HomeMy WebLinkAboutR-88-0149J-88-178
02/03/88
RESOLUTION NO. 98-149
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY
THE FORM ATTACHED, TO THE LITTLE HAVANA
DEVELOPMENT AUTHORITY, INC. FOR USE OF 4,778
SQUARE FEET OF AREA COMPRISING THE CITY OF
MIAMI'S MAXIMO GOMEZ PARK, LOCATED AT 1444
S.W. 8TH STREET, FOR THE MANAGEMENT AND
CONDUCT OF PUBLIC RECREATIONAL ACTIVITIES AND
INFORMATION SERVICES BY SAID ORGANIZATION FOR
AN INITIAL PERIOD OF ONE (1) YEAR;
AUTHORIZING THE CITY MANAGER TO APPROVE
SUBSEQUENT ONE-YEAR EXTENSIONS TO SAID
PERMIT.
WHEREAS, the City Commission, via Motion No. 87-1055
approved a plan presented by the Little Havana Development
Authority, Inc., hereinafter referred to as "LHDA", for the use
of Maximo Gomez Park, commonly known as Domino Park; and
WHEREAS, said plan called for the management of said park by
the LHDA and for the establishment of a domino club and
information center at that location; and
WHEREAS, the City Attorney has opined, in a memorandum dated
December 14, 1987, that a revocable permit is an appropriate
means by which LHDA may exercise control over said park; and
WHEREAS, the City Attorney further states that the
establishment of a Domino Club is consistent with the park
purpose of Maximo Gomez Park; and
WHEREAS, no State or Federal Funds have been used in said
park; and
WHEREAS, the City Manager and the Director of the Department
of Parks, Recreation and Public Facilities recommend that a
revocable permit be issued to LHDA for the management and conduct
of recreational activities and information services in "Domino"
Park;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATp Rml��R,
JGti.'aQSi{ii���L�
���tj :l •1 :¢��i ra(w
E N
CITY COMMISSION
MEETING OF
FEB 18 1988
eEsOLLITI I No. 198--14'
Section 1. The City Manager is hereby authorized to issue a
revocable permit, in substantially the form attached, to the
Little Havana Development Authority, Inc., for the use of 4778
square feet of area comprising the City of Miami's Maximo Gomez
Park, located at 1444 S.W. Sth Street, for the management and
conduct of public recreational activities and information
services by said organization for an initial period of one (1)
year.
Section 2. The City Manager is hereby authorized to approve
the issuance of subsequent one-year extensions to said permit.
PASSED AND ADOPTED this 18th day of February , 1988.
XAVIER L. SU R Z
MAYOR
ATTE
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVER -TO FORM AND CORRECTNESS:
L 4Lm ^* "ww%X
C TY ATTORNEY
l 8-149
REVOCABLE PERMIT NO.
ISSUED BY THE
CITY OF MIAMI
TO THE
LITTLE HAVANA DEVELOPMENT AUTHORITY, INC.
AREA: 4778 SQ. FEET OF
SPACE LOCATED AT
MAXIMO GOMEZ PARK
1444 SW 8 STREET
MIAMI, FLORIDA
Issued this
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
Lucia A. Dougherty,
City Attorney
day of , 1988
CITY OF MIAMI, a
municipal corporation of
the State of Florida
CITY MANAGER
CONTRACT NUMBER
(LAW DEPARTMENT)
PRF#88-056/L
i�8-149
a
INDEX
I.
DESCRIPTION OF AREA
2.
TIME
3.
PURPOSE
4.
FEE
5.
LAWS APPLICABLE
6.
UTILITIES
7.
NO ASSIGNMENT OR TRANSFER
8.
CONDITION OF AREA
9.
ALTERATION BY PERMITTEC
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
ATTACHMENT I
PAGE
3
3
3
3
4
4
4
4
4
5
5
6
6
7
8
8
9
9
9
9
9
10
10
!9EI-�149.
5. LAWS APPLICABLE -
PERMITTEE accepts this Revocable Permit and hereby
acknowledges 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 program fee structures, building
codes and zoning restrictions, is a condition of this Revocable
Permit, and PERMITTEE shall comply therewith as the same
presently exist and cis they may be, amonried.
6. UTILITIES
Unless otherwise provided herein, PERMITTED; 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
telephoiiat c liai-c� ., .
7. NO ASSIGNMENT OR TRANSFnq
PERMITTEE, cannot assign or transfer its privilege of entry
and use granted unto it by this Revocable Permit.
e. CONDITION OF AREA
PERMITTEE hereby accepts the area in its present condi-
tion 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 PERMITTEE., except for reasonable wear and tear.
9. ALTERATION BY PERMITTEE
A. PERMITTEE may not make any alterations, additions,
partitions or improvements in or to the area without the prior
® 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 properly of 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,
4 88-149
partitions or improvements shall be borne by and is the financial
responsibility of PERMITTER,.
D. PERMITTEE shall have the right to remuvN 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 due to the actions of
PERMITTEE, or by the removal of such items as stated in
subsection A heroof, said damage shall be repaired by PF.RMITTE.1-,
at its sole cost and expense. Should PERMITTEE fail to repair
any any damage caused to the area ten (10) days after the 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
rep4irs 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 Revocable 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 agrees to maintain the interior and the 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 hereof. Any and all
maintenance costs shall be the financial responsibility of
PERMITTEE.
11. CITY'S RIGHT OF ENTRY
CITY, or any of its properly designated agents, repre-
sentatives, or employees, shall have the right to enter said area
during all reasonable working hours, to examine and/or inspect
the same. City shall further retain the right to use said area
for its own purposes upon thirty (30) days advance written notice
5 88-149
to PERMITTEE. During such use be CITY, CITY shall assume
responsibility for maintenance and utilities and such use be CITY
shall not unduly interfere with privileges granted to PERMITTEE
hereunder.
12. RISK OF LOSS
PERMITTEE shall indemnify and save harmless CITY its
agents, officers and employees, against all risk of loss, injury
or damage of any kind or nature whatsoever to property now or -
hereafter placed on cir within said 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 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 harmless CITY
from all claims and suits growing out of any such toss, injury or
damage.
13. INDEMNIFICATION CLAUSE
PERMITTEE shall indemnify, hold harmless, and defend CITY,
its agents, officers and employees, from and against any and all
claims, suits, actions, damages or causes of action arising
during the period of this Revocable Permit and any extensions
hereof, 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.
6
88--IL49
14. INSURANCE
PERMITTEE shall maintain throughout the period of this
Revocable Permit renewals hereof, the following insurance:
A. General Liability insurance on a Comprehensive
General Liability coverage form or its equivalent,
with a combined single limit of at least $1,000,000
for bodily injury liability and property damage
liability. Products and Completed Operations
Coverage, Personal Injury, Contractual Liability, and
Area Medical Payments coverage shall be included.
CITY shall be named as .in Additional Insured on all
insurance policies.
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
cancelled or materially changed without sixty (60)
days advance written notice to CITY being delivered to
the General Services Administration, Insurance
Manager, 1390 N.W. 20th Street, Miami, Florida 33142.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Insurance Manager of CITY. Insurance
policies required above shall be issued by companies authorized
to do business under the laws of the State of Florida, 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., 75 Fulton Street, New York, New
York.
7 88-149
15. PEACRFUL RELINQUISHMENT
At the expiration of this Revocable Permit period or any
extensions hereof, PERMITTFE shall, without demand, quietly and
peaceably relinquish its use of the area in as good condition as
it is now, except ror normal wear and tear; such relinquishment
also being required, upon demand of the City Manager, pursuant to
the provisions of Paragraph 19 hereof, or as provided in Section
2 hereof, or as may otherwise be directed by CITY.
16. GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this Revocable Permit shall. be in writing
and shall delivered by personal service, or by registered mail
addressed to CITY and PERMITTFE 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 PERMITTFE
City Manager
City of Miami
P.O. Box 330708
Miami, Florida 33133
Little Havana Development
Authority, Inc.
970 S.W. 1st Street
Miami, Florida 33130
B. Title and paragraph headings are for convenient
reference and are not a part of this Revocable Permit.
C. No waiver or breach of any provision of this Revocable
Permit shall constitute a waiver of any subsequent breach 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
CITY, such provisions, paragraphs, sentences, words or phrases
shall be deemed modified to the extent necessary in order to
8
t88-148
conform with such laws, and the same may be deemed severable by
CITY, and in such event, the remaining terms and provisions of
this Revocable Permit shall remain un-modiFiel and in full force
and effect.
17. ADVERTISING
PERMITTEE shalt not allow 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 .-trey 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 or handicap in the use of the area and/or any improvements
thereon.
19. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this Revocable Permit, then, an4 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 do so 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 the 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.
9 88-149.
22. COURT COSTS AND ATTORNEY'S FEES
In the event that it becomes necossar.y for CITY to
institute legal proceedings to enforce the provisions of the
Revocable Permit, PERMITTHE agrees to pay CITY'S court costs and
attorney's fees.
23. MODIFICATIONS
The conditions contained herein shall not be modif-it3r]
unless said modifications are approved in writing by the Ci.►-.y
Manager.
IN WITNESS WHEREOF, PERMITTRE has hereunto caused this
Revocable Permit to be applied for anti has executed the following
by its respective duly authorized officers, as of this day
of , 1988.
ATTEST: PERMITTEE:
LITTLE HAVANA DEVELOPMENT
AUTHORITY, INC.
A FLORIDA NOT -FOR -PROFIT CORPORATION
CORPORATE SECRETARY
APPROVED AS TO INSURANCE
REQUIREMENTS:
INSURANCE MANAGER
GENERAL SERVICE ADMINISTRATION
APPROVED AS TQ CONTENT:
WALTER E. GOLBY, I CTOR
PARKS, RECREATION AD
PUBLIC FACILITIES DEPARTMENT
By
Luis Sabines,
PRESIDENT
FED. EMPLOYER I.D. #
(SEAL)
10
s8-149
,*A
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of the for Little Havana
Development Authority Inc., has examined the terms, conditions
and obligations of the proposed contract with the City of Miami
for the use of 4778 sq. ft. of area comprising Maximo Gomez Park.
WHEREAS, the Board of Directors, at a duly held corporate
meeting, have considered the matter in accordance with the bylaws
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
the for Little Havana Development Authority Inc., that the
President and secretary are hereby authorized and instructed to
enter into a revocable permit in the name of, and on behalf of
this corporation, with the City of Miami use of 4778 sq. ft. of
area comprising Maximo Gomez Park, in accordance with the
revocable permit doviwwtt;.�; furnished by the City of Miami, and
for the price and upon the terms and payments contained in the
proposed revocable permit submitted by the City of Miami.
IN WITNESS WHEREOF, this day of , 1988:
EXECUTIVE DIRECTOR
By
Tony Descalzo
ATTEST:
(SEAL)
CORPORATE SECRETARY
88-149
I"
A
$-r
i38--149
141
NAME ANTONIO MACEO PARK D-1
LOCATION 1444 SW 8 Street
LEGAL DESCRIPTION Lot 16 less south 45 feet thereof, Block 1, Amended Plat of Avocado Park, according to the
plat thereof, recorded in Plat Book 3, page 68, of the Public Records of Dade County,
Florida
AREA .11 acre (4,778 sq ft)
IMPROVEMENTS Landscaping, several tables and chairs or benches
USE Recreational (to play domino)
YEAR OF ACQUISITION 1975
DEED RESTRICTIONS None
ZONED PR
TAR FOLIO NUMBER 01-4111-05-0140
ASSESSED VALUE 1984 Total $86,844
LEASE gone
e
a°Dc 1
� 46
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t It iit- R11AM1• t L.WOUVA
ot4tr.n rvrrlr.F MF?•1OPA1•JLt11M
Honorable Mayor and
Members of the City Commission
f ROM Cesar H. Od io,
rnrr DEB rILt
Resolution Authorizing
a Revocable Permit for
"Domino" Park
nr r r nrtnIr a
54
City Manager
" Resolution, Revocable Permit
----- -• -- ____--._.--.--__City--Attorney— memo.-i 2.114 f 97
Reco=endation:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the issuance of a revocable
permit to the Little Havana Development Authority, Inc. for use
of 4778 square feet of area. comprising Maximo Gomez Park
(commonly known as "Domino" Park), for the purpose of managing
and conducting public recreational activities and information
services for an initial period of one year, and authorizing the
City Manager to approve subsequent one-year extensions.
Background:
The Department of Parks, Recreation and Public Facilities has
prepared the attached legislation and revocable permit. After
lengthy discussions and numerous meetings between staff, the
Little Havana Development Authority, the Latin Quarter Review
Board, the public and other affected and interested departments
and agencies, a plan for the future use of "Domino" Park was
presented to the City Commission on November 10; 1987. LHDA's
plan, including provision for their management of the park and
the establishment of both a Domino Club and a Tourist Information
Center, was approved by Motion No. 87-1055.
To ensure the proper conveyance of park management to LHDA, the
City Attorney was requested to provide an opinion. Ms. Dougherty
has advised that a revocable permit is an appropriate means to
convey control of the park to this organization, and that a
Domino Club is a use that is consistent with this park's purpose.
S%.V A 9
Honorable Mayor and
Members of the City Commission
page 2
The attached revocable permit was based on the proposal submitted
to the City Manager and discussed at the November 19 Commission
Meeting. LHDA is required to provide security and maintenance
for the park, as well as staff to manage the club and information
booth. Bylaws and regulations of the club would be subject to
review and approval by the City Attorney as to legality.
Subsequent extensions of the permit would be subject to the
approval of the City Manager, as would any fees for membership or
programs, which shall also be devised in accordance with
applicable City Code provisions (Section 30-6 and 30-7).
This item is a companion to a resolution authorizing a grant of
$90,000 to LHDA for the renovation of Domino Park.
N
NS-149
CITY Or MIAMI• F LO"IVA
• I,I) yfy��q�p�•r�,�j�jT�(��IORANDUM
OF DEC IT PH 4.
TO:
Cesar H io
City Vger
FROM! iGUCiA XI: Do0gherty
City Attorney
DATF. December 14, 198'f'LE` A-87-190
S11"Mc l
RFi ERE NCF.S:
EPICLOSUIIFS
Domino Park
You requested a legal review of Domino Park and proposed
management by the Little Havana Development Authority (LHDA) as
set forth in attached letter to City Manager dated
September 9, 1987. The appropriate methods by which LHDA can
exercise control over the Park in order to assure use of the
facilities for appropriate purposes while curbing the problems
which have caused surrounding merchants to complain are:
(a) revocable permit
(b) management agreement, similar to Aayfront Park
Management Trust.
The simplest method would be a revocable permit.
Background
The City -of Miami authorized the purchase of a tract of
property on Southwest Sth Street and Southwest 15th Avenue in
Resolution 75-295, dated March 25, 1975, said property to be
utilized as a "mini -park plaza". This park is known as Domino
Park, due to its use by many local members of the Latin community
for domino games. The park has recently been fenced in and
_ closed because of the tendency of vagrants, drug -users, etc. to
loiter in the park.
When property is dedicated and used as a public park, the
City holds title in trust for the public and cannot appropriate
its use for private persons or corporations, or divert its use
from the purpose of the original dedication. Kramer v. Lakeland,
38 So.2d 126 (Fla. 1948). Restricting the use of Dom no Par in
the manner contemplated would violate this rule by allowing only
certain individuals the right to use this dedicated park.
However, a city may lease a portion of a dedicated park to a
nonprofit corporation. Rlorida Little Ma'or League Ass'n, Inc.
v. Gulfport Lion's Litt a rjeaquet INC.j, o.
1961). This is true i the intended use is consistent with idea
of what a "park purpose" may be. Parks may be used for
3
88-149
". 4
.-A Ar".
Cesar H. Od io
City Manager
Ret Domino Park
December 14, 1987
Page 2
recreation and amusement, as well as simply areas with shade
trees and benches. Id., at 709. The use of Domino Park as a
club for domino pl yers is not inconsistent with its park
purpose, as this has been the only constant activity occurring in
the park since its inception.
The Code of the City of Miami contains an anti-
discrimination provision, in that lessees of City property 'may
not discriminate on the basis of race, creed, color, religion or
national origin. Code of City of Miami, 537-13. There is no
mention of age discrimination in the Code. Organizations that
lease city property or facilities must follow certain membership
requirements as provided for in 537-14, including not to
discriminate per 537-13.
In the event any State or Federal funds are used, or have
been used, in Domino Park, 5258.004, F.S. 5258.015(2)(c) and 42
U.S.C.A. S6102 would preclude any discrimination on the basis of
age. Thus, should any state or federal funds be used in Domino
Park, these provisions would prohibit the Little Havana
Development Authority's plan to allow only 55— -year-old
individuals into the park.
In conclusion, as long as there are no state or federal
funds used in the Park, the revocable permit approach is
recommended.
GMM/LAD/rcl/M087
cc: Honorable Mayor and
Members of the City Commission
05
89-149