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HomeMy WebLinkAboutR-88-0054r r J-88- 73 01/06/88 RESOLUTION NO. 98--54 A RESOLUTION AUTHORIZING THE CITY MANAGER'S ISSUANCE OF A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI BRIDGE, INC., A NOT- FOR-PROFL'I' CORPORATION, FOR THE USE OF CITY -OWNED PROPERTY LOCATED AT 1145 NW 11 STREET, MIAMI, FLORIDA, A/K/A THE POLICE ACADEMY BUILDING, FOR USE AS A RESIDENTIAL FACILITY FOR RUNAWAYS AND A CRISIS LN'rERVENTION CENTER FOR YOUTHS AGED 10 THROUGH 17 YEARS, FOR A USER FEE OF $1.00 PER YEAR; SAID PERMIT BEING POR AN INITIAL ONE-YEAR PERIOD, WITH 51JCC. SS I VE AUTHORITY BEING GIVEN FOR SAID PERMIT TO REMAIN VALID FOR ONE-YEAR PERIODS, SUBJECT TO THE CITY MANAGER'S APPROVAL. BE IT RESOLVED BY THE COMMISSION OF THE. CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authoriz,:0 to Ls-stio A Revocable Permit, in a form acceptable to the City Attorney, to Miami_ Bridge, Inc., a not -for -profit corporation, , for the use of city- ownead icoperty located at 1145 NW 11 Street, Miami, Florida, a/k/a the Police Academy Building, as a residential facility for runaways and a crisis intervention center for youths aged 10 through 17 years, for a user Fee of $1.00 per year; said permit being r-or an initial one-year period, with authority being hereby given for said Permit to remain valid for successive one-year periods, subject to the City Manager's approval. PASSED AND ADOPTED this 14th day of January 1988. XAVIER L. SUA Z MAYOR IATTE MATT I I CITY CLERK PREPARED AND APPROVED BY: r - OBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED �S TO FORM AND COR THE S: CITY COMMISSION MEETING OF JAN 14 1988 ION No. ,98-54 rI%.iza Cl- a,WW%J&A Z%Li TY ATTORNEY 91 CITY OF AMI FLORIDA5 MI LORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and DATE! v�„13i v FILE: Members of the City Commission SUBJECT- Resolution Authorizing a Revocable Permit with Miami Bridge, Inc. FROM• Cesar H. Odlo REFERENCES! City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution authorizing a revocable permit with Miami Bridge, Inc. (Miami Bridge) for use of the old Police Academy building, located at 1145 NW 11 Street. BACKGROUND: The General Services Administration Department has been negotiating with Miami Bridge since the expiration of its lease agreement to operate a crisis intervention and short-term residential program for runaway children. The Department of Community Development concurs that this a very worthwhile social service program. Miami Bridge previously operated under the aegis of the Catholic Service Bureau and received funding through that agency. However, in 1985 Miami Bridge became a private, non profit corporation disassociated from the Catholic Service Bureau. Consequently, it had been experiencing financial difficulties and has requested relief from the City in the form of a rent reduction. In view of the fact that Miami Bridge has provided a valuable service to the community for the past ten years, it is recommenaea that we issue a revocable permit to Miami Bridge, Inc., for the use of City -property at 1145 NW 11 Street, at a fee of $1.00 per year, renewable each year, subject to the City Manager's approval. Attached: Proposed resolution Proposed revocable permit 66-1 .38-54 6- S® W E 11 10931 G S A --- -- -- P.02i1 1 ATTESTS REVOCABLE PERMIT NO. 38 ISSUED BY THE CITY OF MIAMI TO MIAMI BRIDGE. INC. (HEREINAFTER "PERMITTEE") PROPERTY KNOWN AS THE POLICE ACADEMY STRUCTURE LOCATED AT 1145 NW 11 STREET MIAMI, FLORIDA Issued this day of , 1988 City Clerk APPROVED AS TO FORM AND CORRECTNESS: Ut-j Attorney CITY OF MIAMI, a municipal Corporation of the State of Florida My Manager • p1.1 s-se WED 32 GSA - - - } - - - - --. P. Oz.- i i CONTENTS 1. DESCRIPTION OF AREA 2• TIME 3. PURPOSE 4. FEE S. LAWS APPLICABLE G. UTILITIES 7• ASSIGNMENT OR TRANSFER 8• CONDITION OF AREA 9. ALTERATION BY PERMITTEE 10• MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12 . RISK OF LASS 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 EXHIBIT I Is PAGE 3 3 3 3 4 4 4 4 4 5 5 6 6 6 8 8 9 9 9 9 10 10 10 -2- 3 JAN- +6-00 UMD #t a2 -GSA i REVOCABLE PERMIT i. DESCRIPTION OF AREA The City of Miami (CITY) hereby issues this Revocable Permit to Miami Bridge, Inc., a not -for -profit Florida corporation. (PERMITTEE), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use the Area described as the Police Academy structure located at 1145 NW 11 Street, Miami, Florida. CONDITIONS 2. TIME This Revocable Permit shall be valid for a period of one year commencing on the 1 _ day of July, 1987, and terminating on the 30 -day of June, '1988, or until CITY decides to otherwise dispose of the property, and the Permit is revoked as provided below. This Revocable Permit may be extended for additional one year periods upon request of PERMITTEE, submitted In writing at least one hundred twenty (120) days prior to the termination date, subject to the approval of the City Manager or his designee. This Revocable Permit or any extensions and renewals thereof may, in addition to the revocation which may result from or under the provisions of Section 19 hereof, also be revoked by the City Manager, with or without cause, by delivery of a written notice of revocation thirty (30) days prior to revocation. 3. PURPOSE The Area shall be used by the PERMITTEE for the operation of a residential facility for runaways and a crisis intervention center for youths aged 10 through 17 years. . PERMITTEE shall not change or modify such use without the prior written consent of the City Manager. I 4 -3Ll - JAN- 6-88 WED z as GSA -- - P. es-- i 1 4. FEE PERMITTER shall pay for the use of the Area a fee in the amount of f1.96 per year. S. LAWS APPLICABLE PERMITTEE accepts this Revocable Permit and hereby acknowledges that 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 building codes and zoning restrictions, is a condition of this Revocable Permit, and PERMITTER shall comply therewith as the same presently exist and as they may be amended hereafter. 6. UTILITIES Unless otherwise provided herein, PERMITTER 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 PERMITTER. PERMITTER shall be responsible for I telephone charges. 7. NO ASSIGNMENT OR TRANSFER PERMITTER cannot assign or transfer its privilege of entry and use granted unto it by this Revocable permit. 9. CONDITION OF AREA PERMITTER hereby accepts the Area in its present condition and Sh rt maintain it in the same condition, order and repair as it is in at this time, at the cost and expense of the PERMITTER, except for reasonable wear and tear. If the Revocable Permit is revoked after renovation has been made in accordance with Section 9 below, in that event, upon presentation of appropriate invoices, CITY will reimburse PERMITTER, based on a five-year amortization plan commencing upon revocation of the permit. 198"54: -4- 5 .Tom— 6-80 "ab It: 33 GSA 9. ALTERATIONS BY PERMITTEE A. PERMITTEE may not make any alterations, additions, partitions or improvements in or to the Area without the 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 property 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,_ partitions or improvements shall be borne by and is the financial responsibility of PERMITTEE. H. PERMITTEE shall have the right to remove 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 S hereof. If any part of the Area is in any way damaged by the removal of such items as stated, in subsection A hereof, said damage shall be repaired by PERMITTEE at its sole cost and expense. Should PERMITTEE fail to repair any damage caused to the Area ten (19) days after 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 repairs 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 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. t98-54 5- 6 1•tMJ4 G9A , D 10. MAINTENANCE PERMITTEE shall maintain the interior and 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 renewal hereof. 11. CITY IS RIGHT OF ENTKY CITY, or any of its properly designated agents, representatives& or employees, shall have the right to enter said Area during all reasonable working hours, to examine and/or Inspect the same. 12. RISK OF LOSS PERMITTEE shall indemnify and save CITY harmless against all risk of loss, injury or damage of any kind or nature whatsoever to property now or hereafter placed on or 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 CITY harmless from all claims and suits growing out of any such loss, Injury or damage. 13. INDEMNIFICATION PERMITTEE 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 Revocable Permit, 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, -6-• 6-90 NED 1#1 a4 GOP 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. 14. INSURANCE PERMITTEE shall maintain throughout the period of this Revocable Permit, the following insurances A. General liability insurance on a comprehensive general liability coverage form, or its equivalent, including premises, operations, and contractual coverages, with a combined single limit of at least $1,000,000 for bodily Injury liability and property damage liability. CITY shall be an additional named insured on the policy or policies of insurance. 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 canceled or materially changed without sixty (60) days advance written notice to the City of Miami being delivered to the Risk Manager, General Services Administration Department, 1390 NW 20 Street, Miami, Florida 33142. A current Certificate of Insurance showing the required coverage shall be supplied to the Property a Lease Management Office of CITY. Insurance policies required above shall be issued by companies authorized to do business under the laws of the state, 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 that class V as to financial strength, in JAH- G-ee NIED i do a ss GSA P. 09i i i 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. 15. PEACEFUL RELINOUISHMSNT At the expiration of the Revocable Permit period, PERMITTEE shall, without demand, quietly and peaceably relinquish, Its use of the Area in as good condition as it is now, except for normal wear and tear such relinquishment also being required, upon demand of the City Manager, pursuant to the provisions of Section 19 hereof, or as provided in Section 2 or as may otherwise be directed by CITY. 16. GENERAL CONDITIONS All notices or other communications which shall or may be given pursuant to this Revocable Permit shall be in writing and shall be delivered by personal service, or by registered mail addressed to CITY and PERMITTEE 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 HIAMI PERMITTEE City Manager Miami Bridge, Inc. Attn: Property i Lease Mgmt. Attn: Dick Moran City of Miami 114S N.K. 11 Street P. O. Box 330708 Miami# Florida 33136 Miami, Florida 33233-0708 B. Title and paragraph headings are for convenient reference and are not a part of this Revocable Permit. C. No waiver of a violation of any provision of this Revocable Permit shall constitute a waiver of any subsequent violation 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 -8- q 98-54 .TAH— S-SS WEn 51 :as GSA otherwise unlawful under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the CITY, and in such event, the remaining terms and conditions of this Revocable Permit shall remain unmodified and In full force and effect. 17. ADVERTISING PERMITTEE shall not permit 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 Area 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, mental or physical handicap, in the use of the Area. 19. VIOLATIONS If PERMITTEE in any manner violates the restrictions and conditions of this Revocable Permit, then, and 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 so do 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. ft -9- i9g-54 /D JAN— S—AS wen i*36 GSA 21. INTEREST CONFERRED BY PERMIT The provisions of this 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. 22. COURT COSTS AND ATTORNEY'S FEES In the event that it becomes necessary for CITY to institute legal proceedings to enforce the provisions of this Revocable Permit. PERMITTEE shall pay CITY's court costs and attorney's fees. 23• MODIFICATIONS The conditions contained herein shall not be modified unless said modifications are approved in writing by the City Manager. IN WITNESS WHEREOF, PERMITTEE has hereunto caused this Revocable -Permit to be applied for and has executed the following by its duly authorized officers, as of this day of , 1988. ATTEST: PERMITTEE: MIAMI BRIDGE, INC., a not -for profit Florida corporation _ By ( Sea 1) Corporate Secretary President APPROVED AS TO INSURANCE REQUIREMENTS: Risk Manager -in"- 6-09 WED 20: 16 GSA � P. @2 J-88- 01/06/88 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER'S ISSUANCE OF A REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO HIAMI BRIDGE, INC., A NOT - FOR -PROFIT CORPORATION, FOR THE USE OF CITY -OWNED PROPERTY LOCATED AT 114S NW 11 STREET, MIAMI. FLORIDA, A/K/A THE POLICE ACADEMY BUILDING. FOR USE AS A RESIDENTIAL FACILITY FOR RUNAWAYS AND A CRISIS INTERVENTION CENTER FOR YOUTHS AGED 10 THROUGH 17 YEARS, FOR A USER FEE OF $1.00 PER YEAR; SAID PERMIT BEING FOR AN INITIAL ONE-YEAR PERIOD, VITO SUCCESSIVE AUTHORITY BEING GIVEN FOR SAID PERMIT TO REMAIN VALID FOR ONE-YEAR PERIODS, SUBJECT TO THE CITY MANAGER'S APPROVAL. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorised to issue a Revocable Permit, in a form acceptable to the City Attorney, to Miami Bridge, Inc., a not -for -profit corporation, , for the use of city - owned property located at 1145 NW 11 Street, Miami, Florida, a/k/a the Police Academy Building, as a residential facility for runaways and a crisis intervention center for youths aged 10 through 17 years, for a user fee of $1.00 per year; said permit being for an initial one-year period, with authority being hereby given for said Permit to remain valid for successive one-year periods, subject to the City Manager's approval. PASSED AND ADOPTED this day of ATTEST: MATTY HIRAI CITY CI.RRK PREPARED AND APPROVED BY: R.OBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1988. XAVIER L. SUARBZ, MAYOR LUCIA-A—.DOUGHERTY '- CITY ATTORNEY (Q�