HomeMy WebLinkAboutR-85-0294J-85-253
3/7/85
rr/061/D-T
M84-1399
(12/13/84)
RESOLUTION NO. 8-5
-4
4
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ISSUE A FACILITY EXTENDED USE PERMIT,
IN SUBSTANTIALLY THE FORM ATTACHED, TO
THE FRIENDS OF THE JAPANESE GARDEN FOR
THE USE OF THE JAPANESE GARDEN IN WATSON
ISLAND PARK.
WHEREAS, the City Commission, by Motion No. 84-1399 on
i
December 13, 1984, directed the City Manager to investigate a
possible Adopt -A -Park arrangement with the Friends of the
Japanese Garden; and
WHEREAS, a Facility Extended Use Permit will allow the
Friends of the Japanese Garden to use the facility on a year-
: �—
to -year basis to raise funds for its restoration;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
issue a Facility Extended Use Permit to the Friends of the
Japanese Garden, in substantially the form attached, for the
use of the Japanese Garden in Watson Island Park.
PASSED AND ADOPTED this 2lstday of March r 1985.
TTEST:
RAL H G. ONGIE, CITY CffLrRK
PREPARED AND APPROVED BY:
ew"'� /' `'
,il
ROBERT F. CLARK T �"
CHIEF DEPU Y ATTORNEY
APPRO D AS F RM AND CORRECTNESS:
Maurice A. Ferre
M A Y O R
CITY COMMISSION
MEETING OF
• YVVVi3Ln1 � �.it-; h-r-1"Vi[LVGx MAR 21 1985
RESOLU110N 1 0. 55-294
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Randolph B. Rosencrantz DATE. February 26, 1985 FILE -
City Manager
SUBJECT: Resolution Authorizing
a Facility Extended Use
`�!`•! permit for the Japanese �_
G rGarden
FROM: Carl Kern, Director REFERENCES: March 14, 1985, City
Parks and Recreation Department Commission Agenda
ENCLOSURES:
I.
6'.
"It is recommended that the
—
City Manager be authorized to
issue a Facility Extended Use
Permit to the Friends of the
Japanese Garden for the use of
the Japanese Garden on Watson
Island Park, formalizing
Motion No. 84-1399, per the
attached resolution." ;
On December 13, 1984, the City Commission directed the Administration
to investigate a possible Adopt -A -Park arrangement with the Friends
of the Japanese Garden for the benefit of the City's Japanese Garden
in Watson Island Park.
The Parks and Recreation Department, in cooperation with
representatives of the organization, have developed a Facility
Extended Use Permit for the Japanese Garden. This Permit will allow
the organization to use the Garden on a year to year basis to restore
and maintain it.
The approval of the
issuing the Permit,
requirements.
Nl�j cc: Law Department
City Commission will allow staff to proceed with
once the organization meets all the agreed upon
85-294
FACILITY EXTENDED USE PERMIT NO -
ISSUED BY THE
CITY OF MIAMI
TO THE
Friends of the
Japanese Garden,
Inc.
FOR THE
USE OF
the City of Miami
Japanese
Gardens
Issued this day of 1985
CITY MANAGER
85-294.
INDEX
PAGE
1.
DESCRIPTION OF PREMISES
3
'
3
2.
TIME
3
3.
PURPOSE
3
•
4.
FEE
3
5.
AUDIT RIGHTS
4
6.
LAWS APPLICABLE
4
7.
UTILITIES
4
g,
ASSIGNMENT OF TRANSFER
9.
CONDITION OF FACILITY
4
5
10.
IMPROVEMEMT
5
11.
MAINTENANCE
r
12.
CITY'S RIGHT OF ENTRY
5
5
13.
RISK OF LOSS
14.
INDEMNIFICATION CLAUSE
6
6
15.
INSURANCE
r
7
16.
PEACEFUL SURRENDER
17.
NOTICES
7
ADVERTISING ,
19.
NONDISCRIMINATION
. '
$
20.
VIOLATIONS
21.
TAXES
S
�
8
22.
CAPTIONS
9
23.
GENERAL
EXHIBIT I
85-294
FACILITY EXTENDED USE PERMIT
1. DESCRIPTION OF PREMISES
The City of Miami (CITY) hereby issues this Facility Use
Permit to the Friends of the Japanese Gardens, Inc. (USER), for
the purpose and under the condition(s) hereinafter set forth,
permitting said USER to use the facility described in Exhibit I
attached hereto and made a part hereof.
2. TIME
This Facility Use Permit shall be valid for a period of
one (1) year commencing on the day of ,
1985, and terminating on the day of , 1986.
This Facility Use Permit may be extended for additional one year
periods upon request of USER, submitted in writing at least three
months prior to the termination date, and upon the approval of
the City Commission. This Facility Use Permit or any extensions
and renewals thereof, in addition to the termination which may
result from or under the -provisions of Paragraph- 19 hereof; may
also be terminated by the City Commission by delivery of a writ-
ten notice of revocation sixty (60) days prior to revocation.
3. PURPOSE
The purpose of this use agreement is to allow USER to
restore, maintain and operate the Japanese Garden for the benefit
of the residents and visitors to CITY.
4. FEE
A. In keeping with CITY's desire to actively participate
in this activity, and recognizing the public service provided by
USER, the fee for the use of the facility shall be One ($1.00)
Dollar per year.
B. In order to restore, operate and maintain the Garden,
CITY will permit USER to charge entry and user fees. The City
Manager or his designee must approve all fees in writing.
S. AUDIT RIGHTS
A. USER shall provide CITY with a letter from an inde-
pendent certified public accountant (C.P.A.) which establishes
3 85-294
that USER's internal controls are adequate to safeguard its
assets and properly record funds. CITY will not approve this
Permit prior to the receipt of this letter.
B. CITY reserves the right to audit the records of USER
at any time during the performance of this Permit and for a
period of three years after the termination of this Permit.
C. USER will submit to CITY's Department of Parks and
Recreation an independent audit, by a certified public account-
ant, which must include the expression of an opinion on the
financialstatements and accounts: of funds-. .: Said audit. shall be_
submitted to CITY's Department•of -Parks and -Recreation no later
than 90 days after the termination of this -Permit.
6. LAWS APPLICABLE
USER accepts this Facility Use Permit recognizing that all
laws of the State of Florida, Ordinances CITY and Dade County,
Florida, pertaining to the operation and maintenance of the
facility, including but not limited to building codes and zoning
restrictions, are made a part of this Facility Use Permit, and
_
USER agrees to abide therewith as . the same. presently exist .and-,.
as they may be amended hereafter.
_
7. UTILITIES
Unless otherwise provided herein, CITY shall provide
1:
utilities, 'including electricity and water. Trash and garbage
;
removal shall be at the cost of CITY.
8. ASSIGNMENT OR TRANSFER
Without the express consent of the City Commission, USER
cannot assign or transfer its privilege of entry and use granted
unto it by this Facility Use Permit.
c
k
9. CONDITION OF FACILITY
USER hereby accepts the facility in its present condition
and agrees to maintain the interior and exterior of the facility,
in the same or better condition, order and repair as it is in at
this time, except for reasonable wear and tear and damage by the
elements, other acts of God, or riots.
85-294
10. IMPROVEMENT
(A) USER agrees that no construction, repairs, altera-
tions or improvements may be undertaken upon the facility unless
the plans:
(i) are first submitted to Property and Lease Management
for presentation and review by all Departments and Offices with
jurisdiction, and
(ii) are approved by the City Manager of the City of
Miami, Dade County, Florida, and
(iii) are in compliance ,with all State, County and CITY
rules and regulations, and --any other• agency that - may-.. have- ..
jurisdiction in these matters.
(B) Upon completion of construction, the .paid invoices,.. I:
receipts a^d ether such documents shall be submitted to the City
Manager and shall be incorporated herein and attached hereto.
11. MAINTENANCE
i Except during activity authorized under Paragraph 9 herof,
USER agrees to maintain the interior and the exterior of the
facility in good order and repair at all times, and in an attrac-
_'. tive, clean and sanitary condition during the period of this
Facility Use Permit or any extension or renewal hereof.
12. CITY'S RIGHT OF ENTRY
CITY; or any of its properly designated agents, repre-
sentatives, or employees, shall have the right to enter said
facility during all reasonable working hours, to examine and/or
inspect the same.
13. RISK OF LASS
USER shall indemnify and save harmless 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 facility,
and all risk of loss, injury or damage of any kind or nature
whatsoever to the contents of such building or improvements made
by USER to the structure or structures, or to any goods, chat-
tels, merchandise onto any other property that may now or here-
after be placed upon said facility, whether belonging to USER or
5 85--294
others, whether said loss, injury or damage results from. -fire;
hurricane, rising water of from any otherroause •dr•fother =contis�'� .-
gency, 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 loss, injury or damage.
14. INDEMNIFICATION CLAUSE
USER covenants and agrees that it 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 Facility Use Permit, and any extensions
als hereof, for any personal • injury, loss of life -,or-, -damage, .to-
property sustained in or on the facility, by reason of. or. as -a j
result of USER'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; expense's and
liabilities incurred in and about the defense of any such claim -•
i-
and the investigation thereof.
15. INSURANCE
USER shall maintain throughout the period of this Facility
Use Permit, and any extensions or 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 lia-
bility. Products and Completed Operations coverage,
Personal Injury, Contractual Liability, and Premises
Medical Payments coverage shall be included. The City
shall be named as an Additional Insured on all insur-
ance policies.
B. All Risk Property insurance coverage on a replace-
ment cost basis for real and personal property located
at or on the facility unless said personal property is
owned by USER. The City of Miami shall be named as a
Named Insured on such policy.
SS-294
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 Risk Management Division, Finance Department, 65
S.W. First Street, Miami, Florida 33130. —
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
_ companie ...authorized .:to :'.do. business . under the .-laws 'of =.the :State,,,'!.-
--_• with the following -qualifications -as to management,• and.. financial ^•f°' =l
strength: The company must be rated no less than -A as•to manage--
ment, and . no . less than. Class X as to financial _ strength, -..in..
accordance with the latest edition of Best's Key Rating Guide,
published by Alfred M. Best Company, Inc., 75 Fu-Iton Street, -New,
York, New York.
16. PEACEFUL SURRENDER
At the expiration of the Facility Use Permit period, or
any extensions. and renewals. hereof, .USER -shall, without demand,_
quietly and peaceably relinquish, surrender and deliver up pos-
session of the facility in as good condition or better as it is
now, except for normal wear and tear and decay and damage by the
h.
elements, other acts of God, or riots; such reiinquisnment,
surrender and delivery also being required, upon demand of- the
City Manager, pursuant to the provisions -of Paragraph _19.hereof
17. NOTICE
All notices under this Facility Use Permit must be in
writing and shall be deemed to be served when delivered to USER
at:
Friends of the Japanese Gardens, Inc.
c/o Agnes Youngblood
5500 S.W. 84 Terrace
Miami, Florida 33143
Notice to CITY shall be deemed duly served when delivered to:
City Manager
Attention: Parks and Recreation Department
City of Miami
P.O. Box 330708
Coconut Grove Station
Miami, Florida 33133
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 Risk Management Division, Finance Department, 65
S.W. First Street, Miami, Florida 33130.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property & Lease Management Off ice •of
CITY. Insurance policies required above shall be issued by
_ companies. .-authorized.:to -.do. business •under the .-laws 'of ;the :State;,°
_• with the ••follow ing •qualificat ions -as to management-, and- finaneial•
µ T strength: The company must be rated no less than -A as •to manage -
men t, and . no . less than. Class X as to financial _ strength, -..in..
accordance with the latest edition of Best's Key Rating -Guide,
published by Alfred M. Best Company, Inc., 75 Fu-1ton Street, -New-.
York, New York.
16. PEACEFUL SURRENDER
At the expiration of the Facility Use Permit period, or
any extensions. and renewals. hereof, _.USER.shall, .without -demand,....
quietly and peaceably relinquish, surrender and deliver up pos-
session of the facility in as good condition or better as it is
now, except for normal wear and tear and decay and damage by the
elements, other acts of God, or riots; such relinquishment,
surrender and delivery also being required, upon demand of - the •F
City Manager, pursuant to the provisions .of Paragraph-19 hereof
17. NOTICE
All notices under this Facility Use Permit must be in
writing and shall be deemed to be served when delivered to USER
at:
Friends of the Japanese Gardens, Inc.
c/o Agnes Youngblood
5500 S.W. 84 Terrace
Miami, Florida 33143
Notice to CITY shall be deemed duly served when delivered to:
City Manager
Attention: Parks and Recreation Department
City of Miami
P.O. Box 330708
Coconut Grove Station
Miami, Florida 33133
7 ss-294
All notices served by mail shall be deemed to be served
when delivered to - the address - of• -the addressee.- .and e- receipt;::";*. + =
therefor obtained.
18. ADVERTISING
USER shall not permit any signs or advertising matter to
be placed either in the interior or upon the exterior of the
facility 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 premises an•appropriate sign indicating
its contribution by.,having.issued.this.Facili-ty-Use Permit.
19. NONDISCRIMATION. ..
USER agrees that .there. will .be no .discrimination . against
F
any persons on account of race, color, sex, religious creed,
ancestry or - national• origin•, in the use •of the facility- and ••the
improvements thereon.
20. VIOLATIONS
If USER in any manner violates the restrictions and condi-
tions of this Facility Use Permit, then, and in that event, after
ten (10) . days. written notice given to USER -by .the City. --Manager..-•
within which •to cease such violation or to correct such
deficiencies, and upon failure of USER to do so after such writ-
ten notice, this Facility Use Permit shall be revoked. Upon
revocation for any reason, all net revenues shall revert to CITY.
Net- revenues shall . -be determined . by an audit :to -be. -conducted -by'
CITY: t
21. TAXES
During the term hereof USER shall pay any and all taxes of
whatever nature lawfully levied upon or assessed against the
facility as a result of the use and occupancy of USER.
22. CAPTIONS
The captions contained in this Facility Use Permit are
inserted only as a matter of convenience and for reference and in
no way define, limit or prescribe the scope of this Facility Use
Permit or the intent of any provision thereof.
�r J-85-171
23. GENERAL
The provisions of this Facility Use Permit do not consti-
tute a lease and -the rights of -USER hereunder are not those of a
tenant. No leasehold interest in the facility is conferred upon
USER under the provisions hereof.
IN WITNESS WHEREOF, USER has hereunto caused this Facility
Use Permit to be applied for and has executed the following by
its duly authorized officers, as of this day of
19
By
PRESIDENT
WITNESS
9
85-294