HomeMy WebLinkAboutR-92-0292J-92-97 om
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RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT
TO SOUTH FLORIDA COUNCIL, BOY SCOUTS OF
AMERICA/LINCOLN MARTI CAMPOREE, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE
OF THE STORAGE SHED IN THE CITY -OWNED CARLOS
J. ARBOLEYA CAMPING AND PICNIC GROUNDS,
LOCATED AT 7025 WEST FLAGLER 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.
WHEREAS, the South Florida Council, Boy Scouts of
America/Lincoln Marti Camporee, a not for profit Florida
corporation, has since 1970 held annual camporees at the Carlos
J. Arboleya Camping and Picnic Grounds, located at 7025 West
Flagler Street, Miami, Florida; and
WHEREAS, volunteers of the South Florida Council Boy Scouts
of America erected an 816 square foot shed, at their own expense
which cost was estimated at $31,341, for the purpose of storing
all the fixtures and equipment for the annual Lincoln Marti
Camporee; and
WHEREAS, said storage shed was donated to the City of Miami
Parks and Recreation Department through the Adopt -A -Park Program
at no cost to
the
City;
and
WHEREAS,
the
South
Florida Council, Boy Scouts of America
desire to continue holding annual Lincoln Marti Camporees in the
City of Miami and desire to continue to store all fixtures and
equipment pertinent to scouting activities in the donated shed;
CITY ComMISSI0N
MEETIIIG OF
CONTAINED MAY J h T92
9 To='u"212,
J-92-97
5/6/92
9 2 - 2.2
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT
TO SOUTH FLORIDA COUNCIL, BOY SCOUTS OF
AMERICA/LINCOLN MARTI CAMPOREE, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE
OF THE STORAGE SHED IN THE CITY -OWNED CARLOS
J. ARBOLEYA CAMPING AND PICNIC GROUNDS,
LOCATED AT 7025 WEST FLAGLER 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.
WHEREAS, the South Florida Council, Boy Scouts of
America/Lincoln Marti Camporee, a not for profit Florida
corporation, has since 1970 held annual camporees at the Carlos
J. Arboleya Camping and Picnic Grounds, located at 7025 West
Flagler Street, Miami, Florida; and
WHEREAS, volunteers of the South Florida Council Boy Scouts
of America erected an 816 square foot shed, at their own expense
which cost was estimated at $31,341, for the purpose of storing
all the fixtures and equipment for the annual Lincoln Marti
Camporee; and
WHEREAS, said storage shed was donated to the City of Miami
Parks and Recreation Department through the Adopt -A -Park Program
at no cost to the City; and
WHEREAS, the South Florida Council, Boy Scouts of America
desire to continue holding annual Lincoln Marti Camporees in the
City of Miami and desire to continue to store all fixtures and
equipment pertinent to scouting activities in the donated shed;
OTY CODUMSS101;
MEETH1C OF
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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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorizedl£o issue a
Revocable Permit- to South Florida Council, Boy Scouts of
America/Lincoln Marti Camporee, in substantially the attached
form, for the use of the storage shed, located at the Carlos J.
Arboleya Camping and Picnic Grounds, located at 7025 West Flagler
Street, Miami, Florida; said Permittee shall pay an annual fee of
$1.00 for the use of the area in accordance with the terms and
conditions contained in said Revocable Permit.
Section 3. • This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of _ May , 1992.
ATTES .
MATTY HIRAI
CITY CLERK
1/The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
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92- 292
ASK
PREPARED AND APPROVED BY:
jT-JLIE 6.- BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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�'M.q �04
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
TO
SOUTH FLORIDA COUNCIL
BOY SCOUTS OF AMERICA/LINCOLN MARTI CAMPOREE
FOR USE OF THE STORAGE SHED AT THE
CARLOS J. ARBOLEYA CAMPING AND PICNIC GROUNDS
LOCATED AT 7025 WEST FLAGLER STREET
IN
MIAMI, FLORIDA
ISSUED THIS DAY OF , 1992.
ATTEST:
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
CITY OF MIAMI, a municipal
corporation of the State of
Florida
City Manager
CONTENTS
1. DESCRIPTION OF AREA
2. TIME
3. PURPOSE
4. FEE
S. LAWS APPLICABLE
6. ASSIGNMENT OR TRANSFER
7. CONDITION OF AREA
8. ALTERATION BY PERMITTEE
9. MAINTENANCE
10. CITY'S RIGHT OF ENTRY
11. RISC OF LOSS
12. INDEMNIFICATION AND HOLD HARMLESS
13. INSURANCE
14. PERMIT EXPIRATION
f�J
REVOCABLE PERMIT
1. DESCRIPTION OF AREA
The City of Miami, a municipal corporation of the State of
Florida (hereinafter referred to as the "CITY") hereby issues
this Revocable Permit (hereinafter referred to as the "PERMIT")
to SOUTH FLORIDA COUNCIL, BOY SCOUTS OF AMERICA/LINCOLN MARTI
CAMPOREE, a not for profit Florida corporation (hereinafter
referred to as the "PERMITTEE") for the purpose of, and under the
conditions hereinafter set forth, permitting said PERMITTEE to
use the 816 square foot structure located at the Carlos J.
Arboleya Camping and Picnic Ground, located at 7025 West Flagler
Street, Miami, Florida, described on Exhibit "A" (hereinafter
referred to as the "AREA") attached hereto and made a part
hereof.
CONDITIONS
2. TIME
This PERMIT shall be valid for a period of twenty (20) years
commencing on the day of issuance unless otherwise revoked as
provided below. This PERMIT may be extended for two (2)
additional five (5) year periods upon written approval by the
City Manager. This PERMIT or any extensions and renewals
thereof, in addition to the termination provided for under the
provisions of Section 21 hereof, may also be terminated by the
City Commission, without cause by delivery of a written notice of
revocation, thirty (30) days prior to revocation.
3. PURPOSE
The AREA shall be used by the PERMITTEE to store all the
fixtures and equipment for the South Florida Council, Boy Scouts
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of America Lincoln ti Camporee held annuallt the Carlos J.
Arboleya Camping and Picnic Grounds.
4. FEE
PERMITTEE shall pay for the use of the AREA a fee in the
amount of $1.00 per year.
S. LAWS APPLICABLE
PERMITTEE accepts this PERMIT and as a condition of this
PERMIT, agrees to 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,
including but not limited to building codes and zoning
restrictions. PERMITTEE shall comply with said laws and
ordinances as they presently exist and as they may be amended
hereafter.
6. NO ASSIGNMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
7. CONDITION OF AREA
PERMITTEE hereby accepts the AREA in its present condition
and agrees to maintain it in the same or better condition, order
and repair as it is in at this time, at the cost and expense of
the PERMITTEE, except for reasonable wear and tear.
B. ALTERATIONS/IMPROVEMENTS BY PERMITTEE
A. PERMITTEE may not make any alterations, additions,
partitions or improvements in or to the AREA without the written
consent of the City Manager or his designee, which permission
shall not.be unreasonable withheld. All additions, partitions,
or. improvements shall become the property of CITY and shall
remain a part of the AREA at the expiration of this PERMIT. The
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cost of renovation f the AREA as to alte- ions, additions, _-
partitions or improvements shall be borne by and is the financial -
responsibility of PERMITTEE.
B. PERMITTEE shall have the right to remove any movable
personal property or fixtures that it places in or on the AREA.
All alterations, additions, partitions or improvements must be in
conformance with the provisions of Section 5 hereof. If any part
of the AREA is in any way damaged by the removal of such items as
stated in subsection A hereof, said damage shall be repaired by
PERMITTEE at its sole cost and expense. Should PERMITTEE fail to
repair any damage caused to the AREA 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 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 21 below. Notwithstanding the above, this PERMIT may be
revoked due to PERMITTEE'S failure to repair the AREA as directed
without the necessity of CITY repairing the AREA.
9. MAINTENANCE
PERMITTEE shall maintain the interior and exterior of the
AREA in good order and repair at all times, and in an attractive,
clean and sanitary condition during the period of this PERMIT or
any extension or renewal hereof.
10. CITY'S RIGHT OF ENTRY
CITY, or , any of its properly designated agents,
representatives, or employees, shall have the right to enter said
AREA during all reasonable working hours, to examine and/or
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inspect the same wA prior written consent �_ PERMITTEE which
consent shall not be unreasonably withheld.
11. 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 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 said AREA, 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.
12. INDEMNIFICATION AND HOLD HARMLESS
PERMITTEE covenants and agrees that it shall indemnify, hold
harmless and defend CITY from and against any and all claims,
suits, actions, damages or causes of action arising during the
period of this PERMIT, 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 PERMITTEE'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 claim and the investigation thereof; provided however, that
theforegoingindemnification shall not apply if the claims,
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costs, liabilities, actions, damages ocauses of action
arise from the sole negligence or willful misconduct of CITY or
any of its employees, agents or otherwise.
13. INSURANCE
PERMITTEE shall maintain throughout the period of this
PERMIT, and through any periods of extensions or renewals the
following insurance:
A. General Liability insurance on a comprehensive general
liability coverage form, or its equivalent, including
premises, operations, -and contractual coverages, with a
combined single limit of at least $500,000 for bodily
injury liability and property damage liability.
CITY shall be an additional named insured on the policy
or policies of insurance.
B. The policy or policies of insurance required shall be
so written that the policy or policies may not be
canceled 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 Blvd. Way, Miami, Florida
33131.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property and Lease Management Office of
CITY. 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 must be rated no less than A as
to management, and no less than Class V as to financial strength,
in accordance with the latest edition of Bests Key Rating Guide,
published by Alfred M. Best Company, Inc., Oldwick, New Jersey.
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14. PERMIT EXPIRAZ"A
At the expiration or sooner termination of this PERMIT, any
privileges or right granted hereunder shall terminate and
PERMITTEE shall deliver to CITY all keys that it may have to any
and all parts of the AREA.
15. GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this PERMIT shall be in writing and
shall be delivered by personal service, or by registered
mail addressed to CITY and PERMITTEE 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 mail, on the fifth day after
being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI
City Manager
Attn: Property & Lease Mgmt.
City of Miami
P. 0. Box 330708
Miami, Florida 33233-0708
South Florida Council
Boy Scouts of America
Lincoln Marti Camporee
c/o Carlos Arboleya
15255 N.W. 82 Avenue
Miami Lakes, F1. 33016
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 provision, paragraphs, sentences, words or
phrases contained in this PERMIT be determined by a court of
competent jurisdiction to be invalid, illegal or otherwise
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AMN
unlawful under the '01W:ws of the State of Flor.LA or the City of
Miami, such provision, 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
of this PERMIT shall remain unmodified and in full force and
effect.
16. ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of the
AREA or grounds without having first obtained the approval of the
City manager or his designee. CITY reserves the right to erect
or place upon the AREA an appropriate sign indicating CITY'S
having issued this PERMIT.
17. 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.
18. 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,
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, lessee shall submit a
Statement of Assurance indicating that their operation is in
compliance with all relevant Civil Rights laws and regulations.
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19. MINORITYIWOMEN INESS UTILIZATION �
PERMITTEE, shall make a 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 of
Miami's Office of Minority/Women Business Affairs. Such lists
will be made available to the PERMITTEE at the time of the
signing of the Agreement with the City of Miami and updates will
be routinely provided by the City's Office of Minority/women
Business Affairs.
20. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this PERMIT, then, 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 so do after such written notice, this
PERMIT is hereby revoked without the need for, or further action
by CITY.
21. TAXES
During the period of this PERMIT, PERMITTEE shall pay any
and all taxes of whatever nature lawfully levied upon or assessed
against 'the AREA.
22. INTEREST CONFERRED BY PERMIT
The provisions of this PERMIT do not constitute a. lease and
the rights of PERMITTEE hereunder are not those of a tenant. No
leasehold interest in the AREA is conferred upon PERMITTEE under
the provisions hereof and PERMITTEE does not and shall not claim
at any time any interst or estate of any kind or extent
whatsoever in the AREA by virtue of this PERMIT or its use of the
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r
AREA hereunder. P.ITTEE does not and shallot claim at any
time any interest or estate of any kind or extent whatsoever in
the AREA by virtue of any expenditure or funds by the PERMITTEE
for improvements, -construction, repairs, or alterations to the
AREA.
23. COURT COSTS AND ATTORNEY'S FEE
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this PERMIT, the
CITY shall be entitled to receive from PERMITTEE court costs and
attorney's fees.
24. MODIFICATIONS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City Manager.
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 01
1992.
ATTEST:
Corporate Secretary
APPROVED AS TO
INSURANCE REQUIREMENTS:
Risk Management Division
PERMITTEE:
SOUTH FLORIDA COUNCIL
BOY SCOUTS OF AMERICA/LINCOLN
MARTI CAMPOREE, a not for profit
Florida corporation
By
President
11 - 92- 292
CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to enter into a
Revocable Permit with SOUTH FLORIDA COUNCIL, BOY SCOUTS OF
AMERICA/LINCOLN MARTI CAMPOREE, a not for profit Florida
corporation, for use of the storage shed built at the Carlos J.
Arboleya Camping and Picnic Grounds, 7025 West Flagler Street,
Miami, Florida, which is described in Exhibit A hereto, for the
purpose of storing all fixtures and equipment for the annual
Lincoln Marti Camporee; and
WHEREAS, the SOUTH FLORIDA COUNCIL, BOY SCOUTS OF
AMERICA/LINCOLN MARTI CAMPOREE has agreed to accept this
Revocable Permit; and
WHEREAS, the Board of Directors of the SOUTH FLORIDA
COUNCIL, BOY SCOUTS OF AMERICA/LINCOLN MARTI CAMPOREE has
examined the terms, conditions and obligations of the attached
PERMIT with the CITY OF MIAMI, for the use of space described in
Exhibit A hereto; and
WHEREAS, the Board of Directors of the SOUTH FLORIDA
COUNCIL, BOY SCOUTS OF AMERICA/LINCOLN MARTI CAMPOREE at a duly
held corporate meeting has considered the matter in accordance
with the bylaws of the corporation;
NOW, -THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE SOUTH FLORIDA COUNCIL, BOY SCOUTS OF AMERICA/LINCOLN MARTI
CAMPOREE, 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 and
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upon the terms ant ,payments contained in d `attached PERMIT
submitted by the CITY OF MIAMI.
IN WITNESS WHEREOF, this day of , 1992.
SOUTH FLORIDA COUNCIL
BOY SCOUTS OF AMERICA/LINCOLN
MARTI CAMPOREE, a Florida
not for profit corporation
By:
President
. By
Secretary
U
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
r 2) h `992 FILE
TODATE Honorable Mayor and Members �!;� ;; L � J
of the City Commission
SUBJECT : Resolution Authorizing
a Revocable Permit to
South Florida Council
FROM : REFERENCES . Boy Scouts of America
Lincoln Marti Camporee
Cesar H. Odio ENCLOSURES. For City Commission
City Manager Meeting of May 14, 1992
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute a
Revocable Permit with South Florida Council, Boy Scouts of
America/Lincoln Marti Camporee. The permit will allow the Boy
Scouts of America use of a storage building to store all the
fixtures and equipment for the Lincoln Marti Camporee held
annually at the City -owned Carlos J. Arboleya Camping and Picnic
Grounds located at 7025 West Flagler Street, Miami, Florida, at
an annual fee of $1.00.
BACKGROUND
The Department of Development & Housing Conservation, Property
and Lease Management Division, with the assistance of the Parks
and Recreation Department, has prepared a Revocable Permit for
the South Florida Council, Boy Scouts of America's use of the
storage shed which was erected by volunteers of the South Florida
Council, Boy Scouts of America, Lincoln Marti Camporee. The
permit shall be valid for a twenty-year period and may be
extended for additional and separate five-year periods at an
annual fee of $1.00.
The 816 square foot shed, which was constructed by volunteers of
the South Florida Council, Boy Scouts of America at an estimated
cost of $31,341 for the purpose of storing all the fixtures and
equipment for the annual Lincoln Marti Camporee, was donated to
the City of Miami Parks and Recreation Department through the
Adopt -A -Park Program at no cost to the City. The Camporee has
been held at the Carlos J. Arboleya Camping and Picnic Grounds
every year in the month of January or February since 1970. Other
equipment pertinent to scout activities held at the park during
the course of the year is also stored inside the structure.
The South Florida Council, Boy Scouts of America desire to
continue holding annual Lincoln Marti Camporees in the City of
Miami and desire to continue to store all fixtures and equipment
pertinent to scouting activities in the donated shed. Resulting
discussions with City staff led to the proposal to enter into the
attached Revocable Permit.
Attached: Proposed Resolution 9 2 _ 2 ;)
Proposed Revocable Permit �`�
OW-f