY AREA and
93- 662
21
COMMON AREAS and that the City retains dominion, possession and
j control of the AREA, PLAY AREA and COMMON AREAS. No leasehold
interest in the AREA, PLAY AREA and COMMON AREAS is conferred
upon PERMITTEE under the provisions hereof and PERMITTEE does not
and shall not claim at any time any interest or estate of any
kind or extent whatsoever in the AREA, PLAY AREA and COMMON AREAS
by virtue of this PERMIT or its use of the AREA, PLAY AREA and
COMMON AREAS hereunder. PERMITTEE does not and shall not claim
i
at any time any interest or estate of any kind or extent
whatsoever in the AREA, PLAY AREA and COMMON AREAS by virtue of
any expenditure of funds by the PERMITTEE for improvements,
construction, repairs, partitions or alterations to the AREA,
PLAY AREA and COMMON AREAS.
25. AFFIRMATIVE ACTION
PERMITTEE 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,
j the handicapped, 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 of such a policy/plan, PERMITTEE shall submit
a Statement of Assurance indicating that their operation is in
compliance with all relevant Civil Rights laws and regulations.
26. MINORITY/WOMEN BUSINESS UTILIZATION
PERMITTEE shall make every good faith effort to
purchase/contract fifty-one percent (51%) of its annual goods and
22 93- 662
services requirements from Hispanic, Black and Women
businesses/professionals registered/certified with the City of
Miami's Office of Minority/Women Business Affairs. Such lists
will be made available to the PERMITTEE at the time of the
issuance of the PERMIT by the CITY and updates will be routinely
provided by the CITY'S Office of Minority/Women Business Affairs.
27. WAIVER
No failure on the part of the City to enforce or insist upon
performance of any of the terms of this PERMIT, 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
I
future right to enforce or insist upon the performance of the
same term.
28. 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 PERMIT are of no
force or effect.
29. AMENDMENTS AND MODIFICATIONS
Unless as otherwise provided herein, no amendments or
modifications to this PERMIT shall be binding on either party
unless in writing, signed by both parties and approved by the
City Manager.
93- 662
23
30. COURT COSTS AND ATTORNEY(S)' FEES
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this PERMIT,
PERMITTEE shall pay CITY's court costs and attorney(s)' fees.
IN WITNESS WHEREOF, PERMITTEE has hereunto caused this
PERMIT to be applied for and has executed the following by its
duly authorized officers, as of this day of
, 1993.
ATTEST: PERMITTEE:
URBAN LEAGUE OF GREATER MIAMI, INC.
(Seal)
Corporate Secretary President
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of URBAN LEAGUE OF GREATER
MIAMI, INC. desires to obtain a Revocable Permit from the CITY OF
MIAMI for access to and use of the following areas, more
specifically described below, located within African Square Park
("PARK") located at 1400 Martin Luther King, Jr. Boulevard (NW 62
Street), Miami, Florida, in order to provide day care services
and programmed activities to the residents in and around the
Orange Heights neighborhood and throughout the City of Miami
through recreational programming, maintenance and operation of
the City -owned property known as African Square Park.
A) Approximately 1,401.75 square feet of interior space
located in the PARK ("AREA") for use as a day care
center, depicted in Exhibit "A" which is attached
hereto and made a part hereof.
B) Approximately 2,550 square feet of exterior space
located in the PARK ("PLAY AREA") for use as a play
area for day care participants, depicted in Exhibit "B"
which is attached hereto and made a part hereof.
C) The balance of City -owned property situated at the
PARK, including both interior and exterior facilities
and improvements thereto, shall remain fully accessible
to the general public and shall hereinafter be referred
to as "COMMON AREAS". PERMITTEE shall have access to
and use of these COMMON AREAS on a non-exclusive basis
along with the public and the CITY.
93- 662
WHEREAS, the Board of Directors of URBAN LEAGUE OF GREATER
MIAMI, INC. has agreed to accept this Revocable Permit from the
CITY for use of said space; and
WHEREAS, the Board of Directors has examined the terms,
conditions and obligations of the attached PERMIT with the CITY
OF MIAMI, for the use of space described the PERMIT; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE URBAN LEAGUE OF GREATER MIAMI, INC., that the President and
Secretary are hereby authorized to enter into a Revocable Permit
in the name of, and on behalf of this corporation, with the CITY
OF MIAMI, and for the price upon the terms and payments contained
in the attached PERMIT submitted by the CITY OF MIAMI.
i
IN WITNESS WHEREOF, this day of , 1993.
URBAN LEAGUE OF GREATER MIAMI, INC.
By:
President
ATTEST:
Corporate Secretary
93- 662
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93- 662
t
37
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members DATE : OCT Q 61993 FILE
of the City Commission
sua.iECT Revocable Permit with
Urban League of
Greater Miami, Inc.
FROM Cesa REFERENCES
�� io
city ger ENCLOSURES:
RECOMMENDATION:
It is respectfully requested that the City Commission adopt the
attached Resolution authorizing the City Manager to issue a
Revocable Permit to the Urban League of Greater Miami, Inc.,
for access to and use of space in the property located at
African Square Park, 1400 Martin Luther King, Jr. Boulevard (NW
62 Street), Miami, Florida; said permittee to pay for the use
of the area an annual fee of $1.00 in accordance with the terms
and conditions contained in said Revocable Permit.
BACKGROUND:
The Office of Asset and Grant Management and the Department of
Parks and Recreation have negotiated an agreement with the
Urban League, whereby the Urban League would provide programmed
activities to residents in and around the Orange Heights
neighborhood and throughout the City of Miami through
recreational programming, maintenance and operation of the
City -owned property known as African Square Park.
These programmed activities include a comprehensive program of
community recreational, cultural, educational and social
activities, classes, training and events of the type typically
offered at City parks. These activities include, without
limitation, arts and crafts, ceramics, indoor games, performing
arts (music, drama, dance, talent shows), flag football,
soccer, cheerleading, picnics and outings, basketball,
volleyball, badminton, hopscotch, after school tutoring, chess
league, table games, aerobics, martial arts, family life
education, after school tutoring, career counselling, community
meetings, neighborhood activities and special events.
93- GG2
0
The Honorable Mayor and Members
of the City Commission
Page 2
The Urban League has agreed to provide its services for these
programmed activities at no cost to the City. In exchange for
these services, the City will make available to the Urban
League an interior area and exterior play area at the park for
operation of an affordable day care program.
93- 632