HomeMy WebLinkAboutR-90-0853J-90-940
11/8/90
RESOLUTION NO. () t) _ 85 3
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
USE OF SPACE OF THE CITY -OWNED ALLAPATTAH
RESIDENTIAL MINI PARK SITE, LOCATED AT 1500
NORTHWEST 16TH AVENUE, MIAMI, FLORIDA, BY THE
ALLAPATTAH-WYNWOOD DEVELOPMENT CORPORATION,
FOR THE DEVELOPMENT OF A CHILD CARE FACILITY;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A REVOCABLE PERMIT, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR USE OF SPACE IN THE:
SUBJECT PROPERTY FOR THE AFOREMENTIONED
PURPOSE; FURTHER STIPULATING THAT ANY AND ALL
STRUCTURES CONSTRUCTED ON THE SITE SHALL
BECOME THE PROPERTY OF THE CITY IMMEDIATELY
UPON THEIR COMPLETION.
WHEREAS, on
November 17,
1988, representatives
of the
Allapattah-Wynwood
Development
Corporation made a
personal
appearance before the City Commission to apply for use of City -
owned space in the Allapattah Residential Mini Park, located at
1500 Northwest 16 Avenue, Miami, Florida, for the establishment
of a child care center; and
WHEREAS, Resolution No. 89-42 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 City -owned space in the Allapattah
Residential Mini Park will be the most feasible and suitable
method to accomplish site reservation; and
WHEREAS, the Allapattah-Wynwood Development Corporation has
secured financing for the commencement of 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.
ATTACH MD'ITs
coNTAeIN' Ea
CITY C010MION
MEETING OF
NOV B "
Section 2. The City Manager is hereby authorized to issue a
revocable permitl/ in substantially the attached form, to the
Allapattah-Wynwood Development Corporation for use of City -owned
space in the Allapattah-Wynwood Development site, located at 1500
Northwest 16th Avenue, Miami, Florida, in accordance with said
Permit for the development of a proposed community child care
facility.
Section 3. Any and all structures and/or improvements
constructed on the Allapattah-Wynwood Development site shall
become the property of the City immediately upon their
completion.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of ___jlovembez-'-\ , 1990.
XAVIER Lor- SJIAREZ, -MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
i
j A. VICKY-LEI-VA-
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
AVL/pb/bss/M1860
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.
90--- 853
REVOCABLE PERMIT
NO.
ISSUED BY THE
CITY OF MIAMI, FLORIDA
TO
ALLAPATTAH-WYNWOOD DEVELOPMENT CORPORATION
FOR THE USE OF SPACE
IN ALLAPATTAH MINI PARK
LOCATED AT 1500 NORTHWEST 16TH AVENUE
MIAMI, FLORIDA
Issued this
ATTEST:
Matty Hirai
City Clerk
day of , 1990.
CITY OF MIAMI, a municipal
Corporation of the State
of Florida
Cesar H. Odio
City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
SEGUNDO PEREZ JORGE L. FERNANDEZ
INSURANCE MANAGER CITY ATTORNEY
JO- 853
CONTENTS
1. DESCRIPTION OF AREA ...........................
2. TIME ..........................................
3. PURPOSE AND USE ...............................
4. FEE ...........................................
5. LAWS APPLICABLE ...............................
6. UTILITIES .....................................
7. NO ASSIGNMENT OR TRANSFER .....................
8. CONDITION OF AREA .............................
9. IMPROVEMENTS ..................................
10. MAINTENANCE ...................................
11. CITY'S RIGHT OF ENTRY .........................
12. RISK OF LOSS ..................................
13. INDEMNIFICATION AND HOLD HARMLESS .............
14. INSURANCE .....................................
15. PEACEFUL RELINQUISHMENT .......................
16. GENERAL CONDITIONS ............................
17. ADVERTISING ...................................
18. NONDISCRIMINATION .............................
19. VIOLATIONS ....................................
20. TAXES .........................................
21. INTEREST CONFERRED BY PERMIT ..................
22. AFFIRMATIVE ACTION ............................
23 MINORITY/WOMEN BUSINESS UTILIZATION ...........
24. COURT COSTS AND ATTORNEY'S FEES ...............
25. MODIFICATION ..................................
ATTACHMENT"A" (COMPOSITE) ........................
PAGE
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90-- 853
a
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REVOCABLE PERMIT
1. DESCRIPTION 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-WYNWOOD DEVELOPMENT CORPORATION,
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 space in
the ALLAPATTAH MINI PARK, 1500 Northwest 16th Avenue, Miami,
Florida (hereinafter referred to as the "AREA") which is
described in Exhibit 1 attached hereto and made a part hereof.
CONDITIONS
2. TIME
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 during said
ten year period. 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 to PERMITTEE of a written notice of revocation, thirty
(30) days prior to the date of revocation.
3. PURPOSE AND USE
The AREA shall be used by PERMITTEE to provide low cost day
care services to residents of the Allapattah AREA.
4. FEE
PERMITTEE shall pay for the use of the AREA a fee in the
amount of $1.00 per year.
5. LAWS APPLICABLE
The 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,
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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 the 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
PERMITTEE hereby accepts the AREA in its present condition,
order and repair, except for casualty and reasonable wear and
tear, or in better condition improved pursuant to Section 9.
9. IMPROVEMENTS
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 upon their completionand 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.
90- 853
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40
REVOCABLE PERMIT
1. DESCRIPTION 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-WYNWOOD DEVELOPMENT CORPORATION,
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 space in
the ALLAPATTAH MINI PARK, 1500 Northwest 16th Avenue, Miami,
Florida (hereinafter referred to as the "AREA") which is
described in Exhibit 1 attached hereto and made a part hereof.
CONDITIONS
2. TIME
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 during said
ten year period. 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 to PERMITTEE of a written notice of revocation, thirty
(30) days prior to the date of revocation.
3. PURPOSE AND USE
The AREA shall be used by PERMITTEE to provide low cost day
care services to residents of the Allapattah AREA.
4. FEE
PERMITTEE shall pay for the use of the AREA a fee in the
amount of $1.00 per year.
5. LAWS APPLICABLE
The 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,
-3- 9 0 - 853
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 the 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.
B. CONDITION OF AREA
PERMITTEE hereby accepts the AREA in its present condition,
order and repair, except for casualty and reasonable wear and
tear, or in better condition improved pursuant to Section 9.
9. INPROVENENTS
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 upon their completionand 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- 853
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 in on the AREA. All
alterations, additions, partitions or improvements must be in
conformance with the provisions of Section 9 hereof.
PERMITTEE also shall 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
The 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 renewal hereof.
11. CITY'S RIGHT OF ENTRY
The 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. RISK OF LOSS
The PERMITTEE shall indemnify and save harmless the CITY
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 against 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 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 negligence of the CITY or any of its employees, agents,
or otherwise, and to keep harmless the CITY from all claims and
suits growing out of any such loss, injury or damage.
13. INDEMNIFICATION AND HOLD HARMLESS
The PERMITTEE shall indemnify, hold harmless, and defend the
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 the 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 requirement 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,
The 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. 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 Permit. The policy or
policies of insurance shall contain a combined single
limit of at least $300,000 for bodily injury and
property damage.
90- 853
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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, 174 East Flagler
Street, Olympia Building, 7th Floor, 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 & 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.
15. PEACEFUL RELINQUISBKENT
At the expiration of the PERMIT period, PERMITTEE shall,
without demand, quietly and peacefully 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 the CITY.
If this PERMIT is revoked 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 shall or may
be given pursuant to this PERMIT shall be delivered in
writing, by personal service, or by registered mail,
and shall be addressed to the CITY and PERMITTEE
follows:
CITY OF MIAMI
City Manager
Atten: Property & Lease
Management
City of Miami
P.O. Box 330708
Miami, Florida 33133
Allapattah-Wynwood
Development Corporation
c/o Herbert S. Fonseca
2655 Northwest 22nd Court
Miami, Florida 33142
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 condition of this
PERMIT shall constitute a waiver of any subsequent
violation of the same or any other conditions herein,
and no waiver shall be effective unless made in writing
and approved by the City Commission.
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 conditions
of this PERMIT shall remain unmodified and in full
force and effect.
90- 853
17. ADVERTISING
The 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. The CITY reserves the right
to erect or place upon the AREA an appropriate sign indicating
the CITY's having issued this PERMIT.
18. 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
the improvements thereon.
19. VIOLATIONS
If the 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 the PERMITTEE by the City Manager
within which to cease such violation or to correct deficiencies,
and upon failure of PERMITTEE to so do after such written notice,
this PERMIT is hereby revoked automatically without the need for
other or further action by the CITY.
20. 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.
21. INTEREST CONFERRED BY PERMIT
The provisions of this PERMIT do not constitute a lease and
the rights of the PERMITTEE hereunder are not those of a tenant.
No leasehold interest in the AREA is conferred upon the PERMITTEE
under the provisions hereof.
22. 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,
_9-
90- 853
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the handicapped, and Vietnam era veterans. Such plan will
include a set of positive measures which will betaken 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 Settlement of Assurance indicting that
their operation is in compliance with all relevant Civil Rights
laws and regulations.
23. MINORITY/WOMEN BUSINESS UTILIZATION
PERMITTEE, shall make every good faith effort to
purchase/contract fifty-one percent (51%) of its annual goods and
services requirements from Hispanic, Back 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.
26. COURT COSTS AND ATTORNEY'S FEES
In the event that it becomes necessary for the CITY to
institute legal proceedings to enforce the provisions of this
PERMIT, PERMITTEE shall pay the CITY's court costs and attorney's
fees.
27. MODIFICATION
The conditions contained herein shall not be modified unless
said modifications are made in writing by the City Commission.
IN WITNESS WHEREOF, the PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has executed the following
by its duly authorized officers, as of this day of
, 1990.
ATTEST:
Corporate Secretary
ROD/pb/M239
10/31/90 2:03 PM
PERMITTEE:
ALLAPATTAH-WYNWOOD DEVELOPMENT
CORPORATION, a Florida not for
profit corporation
By:
Director (Seal)
-10- yd'" 853
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUN CA=9
CyA r ^
Honorable Mayor and Members of ���� �"� `t3' FILE:
TO The Citv Commission DATE
FROM: A���
Cesar H. Odio
City Manager
Resolution Authorizing
SUBJECT : Revocable Permit for
Allapattah-Wynwood
Development Corporation
REFERENCES:
For City Commission
ENCLOSURES :Meeting of Nov - 8, 1990
RECOMMENDATION
It is respectfully recommended that the City Commission adopt a
_ resolution authorizing the issuance of Revocable Permit to
Allapattah-Wynwood Development Corporation 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-Wynwood Development
Corporation. This organization is a nonprofit corporation which
possesses the professional expertise to adequately meet the
particular needs of Allapattah area residents.
Allapattah-Wynwood Development Corporation applied for use of
city -owned space in the Allapattah Residential Mini Park, located
at 1500 Northwest 16 Avenue for the establishment of a child care
center. The City Commission approved this request, in principle,
on January 12, 1989, in accordance with Resolution 89-42. The
Allapattah-Wynwood Development Corporation is the recipient of a
State of Florida appropriation in the amount of $150,000 for the
commencement of construction for the child care facility.
It is recommended that a Revocable Permit be issued to
Allapattah-Wynwood Development Corporation at a $1.00 per year
fee.
Attachments: Resolution
Revocable Permit
�b
90- 853