HomeMy WebLinkAboutR-85-0735J 9
RHOLuTf6N
A RESOLUTION APPR0114) IN PRINCtPLE),TNt
ADOPT -A -PARK PROGRAM PROPOSED BY THE
kIWKNIS CLUB OF AFRO-AMERICAN FOR MOORE
PARK, AU"'HOR -IZINC THE 188UAt4Ce Or A ONE
YEAR REVOKABLE PERMIT TO THE AF ROA
AMEAICAN KIWANIZ C=1 SU81tCt '40 THE
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APPROVAL OF THE CITY ATTORN2Y AS TO FORM
A 144DE o' T N E 8 8
WHEREAS, t h Ld City of Miami wishes to promote and ehcQwragL6
the Adoptw-A-Patk peogratt in its park tysit. -m; and
WHEREAS, t h e Xis finis Club of Altro-American, a non-profit
k. pt adopt Moore Park, and
orgariizatlion, has proposed ado
WHEREAS, the proposal includes the provision 6t tecreatio6al
and cultural programs in the park and the establishment of food
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and non-alcoholic beverage concessions, and
-47 tr R retienueS earned frorm fees and charges for selected
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,
progI-ams and co -cession ac-iviti-s ail be used to promote
and develop recreation and maintenance programs in the park;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
I;X!
OF MIAMIt FLORIDA:
Section 1. The proposal of the Kiwanis Club of Afro -
American to adopt Moore FArk is hereby approved,in principle.
Section 2. The City Manager is hereby authorized to issue a
one-year revokable permit to the Kiwanis Club of Afro-American
for the use of Moore Park, subject to the approval of the City
A
Attorney as to form and correctness.
PASSED AND ADOPTED this 18th day of July 1985-
Maurice A. Ferre
y.
R NOR A
EST;
P
PR7RAR7n INn APPRnUFn RV! APPRMUFM AR Tn VnRM Mi
WNW
V
REVOCA8LE PERMIT NO&
MY H 1 AM
10 -MiR
k.
K;vAtlS CLUB OF
AFRO- A4tq, 1 C A VF_GRR�T ER
_
M, tAMI
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(HEREINAFTER
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FOR THE
USE OF
MOORE PARK
65 N.W. 36 Street
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Miami, Florida
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Issued this
1985
day- of '
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¢.
ITY G
APPROVED AS TO
INSURANCE APPROVED AS TO FORM AND
CORRECTNESS:
R RuiREMENTS;
ff
:4at
.
is 4 a n a emee4
ii -can `ur Doug erty,
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City Attorney
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IL�bE�t
PAGE
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DESCRIP'TI0�1 OF PREMISES
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TIME
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PURPOSE
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FEE
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CONCESSION PRIVILEGES
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AUDIT` RI GAT5
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7.
LAWS APPLICABLE
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;3.
UTILITIES
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ASSIGtii�IENT OF TRANSFER
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10.
CONDITION OF FACILITY.
11.
ALTERATION BY PERMITTEE
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12.
MAINTENANCE
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13.
CITY' S RIGHT OF ENTRY
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14.
RISK OF LOSS
15.
INDEMNIFICATION CLAUSE
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INSURANCE
17.
PEACEFUL SURRENDER
18.
NOTICES
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19,
ADVERTISING
20.
NONDISCRIMINATION
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21.
VIOLATIONS
22.
TAXES
P
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2
CAPTIONS
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`he 0. iry di '4iaff►i (Gift.) hereby issues this Revocable
Permit td the Kio+tar is 1t b of ' fro i�merican of dreate cif a i i
(permift tee) for the purpose and urid6t the eafidir i0t (s )
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hereinafL�r set for.h, pettitting said Per,fittee to use the
pry^i3?5 de-i t: i,.--d c,::hiU t. S attached Hereto and rude a part
hereto.
T l -1
his Revocable Verinit Shall ae valid %or a period of one
{ l ) year commencing on the _..a� _ day of
:t
and terminating on the tea r.._ day of _ , 1986,
unless otherwise revoked as hereinafter provided. This Revocable'
Permit may be extender for additional one year periods upon
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request of tha Peritit.t-ee, submitted in w it.fng at least three
months prior to the termination date, upon the approval of the
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city Commission. This Revocable` Permit. or any extensions and
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renewals thereof may, in addition to the termination which may
result from or under the provisions of paragraph 19 hereof, also
be terminated by the City Commission by delivery of a `written
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notice of revocation sixty (60) days prior to revocation.
3. PURPOSE.
The premises shall be used for the scheduling of various
rear and cultural activities, assessing fees and charges
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for selected activities to finance the programs; and non-
exolusive concession rights to the park, in order to provide a
community service projects to the convenience of the neighborhood
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in terms of scholarship to local youth, sponsoring of
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tournamenta, awards, uniforms and special activities.
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The following terms and conditions shall remain in full
force acid effect: daring phis agreement period.
i) Use of facilities shall be approved on ah .�a6
available"' basist to be determined by tho Recreation personnel
in-c1wgo at Moore FarX aad/or to designated representative at
hp ppppc r o * 'q nn.. Q
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ii) review and approvai by the dity, na ifas§ tha.a tiff rty
(30) days ift adVAtidd, as to all Pt6pbgdd activitie6 and/ Ot
expenditiArds to be offered by the Kiw&hit dlub-, and suggedfdd
feed and dhatget.
if the Permitted wished f--d add set ides or change such
use, apprb'Val in writing Mutt be obtained f-6tdrft the City t4ahaget
before such addition or chdhge daft be Made.
PEE
n keeping wita the Cif-Y48 desite to actively partidipato
in t',lis act: pity, and recognizing the public 8e.-Vice provided by
the Pertitt?e, the pertittee agrees to return all net profits to
the park in the form Of sponsorship, equiptent, awards, unii0fts,
etc., as approved by the CITY. Said return shall be no Idaa than
the sum equal to twenty-iive percent (25%) of the gross revo-ftues
produced.
5. CONCESSION PRIVILEGvS
The permittee is hereby granted concession privileges for
tree contract period, under the following term and conditions:
A) DEFINITION OF CONCESSIONAIRE
It is expressly understood and agreed that no part, panel,
building, structure, equipment, or space is leased to the
CONCESSIONAIRE; that he is a CONCESSIONAIRE and not a Lessee,6
that the CONCESSIONAIRE'S right to operate the Concession(s)
t shall continue only so long as the concession(s) operation 4j
complies with the undertaking, provisions, agreements,
stipulations, and conditions of this Agreement.
B) CO -PARTNERSHIP
Nothing herein contained shall create or be construed as
creating a co -partnership between the CITY and the CONCESSIONAIRE
as to constitute the CONCESSIONAIRE as an agent of the CITY.
C) 'SCOPE OF SERVICES
The MKITTES is hereby authorized to conduct the
following kinds of business end to provide the following kinds of
services;
i) items fOr Sale by'COUCES610NAIRE -7-ohirto end hats;
and
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i) vending by- MMU and/or local budiftaa§ edned6sid[isy
assighdes of the P2P141TTt9, froitr whidh the P2ftMItTtt will fedeive
a cot�tribuf ic�n�
a) it is exprdttly understood that all ptoPosec
ccicess oh activity faust be submitted for approvai by the dity
t
Manager or his appointed designee no later than fif,een (19)
working days prior to fne etvght, and that no such activity will
a
dtiflct �xh `',1e eia`iz ;ioti;:clasve concession contract as
authorized by the City of 'Mialhi.
b) Unless authorized pursuant to Resolution Lid. 84-598,
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no beer and :vine tav be sold by assigned vendors. No liquor
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or other alcoholic beveryes of any 'kind or na4ure shall be sold,
offered, or given away by authorized concessions in Moore Park.
No gambling shall take place, including any drawing for prizes.
All concessions shall have current licenses normally required by
the City or Stage for such concessions as required by the City
Ty
Code.
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c) The PER4ITTEE and/or shall be solely responsible for
any and all expenses related to Fire, Police, Sanitation and any
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other services related to this Agreement.
6. AUDIT RIGHTS
A. The PERMITTEE`shall provide the CITY with a letter
from an independent Certified Public Accountant(CPA) which
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establishes that the PERMITTEE'S internal controls are adequate
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to safeguard its assets and property record funds. The CITY will
not authorized any revenues` and/or expenditures prior to the
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receipt of this letter.
B. CITY reserves the right to audit the records of
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P&MITTEES at any time during the performance of this Agreement.
C. The PERMITTkE shall provide the CITY, on a 'monthly
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basis, a report detailing all revenues collected and expenditures
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for the p4r7, during the specified month any to -date. This
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sport shall be sgpmitted no later than the lsth of the month for
the pr cooding month.
71 LAMS APPLICABLE
The Perxittva accepts tAi.s ftvocab,le Permit rQC09 iZinq
that ail lags Of the r to to of f lori444 Or�dsnancee att#�e City of
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Miami end bade the op@tation and,.. .
taiiitei5sitce of Elie pre ihdlUdihj brit fi st lii�itecl
building dada§ and Idning., restfidtibets, are made a part Of this
ftevadable PerMit, and the PdrMittee agrees to abide thefewith as
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the sate presently exist and as they may be amended hefeaftef.
>;.
Unlesa Otherwise proVided herein, the PdMittee, at the
,..
P�?rtttittee's sale eos�- and e,,panse, ,,hall provide all ut lifi:es+
itwiludiftq but not limited to, electricity, water:, gas, and sewage
disposal. 'gash and garbage removal snail be at the cos} of the
Peftrit tee.
9. A88VINME T OR TRANSFER
Without the express consent of the City Commission, the
Vernittee cannot assign or transfer its privilige of entry and
use granted unto it by this Revocable Permit.
10• CONDITION OF VACILITY
a
The Permittee hereby accepts the facility in its present
condition and agrees to maintain the interior and exterior of the
facility, including all electrical and plumbing systems, and
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order it is in
roofs, in the same condition, and repair as at
this time, except for reasonable wear and tear and damage b
p- g Y the
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elements,` other acts of God, or riots.
11. ALTERATION BY PERMITTEE
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A. The PERMITTEE may not make any alterations, additions,
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partitions or improvements in or to the premises without the
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written consent of the City Manager or his designee, and the
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design of such proposed alterations, additions, partitions or
improvements in or to the premises shall be first submitted to
the City Commission before or at the same time the City Manager's
approval is reslueste. All additions, partitions, or improvements
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shall become the property of the City and shall remain a part-. of
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the remise` � - �t the expiration of his Revocable Permit and any
extensions or renewals hei:eof, The cost of renovation of the
premises as to 41terations, additional partitiona or im-
provemento shal1 he borne by and is the financial responsibility
oit the permit=ee.
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The Pamitf-@@ ahail nave the fight to r@mave any ,
Movable personal property or fikturaa that it places on the
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pretftisesall alterati6ft9t additi6fig# paftitiand or improvements
must be in ddhi6rMance with the prdVisiofts of Section S heredf.
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1f any part of the prom dda it in any way damaged by the removal
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of such items as stated in subsect Eft A hereof, eaid damage shall
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be repaired by the Pertift4d at its sole cost and dkpense.
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lam• i'11i�LY�G�F��vs
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Except during activity allthoriied under paragraph 11
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hereof, the Permittee agrees to Maintain the interior and the
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ell-erior of the premises in good order and repair at; all times,
and in an attract ive, clean and sanit ary condit~iotl during the
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period of this revocable permit or any extension or renewal
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hereof.
13, CITY'_S RIGHT OF ENTRY
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The City, or any of its properly designated agents,
representatives, or employees, shall 'crave tie right t o enter said
permitted premises during all reasonable working hours, to
examine and/or inspect the same.
14. 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
premises, and all risk of loss, injury or damage of any kind or
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nature whatsoever to the contents of such building or
improvements made by the Permittee to the structure or
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struc*..ores, or to any, goods, chattels, merchandise or < to any
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other property that may now or hereafter be placed upon said
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remises* whether belonging to ,the permittee or others, whether
said loss, injury or damage results from fire, hurricane, rising
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water or from any other cause or other contingency, and whether
the same be ceused by the cl4imed negligence of the City or any
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of its employees, agents, or otherwise, and to keep harmless the
City ;From all claims and sums growing scut o� any such doss,
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injury! or 44mage.
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Tho fait -to@ covenant's and agreas that it shall
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i.ndeffin i iy told hAtMlea§#• and- defend state dify, rft and against-
ahy and all dlaiUp stiitsj adf ohsy datAdeg or douses of adtirih
atisittg during the period of f`his KdVbdable permit, and any
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exteYtsiotis or rehewale hereof, for any personal injury, lost of
life or damage to property sustained in or on the 'pretiees, by
featbn of or as a result of the Perttittee's use or operations
thereon, and from and againeft any orders, Judgrtttftts, or decrees
which ,stay be µ'ntere(i tiieteu.n, and irons and against all costs,
_
attortiey`s fees, expenses and liabilities incurred in and about
the defense of any such claim, and the investigatioft tneteof.
16. INSi�><NC
The Permittee shall maintain f.hroughout the period of this
Revocable permit, and any extensions or renewals• hereof-, the
following insurance:
A. General Liability insurance on a Comprehensive
General Liability coverage forth or its equivalent,
with a combined single limit of at least $1,000,000
for bodily injury liability and property damage
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liability.. Products and Completed Operations'
coverage, PLrsonal Injury, Contractual Liability, and
Premises Medical Payments coverage shall be included.
3
The City shall be named _as an Additional Insured on
all insurance policies.
B. Automobile Liability insurance covering all owned,
non -owned and hired vehicles regularly garaged,
2
parked, stored or kept at said facility on an
overnight basis in amounts of not less than $100000
•;•
per accident and $300,000 per occurrence for bodily
injury and $25,000 property damage.
C. All Risk property insurance coverage on a
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replacement cost basis for real and personal property
located at or on the premises unloss said personal
property is owned by the User. 'ate y o l m
shall be named as a Named Insured on such policy.
A. The policy -or policies of insurance required shall
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be so written that the policy or policies may not be
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days van wfitteft `hOfide 1.d the Cite of �H a ti t�eiiiq
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delie�ereci tci he Risk Mann di�enF biVidioii, 'iilatiGe
tieartten+, 55 SSW• pirst Street, Miami, Florida
33130-
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Auri=ent Certifcatd of insurance showing the required d6verage
shall b6 supplied to ►tie pfoerty Lease Management Of£ice bf
"tze ;.'ity• InsuYanoe i�olioies r3 c P_c al5ove shall be issued by
co�lpanes authorised to do business under the lags of the stare,
with the following qualifica'iohs as to manac3emen* and financial
-
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s _reng .ht
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as o financial strength, in
management, and no less than class }'
aocordatice with the •.latest edition of Sest's Key Rating Guide,.
published by Alfred M. Best Company, Inr., 75 Fulton Stree`, New
York, New York.
lbPtACEFUh SURRENDER
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at the zxpiration of this Revocable permit period, or any
r ons and renewals hereof, the Permittee shall, without:
extensions
demand, quietly and peaceably relinquish, surrender and deliver
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the facili*. in as ood condition as it is now,
up possession of y 9
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except for normal wear and tear and decay and damage- by the
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elemen is other acts of God, or riots; such relinquishment,
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surrender and delivery also being required, upon demand of the
City rlanager, pursuantto the provisions of Paragraph 19 hereof.
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17 . NOTICE
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All notices under this Revocable permit must be in writing
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and shall ids deemed to be served when delivered to the Permittee
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at
KiWANIS CLUB OF AFRO AMBR1CAN
F♦ Q. BOX 381234
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liAMl, FLORID& 3313$
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Notive to the City shell. be deemed duly served when delivered
cityMenage
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erty Lease Hanagemen
City Ot Miami
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F-0. 309 33070
�Q I� 4rove $
Florida 33 133
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Ali iiC�F ide . sefvet l be .dmimdd to be t@rve �
when rleii ePeel to ttte add er df the addressee a a fedeipt
therefore obtained.
1t3► A�VRRT��3tN`�
The Pettftitttee shall h6t permit arty si9f1s or advertiding
matter to be placed eithdf in the intdfibf or Updn the eXtefidf
a
of tiYe pretttises or grouhdg wxthdut having first obtained the
approval ttie City' i�tanager or this designee6 the City reserves
the right to erect or place upot, the premises ah appropriate sign
_1
indicating its Contribution by having issued this Revocable
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Permit.
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10 NOi+DISCAR1i$ATION
v.
The Permittee agrees that there- will- be no discrimination
,
against any persons on account of race, color, sex, religious
the remises
creed, ancestry or national origin, in the use of p
and the improvements thereon.
20. VIOLk 10"S
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r Permittee i any manner violates the restrictions
If .he Permx ee n y
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and conditions of this Revocable Permit, then, and in that.event,.
after ten (10) days written notice given to the Permittee by the
City Manager within which to cease such violation or to correct
i
such deficiencies, and upon failure of the Permittee to do so
after such written notice, this Revocable Permitshall be
revoked.,
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21. TAXES
During the term hereof the Permittee shall pay any and all
taxes of whatever nature lawfully levied upon or assessed against
(Zih
the pxaimses as a result of _ the use and occupancy of ' the
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Permittee.
22. CAPTIONS
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The captions contained in this Revocable Permit are
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inserted only as a matter of conviniunce 444 for reference and in
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no way define, limit or pr-eacribe the scope of this Revocable
a
i''e t o the intent ►f any provision thereof
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The ieic n d 'ttie RdVdCabld
Pert ` do
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the perW-toe hdr4Ut ddt are
lease and the .ef -
trot H6ee
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NO leasehold ieiketes nie
pt�tises is
danei�ed
f aetian
u do the Permitt.ee under t.He r3�bvisians
he�eo�s
the Peiiee has heeunt datised phis
Permit to be app lied for and
;gas eXecuted fthe
�ollowi�,�
Revocable
t
try ifs dUly 3u ho i��c offi�et s� as
of �i1is
day o�
' 19
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PRESIDENT
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CORPORATE SECR YMY
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(SEAL)
W iT.ti Ebb
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WIT,JESS
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Z4. .. .. V.1 .'. i.-se o*- ,'., Y.. i e is re}ce. Y:i 1. a69
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�J•.a..aµ:_li t. , .+le feel that Y liri wi .mil e—L,*-" a N►7 {Io nn vi�:'e V .tii
_ avirO n «.a•.Ae' � ..�~Qv l�r..r� Y., �«' 'Q�wY �� Y .e. .Lar
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•� reV en Yr* ze V.:e J:Al _� Mo ♦VAJ th"ems 1V�A L�. �e� �i.s
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tU'eir "^:er �S in"y ^. Jitl:� ,y'J'Yt:',_ ;eonl- 1'rc:�: Gil offer d? �Qurt;-.
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.re plan to expand our athletic proGraa':i to include softball,
base. -al ? , Oxin,;, soccer, ,*ol;' and 'crack. dditionally,
e p:,a. C ov er e tuna ^ :. orv_:rc cultural srt , ex-
"erieaces, r,e clazses, yrouth ccunoelino end otaer
ornize�: oup Mczi itzs, .ncl°coin cerus, s:zta'le o��r,
*. ;d '�h sic 11 » .t 1eSs .vor' shQps.
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y „4f tr .e. rri .'�.. ry +. '.�r'.ls y-�o �I t�T 1� :�er_d to he!7) finance a
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v1 .•�y}'1� Q pApel a ^.q ? I e ac,"' S► t- .n`J ',e
..sYnia-: re-eivee.c r.k *s'eii bsrir .+SIVsf�:4,.� +. �.r M4
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p (y (� /� .'� p •� qq+. 7� p ,�a� 1�kf� .q q /�. fr�� q. M •j r� e�
!"'!//iN��Hr((�S S!b VQ N+ a i•�1�n1#�ty w. n chQe w'cl rm Y.R MM!yfow•r�rr frr�M3�•3•}r/!�'iye�l,
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ti J!/n-Q-.snir-g oo 1f`9/ur +�.#x:l3:flkM., ��'.iR�4e-d4 *or �e- 4 zipa+ion in
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i OP MAW Pu614i15A
INTER4PPiCIt MCMORAfWOU
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bAtE o ri .,,o a�j •.aver n •1 nbe s
f tc;e y Lom; ass on
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SUBJEZ7 nesollitl'Jn AppeOVing the
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A,1opt-A-Park PPograM of
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`n Kiwanis Club of Afro-
L .
�106fe Para
cRCrtN a� REFERENCES
Sergio Pereirea
V 1 t J 'j 3 n 3 vt�. r / ENCLOSURES
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'tit is recommended that
approval in principle �e
granted the proposal of the
Kiwanis Club of Afro-American
t^ impl=,merit -an .adopt -I -;�ark
rroraay in 'door: Park; any
3at%zor2ec -o issue a ode
year revokable per;nit "or .; e
use of the park, per the
attached_ resolution."
BACKGROUND:
A`
T e niw�nis Liub of ,af ro-:American has proposed an Adopt -A -Park
.,
.
program for Moore Park. The proposal includes the provision of
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various recreational and cultural programs and the assessment of gees
- and charges for selected activities to finance the programs, with all
net proceeds to be returned to the park in the 'form of scholarships
for local youth, tournament sponsorships, awards, uniforms, special
activities and maintenance. The proposal also includes he
establishment of food and non-alcoholic beverage concessions, with
£`
all net proceeds also going -towards -the support of _the park.
,T
The Parks and Recreation Department has recommended the approval of
the proposal. I;, has also recommended that the the Kiwanis Club
programs coexist with the Cities programs and that the terms of the
arrangement be controlled by a one year revokable permit This
permit will allow the City to evaluate the success of the program,
after one year prior to granting any extensions.
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