HomeMy WebLinkAboutR-91-07666
J--91-831
10/16/91
(M-91-754
10/3/91)
to
RESOLUTION NO.
61
A RESOLUTION, WITH ATTACHMENT(S), AUTHOR
THE CITY MANAGER TO EXECUTE A REV
PERMIT, IN A FORM ACCEPTABLE TO T
ATTORNEY, TO BETTER WAY, INC. FOR TH
BECKHAM HALL, LOCATED AT THE SOUTHWEST
OF NORTHWEST 8TH AVENUE AND 2 ST
MIAMI, FLORIDA; FOR THE OP
SHELTER FOR THE HOMELESS, ELL
ANCILLARY SERVICES; SAID PE TEE TO
ANNUAL FEE OF $1.0 0 FOR TH E OF THE
IN ACCORDANCE WITH THE J&RMS CONDI
CONTAINED IN SAID REVOCABIWE
WHEREAS, on October
INC. made a personal
apply for use of (n11
for the homeless
of Northwest 8th
tines of BETTER WAY,
fore the City Commission to
the operation of a shelter
ated at the southwest corner
Street Miami, Florida; and
ion 91-754, passed on October 3,
>mmission agreed in principle to said
t and further instructed the City Manager to
Way, Inc. and Metropolitan Dade County; and
the City Commission's approval of the issuance of a
it will be the most feasible and suitable method to
site reservation; and
-----------------------
1. cINDED
3
tfD" BY; ---
TTACHN��1TS
CONTAINED
i
Cry COMSSION
m;EE'1 UM OF
OCT 24 1991
91--- 766
seauffm ft
Rescinded by 92-93
1
WHEREAS, Metropolitan Dade County's concurrence is required
as a signatory to the Revocable Permit agreeing not to impo
enforce any Deed restrictions running with the land w may
appear on the Deed of the area; -
NOW, THEREFORE, BE IT RESOLVED BY THE COMM ON O E CI
OF MIAMI, FLORIDA: _ '
Section 1. The recitals and
Preamble to this Resolution are ,
thereto and incorporated herein as
Section.
dings co inea in the
dopte y reference
ull forth in this
Section 2. it ana� is hereby authorized to
vocabl ermitl/ i form acceptable to the City
issue a Re ► P
1W
Attorney, to Bett Way, Inc for use of Beckham Hall located at
the souYrida
or of N hwest 8th Avenue and 28th Street,
Miami, the peration of a shelter for the homeless,
y a llary services, said permittee to pay an
for the use of the area in accordance with
conditions contained in said revocable permit.
This Resolution shall become effective
tely upon its adoption.
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 -
91- 766
Rescinded by 92-93
PASSED AND ADOPTED this 24th day of
ATTEST
i
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. LEGN
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY
CLL:gb:
r 1991.
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
AND
METROPOLITAN DADE COUNTY
TO
BETTER WAY, INC.
FOR THE USE OF
BECKHAM HALL
LOCATED AT
THE SOUTHWEST CORNER OF NORTHWEST 8 AVENUE
AND 28TH STREET
MIAMI, FLORIDA
Issued this day of , 1991.
ATTEST: CITY OF MIAMI, a municipal
corporation of the State of
Florida
CONTENTS
1. DESCRIPTION OF AREA
2. TIME
3. PURPOSE AND USE
4. FEE
5. LAWS APPLICABLE
6. DEED RESTRICTIONS
7. UTILITIES
S. NO ASSIGNMENT OR TRANSFER
9. CONDITION OF AREA
10. IMPROVEMENTS
11. MAINTENANCE
12. CITY'S RIGHT OF ENTRY
13. RISK OF LOSS
14. INDEMNIFICATION
15. INSURANCE
16. PERMIT EXPIRATION
17. GENERAL CONDITIONS
18. ADVERTISING
19. NONDISCRIMINATION
20. VIOLATIONS
21. TAXES
22. INTEREST CONFERRED BY PERMIT
23. AFFIRMATIVE ACTION
24. MINORITY/WOMEN BUSINESS UTILIZATION
25. ENTIRE AGREEMENT
26. AMENDMENTS AND MODIFICATIONS
27. COURT COSTS AND ATTORNEY'S FEES
CORPORATE RESOLUTION
s�.
�VOCABLE�T
1. DESCRIPTION OF AREA
The City of Miami (hereinafter referred to as the "CITY")
and METROPOLITAN DADE COUNTY, a political subdivision of the
State of Florida, (herein referred to as the "COUNTY") hereby
_., issues this revocable permit (hereinafter referred to as the
"PERMIT") to the BETTER WAY, INC., a Florida nonprofit
corporation, (hereinafter referred to as the "PERMITTEE") for the
purpose of and under the conditions hereinafter set forth,
i
permitting said PERMITTEE to use the area known as Beckham Hall,
located on the southwest corner of Northwest 8 Avenue and 28th
Street (hereinafter referred to as the "AREA") and legally
described as:
Tract "A" of DADE COUNTY YOUTH HALL TRACT a
subdivision in the West 1/2 of the NE 1/4 of the
SE 1/4 of Section 26, TWP 53 S, RGE 41 E Miami,
} Dade County, Florida according to the Plat
thereof recorded in Plat Book 62 at Page 96 of
the Public Records of Dade County, Florida, LESS
the West 270.00 feet thereof and LESS the South
r 100 feet thereof. Containing 2.4 acres more or
less.
j 2.
TIME -
This PERMIT shall be valid for a period of one year
commencing on the date of its issuance, unless otherwise revoked
as provided below. This PERMIT may be extended for additional
one year periods upon request of PERMITTEE, submitted in writing
at lease ninety days prior to the termination date, subject to
the approval of the City Manager. This PERMIT or any extensions
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..�
thereof, in addition to the termination which may result from or
under the provisions of Section 20 hereof, may also be terminated
by the City Manager, with or without cause, at any time by
delivery of a written notice of revocation, thirty (30) days
prior to revocation.
3. PURPOSE AND USA
The AREA shall be used by the PERMITTEE'to provide for the
operation of a shelter for the homeless, as well as any and all
ancillary services.
4. FEE
PERMITTEE shall pay for the use of the AREA a fee in the
amount of $1.00 per year.
5. LAWS APPLICABLE
PERMITTEE accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance 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, is a condition of this PERMIT, and PERMITTEE shall
comply therewith as the same presently exist and as they may be
amended hereafter.
p ; M
COUNTY hereby agrees not to impose or enforce any deed
restrictions running with the land which may appear on the Deed
of the AREA for such period of time during which this Revocable
Permit shall be in effect and not revoked in accordance with the
provisions contained herein.
7. UTILITIES
Unless otherwise provided herein, PERMITTEE shall provide
all utilities, including but not limited to, electricity, water,
gas, and sewage disposal. PERMITTEE shall be responsible for
all telephone charges.
8. NO ASSIGNMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
9. CONDITION OF AREA
PERMITTEE hereby accepts the AREA in its present condition
and shall maintain it in good condition, order and repair, except -
for casualty and reasonable wear and tear.
PrOVENEff.ru, .Gl-R_
PERMITTEE agrees that no construction, repairs, alterations
or improvements may be undertaken upon the AREA unless the plans:
A. Be first submitted to the Property and Lease
Manager for presentation and review by all departments
and offices of the CITY with jurisdiction, and
B. Be approved by the City Manager which approval
shall not be unreasonably delayed or denied, and
C. Be in compliance with all State, Dade County and
City of Miami rules and regulations, and any other
agency that may have jurisdiction in these matters.
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. All improvements and structures
constructed on the site shall become the property of the CITY.
The cost of 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 hereof.
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 10 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.
11. MAINTENANCE
PERMITTEE shall maintain 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 as long as PERMITTEE
continues to enjoy the privilege granted hereunder.
12. Crmv'S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
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representatives, or employees, shall have the right to enter the
AREA at any time, to examine and/or inspect the same.
13. RISK OF LOSS
PERMITTEE shall indemnify and save CITY harmless against all
risk of loss, injury or damage of any kind or nature whatsoever
i( to property now or hereafter placed on or within the AREA and all
1 risk of loss, injury or damage of any kind or nature whatsoever
1 to the contents of such building or improvements made by
i
PERMITTEE to the structure or structures, or to any goods,
I
1 chattels, merchandise or to any other property that may now or
i
hereafter be placed upon the AREA, whether belonging to PERMITTEE
i
or others, whether said loss, injury or damage results from fire,
hurricane, rising water or from any other cause or other
i
contingency, and whether the same be caused by the claimed
negligence of CITY or any of its employees, agents or otherwise,
7
and shall keep CITY harmless from all claims and suits growing
out of any such loss, injury or damage.
Y
!1
t
14. INDEMNIFICATION AND HOLD HARMLESS
PERMITTEE covenants and agrees that it shall indemnify, hold
,f harmless and defend CITY from and against any and all claims,
lsuits, 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
91— 766
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
the foregoing indemnification shall not apply if the claims,
costs, liabilities, suits, actions, damages or causes of action
arise from the negligence or willful misconduct of CITY or any of
its employees, agents or otherwise.
15. 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
a $500,000 for bodily injury liability. CITY shall be an
additional named insured on the policy or policies of
insurance.
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
jproperty damages.
91— 766
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C. The policy or policies of insurance required shall
be so written that the policy or policies may not be
cancelled or adversely changed without sixty (60) days
advance written notice to the City of Miami being
delivered to the Insurance Manager, City Attorney's
Office, One Southeast 3rd Avenue, Miami, Florida 33131.
D. Any other coverage deemed necessary in the course
of business including builder's risk for construction
and renovations, broad form property coverage on a
replacement cost basis and worker's compensation as
determined by State law.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property and Lease Management Office of
the CITY. Insurance policies required above shall be issued by
dompanies authorized to do business under the laws of the State,
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 Best's Key Rating Guide.
published by Alfred M. Best Company, Inc., Oldwick, New Jersey.
16. PERMIT EXPIRATION
At the expiration of the PERMIT period any privileges or
right granted hereunder shall terminate.
17. GENERAL CONDITIONS
A. All notices or other communications which may be
yi- 766
given pursuant to this PERMIT shall be delivered in
writing, b personal service or registered mail, and
i g� Y P
shall be addressed to CITY and PERMITTEE as follows:
F
CITY OF MIAMI PERMITTEE
City Manager Better Way, Inc.
Attn: Property & Lease Mgmt. c/o Beth Lang, Exec. Dir.
City of Miami 220 Northeast 24 Street
P.O. Box 330708 Miami, F1. 33137
Miami Florida
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.
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
j modified to the extent necessary in order to conform
�'" 766
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
,-J
in full force and effect. '2
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 grounds without having first obtained the written approval
i
of the City Manager or his designee. PERMITTEE hereby
i
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 PERMIT.
19. 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 and
i
improvements thereon.
20. 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,
this PERMIT is hereby revoked automatically without the need for
other or further action by CITY.
During the period of
PERMITTEE
and all taxes of whatever nature lawfully levied upon or assessed
against the AREA.
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.
23. 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 Vietnam era veterans. Such plan will '
include a set of positive measures which will be taken to insure
i
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.
24. MINORITYIWOMEN BUSINESS UTILIZATION
PERMITTEE, shall make every good faith effort to
purchase/contract fifty-one percent (51%) of its annual goods and
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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 of Miami and updates will be
routinely provided by the City's Office of Minority/Women
Business Affairs.
25. 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.
26. AMENDMENTS AND MODIFICATjONS
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 Commission.
27. 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
Revocable Permit to be applied for and has executed the following
by its duly authorized officers, as of this
, 1991.
ATTEST:
Corporate Secretary
APPROVED AS TO
INSURANCE REQUIREMENTS:
City of Miami
Risk Management
ATTEST:
COUNTY CLERK
RERMITTEE:
day of
BETTER WAY, INC., a Florida
not for profit corporation
(Seal)
D rector
METROPOLITAN DADE COUNTY, a
political subdivision of the
State of Florida
COUNTY MANAGER
CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI and METROPOLITAN DADE COUNTY has
agreed to enter into a Revocable Permit with BETTER- WAY , INC. a
Florida not for profit corporation, for the use of the AREA known
as Beckham Hall, located on the southwest corner of NORTHWEST 8th
Avenue and 28th Street, Miami, Florida ("AREA"); and
WHEREAS, BETTER WAY, INC. has agreed to accept this
Revocable Permit; and
WHEREAS, the Board of Directors of BETTER WAY, INC. has
examined the terms, conditions, and obligations of the attached
Revocable Permit with the CITY OF MIAMI, for the use of the AREA;
and
WHEREAS, the Board of Directors of BETTER WAY, 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
BETTER WAY, 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
METROPOLITAN DADE COUNTY for the price and upon the terms and
payments contained in the attached Revocable Permit submitted by
the CITY OF MIAMI.
IN WITNESS WHEREOF , this day of , 1991.
ATTEST:
By:
Secretary
BETTER WAY, INC., a Florida
not for profit corporation
By:
President
Board of Directors
91-- 766
15
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odl
City Manager
DATE OCT 1 51991 "LF
SUBJECT Resolution Authorizing
a Revocable Permit to
Better Way, Inc.
REFERENCES For City Commission
Meeting 10/24/91
ENCLOSURES.
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute a
Revocable Permit with Better Way, Inc. (Better Way) and in
conjunction with Dade County, a political subdivision of the
State of Florida, for the use of a City -owned property, commonly
known as Beckham Hall, located on the Southwest corner of
Northwest 8th Avenue and 28th Street at an annual fee of $1.00.
BACKGROUND
The Department of Development and Housing Conservation, Property
and Lease Management Division, pursuant to Motion 91-754 passed
on October 3, 1991, has prepared a Revocable Permit for Better
Way's use of Beckham Hall for the operation of a shelter for the
homeless as well as any and all ancillary services. The permit
shall be valid for a one year period and may be extended for
additional and separate one year periods at the annual fee of
$1.00. Dade County's concurrence is needed as a signator to the
Revocable Permit agreeing not to impose or enforce any Deed
restrictions running with the land which may appear on the Deed
of the Area.
Better Way, Inc. is a not -for -profit organization which, since
1983 has provided food, a home, medical and personal needs and a
program of recovery and rehabilitation to cover over 2,600
indigent homeless, chemically dependent individuals. The only
requirement for admission is a sincere desire to recover from
addiction and reenter the community as a sober, clean, productive
citizen. No other Miami program has such an open-door policy.
Better Way operates twenty-four (24) hours per day and serves
homeless male addicts/alcoholics over the age of eighteen (18),
regardless of ability to pay, race religion, sexual orientation,
criminal record or co -existing conditions of mental illness,
physical disability, HIV status, etc. From May, 1990 to May,
1991, Better Way provided 20,314 full days of residential care
for 231 clients. Approximately, forty (40%) per cent complete
the program and achieve alumni status.
91-- '766