Loading...
HomeMy WebLinkAboutR-92-0293J-92--287 5/5/92 RESOLUTION NO. 9 2 __ 293 A RESOLUTION�WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., A NOT -FOR -PROFIT FLORIDA CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF THE AREA LOCATED BEHIND THE GREATER BETHEL AFRICAN METHODIST EPISCOPAL CHURCH, LOCATED AT 245 NORTHWEST 8 STREET, MIAMI, FLORIDA; SAID PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE OF $1.00 IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. WHEREAS, the City of Miami owns lots 5 & 6 in Block 35 N, Subdivision Miami North a/k/a A.L. Knowlton B-41, which is an approximately 15,000 square foot vacant area located on Northwest 9 Street behind the Greater Bethel African Methodist Episcopal Church; and WHEREAS, the B.A.M.E. Development Corporation of South Florida, Inc. a not -for -profit Florida corporation, is in need of additional parking area and is desirous of utilizing the vacant City -owned lots located behind the Greater Bethel African Methodist Episcopal Church located at 245 Northwest 8 Street, Miami, Florida; and WHEREAS, said use would benefit the surrounding community by providing a safe, well lit, maintained area and will use the lots productively for parking for any and all community related activities; and {ATTACHMENT (S)i CONTAINED CITY CO?6 MISSION 14EET114G OF MAY 1 4 1992 Rosolution No. 92- 293 WHEREAS, B.A.M.E. Development Corporation of South Florida, Inc. has agreed to install fencing, lights and provide maintenance of the area at no cost to the City; and WHEREAS, the City of Miami, is willing to pave, paint stripes on, and landscape the area; and WHEREAS, the City Commission's approval of the issuance of a Revocable Permit for use of the vacant City -owned area behind the Greater Bethel B.A.M.E Church will be the most feasible and suitable method to accomplish site reservation; 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 authorized to issue a Revocable Permit to B.A.M.E. Development Corporation of South Florida, Inc. in substantially the attached form, for the use of the parking area located behind the Greater Bethel African Methodist Episcopal Church located at 245 Northwest 8 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. -2- J2- 293 4 10 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of May , 1992. ATTEST a MATTY AURAI CITY CLERK PREPARED AND APPROVED BY: ,TULIE O. ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -3- 92~ 293 REVOCABLE PERMIT ISSUED BY THE CITY OF MIAMI TO B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. FOR USE OF LOTS 5 AND 6, BLOCK 35 N SITUATED ON NORTHWEST 9 STREET AND LOCATED BEHIND GREATER BETHEL AFRICAN METHODIST EPISCOPAL CHURCH 245 NORTHWEST 8 STREET IN MIAMI, FLORIDA ISSUED THIS DAY OF , 1992. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida City Clerk City Manager APPROVED AS TO FORM AND CORRECTNESS: 92- 293 0. it CONTENTS 1. DESCRIPTION OF AREA 2. TIME 3. PURPOSE 4. FEE 5. COMPLIANCE WITH LAW 6. UTILITIES 7. ASSIGNMENT OR TRANSFER 8. CONDITION OF AREA 9. ALTERATION BY PERMITTEF. 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12. RISK OF LOSS 13. INDEMNIFICATION AND HOLD HARMLESS 14. INSURANCE 15. PERMIT EXPIRATION 16. GENERAL CONDITIONS 17. ADVERTISING 18. NONDISCRIMINATION 19. AFFIRMATIVE ACTION 20. MINORITY/WOMEN BUSINESS UTILIZATION 21. VIOLATIONS 22. TAXES 23. INTEREST CONFERRED BY PERMIT 24. COURT COSTS AND ATTORNEY'S FEES 25. MODIFICATIONS CORPORATE RESOLUTION EXHIBIT A 92-w 293 REVOCABLE PERMIT 1. DESCRIPTION OF AREA — The City of Miami, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter =- referred to as the "CITY") hereby issues this Revocable Permit (hereinafter referred to as the "PERMIT") to B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. a Florida not for profit corporation (hereinafter referred to as the "PERMITTEE") for the purpose of, and under the conditions hereinafter set forth, permitting said PERMITTEE to use lots 5 and 6, Block 35 N, Subdivision Miami North a/k/a A.L. Knowlton B-41, which is an approximately 15,000 square foot vacant area located on Northwest 9 Street behind the Greater Bethel African Methodist Episcopal — Church, 245 Northwest 8 Street, Miami, Florida, described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "AREA"). O Z 1 *3 410•� 2. T IAL This PERMIT shall be valid for a period of two years commencing on the date of issuance unless otherwise revoked as provided below. This PERMIT may be extended for additional one year periods subject to the approval of the City Manager or his designee. This PERMIT or any extensions and renewals thereof may, in addition to the termination provided for under the provisions of Section 21 hereof, may also be terminated by the City Commission, without cause and for any reason at any time upon giving thirty (30) days written notice to PERMITTEE. 3 92- 293 1 3 . P-U-U-Q$-E- The AREA shall be used by the PER.MITTEE for parking, for any and all community related activities. 4. F,- PERMITTEE shall pay for the use of the AREA a fee in the amount of $1.00 per year. 5. COMPLIANCE WITH LAWS 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. 5. UTILITIES Unless otherwise provided herein, PERMITTEE shall provide all utilities, including but not limited to, electricity, water, gas, and sewage disposal. Trash and garbage removal shall be at the expense of PERMITTEE. 7.< NO ASSIGNMENT OR TRANsFE PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this PERMIT. 8. -CON ITION OF ARvA CITY shall, at its own expense, pave and landscape the AREA as described on Exhibit A attached hereto. Such paving and 92- 293 4 landscaping shall consist of paving the parking surface per the City Code, providing sod and soil in the landscaped areas, painting stripes as required in the parking area and providing trees and shrubs per the City Code. PERMITTEE hereby agrees to install fencing and lights and maintain the AREA in the same or better condition, order and repair as it is in upon the completion of improvements specified in this section, at the sole cost and expense of the PERMITTEE. PERMITTEE agrees that no construction, repairs, alterations, or improvements may be undertaken upon the AREA unless the plans: A. Are first submitted to the Property and Lease Manager for presentation and review by all departments and offices of the CITY with jurisdiction; 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. 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 cost or renovation of the AREA as to alterations, additions, partitions or improvements shall be borne by and is the 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. 5 92-- 293 PERMITTEE shall have the right to remove any movable personal property or fixtures that it places on the AREA. All alterations, additions, partitions or improvements must be in conformance with the provisions of Section 5 hereof. 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 additions, partitions or improvements made by PERMITTEE to the AREA. 10. MAINTENANCE PERMITTEE shall maintain the AREA in good order and repair at all times, and in an attractive, clean, safe and sanitary condition during the period of this PERMIT or any extension or renewal hereof. 11. 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 inspect the same. 12. R-I5K 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 92- 293 N. 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. 1.3. INDEMNIFICATION AND HOLD HARMLE$-5- 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 of whatever nature 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; EVEN IF THE CLAIMS, COSTS, LIABILITIES, SUITS, ACTIONS DAMAGES OR CAUSES OF ACTION ARISE FROM THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE CITY, ANY OF ITS EMPLOYEES, AGENTS, OR OFFICIALS. 14. INSURANCE PERMITTEE shall maintain throughout the period of this -' PERMIT, and through any periods of extensions or renewals the following insurance: 92- 293 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 $1,000,000 for bodily injury liability and property damage liability. 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 $300,000 for bodily injury and property damage. C. 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 "X" as to financial strength, in accordance with the latest edition of Best's Key Rating Guide, published by Alfred M. Best Company, Inc., Oldwick, New Jersey. 92— 293 s AN 15. PERMIT_EXPIRATION At the expiration of the PERMIT period any privileges or right granted hereunder shall terminate. 16. 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 deemed properly served if delivered by personal service, or by registered mail addressed to CITY and PERMITTEE at the address indicated herein or as the ;game 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 B.A.M.E. Development Attn: Property & Lease Mgmt. Corporation of South Florida City of Miami c/o Rev. John F. White, P. O. Box 330708 245 Northwest 8 Street Miami, Florida 33233-0708 Miami, Florida 33136 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 i competent jurisdiction to be invalid, illegal or otherwise unlawful under the laws of the State of Florida or the City of 99- '293 9 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. PERMITTEE shall not permit any signs or advertising matter to be placed at the AREA 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. 18. NO NDISCRIMI_NATION 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. 19. 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 workplace 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. 10 92- 293 Nor- 20. MINORITY/WOMEN BUSINESS UTjLjZt ION 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. 21. VIOLATIONS _ c- In addition to the City's absolute right of termination and revocation of this PERMIT for any reason and without cause as indicated in Section 2 hereof, if PERMITTEE in any manner violates the restrictions and conditions of this PERMIT, after thirty (30) 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 will be automatically revoked without the -need for further action by the CITY. 2 2 • 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. - �� 9�-- 293 23. INTE ST CONFERRED BY PERMIT PERMITTEE agrees that this PERMIT is confined solely to the nonexclusive privilige to PERMITTEE to use the AREA as set forth in Section 3 hereof, and no other. 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 privilige to do certain acts of a temporary character on the AREA and that the City retains dominion, possession and control of the AREA. No leasehold interest in the AREA is conferred upon PERMITTEE under the provisions hereof. 24. COURT COSTS AND ATTORNEYEEE 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. 25. 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 , 1992. 92- 293 12 { ATTEST: PERMITTEE: — B.A.M.E. DEVELOPMENT CORPORATION =_ OF SOUTH FLORIDA, INC. not for profit Florida corporation Corporate Secretary APPROVED AS TO INSURANCE REQUIREMENTS: Risk Management Division— By President CORPORATE RESOLUTION WHEREAS, the CITY OF MIAMI has agreed to enter into a -- Revocable Permit with B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. a not for profit Florida corporation, for use lots 5 and 6, Block 35 N, Subdivision Miami North a/k/a A.L. Knowlton B-41, a vacant area located on N.W. 9 Street behind the Greater Bethel African Methodist Church, 245 Northwest 8th Street, Miami, Florida, which is described in Exhibit A hereto, for the purpose of parking; and WHEREAS, the B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH FLORIDA has agreed to accept this Revocable Permit; and - WHEREAS, the Board of Directors of the B.A.M.E. DEVELOPMENT - CORPORATION OF SOUTH FLORIDA, INC. 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 B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. 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 B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH FLORIDA, 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 and upon - 14 92- 293 - the terms and payments contained in the attached PERMIT submitted by the CITY OF MIAMI. IN WITNESS WHEREOF, this day of , 1992. _ B.A.M.E. DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. a Florida not for profit corporation By: President By: Secretary i , a = I 1 9r9w - 293 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=15 To : Honorable Mayor and Members DATE : pr FILE'' of the City Commission APR c 31992 SUBJECT : Resolution Authorizing — a Revocable Permit to B.A.M.E. Development - FROM : REFERENCES: Corporation of South Florida, Inc. - Cesar H. Odio ENCLOSURES: For City Commission City Manager Meeting of 5/14/92 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute a Revocable Permit with B.A.M.E. Development Corporation of South Florida , Inc., (B.A.M.E. Development). The permit will allow B.A.M.E. Development the use of the City owned parking lot located behind the Greater Bethel A.M.E., 245 Northwest 8 Street, Miami, Florida, at an annual fee of $1.00. The Department of Development & Housing Conservation, Property and Lease Management Division, has prepared a Revocable Permit for B.A.M.E. Development Corporation of South Florida, Inc. use of the City owned parking lot, providing that the City shall, at its own expense, pave and landscape the area which will consist of paving the parking surface per the City Code; providing sod and soil in the landscaped areas; painting stripes as required in the parking area; and providing trees and shrubs per the City Code. B.A.M.E. Development Corporation will in turn, install fencing and lights and maintain the area at no cost to the City. B.A.M.E. Development shall pay for the use of the area an annual fee of $1.00. The permit shall be valid for a two-year period and may be extended for additional two year periods subject to the approval of the City Manager or his designee. Attached: Proposed Resolution Proposed Revocable Permit 92-- 293