HomeMy WebLinkAboutR-90-0924J-90-1010
11/20/90
RESOLUTION NO. 9 0- 924
A RESOLUTION, WITH ATTACHMENT(S), APPROVING
THE USE OF LOTS 17-20 OF THE CITY -OWNED
CURTIS PARK BY THE ALLAPATTAH COMMUNITY
ACTION, INC. DAY CARE CENTER, FOR THE
DEVELOPMENT OF A CHILD CARE FACILITY; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE PERMIT, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE USE OF LOTS 17-20 IN
CURTIS PARK LOCATED AT 1901 NORTHWEST 24
AVENUE, MIAMI, FLORIDA, FOR THE
AFOREMENTIONED PURPOSE; FURTHER STIPULATING
THAT ANY AND ALL STRUCTURES AND/OR
IMPROVEMENTS ON THE SITE SHALL BECOME THE
PROPERTY OF THE CITY IMMEDIATELY UPON THEIR
COMPLETION.
WHEREAS, on February 9, 1989, representatives of the
Allapattah Community Action, Inc. made a personal appearance
before the City Commission to apply for use of City -owned space
in Curtis Park, located at 1901 Northwest 24 Avenue, Miami,
Florida, for the establishment of a child care center; and
WHEREAS, Resolution No. 89-173 approved, in principle, the
use of the subject property for the aforementioned purpose and
further provided that actual use of said park shall not be
authorized without final approval of the City Commission; and
WHEREAS, the City Commission's approval of the issuance of a
revocable permit for use of Lots 17-20 in Curtis Park, will be
the most feasible and suitable method to accomplish site
reservation; and
WHEREAS, the Allapattah Community Action, Inc. Day Care
Center has secured financing for the construction for the
proposed facility; '
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.
ATTACHMENTS
CONTAINED
CITY COMMISSION
MEETING OF .,
DEC 6 1990
� 924
4P 0
Section 2. The Allapattah Community Action, Inc. Day
Care Center's request for use of Lots 17-20 in the Curtis Park
site for the purpose of constructing a community child care
facility on said property is hereby approved.
Section 3. The City Manager is hereby authorized to
issue a revocable permitl/, in substantially the attached form,
to the Allapattah Community Action, Inc. Day Care Center for use
of Lots 17-20 of City -owned space in the Curtis Park site,
located at 1901 Northwest 24th Avenue, Miami, Florida, in
accordance with said Permit for the development of a proposed
community child care facility.
Section 4. Any and all structures and/or improvements
constructed on the site by the Allapattah Community Action Inc.
Day Care Center site shall become the property of the City
immediately upon their completion.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 6th day of December , 1990.
< �L :4::,
XAVIER .,SJdAREZ,,%AYOR
M)WrY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
,�g -
A. VICKY LEIV
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND gORRECTNESS:
JORGE L. FE ANDEZ �"
�-
CITY ATTORN Y
AVL:gbzMIS96
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 - 90- 924
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
TO
ALLAPATTAH COMMUNITY ACTION, INC. DAY CARE CENTER
FOR THE USE OF LOTS 17-20
IN CURTIS PARK
LOCATED AT 1901 NORTHWEST 24 AVENUE
MIAMI, FLORIDA
Issued this day of , 1990.
ATTEST: CITY OF MIAMI, a municipal
corporation of the State of
i Florida
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
94- 924,
CONTENTS
1.
DESCRIPTION OF AREA
3
2.
TIME
3
3.
PURPOSE AND USE
3
4.
FEE
3
5.
LAWS APPLICABLE
3
6.
UTILITIES
4
7.
NO ASSIGNMENT OR TRANSFER
4
8.
CONDITION OF AREA
4
9.
IMPROVEMENTS
4
10.
MAINTENANCE
5
—
11.
CITY'S RIGHT OF ENTRY
5
i
a
12.
RISK OF LOSS
5
13.
INDEMNIFICATION
6
14.
INSURANCE
6
15.
PEACEFUL RELINQUISHMENT
7
16.
GENERAL CONDITIONS
7
17.
ADVERTISING
8
18.
NONDISCRIMINATION
9
19.
VIOLATIONS
9
20.
TAXES
9
21.
INTEREST CONFERRED BY PERMIT
9
22.
AFFIRMATIVE ACTION
9
23.
MINORITY/WOMEN BUSINESS UTILIZATION
10
24.
ENTIRE AGREEMENT
10
25.
AMENDMENTS
10
26.
COURT COSTS AND ATTORNEY'S FEES
10
—
27.
MODIFICATIONS
10
EXHIBIT 1
CORPORATE RESOLUTION
90-- 924
n
11
WAILOWA.v
1. I.$CRIPTION OF_ AREA
The City of Miami (hereinafter referred to as the "CITY")
hereby issues this revocable permit (hereinafter referred to as
the "PERMIT") to the ALLAPATTAH COMMUNITY ACTION, INC. DAY CARE
CENTER, a Florida nonprofit corporation, (hereinafter referred to
as the "PERMITTEE"), for the purpose of and under the conditions
hereinafter set forth, permitting said PERMITTEE to use Lots 17-
20 CURTIS PARK, located at 1901 Northwest 24 Avenue, Miami,
Florida (hereinafter referred to as the "AREA") which is
described in Exhibit 1 attached hereto and made a part hereof.
E0�1DIT�OI�S_
2. TINE
This PERMIT shall be valid for a period of ten years
commencing on the date of its issuance, unless otherwise revoked
as provided below. This PERMIT shall be reviewed and
reconsidered by the City Commission every two years. This PERMIT
or any extensions and renewals thereof, in addition to the
termination which may result from or under the provisions of
Section 19 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 USE
The AREA shall be used by the PERMITTEE to provide low cost
day care services to area residents.
i 4. FEE
PERMITTEE shall pay for the use of the AREA a fee in the
amount of $100 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,
3 90- 924
pertaining to the operation and maintenance of the AREA,
including but not limited to building codes and zoning
restrictionsp is a condition of this PERMIT, and PERMITTEE shall
comply therewith as the same presently exist and as they may be
amended hereafter.
6. 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
telephone charges.
7. NO ASSIGNMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
8. CONDITION OF AREA
i 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, or in better condition
improved pursuant to Section 9.
9. IMPROVEMENTS
PERMITTEE agrees that no construction, repairs, alterations
or improvements may be undertaken upon the AREA unless the plans:
i 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. 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.
4 90- 924-
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 9 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 and sanitary condition
during the period of this PERMIT or any extension or renewal
hereof.
M . _91WNAN
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter the
AREA during all reasonable working hours, to examine and/or
inspect the same.
12. RISK OF LOSS
PERMITTEE shall indemnify and save CITY harmless against all
'' . I' ' risk of loss, injury or damage of any kind or nature whatsoever
to property now or hereafter placed on or within the 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
i
hereafter be placed upon the 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
94-- 924
5
�i �
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.
13. �1MNIFI�ON AND _NOI,DARN_ZLESS
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
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.
14. INSURANCE
PERMITTEE shall maintain throughout the period of this
1..1,1 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. CITY shall be an
i
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
1 _ 1. i property damages.
6 9a-- 924
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, Risk Management
Department, 174 E. Flagler Street, 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
companies 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.
i
15. PEACEFUL RELINQUISHMENT
At the expiration of the PERMIT period, PERMITTEE shall,
without demand, quietly and peaceably relinquish, surrender and
deliver up possession of the AREA in as good condition as it is
now, except for normal wear and tear. Peaceful relinquishment is
also required pursuant to the provisions of Section 19 hereof, or
as provided in Section 2 hereof or as may otherwise be directed
by CITY.
If this PERMIT is revoked, it is understood by all parties
that upon such surrender all improvements made to the AREA shall
be conveyed to, and become the property of, the CITY.
16. GENERAL CONDITIONS
A. All notices or other communications which may be
given pursuant to this PERMIT shall be delivered in
writing, by personal service or registered mail, and
7 90- 924
LA
13
i
11 shall be addressed to CITY and PERMITTEE as follows:
QUY OF MIAMI
City Manager
Attn: Property & Lease Mgmt.
City of Miami
P.O. Box 330708
Miami, Florida
PERM M—EE
Allapattah Community Action,
Inc. Day Care Center
c/o Orlando Urra
2257 N.W. No. River Drive
Miami, Fl. 33125
Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day
i
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
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.
17.' ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of the
i
AREA 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.
s;t vjj
90 92
' 18. NOI3p�SC�,I�INQ�L
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
improvements thereon.
19. VIDJ ATi.RN-
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.
20. 6
During the period of this PERMIT, PERMITTEE shall pay any
and all taxes of whatever nature lawfully levied upon or assessed
against the AREA.
21. 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.
:_4_. lout WAqo•
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
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
i
their operation is in compliance with all relevant Civil Rights
laws and regulations.
9 90- 924
1. 2 3 . M,N_08�X/�o_M13�tLS�dS UZ_b 01�
PERMITTEE, shall make every 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
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.
24. 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.
25. AMENDMENTS
No amendments to this PERMIT shall be binding on either
party unless in writing and signed by both parties.
26. 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.
27. MODIFICATIONS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City
Commission.
IN WITNESS WHEREOF, PERMITTEE has hereunto caused this
`i Revocable Permit to be applied for and has executed the following
90- 924
10
m
by its duly authorized officers, as of this
1990.
day of
ATTEST: PERMITTEE:
ALLAPATTAH COMMUNITY ACTION,
INC. DAY CARE CENTER, a
Florida not for profit
corporation
(Seal)
Corporate Secretary Director
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance coordinator
11 90- 924
CORPORATE RESOLUTION
WHEREAS,. the CITY OF MIAMI has agreed to enter into a
Revocable Permit with ALLAPATTAH COMMUNITY ACTION, INC. DAY CARE
CENTER, a Florida not for profit corporation, for the use of Lots
17-20 located in CURTIS PARK, 1901 Northwest 24 Avenue, Miami,
Florida ("AREA"); and
WHEREAS, the ALLAPATTAH COMMUNITY ACTION, INC. DAY CARE
CENTER has agreed to accept this Revocable Permit; and
WHEREAS, the Board of Directors of the ALLAPATTAH COMMUNITY
ACTION, INC. DAY CARE CENTER have 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 the ALLAPATTAH COMMUNITY
ACTION, INC. DAY CARE CENTER, at a duly held corporate meeting,
have considered the matter in accordance with the bylaws of the
i
corporation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
the ALLAPATTAH COMMUNITY ACTION, INC. DAY CARE CENTER, 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 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 , 1990.
ALLAPATTAH COMMUNITY ACTION,
INC. DAY CARE CENTER, a
Florida not for profit
corporation
By:
President
Board of Directors
Secretary
90- 924
E
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members of
TO The Citv Commission
FROM Cesar H. Odlo
City Manager
DATE NOV 2 71990 FILE .
Resolution Authorizing
SUBJECT Revocable Permit for
Allapattah Community
Action Day Care Center
REFERENCES.
For City Commission
ENCLOSURES Meeting of 12/ 6 /90
It is respectfully recommended that the City Commission adopt a
resolution authorizing the issuance of Revocable Permit to
Allapattah Community Action, Inc. Day Care center for the purpose
of providing low cost day care services to residents of the
Allapattah area.
The Property & Lease Management Division, Department of
Development and Housing Conservation, has prepared a Revocable
Permit to be issued to Allapattah Community Action, Inc. Day Care
Center. This organization is a nonprofit corporation which
possesses the professional expertise to adequately meet the
particular needs of Allapattah area residents.
Allapattah Community Action, Inc. Day Care Center applied for use
of City -owned space in Curtis Park, located at 1901 Northwest 24
Avenue for the establishment of a child care center. The City
Commission approved this request, in principle, on February 90
1989, in accordance with Resolution 89-173. The Allapattah
Community Action, Inc. Day Care Center is the recipient of a
State of Florida appropriation in the amount of $300,000 for the
construction for the child care facility.
It is recommended that a Revocable Permit be issued to Allapattah
Community Action, Inc. Day Care Center at a $100 per year fee.
Attachments:
7 �
Resolution
Revocable Permit
90- 924