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HomeMy WebLinkAboutR-88-0298J-S8/46 3,/28/ RESOLUTION NO. W 296 A RESOLUTION AUTHORIZING THE CITY MANAGER'S ISSUANCE OF A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MICHAEL ALAN WOLF MEMORIAL CONCEPT HOUSE, A NON-PROFIT CORPORATION, TO ALLOW THE USE OF CITY -OWNED PROPERTY LOCATED AT 4850 NORTHEAST SECOND AVENUE, MIAMI, FLORIDA, FOR ADMINISTRATIVE OFFICES AND AN OUTPATIENT DEPARTMENT IN CONNECTION WITH ITS SUBSTANCE ABUSE PROGRAM, AT A USER FEE OF $100.00 PER YEAR; SAID PERMIT BEING FOR AN INITIAL ONE-YEAR PERIOD, WITH SUCCESSIVE AUTHORITY BEING GIVEN FOR SAID PERMIT TO REMAIN VALID FOR ONE-YEAR PERIODS, SUBJECT TO THE CITY MANAGER'S APPROVAL. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to issue a Revocable Permit, in a form acceptable to the City Attorney, to Michael Alan Wolf Memorial Concept House, a non-profit corporation, for the use of city -owned property located at 4850 Northeast Second Avenue, Miami, Florida, for administrative offices and an outpatient department in connection with its substance abuse program, at a user fee of $100.00 per year; said permit being for an initial one-year period, with successive authority being given for said permit to remain valid for one- year periods, subject to the City Manager's approval. PASSED AND ADOPTED THIS 14th day of A ril. 1988. XAVIER L. SUAIRn., MAYOR ATT MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: 444�!g x� ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVE[y 4S TO FORM AND CORREC BSS: CITY ATTORNEY CITY COMMISSION MEETING OF APR 14 1988 Na e P NVOCASLE PERMIT NO. ISSUED BY THE CITY OF MIAMI FC91 MICHAEL ALAN WOLF MEMORIAL CONCEPT HOUSE .J (HEREINAFTER "PERMITTEE") PROPERTY KNOWN AS OLD FIRE STATION 813 LOCATED AT 4850 NE 2 AVENUE MIAMI, FLORIDA Issued this day of ATTESTS City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney 1988 CITY OF MIAMIv a municipal Corporation of the State Florida City Manager r I. DESCRIPTION OF AREA 2. TIME 3. PURPOSE 4. FEE S. LAMS APPLICABLE 6. UTILITIES 7. ASSIGNMENT OR TRANSFER S. CONDITION OF AREA 9. ALTERATION BY PERMITTER 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12. RISK OF LOSS 13. INDEMNIFICATION 14. INSURANCE 15. PEACEFUL RELINQUISHMENT 16. GENERAL CONDITIONS 17. ADVERTISING 18. NONDISCRIMINATION 19. VIOLATIONS 20. TAXES 21. INTEREST CONFERRED BY PERMIT 22. COURT COSTS AND ATTORNEY'S FEES 23. MODIFICATIONS EXHIBIT I PAN 3 3 3 3 4 4 4 4 4 5 5 6 6 6 8 8 9 9 9 9 10 10 10 tr REVOCABLE PERMIT I. DESCRIPTION OF AREA The City of Miami (CITY) hereby issues this Revocable Permit to Michael Alan Wolf Memorial Concept House, a non-profit Florida corporation, (PERMITTEE), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use the Area described as Old Fire Station i13 located at 4850 NE Second Avenue, Miami, Florida. CONDITIONS 2. TIME This Revocable Permit shall be valid for a period of one year commencing on the day of , 1988, and terminating on the day of , 1989, or until CITY decides to otherwise dispose of the property, and the Permit is revoked as provided below. This Revocable Permit may be extended for additional one year periods upon request of PERMITTEE, submitted in writing at least ninety (90) days prior to the termination date, subject to the approval of the City Manager or his designee. This Revocable Permit or any extensions and renewals thereof may, in addition to the revocation which may result from or under the provisions of Section 19 hereof, also be revoked by the City Manager, with or without cause, by delivery of a written notice of revocation thirty (30) days prior to revocations. 3. PURPOSE The Area shall be used by the PERMITTEE for its administrative offices and outpatient department in connection with their substance abuse program. PERMITTEE shall not change or modify such use without the prior written consent of the City Manager. C P 4. PRE PERMITTEE shall pay for the use of the Area a fee in the amount of $100.00 per year. S. LAWS APPLICABLE PERMITTEE accepts this Revocable 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, as a condition of this Revocable 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. Trash and garbage removal shall be at the cost of PERMITTEE. 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 Revocable Permit. 8. CONDITION OF AREA PERMITTEE hereby accepts the Area in its present condition and agrees to maintain it in the same or better condition, order and repair as it is in at this time, at the cost and expense of the PERMITTEE, except for reasonable wear and tear. If the Revocable Permit is revoked after renovation has been made in accordance with Section 9 below, in that event, upon presentation of appropriate invoices, CITY will reimburse PERMITTEE, based on a ten-year (10) amortization plan commencing upon revocation of the Permit. 2 W 1W 9. ALTERATIONS/IMPROVEMENTS BY PERMITTEE A. (i) PERMITTEE may not make any alterations, improvements in or to the Area unless the plans: 1) Be first submitted to Property and Lease Management, for presentation and review by all departments and offices of the CITY with jurisdiction, and 2) Be approved by the City Manager of the City of Miami, and 3) Be in compliance with all state, county and city rules and regulations, and any other agency that may have jurisdiction in these matters. (ii) Construction shall commence no later than one year after Revocable Permit is executed, which commencement will be triggered upon receipt of the requisite building permits. Said construction shall be completed no later than three years from the date of execution of Revocable Permit and will be considered effective with the acquisition of a certificate of occupancy for Area. 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 hereto. B. PERMITTEE shall have the right to remove any movable personal property or fixtures that it places in or on the Area. All alterations, improvements or construction must be in conformance with the provisions of Section 5 hereof. If any part of the Area is in any way damaged by the removal of such items as stated in subsection A hereof, said damage shall be repaired by PERMITTEE at its sole cost and expense. Should PERMITTEE fail to repair any damage caused to the Area ten (10) days after receipt of written notice from CITY directing the required repairs, CITY shall cause the Area to be repaired at the sole cost and expense of PERMITTEE. PERMITTEE shall pay CITY the full cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. Failure to pay such invoice 3 98-29FO W OK Permit may be revoked due to PERMITTEE'S failure to repair the Area as directed without the necessity of CITY repairing the Area. 10. MAINTENANCE PERMITTEE shall maintain the interior and exterior of the Area in good order and repair at all times, and in an attractive, clean and sanitary condition during the period of this Revocable Permit or any extension or renewal hereof. 11. CITY S RIGHT OF ENTRY 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 PERMITTEE shall indemnify and save CITY harmless 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 811 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 said 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 CITY or any of its employees, agents, or otherwise, and to keep CITY harmless from all claims and suits growing out of any such loss, injury or damage. 13. INDEMNIFICATION PERMITTEE 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 4 1 4P ap� 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. 14. INSURANCE PERMITTEE 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. 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 property damage. C. The policy or policies of insurance required shall be 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, 1390 NW 20 Street, Miami, Florida 33142. A current Certificate of Insurance showing the required coverage shall be supplied to the Property & Lease Management Office of 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 5 strength: The company must be rated no less than A as to management, and no less that 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., 75 Fulton Street, New York, New York. 15. PEACEFUL RELINQUISHMENT At the expiration of the Revocable Permit period, PERMITTEE shall, without demand, quietly and peaceably relinquish, its use of the Area in as good condition as it is now, except for normal wear and tear such relinquishment also being required, upon demand of the City Manager, pursuant to the provisions of Section 19 hereof, or as provided in Section 2 or as may otherwise be directed by CITY. 16 GENERAL CONDITIONS All notices or other communications which shall or may be given pursuant to this Revocable Permit shall be in writing and shall be delivered by personal service, or by registered mail addressed to CITY and PERMITTEE at the address indicated herein or as the same may be changed from time to time. 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. CITY OF MIAMI City Manager Attn: Property 6 Lease Mgmt. City of Miami P. O. Box 330708 Miami, Florida 33233-0708 PERMITTEE Michael Alan Wolf Memorial Concept House Attn: Deborah Rocco, Pres. 162 NE 49 Street Miami, Florida 33137 B. Title and paragraph headings are for convenient reference and are not a part of this Revocable Permit. C. No waiver of a violation of any provision of this Revocable 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 Revocable 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 Revocable 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 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. 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. 19. VIOLATIONS If PERMITTEE in any manner violates the restrictions and conditions of this Revocable Permit, then, and in that 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 so do after such written notice, this Revocable Permit is hereby revoked automatically without the need for other or further action by CITY. 20. TAXES During the period of this Revocable Permit, PERMITTEE shall pay any and all taxes of whatever nature lawfully levied upon or assessed against the Area. 7 �B it A 21. INTEREST CONFERRED by PERMIT The provisions of this Revocable 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. 22. 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 Revocable Permit, PERMITTEE shall pay CITY'S court costs and attorney's fees. 23. MODIFICATIONS The conditions contained herein shall not be modified unless said modifications are approved in writing by the City Manager. 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 day of , 1988. ATTEST: Corporate Secretary APPROVED AS TO INSURANCE REQUIREMENTS: Insurance Manager PERMITTEE: MICHAEL ALAN WOLF MEMORIAL CONCEPT HOUSE a non-profit Florida corporation By (Seal) President 6 P TO Honorable Mayor and Members of the City Commission FROM Cesar H. Odio City Manager RECOMMENDATION: 32 CITY OF MIAMI. FLORIDA INTEROFFICE MCMONANDUM DATE IMMIK 3 1 1988 ALE SUOJECT Resolution Authorizing a Revocable Permit to Michael Alan wolf Memorial Concept House RE:ERENCES ENCLOSURES It is respectfully recommended t attached resolution authorizing Alan Wolf Memorial Concept House fire station 413, located at 4850 BACKGROUND: hat the City Commission adopt the a revocable permit with Michael (Concept House) for use of the old Northeast Second Avenue. The General Services Administration Department was approached by Concept House, a non-profit organization currently operating a facility at 162 Northeast 49 Street. This is in the vicinity of old fire station #13, which had been under permit to the Black Archives History ano Research Foundation, Inc., (Black Archives) since December 1985; however, the Black Archives never utilized the property as the intended museum and it has remained vacant since that time. The Revocable Permit with the Black Archives expired in December 1986. The foregoing presented an opportunity for Concept House, who requested the use of the City's property, adjacent to their existing facility. Representatives of named organization appeared before the City Commission on March 10, 1988 to request the City's cooperation in connection with their substance abuse program. The resulting Motion 88-238 referred the matter to the City Administration for negotiation of a contract to permit the use of 4850 Northeast Second Avenue. The term of the proposed permit will be period, with successive one-year renewal City Manager's approval, at an annual user enc. Proposed Resolution Proposed Revocable Permit for an initial ten-year periods, subject to the fee of $100. 3 .:) -/ 98-29h ,.