HomeMy WebLinkAboutR-84-1070J-84-714
RESOLUTION NO. 84"'"070
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO APPROVE A FACII..ITY EXTENDED USE PERMIT
IN SUBSTANTIALLY THE FORM ATTACHED HERETO
WITH THE 81..,ACk ARCIIIVI-S HISTORY AND
RESEARCH FOUNDATION OF SOUTH Fi,ORIDA,
INC., FOR THE USE: OF 1185O NE' SECOND
AVENUE, MIAMI, FLORIDA, THE SITE OF A
FORMER FIRE STATION LOCATION.
WHEREAS, the Black Archives History and Research Foundation
of South Florida, Inc., provides a vital service to the community
of South Florida; and
WHEREAS, the Foundation has not found a permanent home; and
WHEREAS, the Foundation appeared before the City Commission
April 5, 1984 and had asked to use 4850 NE Second Avenue, a
former Fire Station which is presently vacant; and
WHEREAS, the City Commission by Motion 84-356 approved the
use of the facility provided that the restrictions and covenants
normally used in the transference of property to others by lease
be included in the Facility Extended Use Permit;
NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager's issuance of a Facility
Extended Use Permit, in substantially the form attached hereto,
to the Black Archives History and Research Foundation of South
Florida, Inc., for the use of a former Fire Station located at
4850 NE Second Avenue for a period of one (1) year is hereby
approved, subject to the approval of the City Attorney as to form
and correctness, and said Permit may be extended on an annual
basis without further action by the City Commission.
CITY COMMISS10,111
MEETINGI C'. `
SE P zo 1984
8471( — RES�LCiliQi: iro x k
J-84-714
RESOLUTION NO. 84-1070
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO APPROVE A FACTI.,T_TY FY'rENND1'L) USI' PERMIT
IN SUBSTANTTA1.,1.,Y THE 1-rRt9 ATTA(',11F1) HERETO
WITH THE 13i,ACF' AR1-111V1_;;; Ii1:>T0RY AND
RESEARCH FOUNT )ATI:0P? C,F T111 1L,ORIDA,
INC., FOR T11=_ iisl: 01, ;J850 11E .SECOND
t
AVENUE, TANT , FL.OIiTDI'l, T111? "SITE OF A
FOR14ER FIRE STATION I.,OCATION.
WHEREAS, the Black Archives History and Research Foundation
of South Florida, Inc., provides a vital service to the community
of South Florida; and
WHEREAS, the Foundation has not found a permanent home; and
WHEREAS, the Foundation appeared before the City Commission
April 5, 1984 and had asked to use 4850 NE Second Avenue, a
former, Fire Station which is presently vacant; and
WHEREAS, the City Commission by Motion 84-356 approved the
use of the facility provided that the restrictions and covenants
normally used in the transference of property to others by lease
be included in the Facility Extended Use Permit;
NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section, 1. The City Manager's issuance of a Facility
Extended Utie Permit, in substantially the form attached hereto,
to the Black Archives History and Research Foundation of South
Florida, Inc., for the use of a former Fire Station located at
4850 NE Second Avenue for a period of one (1) year is hereby
approved, subject to the approval of the City Attorney as to form
and correctness, and said Permit may be extended on an annual
basis without further action by the City Commission.
CITY CC?MmisSioi4
MEETIINTn OF
1
PASSED AND ADOPTED this 20th clay of September , 1984
ATTEST:
RAtPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
0-0
OSE GARCIA--PEDROSA
CITY ATTORNEY
Maurice A. Ferre
M A Y 0 R
•
E
� .
�
. �
CITY OF M/w*w. FLORIDA
33
INTER -OFFICE MEMORANDUM .�
TO, Howard V. Gary
City Manager
FROM ^
Donal R,` Stewart
Property Manager
oArc July 10, 1984 FILE:
a»19Jcc`Facility Extended Use Permit
Black Archives History and
Research Foundation of South
,crcncmccsFlorida, Inc.
sNcu,svncs
It is recommended that the City Manager
be authorized to approve a Facility
Extended Use Pcrmit in substantially the
form ottsc}1ed heroto �ith the Black
&rohiveind Bose;�rch Foundation
of South Florida, Znc,/ for a period of
one (l) year witb thc option �o extend
tbe uoo period on ao annual basis upon
approval of the City Commission "or the
property located at 4850 NE Second
Avenue,
The Black Archives History and Research Foundation
oil South
Florida, Ino,/
appeared
before
the City Commission of
April 5'
1984, and requested the
use of
the property locstod at,
1850 NE
Second Avenue,
n vl-c;�nt
Fire Station,
as tbcir Permanent
bo�� for
the operet.ion
o17 tbe
Blaoh
rch1ve11iot0ry and
esearch
Foundation of
�ob
FIorida/
Zno./ �o prov�de bioCnricaI
enrichment for
the commonity.
By Motion No. 84--)'�56, the City Commission approved the uso of the
facility provided that the reol[-Iriuti000 and covenants normally
- used in
the tron�forenoe of property to others
by I000c be
_ iocIudcd
in the
Facility Extended Use Pe-rmit.
The attac�,ed
Facility Extended Use ll*rmit b-as been
reviewed
and
approved
by the
Lu: Depart'meot a ro is form and this form,
-~~ called PL.ci1ity
2xnded Uo,? Pcrmit` wiIl be
used in
all
-��
vbere
oompe-itivi�dinobe
io the
bem�ioatucoes
interc:�t
of tbo
Therefore`
it
i� rccnmmeuded tb�t
the City Manager be authorized
to appruv�
thi�
FociliCy Exteodcd
Use Permit in substantially the
form aLtLcb�d
fcr use ui' the vacant
Fire Station located at 4850
N8 Secmod
uo by tbe Black
Archives History and Research
Found�tiuu
o[
3outb Florida, Inc.
D8S:WHW:amw
eoo.
/���.
FACILITY EXTENDED USE PERMIT NO. 1
ISSUED BY THE
CITY OF MIAMI
TO THE
• BLACK ARCHIVES HISTORY
AND RESEARCH FOUNDATION
OF SOUTH FLORIDA, INC.
FOR THE
USE OF
4850 N.E. 2 AVENUE
MIAMI, FLORIDA
'
Issued this day of i9
84-1070
INDEX
1.
DESCRIPTION OF PREMISES
2.
TIME
3.
PURPOSE
4.
FEE
5.
LAWS APPLICABLE
6.
UTILITIES
7.
ASSIGNMENT OR TRANSFER
8.
CONDITION OF FACILITY
9.
ALTERATION BY USER
10.
MAINTENANC£
11.
CITY'S RIGHT OF ENTRY
12.
RISE: OF LOSS
13.
INDEMNIFICATION CLAUSE
14.
INSURANCE
15.
PEACEFUL SURRENDER
16.
NOTICES
17.
ADVERTISING
18.
NONDISCRIMINATION
19.
VIOLATIONS
20.
TAXES
21.
CAPTIONS
22.
GENERAL
EXHIBIT
I
84 - 0
FACILITY EXTENDED USE PERMIT
1. DESCRIPTION OF PREMISES
The City of Miami (City) hereby issues this Facility Use
Permit to the Black Archives History and Research Foundation of
South Florida, inc- . (U cr) , for the pu?-po:^>>c and ender the
condition(s) hereinafter .7,et forth, permitt,i.nE said U:7,er to use
the facility der=cribed 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 1984, and
terminating on the day of _ 1985. This Facility
Use Permit may be extended for additional one year periods upon
request of the User, submitted in writing at. least three months
prior to the termination date, 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 written notice
of revocation sixty (60) days prior to revocation.
3. PURPOSE
This facility shall be used for the operation of the Black
Archives History and Research Foundation of South Florida, Inc.,
in order to .rovi e: ?7i ,torical c;rictim nt to thf community.
If tine U 3er t4islhe:: to .dd ervices or- chan�;e such use,
approval in writing t.iust be obtained from the City Manager before
such addition or change can be made.
4. FEE
In keeping with the City's desire to actively participate in
this activity and recognizing the unique public service provided
by the User, the fee for the use of the facility shall be One
($1.00) Dollar per year.
84 107
5. LAWS APPLICABLE
The User accepts this Facility Use Permit recognizing that
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 facility, including but not limited to
building codes and zoning r•est.rict;i.ons, ire made a part. of this
Facility Usc Permit, and the User 2gree3 to abide thcrewi.th as
the same presently exist and as they may be amended hereafter.
6. UTILT'i'IES
Unl.es:7 o1:herwi.7,(' provided herci.n, t;he Uscr, at the User's
sole cost and expen3Q, .h 7.1 provide al_l. ut.ilitic::,, including but
not limited to, el.er.,t,ricitt, wager, gas, and sewage disposal.
Trash and garage remov;�l shall be at the cost of the User.
7. ASSIGNME14T OR TRANSFER
Without the express consent of the City Commission, the User
cannot assign or transfer its privilege of entry and use granted
unto it by this Facility Use Permit.
8. CONDITION OF FACILITY
The User 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
roofs, in the seine condition, order and repair as it is in at
this time, except for reasonable wear and tear and damage by the
elements, other �cts of God, or riots. User will be responsible
for removin-T t1;s u b t c rranE r n storage tank 3._)cated on the
premises, su< h rimoval. being ;iub ject to all requi reiiie,t; of law
with thQ-User -pe ifically rig.recing to restore the Surface of the
ground and, terrain above said tank in a condition satisfactory to
the City 1,1anager or, his designee.
9. ALTERATION BY USER
A. The User gray riot make any alterations, additions, partitions
or improvements in or to the facility without the written consent
of the City Manager or designee, and the design of such proposed
alterations, additions, partitions or improvements in or to the
facility shall be first submitted to the City Commission before
or at the same time the City Manager's approval is requested.
i
All additions, partitions, or improvements shall become the
property of the City and shall remain a part of the facility at
the expiration of this Facility Use Permit and any extensions or
renewals hereof. The cost of renovation of this facility as to
alterations, additions, partitions or i.mprovcment^, shall. be borne
by and is the financial respon:,ibil.ity of the U :er.
B. The User shall. have the right to remove any movable personal
property or fi=:trues ghat, i.t pl_ace.7, on f;he premises. All
alterations, a&Ii.t,ionS, partitions or i.mp Otiem^nt;, must be in
conformance will—h the provisions of '(-Onion 5 hereof. Tf any part
of the faci.l.it�.' is in any ay dam-gcd by the rcminv�,J of such
items as staged, in 3ubsection A hereof, spid damage shall be
repaired by the User at its sole cost and expense.
10. MAINITENANCF
Except during activity authorized under Paragraph 9 hereof,
the User agrees to maintain the interior and the exterior of the
facility in good order and repair at all times, and in an
attractive, clean and sanitary condition during the period of
this Facility Use Permit or any extension or renewal hereof.
11. CITY'S RIGHT OF ENTRY
The City, or any of its properly designated agents,
representatives, or employees, shall have the right to enter said
facility during all reasonable working hours, to examine and/or
inspect the same.
12. RISK -OF LOSS
The User 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
facility, alid all risk of .loss, injury or' cf any Cl nd or
nature Whatsoever to the contents Ue11 1)uiId .ng or
improvements irtade by tine User to the ,i-Lructure or vtructures, or
to any goods, chattels, merchandise or to any other property that
may now or hereafter be placed upon said facility, whether
belonging to the User 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 the City or any of its employees,
agents, or otherwise, and to keep harmless the City from all
claims and suits growing out of any such loss, injury or damage.
13. INDEMNIFICATION CLAUSE
The User covnnant;s and agrees that it shall indemnify, hold
harmless, anal d,�fcnd the City from and against any and all
claims, i_ts, 1et-,ions, damages or causes of action arising
during the pe riod of t.hi_s Facility Use Permit, anal any cxtcn.,ion3
or renew,70-7, lanrc'of , for any personal injury, los3 of life or
damage to prnpc rty srasta;.n<ad in or on the fag J_it.y, tay reason of
or as a rcn,al_.t of the Uscr's use or operations '--hereon, and from
and against any orders, judgments, or decrees which may be
entered thereon, and from and against all ccsts, attorneys fees,
expenses end liabilities incurred in and about the defense of any
such claim and the investigation thereof.
14. INSURANCE
The 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 liability.
Products and Completed Operations coverage, Personal
Injury, ContrLIctual Liability, and Premises 'Medical
Payments cov(� r„ge shall be included, 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 gar:-ged, parked,
stored or kept at said facility ore c.n overni„ht basis
in amounts of not less that $100,000 per accident and
$300,000 per occurrence for bodily injury and $25,000
property damage.
C. All Risk Property insurance coverage on a replacement
cost basis for real and personal property located at or
84-.107
on the facility unless said personal property is owned
by the User. The City of Miami shall be named as a
Named Insured on such policy.
D. The policy or policies of insurance required shall be
so written that the policy or policies may not be
cancelled or mat,eri_ally changed without sixty (60) days
advance writ;tcn nnt:i.cs to the City of tiiami being
delivered to i:.he Flislc Management Division, Finance
Department, 65 SW First Street, Miami, Fl.oritla 33130.
A current Certi.fi.cate of rnsurnnce show ink; the required coverage
shall be si.ippl.i.ed to the Property `: Leese management: Office of
the City. Insurance pol_ici.es requiired above shall be issued by
companie5 authori.<.,ed t;o do buriness under the laws of the state,
with the follot-,i.n`; qu-y]. fi.c.iti.ons <3s to management and financial
strength: The cot�ipa, ny mu :t be rated no less than A as to
management, and no less than class X as to financial strength, in
accordance with the latest edition of Bests. Key Rating Guide,
published by Alfred 14. Best Company, Inc., 75 Fulton Street, New
York, New York.
15. PEACEFUL SURRENDER
At the expiration of the Facility Use Permit period or any
extensions and renewals hereof, the User shall, without demand,
quietly and peaceably relinquish, surrender and deliver up
possession of the facility in as good condition as it is now,
except for normal wear and tear and decay and du;r��s,Se by the
elements, other cct:3 of God, or riots; such r( d.inquis, hment,
surrender and delivery also being required, upon d-eland of the
City Manager, pursuant to the provisions of Paragraph 19 hereof.
16. NOTtCE
All notices under this Facility Use Permit must be in
writing and shall be deemed to be served when delivered to the
User at:
Black Archives history & Research Foundation
of South Florida, Inc.
4850 14E 2 Avenue
Miami, Florida 33126
Notice to the City shall be deemed duly served when delivered to:
City Manager
Attention: Property h Lease Management
City of Miami
P. 0. Box 330708
Coconut. (i?-ov ,je t ion
Miami, T-1rida 33133
All notices served b,y nail shall be deemed to be served when
delivered to the address of the addressee and a receipt therefor
obtained.
17. ADVERTISING
The 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 1�,Janagcr or his dc�,ignec. The City reserves the right to
erect or place upon the premises an appropriate sign indicating
its contribution to the historical enrichment of the community by
having issued this Facility Use Permit.
18. NONDISCRIMINATION
The User agrees that there will be no discrimination against
any persons on account of race, color, sex, religious creed,
ancestry or national origin, in the use of the facility and the
improvements thereon.
19. VIOLATIONS
s
If the User in any manner violates the restrictions and
conditions of this Facility Use Permit, then, and in that event,
after ten (10) days written notice given to the User by the City
Manager within which to cease such violation or to correct such
deficienei,-,s, --nd upon failure of the User to :o do after such
written notice, this Facility Use Permit shall be revoked.
20. TAXES
During the term hereof the 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 the User.
21. 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.
e
22.
GENERAL
The
provisions of this Facility Use Permit
do
not constitute
a lease
and the rights of the User hereunder are
not those
of a
tenant.
No leasehold interest in the facility
is
conferred
upon
the User
udder the rrovinions hereof.
I11,11
WI1NI,..::10111i T 1, , thn- IJser tlas hereunto
c i u 7, ed
this
Facility
t) -e f'rrim i.?; to tie a11P I i e d for and
has
executed
the
following;
by its duly authorized officers, as
of
this
day
of
, 19
BLACK ARCHIVES HISTORY AND
RESEARCH FOUNDATION OF SOUTH
FLORIDA, INC, a non-profit
corporation
By
PRESIDENT
11�?EI-TINE ID g r7: .Ai'RIL S, 1984----- REGnAR 11TG, CITY HALL -- DINNER KEY
A MOTIQII AUI'll ORT7.I1 G AND DIRECTING THE CITY IIANAGER TO CLOSE CERTAIN
M-84-350
STRTETS AS REQUESTED BY THE PROMOTERS OF THE HAITIMN CARNIVAL TO BE
MOVED: DAUKINS
HELD ON APRIL 21ST ANTD 221,11), 3,984, SUBJECT TO FINAL APPROVAL BY vim
SECOND: PLLTIMER
POLICI; DL'PART 1TJT,
UNANIJ40US
A MOTION APPOINTING MANNT-i MEDINA AS A MEMBER OF THE MIAMI SPORTS AND
M-84-351
E`CHIBTTIO'l AUTIiOiRITY,
IIOVEI); CAROLLO
SECOND: PEREZ
U'.NA N P,1013S
A MOTION APPOINTING LARRY TURNER AS CHAIRMAN OF THE 11IAMI SPORTS AND
11--84-352
EXHIBITION AUTHORITY.
MOVED: CAROLLO
SI COIND: I'F,"REZ
A 'MOTION AUTTIIOIRIZING AID. DIRECTING THE CITY MANAGER TO ALLOCATE AN
AI, OINT NOT TO EYCEFIT) 5 , 000 AS A C;QITTRI.BU1ON TO TIIE CHOPTN FOUIMATI 01i
OV-1,,I>: FEIRRE
FO,R CONCLFITfS TO I;h. IIT:LL) AT THE 1,IA"11 CCNVI;IITTQN' l'(";7•-
f=ECi;IM, CAROLLO
( ` r is 11 /: F f "r i - i -:
I � ;i' f1F ;"'ls�:, t>-,. Q1-:.J. Gr:��,}: i C!" 5, 001) I'I;O' , � ,..II ��..,.1`T'J ?3
•.1
tC,IhNIMOUS
DlJ)E. CGUNTY I i I?'1' ;��..��117.i) FIE. ,, ��� ,.O()0
TI-1EF. 1;1"J" , .f.!�E .'I0 T`iFZ` .NT FLINIG
HELD IN f:Z11II, I.P�I) I t'I;TIIEL , 'TEAT I' AIdY Pt O—TT` A`-Y I_i:,FT O:rFR. AF-1I R Tf-"'
EVENT, A FR.OPO ,TIONATL SH:".RE M: RETU71?N—ED TO THi: CIT- 017 I'tllifL 1.It"D
FINALLY ST'IFULATI.uG TIL.'T THEIR OPI I t ,B S P., t LJ SiT:, 7,,7 Z' 'I10 117 AUDIT
BY A C.P.A. F112.11.
A MOTION AUTHORIZING THE CITY MIANAGER TO PEr1TI T I:P.PRE'SENTATIVES OF
M-84-354
P.A.C.iE. TO REPAY FUNDS LEFT OVER kR O, EVENTS ALREADY EFLD TACK TO THE
MOVED: PLUMMER
CITY OF 11110-1I ON A MONTRLY EASIS TO TEIRASINATF AT THE 1ND OF THE CITV' S
SECOND: DA`<,�LINS
CURB ,NT FISCAL YEAR (S epteinber, I9814) 1=11 TIvT•EREST.
UNA:NIISOUS
A IdOTI-ON REFERRING TO TI1L CITY ?'VJNAGFF; A REQ, UL'ST" JIADF 1,Y TI1E FUELISI'.E'ZS
11-84-355
12M J1,EPR1?SENTAT'IVEE or, "f_IICI LLAG A71-NE" FOR HLS REIVIIN A D R-EI''ORT' TO
LOVEL): CAROLLO
T14E CITY CO2-11SSITON CONCEENING TIFF ITKCI?hSL_ Oi' 10,000 OF 'I:''HE 'FOI)hSAID
SLC,ONI): DAI,�.k S
PAGI'.7_ItdFS (1~l1 CII COILL ErL'_I:I) FOR PRO'10,110'; C>I' Tll) CITY OF Nhlr`;1)
L`.;:}tiTA'.OL'i
FOR A 'TOTAL aT' 75,000; I-"i;R'NILR STII'L'I ATINC; `l'II,t::T1�1CITY Cti; ,,I` S1C)N
T1i3S PI;t I G;'/J: Ii: I':'7.�L:I' l..F ls..`�1�i) LPC;;; ? .=.lt`I'ICII'A7 Ititl O'ti -V L(,,�A'l
1. .L'IS BY THE CITY OF i:l�"`�:I, 141�'IiSOI'CLIIAI� I)III)T, Cu)l'''Ty, Ol
E11L` 'Ii i CITY al' 1111-2•11 , 1-`UK !!F;..-; E _' f..hY—
T1III,G II. I'1S i'OLi::P. `TC) iNCUI.A( ,'L:'1:I�`.I1 ANI)
C I 1p AA E r]M, f' 1-,AL1 ;', ST I p t'A`iIIK��: '1�111:"i` ? ?�; ?�Ci 'T 1.1.1.E '11 )-. CITY C .�
T'R-1 Bu I'L'` l;Gi',L 1T `21, iuli 1� T1 3 Ri �: i i?`I i.I. ;,1l 5 , UOC1
I�
1 ;i I;O'1'IOI; 01: TIi'T'LN`j OL 11._-: CI TI ' 'I 0 .'•i...IAI F' I l-:_I: E'.'r?`1 I t)it 1 0 . 13
M-84-356
1,0C;A'Tf_1) AT N 1?. s="�l) AV1 ,1 L't1) { r�ti 11.1:I�'1, L�`1:11_:_w��i 1_ '1'0 'it t_ Li_4C::
N�a��ED• DAWKINS
SECOND: PLUMMER
I. L. i I I -
C. 0 .w1...`_. 1- , t.t.C:T..� ._. -� .:sir I _ 1'
UNANIMOUS
II•�1'Ia1 ! `', . t�.�,J1: 1 _0 lti (A
BY '1 C 1 : r.t'1' .i? . _.., Y % 1 Ci_L.''
LIi.'TA" IV StR1 S 1I:r^C�lrRIJTIi
OF T'ilE CUIT.'1� IIUSEU-M t.ND THEIR USE OF AIN ABA\TONED FIRE STATION.
84-1070