HomeMy WebLinkAboutR-78-0303C/bbb
4/27/78
RESOLUTION NO, 7 zj
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE 62ND STREET
COMMUNITY DEVELOPMENT CORPORATION, A NON-PROFIT
FLORIDA CORPORATION, FOR THE OPERATION AND
MAINTENANCE OF AFRICAN SQUARE PARK, IN ACCORDANCE
WITH THE TERMS AND CONDITIONS AS CONTAINED IN
THE ATTACHED AGREEMENT COPY, UTILIZING C.E.T.A.
POSITIONS FOR STAFF, FOR THE PERIOD APRIL 10,
1978, THROUGH SEPTEMBER 30, 1978, WITH FUNDS
THEREFOR ALLOCATED FROM THE GENERAL FUND,
SPECIAL PROGRAMS AND ACCOUNTS -CONTINGENT FUND,
IN THE SUM OF $25,433.97, AND A FURTHER
ALLOCATION FROM C.E.T.A, TITLE II FUNDS, IN
THE AMOUNT OF $61,990.74.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
"DOcumEn I, DEx
Section 1. The City Manager is herebyTtttih'd Qcd tQ
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execute an agreement with the 62nd Street Community Development
Corporation, a non-profit Florida Corporation, for the operation
and maintenance of African Square Park, in accordance with the
terms and conditions as contained in the attached agreement
copy, utilizing C.E.TOAn positions for staff, for the period
April 10, 1978, through September 30, 1978, with funds hereby
allocated from the General Fund, Special Programs and Accounts -
Contingent Fund, in the sum of $25,433.97, and a further alloca-
tion from C.E.T.A, Title II Funds, in the amount of $61,990.74.
PASSED AND ADOPTED this 27 day of April , 1978.
ATTEST:
Maurice A. Ferre
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MAURICE A. FERRE, MAYO R
RALPH G, ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F.• CLERK, ASSISTANT CITY ATTORNEY
VED AS TO FORM AO COR1U CTNESS :
,
GEORGIC F. KNOX, JR„ , CITY A
EY
CJTY COMMSSIQN
MEETING OF
APR ; i��((111978
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LEASE AGREEMENT
FOR
AFRICAN SQUARE PARK
BETWEEN
CITY OF MIAMI
AND
6aND STREET COMMUNITY DEVELOPMENT CORPORATION
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INDEX
1 i DESCRIPTION OF PREMISES 1
2. TERM 2
3. FUNDING , 2
4. CONDITIONS SUBSEQUENT . 2
5. MAINTENANCE OF PREMISES •
6. USE
7. ASSIGNMENT OR SUBLETTING
8. RIG1•IT TO ALTER PROGRAMS AND ACTIVITIES
9. ALTERATIONS
4.
10. INSURANCES
8
11. FURNISHINGS, FURNITURE AND EQUIPMENT 9
12. UTILITIES 9
13. HOLD HARMLESS PROVISION 9
14. RISK OF LOSS. 9
15. ADVERTISING 10
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5
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16. RIGHT OF ENTRY UPON PREMISES 10
17. LAWS APPLICABLE 10
18. CANCELLATION BY LESSEE 10
19. CANCELLATION BY THE CITY 10
20, NON-DISCRIMINATION 11
1. WRITTEN NOTICE 11
IN WITNESS WHEREOF. • • • • • •. • • , •,,,, •.,. •...,11
SIGNATURE PAGE'• • • • • • • • • • • • • OOOOOOOO • • • • • • • 11
CERTIFICATE AS TO CORPORATE PRINCIPAL ,, • • • • • • .. .
1,F.AS ACIttE MEN '
TUTS LEASE AOttEEMENT catered into this day of, v...._�_ ► 1 r
by and between the City of Miami, a municipal corporation of the State of Florida,
Lessor, hereinafter referred to as "CITY", and the 62ND STREET COMMUNITY
DEVELOPMENT CORPORATION, a non-profit corporation incorporated under
the laws of the State of Florida, hereinafter referred to as "LESSEE."
WITNESSETH
WIIEREAS, the Commission of the City of Miami, by the adoption of
Resolution No. 73-749 dated September 25, 1973, indicated support for African
Square Park, as a part of Dr. Martin Luther King Boulevard Linear Park, and
approved the use of $57, 390 from the 73-74 general revenue sharing funds to
aid the project; and
WHEREAS, the 62ND STREET COMMUNITY DEVELOPMENT CORPORATION,
is a recreational, economic, and social service organization for the citizenry
residing in the Miatni area, and have submitted a proposal thereof; and
WHEREAS, the Commission of the City of Miami,by the adoption of
Resolution No. authorized the City Manager and the City Clerk to
enter into an agreement with the 62ND STREET COMMUNITY DEVELOPMENT
CORPORATION for the operation of African Square Park, thereon owned by the
City of Miami, for the operation of community recreation, economic, and social
service facilties; and
WHEREAS, it is considered to be of best interest in authorizing the City
Manager and City Clerk to engage the 62ND STREET COMMUNITY DEVELOPMENT
CORPORATION in said Lease;
NOW, THEREFORE, in consideration of the promises and mutual covenants
hereinafter contained to be observed and performed, the parties hereto covenant
and agree as follows;
I. DESCRIPTION OF THE PREMISES:
The CITY hereby ',caeca to LESSEE, and LESSEE hereby leaeee from
CITY that certain real property legally described as.
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(a) A11 of Lot 11 through 26 and Lot 29, biock 10 of
tesubdiVision of ORANGE HEIGHTS, according to the Plot thereof,
recorded in Plot book 14, page 62 of the Public Records of bade
County, Florida, and generally located at N.W. 14 Avenue and br,
Martin Luther King boulevard (N,W. 62 Street).
2. TERM:
The term of this agreement shall be for a period of
one-half ('I) year commencing on the 10 day of April , 1978,
and terminating on the 30 day of September , 1978. It is
mutually agreed that the Lease Agreement may be terminated by
either the CITY or the LESSEE as stipulated in Section 18 and 19
of the Agreement.
3. FUNDING:
The CITY shall provide to the LESSEE funding for the
term of lease, in the amount of $87,424.71
allocated in the amount
of $61,990.74 from CETA Title II Funds, and $25,433.97 of City General
Funds, to be utilized and distributed as indicated in the accepted
budget for the facility, attached hereto for reference. With
exception of CITY'S return of Fifty (50) Percent of the Concession-
aire's Lease Fees, as described in Section 7 (b) and (c), and the
possibility of the CITY funding special,social and/or cultural
events, this amount will be the sole amount allotted to LESSEE for
the term of lease. The CITY will reserve the right to review and
audit accounts and records of LESSEE and correct or make changes
if necessary.
4. CONDITIONS SUBSEQUENT:
The LESSEE shall be required to negotiate in accordance
with this Agreement, operation of the City's facility known as
TWELFTH AVENUE PARK, located on the southwest corner of N.W. 12
Avenue and Dr. Martin Luther King Boulevard (N.W. 62 Street). The
subject facility is currently in design and will include several
vendor stalls similar to African Square, providing basic economic
development activities.
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5. MAINTENANCE Qwl _ Nt,l•.M t$l St
(a) 'i'lic! LESSEE sliall, at its sole cost and expense, maintain, in good
order and repair, and in an attractive clean and sanitary condition, the
following:
1, Leased "ititeriotI1N tl ises, with the exception of major
utilities as electric, plumbing and water, which the CITY
will be responsible for. This includes, but not limited to,
cleanliness of walls, sanitary facilities, replacetnent of
lights, etc.
/. Leased "exterior" premises, with the exception of structural
features as roof, inasonary cracks, etc. This includes, the
LESSEE'S responsibility for, but is not limited to, cleaning
of walls, walks, courts, garbage cans, neat appearance of
play areas, open markets, amphitheater, and maintenance
of trees and shrubs.
The LESSEE shall follow maintenance standards set forth by the Department
of Parks as follows:(1) Landscaped areas - mowing of grass once a week,
cutting groundcovers every second week, clipping of hedges and shrubs
every second week, with exception of asparagus, trimming of trees four
times a year. (2) Playground - should be raked and pick-sticked everyday.
(3) All purpose court should be swept and broomed everyday. (4) Building,
Office and Amphitheater - swept and broomed everyday. (5) Sidewalk
and Parkway - swept and broomed everyday. (6) Watering (irrigation) -
three times a week for a period of forty-five (45) minutes each. The overall
program to keep park in condition stated shall be evident on a daily bases.
Foliage as described above, shall be maintained green and healthy, allowing
natural growth to complement the surrounding concrete and wood structures.
Custodian -Maintenance employee hired, shall have prior experience in
maintenance of building and grounds, with general knowledge of plantlife and
growth, being able to recognise and foresee problems, and able to communicate
tci Barks l)ivisinn tYt' CITY'S designee, as to any such problenis and/or
advice on any matter.
Upon the LESSLt,'S failure to maintain the 014e4mises in the condition heretofore
set forth, to the satisfaction of the City Manager of the: CITY, or the; CITY'S
designee, then the CITY, through the City Manager, or the CITY'S designee,
may make at its sole option, the necessary expenditures to maintain the
premises in a good, clean, sanitary and attractive state, and shall assess
the cost therefore, or the cost of any necessary repairs, against the LESSEE,
and the LESSEE shall, within ten (10) days after receipt of notice of the
cost thereof, rernit said amount to the CITY or, otherwise shall be in default
of this Lease Agreement.
(b) The LESSEE shall provide, at its sole cost and expense, all
custodial or janitorial services and furnish all equipment and personnel
necessary to maintain the premises in a condition of proper cleanliness,
orderliness and state of attractive appearance at all times.
(c) The LESSEE shall not suffer or permit any waste or deterioration
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of the demised premises or its fixtures, contents or equipment caused by
vandalism, malicious mischief or other acts of persons under the control
of the LESSEE. These shall include, but not be limited to, the plumbing
and other pipes, all components of the heating, air conditioning,
refrigeration, cooking, ventilating system, electrical systems, telephone,
gas and public utility systems and lines, and the landscaping, fencing,
windows, paint and other elements of the structure or structures on the
premises.
6. USE:
LESSEE shall use the premises described herein for the primary
purpose of conducting community recreational, economic, and social services
as described in the proposal submitted and attached hereto for reference,
7. ASSIGNMENT OR SUBLETTING;
(a) LESSEE shall be permitted to assign the Lease Agreement
tO Youth Industries, hie., including the right to assignment of concessionaires
to accommodate open markets. The LESSEE shall not make any other
assignment of the Lease Agreement, nor sublet, nor assign any portion of
the demised premises, nor grant any coneession whatsoever during the term
of the Lease Agreement without flrsthaving obtained the authorization of the
City Manager of the CITY of Miami, or the CITY'S designee, whose consent
should not be unreasonably held.
(b) The concessionaires assigned to run the open market booths
will constitute neighborhood vendors who will•be provided an opportunity for
basic economic development. The LESSEE or the assignee, Youth Industries,
Inc., will provide in writing the assignment of concessionaires to the Director
of the Department of Parks, or the CITY'S designee , which will
reserve the right to review and make changes as deemed necessary, and
upon approval of assignments the physical operation may be initiated.
(c) Each concessionaire under Section (b) shall remit directly to
the CITY, a monthly Lease Fee, by invoice, to the Accounts Receivable
Division of the City of Miami Finance Department, consisting of three dollars
and fifty cents ($3. 50) per day, or one hundred dollars ($100. 00) per month
based upon each individual concessionaire's agreement with the LESSEE,
excluding amounts of any Federal, State or City sales tax, or any other
tax, collected from customers •and required by law to be remitted to the
taxing authority. Fifty (50) percent of the above described Lease Fees shall
be returned by the CITY, as a contribution to the LESSEE for utilization in
providing additional funds for the operation of African Square Park. The
CITY will reserve the right to review and audit accounts and records of
LESSEE, and correct or make changes if necessary, including review of
utilization of funds returned by the CITY,
8, RIGHT TO ALTER PROGRAM AND ACTIVITIES;
(a) The LESSEE will have the right to exercise its judgment and
expertise for complete park operation and management in )(coping with
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standards described ih paragraph (o) of this section.
(b) The CITY shall reserve and exercise, when deemed necessary,
the tight to monitor and make changes in programs and activities of the
facility under this Lease Agreement. The tESSEE will provide to the
Director of the Department of Parks, or the CITY'S designee, in writing
schedules of all programs, activities, events, etc., on a monthly basis
prior to initiation. The LESSEE shall be notified in writing by the
bepartment of Parks, or the CITY'S designee, as to any changes to he
made. Such rights shall also include safety procedures, administration,
staff, policies, and conduct, park operation policies, etc. The CITY
will notify in writing any changes with due cause deemed necessary.
The LESSEE shall be required to follow recreation standards which closely
relate to existing CITY policies for all aspects of operating the facility.
This shall include:
1. Personnel to be employed under Agreement shall have desirable
backgrounds and knowledge in the field of recreation:
(a) Executive Director - professional expertise and experience
in organization, administration and planning of recreational and business
programs: with four (4) year college degree in Recreation, business or
related field, with six (6) years experience as Director of programs
requiring development and supervision. (b) Project Coordinator -
administrative and supervisory work of a professional nature in planning
organizing and supervising recreational programs of a wide variety, with
four year college degree required in recreation or related field and
experience in recreation work or two years of college in social services
and related field and two years full time experience in recreation work.
(c) Asst. Coordinator - assisting in administrative and supervisory
work with two (2) years college required in administration or related
field, or four (4) years experience in administration or related field,
including supervision of personnel. (d) Secretary - shall be required
to do basic clerical work, including typing operation of office machines
and acting as a receptionist.(e) Recreation Leader II - general recrea-
tion work in conducting and supervising programs and activities, completion
of two years of college in recreation or related field with experience in
recreation work or two years full time experience in field required,
(f) recreation Leader - Instructing and assisting in the supervision
Of activities, a high school graduate required, preferably supplemented
by two years of college, and some experience or participation in recrea-
tional activities.
2. Programming shall be one of wholesome activities
utilizing the facility to its fullest and meeting the need of the community
it serves. The LESSEE may contact the 'Department of
Parks, or the CITY'S designee for any advice concerning the above.
Suggested activities may include low -organized games for children,
general supervision of tot -lot, skating, volleyball, tennis, arts and
crafts, talent shows, beauty contest, puppet shows, plays, singing
groups, speakers, exhibits and other related programs.
General duties of staff shall include (1) The general
administering of a general program. (2) To advise personnel on
methods and techniques for improving programs. (3) Scheduling of
staff and recording their hours in order to be accountable. (4) Maintaining
daily attendance and activity records and a review of same. (5) Requisitioning
of materials and equipment. (6) Organizing and .instructing games and
activities. (7) Supervising free play. (8) Handling of disciplinary problems
should the need arise. (9) To have or acquire knowledge of first aid and
safety procedures suitable for the public's needs. (10) Maintain equipment,
including issuing and collecting. (11) Assist superior in any manner as
needed. (12) Stimulate interest.
If at any time in the reasonable opinion of the CITY, the operation of the
facility contradicts recreation standards set forth by this Agreement, the
LESSEE will be notified, in writing, by the Department of Parks, or the
CITY'S designee, whereupon the LESSEE shall take immediate action
to remedy the situation or be found in violation of this Agreement.
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9. A t `t' •;t.A I:10t`15t
(a) LtSSEG shall have the right to make changes and alterations
to the pretises as it shall deem necessary for its purposes, provided the
City Manager, or the CITY'S designee, prior to the commencement of
any work, is notified of such changes in writing, and plans thereof submitted
to him for approval, The City Manager, or the CITY'S designee, must
authorize any changes or alterations to the premises in writing. All work
shall be done in a good and workmanlike manner, and the required permits
therefor shall be obtained from the CITY,
(b) All permanent alterations, improvements, additions or
partitions made or installed by LESSEE in conformance with paragraph (a)
above, shall become the property of the CITY upon the expiration of this
Lease Agreement. All such alterations or improvements as set forth in
this provision shall be made at the LESSEE'S sole expense.
10. INSURANCE:
The LESSEE shall obtain at its sole cost and expense and maintain,
with respect to the leased premises at all times during the term of this lease,
Public Liability Insurance, in the amount of not leas than $300, 000 each
occurrence for Bodily Injury and $50, 000 per occurrence for Property Damage.
The CITY of Miami must be named as an additional insured on all policies.
The concessionaires must furnish a products liability certificate to CITY.
The policy of insurance shall provide that the CITY be given at least thirty
(30) days advance written notice of concellation of said policy. A certificate
of insurance must be provided by the LESSEE and/or Concessionaire, which
will reflect the abovementioned limits of liability, prior to the execution of
this Agreement. Said certificate shall be reviewed and approved by Risk
Management Division of the CITY of Miami.
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114 rtttthlt5,t-ttt4081 t ttt*Ntrt r Arai t outt=mr Ner:
The LESS r shall provide all furnishings, furniture and equipment
essential to its operation, and agrees that any furttishiiti;s, furniture acid
equipment subsequently received from the CITY shall be subject to and
`accounted for by inventory apart from the list of Capital equipment as
referenced in the attached proposal. Said inventory, shall be jointly
prepared and signed by the officials of the 62Nb STREET COMMUNITY
bEVELOI)MENT CORPORATION, and the Director of the bepartment of
Parks, or the CITY'S designee.
12. UTILITIES:
The CITY shall furnish and pay for all utilities used at the
leased premises in connection with the purposes of the Lease Agreement,
excluding telephone.
13. HOLD HARMLESS PROVISION:
The LESSEE shall indemnify, defend, and save harmless the
CITY against any and all claims, suits, actions, damages or causes of
action arising during the'term of the Lease Agreement for any personal
injury, loss of life or damage to property sustained on or about the leased
premises by reason of, or as a result of, the LESSEE'S occupancy, uses,
activities, and operation thereon, from and against any orders, judgment,
or decrees which may be entered thereon, and from and against all costs,
attorney's fees, expenses and liabilities incurred in the defense of any
such claim and the investigation thereof.
14. RISK OF LOSS:
LESSEE shall indemnify, defend, and save harmless the CITY
against all risks of loss, injury or damages of any kind or nature whatsoever
to property now or hereafter placed on or within said leased premises, and
all risks of toss, injury or damage of any kind or nature whatsoever to
the contents of such building or improvements made by the LESSEE to the
structure or structures, or to any goods, chattals, merchandise or to any -
other property that may now or hereafter be placed upon said leased premises,
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Whether belonging lu the 141 S I V: or others, whether said loss, injury of
tl`ttl►ages results from fire, hurricane, tising water or front any other cause
nt' other contingency, anti whether the same be caused isy the elai,i%td
negligence of the CI`1`Y1 or any of its employees, agents, or otherwise, and
to keep hamless the CITY front all claims and suits growing otit of any
such loss, injury or damages.
15. ADVI IVIISINth
The LESSEE shall not permit any signs or advertising matter
(other than small directional or informational type signs) to be placed either
in the interior or upon the exterior of the premises or grounds without having
first obtained the approvalof the City Manager of the CITY, or the CITY'S
designee. The CITY reserves the right to erect or place upon the leased
premises an appropriate sign indicating its contribution and/or support of
the premises.
lG. RIGHT OF ENTRY UPON PREMISES:
LESSEE agrees to permit the CITY, by its Manager's designated
personnel, to enter:upon the premises at any time for any purpose the City
Manager of the CITY or the CITY'S designee deems necessary or incidental
to, or connected with the performance of CITY'S duties and obligations
hereunder, or in the exercise of its right or function.
17. LAWS APPLICAi3LE:
The LESSEE enters into the Lease Agreement recognizing that all laws.
of the United States, State of Florida, Ordinances of the City of Miami and Dade
County, Florida, pertaining to the operation of the leased premises are made
a part of the Lease Agreement, and LESSEE agrees to abide thereby.
18. CANCELLATION BY LESSEE:
It is agreed that this Lease Agreement may be cancelled by LESSEE
upon thirty (30) days written notice, to the City Manager of the CITY. All
payments due to the CITY under the terms of this lease shall be due and
receivable on the day of cancellation for the period to and through the date
of cancellation.
19, CANCELLATION BY VIE CITY:
The CITY reserves the right to cancel, terminate, and declare this
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Lease Agreettiet;t Yo be ht and void at its sole option in t event LESSEE may cease
to existLtSSFt [ails to cotply with any of the terts and conditions of this Agree=
bent, pretiiises are needed by the CITE for other municipal purposes, or for purposes
of the CITY'S best interest. Notice of cancellation shall be given at least three ( )
months prior to effective date of termination, in writing, and mailed to the 62 Nb
STREET COMMUNITY SEVELOPMENT CORPORATION, 1466 N. W. 62 Street , Miatr i,
Florida 3142.
20. NON=1D1SCRIMINATION:
LESSEE agrees that there shall be no discrimination as to race, sex, color,
creed or national origin in connection with any operations under the privileges granted
by this Agreement.
21. WRITTEN NOTICES:
LESSEE agrees that all notices under this Lease Agreement to be given
to LESSEE must be in writing and shall be deemed served when delivered to the
leased premises in care of LESSEE, and LESSEE further agrees that all notices
to be given to the CITY must be in writing and shall be deemed served when delivered
to the Office of the City Manager, City Hall, Dinner Key, Miami, Florida. LESSEE
further agrees that the CITY, through its City Manager, shall have the right to
designate other places where said written notice shall be delivered to it.
IN WITNESS WHEREOF, the said parties hereto have, through their proper
corporate officials, executed this Agreement the day and year first written above.
Signed, Sealed and Delivered THE CITY OF MIAMI, (SEAL)
in the presence of: a Municipal Corporation
For Lessee
APPROVED AS TO CONTENT
Director, Department of Parks
By
City Manager
Attest:
APPROVED AS TO FORM AND CORRECTNESS;
City Attorney