HomeMy WebLinkAboutR-91-0336J-91-380
3/28/91
RESOLUTION NO. 4 A
A RESOLUTION AUTHORIZING A ONETIME WAIVER OF
f THE MAINTENANCE REQUIREMENTS IN EFFECT UNDER
THE EXISTING AGREEMENT FOR THE USE/TENANCY OF
THE CITY -OWNED GARDEN CENTER IN SIMPSON PARK
BY THE COUNCIL OF GARDEN CLUB PRESIDENTS OF
DADE COUNTY AND AUTHORIZING THE
ADMINISTRATION TO PROCEED WITH REPAIRS TO
SAID STRUCTURE, SUBJECT TO SUCH CONDITIONS
AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
ADMINISTRATION OF THE CITY OF MIAMI; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT($), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR THIS PURPOSE.
:s
WHEREAS, the City of Miami and the Council of Garden Club
Presidents of Dade County have jointly operated and utilized the
Garden Center at Simpson Park pursuant to a July 17, 1940
agreement, amended in dated February, 1942; and
WHEREAS, under the terms of the agreement, as amended, the
Council is allowed the use of the Garden Center for its meetings
and horticultural activities in perpetuity, and in return is
responsible for the maintenance of the Center, which is in urgent
need of repairs to the roof, windows and doors; and
WHEREAS, by Ordinance No. 10412, adopted April 14, 1988, the
City appropriated $35,000 for renovations to Simpson Park, and
the bid for the specified building repairs was awarded by
Resolution No. 91-186 adopted March 14, 1991; and
WHEREAS, due to the fact that the Garden Center is not used
exclusively by the Council but is also enjoyed by the general
public and is operated by City Parks and Recreation staff, it is
recommended that the maintenance requirements stipulated in the
effective agreement, as amended, be waived in this instance and
that the A.ninistration proceed with the needed repairs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The maintenance requirements in effect under the
existing agreement for the use/tenancy of the City -owned Garden
Center in Simpson Park by the Council of Garden Club Presidents
of Dade County are hereby waived on a onetime bsis-#ce----
CPPY Ct7MMSSION
ME1� T,._ :. OF
MAY 9 1991
91-w 336
NNOMM OL
Administration is hereby authorized to proceed with repairs to
said structures, subject to such conditions and limitations as
may be prescribed by the Administration of the City of Miami.
Section 2. The City Manager is hereby authorized to execute
the necessary document(s), in a form acceptable to the City
Attorney, with said tenant for said purpose, provided that said
document(s) are in 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.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th
ATTEST:
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
RAFAE% 0. D A ,
CHIEF ASSISTANT CIT ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO E L. FERNANDEZ, CITY ATTORNEY
M2170
day of May 1991.
XAVIER V. SUA
OR
_ 2 _ 91- 336
CITY OF MIAMI, FLORIDA CA=9
INTER-OFFICE MEMORANDUM
Honorable Mayor and Members
TO. of the City Commission PATE % APR {.. e! 9 ! �� 1Q
9 1 FILE
SUBJECT: Resolution regarding Repairs to
the Simpson Park Garden Center
FROM: Cesar H . Odio, REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing a onetime waiver of the
maintenance requirements in effect under_ the existing agreement
for the use/tenancy of the City -owned Garden Center at Simpson
Park by the Council of Garden Club Presidents of Dade County and
directing the Administration to proceed with needed repairs to
this structure. The resolution would also authorize the City
Manager to execute the necessary documents for this purpose.
BACKGROUND
The Department of Parks and Recreation has prepared the attached
legislation with assistance from Property and Lease Management.
Currently, the City and the "Council" jointly operate and utilize
the Garden Center at Simpson Park based on a 1940 agreement which
was later amended in 1942.
Under the terms of the effective agreement, the Council is
allowed the use of the Garden Center for its meetings and
horticultural activities in perpetuity, while the City provides
staff and keeps the facility available for the general public.
The agreement also requires the Council to provide all
maintenance for the building and the City is to maintain the
balanace of the park property.
For some time, the Garden Center has needed roof repairs and
security improvements for its doors and windows. By Ordinance
No. 10412, adopted April 14, 1988, the City appropriated $35,000
for renovations to Simpson Park, and the bid for the specified
building repairs was awarded by Resolution No. 91-186 adopted
March 14, 1991. In order to properly proceed with the needed
repairs, a waiver of the maintenance requirements contained in
the agreement is requested.
Due to the fact that the Garden Center is not used
the Council but is also enjoyed by the general
operated by City Parks and Recreation staff, it
that the maintenance requirements be waived in thi
s
exclusively by
public and is
is recommended
instance.
CA-s-►
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