HomeMy WebLinkAboutR-89-0192~ eT-89-184
RESOLUTION No. R9-192
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY
THE FORM ATTACHED, TO THE BROTHERS OF THE
GOOD SHEPHERD, INC. FOR USE OF THE PROPERTY
LOCATED AT 700-728 NORTHEAST FIRST AVENUE,
MIAMI, FLORIDA WHICH IS MORE PARTICULARLY AND
LEGALLY DESCRIBED ON EXHIBIT A OF THE
REVOCABLE PERMIT ATTACHED HERETO, FOR A
PERIOD TO COMMENCE UPON THE CITY'S
ACQUISITION OF THE SUBJECT PROJECT AND EXPIRE
TWENTY-FOUR (24) MONTHS THEREAFTER, FOR A FEE
OF $1.00 PER YEAR.
WHEREAS, the City intends to aoquire from the Brothers of
the Good Shepherd, Ino. the fee simple and leasehold interest in
the property looated at 700-728 Northeast First Avenue, Miami,
Florida whioh is more particularly and legally desoribed on
Exhibit A of the Revooable Permit attaohed hereto; and
WHEREAS, the Brothers of the Good Shepherd, Ino. is in need
of a faoility to provide servioes for the homeless until suoh
time as its new faoility is oonstruoted; and
WHEREAS, the City desires to a000mmodate the Brothers of the
Good Shepherd, Ino. by allowing said group to remain in the
subjeot property for a period of twenty-four (24) months after
the City aoquires said property, with the understanding that the
property will oease to exist as a "Satellite Feeding Station" for
the homeless within twelve (12) months after the aoquisition;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Seotion 1. The City Manager is hereby authorized to issue a
Revooable Permit, in substantially the form attaohed, to the
Brothers of the Good Shepherd, Ino. for the use of the property
looated at 700-726 Northeast First Avenue, Miami, Florida whioh
is more particularly and legally desoribed on Exhibit A of the
attaohed Revooable Permit. The period of said Revooable Permit
shall oommenoe upon the City's aoquisition of the subjeot projeot
ATTACH S'meENTu
CON"TAINED
e�epire t�►enty�four t months thereafter, with the
understanding that the subject property shall cease to e3tiet as a
00atellite Feeding Station" for the homeless within twelve
months after the acquisition, the fee for said Permit being $1.00
per year.
Seotion d. All reoitals and findings contained in the
preamble of this Resolution are hereby inoorporated by reference
thereto and are hereby adopted as if fully set forth in this
Beotion.
Seotion 3. This Resolution shall bsoome effeotive
�b
immediately upon its adoption pursuant to law.
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!- PASSED AND ADOPTED this 23rd day of Feb ru r 1989.
XAVIER L. SII Z, IAYOR
YHIRAI
CITY CLERK
K APPROVED AS TO FORM`
PREPARED AND APPROVED BY:
AND CORRECTNESS: `
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,� LI A K. KEARSON d0 E F ANDEZ
ASSISTANT CITY ATTORNEY CI ATTO BY
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8NOWN as CAMILLUS HOU
LOCATED at
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700-726 Northeast let Avenue
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MIAMI FLORIDA
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If ASSIGNMENT OR TRANSFER'
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$r. CONDITION OF AREA
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9. ALTERATION HY PERMITTEE Art
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10. MAINTENANCE �k'4
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11. CITY' S RIGHT OF ENTRY
19: RISK OF LOSS S 'Y
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13. INDEbINIVtCATION
14. 'INSURANCE 8
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` 18: PEACEFUL RELINQUISHMENT �►a ci rl
. 18 :' �GENBRAL CONDITIONS?
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ADVERTISING
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1`R . 'NONDISCRIMINATION
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19. VIOLATIONS�8
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21a. INTEREST CONFERRED BY PERMIT
22. COURT COSTS AND`ATTORNEY'S FEES $ 4Mi
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<aB . MODIFICATIONS` , J� file.�y,ryY
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The City of Miami (CITY) hereby issues thin Revocable Pert
to the Brothers of the Good Shepherd, Ino., a non-profit Florida
corporation, (PERMITTER), for the purpose and under the
oondition(s) hereinafter set forth, permitting said PERMITTER to
use the area desoribed as Camillus House looated at 700•-726
y.
apt-
t Northeast First Avenue, Miami, Florida, whioh is more
partioularly and legally desoribed in 8xhibit A, attached hereto, F
c!nxnITIONS
This Revooable Permit shall be valid for a period of twenty-
four (24) months oommenoing upon exeoution by the City Manager.
It is understood, however, that the Area shall osase to exist as
a "Satellite Feeding Station" within twelve (12) months of the _
issuance of the Revocable Permit. This Revooable Permit may be
�.. extended upon request of PERMITTER, submitted in writing at least
ninety (90) days prior to the expiration date, subject to .the
approval of the City Commission. This Revooable Permit or any
f..
to
extensions and renewals thereof may, the
is addition :
F
revocation whioh Yma result from or under the provisions of
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j -Seotion 19 hereof, also be revoked by the City Manager, with or
without oouse, by delivery of a written notioe of revocation
thirty (30) days prior to suoh revooation.
3 PURPOSE. r _
1i The Area shall be used by the PERMITTER to provide services =` ,.
In-
to the homeless
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PERMITTER shall not ohange or modify such use without
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x f prior written consent of the City Commission.
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4.
PERMITTER shall pay for the use ` of: the , ,Area;
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amount of one dollar 1.00) per year ;� ., �_. ; x �,
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e. LAWS erss�tceetst
PERMITTER aooepts this
Revocable
Permit
and
hereby
acknowledges that PERMITTRR'S
oomplianoe
with all
lags
of the
State of Florida, Ordinanoes of the City of Miami and Dade
County, Florida, pertaining to the operation and maintenanoe of
the Area, inoluding but not limited to building oodes and Zoning
TantrintiAna_ An A QonditInn of this RevoOable Permit. and
PERMITTER shall oomply therewith as the same presently exist and
as they may be amended hereafter,
6. ftTTT.TTT
IUnless otherwise provided herein, PERMITTER shall provide f`
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ii all utilities, including but not limited to, eleotrioity, water,
I
gas, and sewage disposal. Trash and garbage removal shall be at
the oost of PERMITTER. PERMITTEE shall be responsible for
telephoneLoharges.-
7. NO ASSIGNMENT OR TRANSFER:
1 PERMITTER oamnot assign or transfer its privilege of entry r
and use granted unto it by this Revooable Permit.
8. CONflITION OF AREA:
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PERMITTER hereby aooepts the Area in its present oonditioa_
and agrees to maintain it in the same or better oondition order:
and repair as it is in at this time, at the oost and expense of
the PERMITTER, exoept for reasonable wear and tear.
g, AL.TERATTONS/IMPROVEMENTS BY PERM1=:
A PERMITTER may not make any alterations, improvements is
or to the Area unless the plans: f=
1) Be first submitted to Property and Lease:
Management, for presentation and review by all::
departments and offioes of the CITY with
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jurisdiction, and 4 �,
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R): Be approved by the City Manager of the :City .of u
L Mimi, and {
a 3) Be in oom lianoe with all state, county and oi
fit
{ rules and regulations, and any others agenoy. ,that ri G
may have jurisdiction is these :matters.
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Any alterations or improvements made by PERNITTBg,
shall be made at the sole expense and oost of the
PBRNITTEE. The CITY shall not be responsible for
reimbursing the PERMITTEE for any expenses or
posts inourred in making suoh alterations or -
improvements upon the expiration or revooation of
this Permit.
B. PERMITTEE shall have the right to remove any movable
personal property or fixtures that it plaoes in or on 4
f
the Area. All alterations, improvements or
oonstruotion must be in oonformanoe with the provisions
of Seotion 5 hereof.
10. :
PERMITTER shall maintain the interior and exterior of the
t Area in good order and repair at all times, and in an attraotive,
F Olean and sanitary oondition during the period of this Revooable
Permit or any extension or renewal hereof.
11. CITY RIGHT OF ENTRY:
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter said t
" Area during all reasonable working hours, to examine and/or
inspeot the same.
12. RISK OF LOSS:
PERMITTER shall indemnify and save CITY harmless against all 4'
risk of loss, injury or damage of any kind or nature whatsoever
to property now or hereafter planed on or within said Area, and
all risk of loss, injury or damage of any kind or nature
0
whatsoever to the oontents of such building or improvements made :F
by PERMITTEE to the struoture or structures, or to any goods,
ohattels, merohandise or to any other property that may now or
hereafter be plaoed upon said Area, whether belonging to
PERMITTEE or others, whether said loss, injury or damage results
-'� from fire, hurrioane, rising water or from any other pause or 7
other oontingenoy, and whether the same be oaused by the olaimed r.<"
negligenoe of CITY or any of its employees, agents, or "otherwise, yes°
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and to keep CITY harmless from all claims and suits gro*iag out
Of any such loss, injury or damage.
13.
PERMITTER 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 Revocable
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 PERMITTER IS 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.
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14. INSURANCE•
I
j PERMITTER shall maintain throughout the period of this
Revocable Permit 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
'l combined single limit of at least $1,000,000 for bodily
=i
injury liability and property damage liability. CITY
shall be an additional named insured on the polioy 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
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policies of insurance shall contain a combined single
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ry
limit of at least $300,000 for bodily injury and
_
property damage.
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C. The policy or policies of insurance required shall be
b
so written that the policy or policies may not be_
a
canceled or materially changed without thirty (30) days
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advance written notice to the City of Miami
delivered to the Insurance Manager. General Servioes
Administration Department, 1390 NV 20 Street, Miami,
;
Florida 33142.
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—192 'fir 3
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and and to keep CITY harmless from all claims and suits growiftg Ott
of any such loss, injury or damage.
13. INDEMNIFICATION:
PERMITTER 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 Revocable
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 PERMITTER'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.
14. INSURANCR•
PERMITTER shall maintain throughout the period of this
Revocable Permit 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 $1,000,000 for bodily
injury liability and property damage liability. CITY
shall be an additional named insured on the policy or
policies of insurance.
s
H. Automobile liability insurance covering all owned, non-3
t
owned and hired vehicles used in conjunction with
operations covered by this agreement. The policy or
policies of insurance shall contain a combined single
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limit of at least $300,000 for bodily injury and
a;
property damage.
C. The polioy or policies of insurance required shall be
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so written that the policy or policies may not be
canceled or materially changed without thirty (30) days
advance written notice to the City of Miami being
_-
delivered to the Insurance Manager, General services
Administration Department,
Florida 33142.
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1390 NW 20 Street, Miami,
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A current Certificate of insurance showing the required coverage
shall be supplied to the Insurance Coordinator for the City at
One Southeast Third Avenue, Miami, Florida, 33131. 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 that class V as to financial strength, in a000rdanoe with
the latest edition of Beat's Key Rating Guide, published by
Alfred M. Best Company, Inc., 78 Fulton Street, New York, New
York.
18. PEACRFM RELINQIIISHMENT:
At the expiration of the Revocable Permit period, PERMITTER
shall, without demand, quietly and peaceably relinquish, its use
of the Area in as good condition as it is now, exoept for normal
wear and tear such relinquishment also being required, upon
demand of the City Manager, pursuant to the provisions of Seotion
19 hereof, or as provided in Section 2 or as may otherwise be -
directed
by CITY.
fi
16. GENERAL
CONDITIONS:
A.
All notioes or other oommunications whioh shall or may
be given pursuant to this Revocable Permit shall be
writing and shall be delivered by personal service, or
by registered mail addressed to CITY and PERMITTER at ff
the address indicated herein or as the same may be
changed from time to time. Such notioe 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 rt
S,
of actual reoeipt, whichever is earlier.
CITY OF MIAMI PBRMITTE11
City Manager Brother Harry Somerville•`
Attn: Property V Lease Mgmt. Brothers of the Good
City of Miami Shepherd, Inc.
P. 0. Box 330708 o/o Camillu® House
Miami, Florida 33233-0708 726 Northeast First Avenue
Miami, Florida ' t.
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ij i ((.J..t., 'it` } .-..K( Gr �6`�f y9r`� F'}.,�yi'ii ta. A.. .',✓ SfY .!21Sxi3,^JM.?tYi. <..'.5 \ 1 � ik. -
0: Title and paragraph headings are for oonvenient
reference and are not a part of this Revocable Permit.
�. xo waiver of a violation of any provision of this -
Revooable 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
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writing.
D. Should any provisions, paragraphs, sentences, words or
phrases oontained in this Revocable Permit be
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.�4
determined by a court of competent jurisdiction to be
5;+
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
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i
order to oonform with such laws, and the same may be
! deemed severable by the CITY, and in such event, the
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! remaining terms and conditions of this Revocable Permit -
shall remain unmodified and in full force and effeot.
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1
17. ADVERTISING•
! PERMITTER shall not permit any signs or advertising matter s
�? 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. CITY reserves the right to erect
or place upon the Area an appropriate sign indicating CITY•S_
having issued this Revocable Permit.`=
18.
t_
PERMITTER shall not disoriminate against any persons on
account of race, color, sex, religious oreed, anoestry, national.'
=; origin, mental or physical handicap, in the use of the Area.
19. yIQLATIQNS s
j If PERMITTER in any manner violates the restrictions and
5 h
conditions of this Revooable Permit, then, and in that event,, x
after ten (10) days written notioe given to PERMITTER by the
r within which to pease suoh violation or to correct such Manage
defioienoies, and upon failure of PERMITTER to so do after each'
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written notice, this Revocable Permit is hereby revoked
automatically without the need for other or further action by
CITY.
20. TA88S.:
During the period of this Revocable Permit, PERMITTER 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 Revocable Permit do not constitute a
lease and the rights of PERMITTER hereunder are not those of a
tenant. No leasehold interest in the Area is conferred upon -
PERMITTER under the provisions hereof.
22. COMT COSTS AND ATTORNEY'S FEES:
'x
4
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this Revocable
Permit, PERMITTER shall pay CITY'S court costs and attorney's
fees.
23. MODIFICATIONS: Q'
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City Manager.'
IN WITNESS WHEREOF, PERMITTER 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
1989. "-
ATTEST: PERMITTER:
BROTHERS OF THE GOOD SHEPHERD,
INC., a non profit Florida
' Corportion
i
By:
Corporate Secretary CSeal)
— APPROVED AS TO INSURANCE
REQUIREMENTS: r,
Insurance Coordinatorwi
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2/14/89 12:86 PM�
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i CITY OF MIAMI, FLORIDA '
` INTER -OFFICE MEMORANDUM
FILE
DATE : February 15, 1989
t°` Honorable Mayor and Members
of the City Commission SUBJECT : g Ff'
A enda Items re:
Camillus House
7 •�i1C�
REFERENCES n �4—
FROM Jorge L• Fernandez
:
City Attorney
ENCLOSURES:
j.
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Transmitted herewith for your approval at the Gity a—
.,
scheduled for February 23. 1989 `'arei the
Commission meeting
following documents regarding the Camillus House. acquisitions
1 iy
l Agreement of Purchase and Sale
' 2. Social Services Grant Agreement`
r
3, Revocable Permit
The most significant provisions of 'the respective dorum+a�ntsztkh�r
are: r �_
hI I,tT 'Ps'U
1. AGREEMENT OF PURCHASE AND SALE:
t
a• Paragraph 7 (b)
t
The closing is scheduled to take"placebetween 'March
1989 and April 30, 1989 unless an alternative date i`s
#scheduled. It is important to note that this Agreement =
j has to be approved by the Holy See, which will take ,xE
;approximately ninety (90) days. h
2
Z k
b Paragraph 7(e)
All . recording and cto e pa
losing costs are bid bythefz
roximate $12 j00 .00. n ;
,.; city* Such costs may aPP kf
c. Paragraph 7 (g)To
r -
_e Brothers of the Goad Shepherd. Inc. (I3elte,�,;�,
r, ! xsmains in possession of -the Property for twenty;Il�
r .
� 4� ,months after the Closing
Date*, but, "the "$Isar' x
f Ali Stetop." s to . _ be ; d i�scont inued ����
of r the Closing Date. } 'jai
t 2) month to
!' S /pF S NIX { •r i d ii j' = t « di : 7 j X .ti k g i ! i 7 �^ 1 A.t^� �Yx _ __
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WWW - S J r 2 p
14
Hsnorabla Mayor and ' Membars Februet'p 15 19
ofi'the City Commission Page`2
d ,..; Paragraph 7(h)
�{ Seller will assign its leasehold interest to the City
for $300,000. There are approximately fifty-four (54�
years remaining on the lease.
�1 e. Paragraph 8 Purchase Price
The City will pay $1.5 million for the Property, to
include $1.3 million.for the fee interest and $300,000 f.
.. " for the leasehold interest. The compensation shall be
u
paid i'n•the"following increments: _ `r
(i) Five Hundred Thousand Dollars ($ 500,;000) . •. on
the Closing, ;Date:
�-
(i f) Five' Hundred Thousand Dollars ($ 500,000) °ni�c
months •from 'the Closing 'Date.
,, =i+ii)• Five' Hundred Thousand Do1'lar6, ($500,000) on
(u
�. year from the Closing Date.
:.:
Furthermore, the compensation -has to be used for local'
z r
x programs and services..... As of;this writing, the funding
source for the acquisition has not been identified. Fig,
f, Paragraph 21(b) fsa-rY
The 'City has.to pay for an environmental assessment to �K
be conducted at the Property within ninety (90) days of K �t�
the execution of the Agreement to determine if there
are hazardous materials, waste or toxic substances ir`n
present. I' the event hazardous materials, waste o w=
4 toxic` -substances "'are found, the City may(l) void
'e Agreement, (2) pay.for the removal or elimination or.A
tk' deduct the costs of he°same from{ the Purohase�Pices
x , X4
Paragraph 27 Attorneys SFees
x rwlpity` s, to pay ;the Seller's attorneys' ���sNm
fifteen Thousand Dollars
�fl.,j f _. ':L� �a`.�`° : Z'f3a �4.�'r �"-� t ,. t �'' •,�v �, y ¢r !.{`P� . a.t 14 ii'�+e�-� �'Ma. i �,�ai r�rs;�M�:
: -f .. -.._ __ __ -. - S l� � ., r1 �,X ��•ry is
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`"Holftorable tMayor and Members
Fbpua,ry 15 r �1989 .
4, :of the City Commission Page 3
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..26 SOCIAL SERVICES GRANT AGREEMENT:
e
'Ph rrdd{j
r a. Paragraph 2.1- Time of _Performance`
f s S
- The term is from the first' anniversary -. of the a
acquisition of the Property for five. -years, -or until the
1 h
grant amount has been .fully paid, whichever first? r
i
occurs•
b. Paragraph 2.3 Obligation of Grantee ~a�
The :brothers of,•the :Good Shepherd. Inc. ("Grantee's"),
by the
work program has to be approved City.
1 1 � r
c. Paragraph 3.1 Compensation { r:
The grant amount is $500,0.0.0;. to be paid in
r increments °of at least $100,000. The . amount>
nexement ma be increased if:• ;funds: are .available,
v
Y : r�
of this writing, the revenue source for the grant; has vb
not been identified. The grant has to be used
Grantee's local programs and services for the homeless.:
d,. =`Paragraph 3.4 Recapture of Funds
The grant amount is:to to be reimbursed to;: the City if the : z%a
F 9 � cx4
} Grantee does not comply with the terms of, the Agreement; 3f
or does not comply with federal, state, or local
regulations.
I e. Paragraph 4.11 Termination. of Contract rk a t5jr
City-. has `•the right
to terminate..the Agreement,ix 4i
ti'i , r r P r lr� •.
tk °ponalt if Grantee defaults.
Y`-
?'Plerase Ise advised that: this Agreement will-be-MOd! 1
4<,> a i• Community. Dovelopment Block Grant .fundh are uE�
y ,<inbotporate> additional federal requir�amen_ A-.
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ItEVOCABLEa PERMIT; r y t£
TfY z '4 tt. 1 Z Deacrigtion of Area a ,
S
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v's : •4 ,+'.5 iL't x6'
't • slta
K a Tbs BrQ hersr at y:the Good Shepherd
remain at Camillus House a tee
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Honorable.
Mayor and, Members February 15,� 190.9'.
of. the. City Commission - Page 4`
b.
Paragraph 2.<Time
r.
The. Permit is for twenty-four (24) months` with
understanding that Permittee has to discontinue the
"Satellite Feeding Station" within twelve (12) months
after the Property is purchased. The City Commission
has to approve any extension of time.
1 , ,
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Paragraph 6. Utilities
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A11 utilities, trash and garbage removal, and telephone tf4w
charges are the responsibility of the Permittee.zX
d.
Paragraph 9. Alterations/Improvements by Permittee..�4vQ
`
All alterations and improvements to the Property •are, 7;
subject to the City's approval. The City, however,
does not have to reimburse the Permittee for . such w y qtx
QF'A
alterations and improvements upon the expiration
�T
ti
Permit. c
e.
is
Paragraph 12. Risk of Loss 3 ^f#
Permittee shall indemnify and save City harmlessYx,
WE
or damage to the }`{
against all risk of loss, injuryF �
c
property for as long as Permittee is in possession of E.yr
the property. r t
Paragraph 13. Indemnification
''defend
Permittee shall indemnify, hold, harmless, and sti
3 xx,
the City from and against any and allclaims; suits
actions, damages or causes of action ` resul.ting or
Permittee's use or operations of'the Property. r r�
w _ 9•
Paragraph 14. Insurance Ek?
Permittee is- to have (i)'
required general
insurance of at least $1400 000 for; bOd ..Ly...i,n5���,�,
liability and property damage ],lability
automobile IiabiIity insurance of at leaat $30QrOQt1#
h
b4lily' injury and property ciannnge• The Ci rX
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named. ae an .additional. �tnsured
i
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W ,•,•R�a � .� �, 4*n� t' r
$ P � 4:C�,ri xt
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Honorable Mayor and Membees
Pebroary 15i.19$
of the City Commission
page 5
h. ;Paragraph 19.
zr The City Manager can revoke the Revocable Permit should
the Permittee violate its
restrictions and conditions. r
If additional information is
needed regarding the above
referenceddocuments, please advise.
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Enclosure
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