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HomeMy WebLinkAboutR-88-0299J- 88-320 3/28/88 RESOLUTION NO. 99-299, A RESOLUTION AUTHORIZING THE CITY MANAGER'S ISSUANCE OF A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH CENTRO HISPANO DAYCARE, A NONPROFIT AGENCY OF CATHOLIC COMMUNITY SERVICES, FOR THE USE OF CITY - OWNED PROPERTY LOCATED AT 141 NORTHWEST 27 AVENUE, TO OPERATE ITS CHILD CARE SERVICES PROGRAM, AT AN ANNUAL 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 -rHE CITY MANAGER'S APPROVAL. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section I. The City Manager is hereby authorized to execute a revocable permit, in a form acceptable to the City Attorney, with Centro Hispano Daycare, a nonprofit agency of Catholic Community Services, for the use of city -owned property located at 141 Northwest 27 Avenue, to operate its child care services program, at an annual 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 _ AT S MATN HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROV"IAS TO FORM AND CORRE SS: .rUCIA A. DOUGHERTY CITY ATTORNEY April , 1988. XAVIER L. S AREZ MAYOR CITY COMMISSION MEETING OF APR 14 1988 S13-299 RESOLUTION No. REVOCAALE PERMIT NO. ISSUED BY THE CITY OF MIAMI CENTRO 8I8PANO DAY CARE, An Agency of Catholic Community Services (HEREINAFTER "PERMITTEE") Property known as Old Fire Station #14 LOCATED AT 141 N.W. 27 Avenue Miami, Florida Issued this day of , 1988 ATTEST: CITY OF MIAMI, a municipal Corporation of the State Florida City -Clerk APPROVED AS TO FORM AND CORRECTNESS: city Attorney City Manager -2- 98-29S O&. OK TABLE OF NTs"TB PA E 1. OEBCRIPTION OF AREA 3 2. TIME 3 3. PURPOSE 3 4. FEE 3 S. LAWS APPLICABLE 4 6. UTILITIES 4 7. ASSIGNMENT OR TRANSFER 4 S. CONDITION OF AREA 4 9. ALTERATION BY PERMITTEE 4 10. MAINTENANCE S 11. CITY'S RIGHT OF ENTRY S 12. RISK OF LOSS S 13. INDEMNIFICATION 6 14. INSURANCE 6 15. PEACEFUL RELINQUISHMENT 7 16. GENERAL CONDITIONS 7 17. ADVERTISING 8 18. NONDISCRIMINATION 8 19. VIOLATIONS 8 20. TAXES 9 21. INTEREST CONFERRED BY PERMIT 9 22. COURT COSTS AND ATTORNEY'S FEES 9 23. MODIFICATIONS 9 REVOCABLE PERMIT 1. DESCRIPTION OF AREA The City of Miami (CITY) hereby issues this Revocable Permit to Centro Hispano Day Care Agency of Catholic Community Services, (PERMITTEE), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use the Area described as Old Fire Station 414 located at 141 NW 27 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 the operation of a child care program, to include education, nutrition and recreation services. PERMITTEE shall not change or modify such use without the prior written consent of the City Manager. 4. FEE PERMITTEE shall pay for the use of the Area a fee in the amount of $100.00 per year. 3 qe-xy�;- 5. 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. 9. ALTERATIONS BY PERMITTEE A. PERMITTEE may not make any alterations, additions, partitions, improvements irq or to the Area without the written consent of the City manager or his designee, and the design of such proposed alterations, additions, partitions or improvements in or to the Area shall be first submitted to the City Commission before or at the same time the City Manager's approval is requested. All additions, partitions or improvements shall become the property of the City and shall remain a part of the Area at the expiration of this Revocable Permit. The cost of renovation of the Area as to alterations, additions, partitions 4 g8_29.q... or improvements shall be borne by and is the financial responsibility of PERMITTEE. B. PERMITTEE shall have the right to remove any movable personal property or fixtures that it places in or on the Area. All alterations, additions, partitions or improvements 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 shall be sufficient cause to revoke this Permit as provided in Section 19 below. Notwithstanding the above, this Revocable 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 all risk of loss, injury or damage of any kind or nature 5 98-299- 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 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. e. 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 6 y19-299, 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 6 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 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., Ambest Road, Oldwick, New Jersey 08858. 15. PEACEFUL RELINQUISHMENT At the expiration of the Revocable Permit period, PERNITTEE 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. 99-299 A '-N CITY OF_MIAMI PERMITTEE City Manager Centro Hispano Day Care Attns Property 6 Lease Mgmt. c/o Catholic Community City of Miami Services P. 0. Box 330708 9401 Biscayne Boulevard Miami, Florida 33233-0708 Miami Shores, F1. 33138-2998 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 8 98-29y_ r% i 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. 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: CENTRO HISPANO DAY CARE CATHOLIC COMMUNITY SERVICE By (Seal) President 98-299- 9 To Honorable Mayor and Members of the City Commission FROM Cesar H. Odio City Manager RECOMMENDATION: CITY OF MIAMI. FLORIDA INTER-OFFIC[ MEMORANDUM DATE MAR 3 ALE � •nR� !UlJECt Resolution Authorizing a Revocable Permit to Centro Hispano Daycare REFERENCES ENCLOSURE! 33 It is respectfully recommended that the City Commission adopt the attached resolution authorizing a revocable permit with Centro Hispano Daycare for use of the old fire station #14, located at 141 Northwest 27 Avenue. BACKGROUND: The General Services Administration Department has been negotiating with Centro Hispano Daycare, a nonprofit agency of Catholic Community Gery ices, in Connection with use of the above noted property. On August ll, 1982, Centro Hispano entered into a use agreement with the City to provide child care services to the Little Havana community. The initial term of the agreement was for one year, during which time the monthly rental of $24,481.42 was retained by the user as the City's in -kind contribution to the project. Although the agreement expired in 1983, Centro Hispano has been allowed to maintain a month -to -month tenancy and continues to operate its program at the site until the present time. Centro Hispano, in its effort to retain use of the premises, appeared before the City Commission on March 10, 1988, with a petition that the City not sell the property, which was listed among the City's surplus properties. By Motion 88-255, the City restated its intent not to sell the property, as it currently houses a child care center serving the Little Havana residents. The term of the proposed permit will be an initial one-year period with successive one-year renewal periods, subject to the City Manager's approval, at an annual user fee of $100. enc. Proposed Resolution Proposed Revocable Permit 33-!