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The YMCA has agreed to treat all • the residents of the City • South Miami as YMCA
members as relates to participation in YMCA programs by waiving the YMCA membership
fees. In addition, South Miami residents will receive reduced rates for joining individual
programs.
1111 RON
We recommend that the City Manager be authorized to enter into the Lease Agreement to
allow the YMCA of Greater Miami to lease a portion of the property located at 4300 SW 58
Avenue.
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PASSED AND ADOPTED this
day of June, 2005.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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S
I" Reading
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2°d Reading
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CO SSION VOTE:
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READ AND APPROVED AS TO FO
Mayor Russell:
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Vice Mayor Palmer:
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Commissioner Bins- Cooper:
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CITY ATTORNEY
Commissioner Sherar:
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Commissioner Wiscdmbe:
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20 Q\My DocumentsWord ® ocuments\OrdinanceY6MCALeese.doe
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LEASE AGREEMENT
THIS AGREEMENT is made and entered into this day of June, 2005 by and
between the City of South Miami, a political subdivision of the State of Florida, (hereinafter
referred to as the City) and the The Young Men's Christian Association Of Greater Miami
YMCA o f Gr-e tef M; .,w,; , a registered non -profit corporation, (hereinafter referred to as YMCA),
and is duly attested to by the signatures of authorized officials of each organization.
WITNESSETH:
WHEREAS, the City is the owner of South Miami Park (hereinafter referred to as the "Park "), a
10 -acre park and recreation facility located at 4300 SW 58th Avenue, South Miami, Florida
33143; and,
WHEREAS, the City wishes to provide the greatest number of recreational programs possible to
its residents; and,
WHEREAS, the City and YMCA (collectively the "Parties ") desire to enter into this Lease
Agreement for the YMCA to lease the real property legally described on Exhibit "A" attached
hereto; and the improvements located thereon ( "Leased Property ").
WHEREAS, YMCAs have been serving their communities for nearly 150 years by meeting the
needs of families and individuals.
WHEREAS, the City and the YMCA recognize that the health, social service and recreational
programs offered and operated by the YMCA will provide the citizens of South Miami with
significant benefits.
WHEREAS, the City and YMCA desire the longest term relationship allowable under the City
Charter to maximize the period that the YMCA's programs and services benefit the South Miami
community.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
in this agreement, and for other good and valuable consideration, the receipt and legal sufficiency
of which is acknowledged by both parties, the parties agree as follows:
1. RECITALS - WHEREAS CLAUSES The parties acknowledge and agree that the
recitals, whereas clauses, set forth above are true and correct and are incorporated by reference
into this Agreement.
1 2. TERM OF AGREEMENT The initial term of this Agreement shall be for fifty
2 years, the longest term permitted under the City Charter fifty years and shall begin on July 1,
3 2005 and terminate on June 30, 2055.
4 (i) During the final year of the lease term, the city, provided that the YMCA has complied
5 with the terms and conditions of the lease agrees to consider, in it's sole discretion, a renewal of
6 the lease agreement. Any eonsidefation and renewa4 shall be eondueted in accordance with
7 A;e e err;ceefior 5 a;�,,retiye? of the City Charter.
8 (ii) In the event, that the City Charter is amended to authorize lease agreements of city
9 owned property to extend beyond fifty years, this agreement shall be automatically amended to
10 allow for the maximum term permitted under the charter amendment.
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3. PROJECT FINANCING
3.1 Borrowings. Upon receipt of a written request from the YMCA, the City will
use commercially reasonable best-efforts to participate i. ^,...ew fro in the Florida League of
Cities. Municipal Loan Program and borrow its under"ter-s (collectively referred to as the
Borrowings) the funds required to develop the new community center to replace the existing
Recreational Facilities. The Borrowings shall not exceed $8,000,000.00. Prior to submitting an
application to the Florida League of Cities, the City Commission must be reasonably satisfied
that the YMCA has the financial capacity to repay the Borrowings. -By entering into this
Agreement, YMCA agrees to pay the principal of, and interest on, all loans that comprise the
Borrowings, and this obligation of the YMCA shall be collateralized and guaranteed by the
YMCA in a manner acceptable to the City Commission. and evidenee-d by the YMCA Notes a„ ly
exeeuted and - deli�ver €d-te the City sebst-antia in the- form of Exhibit "B ". The City's
commitment to use its best - commercially reasonable efforts to borrow funds as provided for in
this paragraph 3.1 expires on the fifth anniversary of this Agreement.
3.2 Field Lighting. As additional consideration for the underwriting the community
center discussed in 3.1, the YMCA shall contribute $250,000 from the Borrowings to be utilized
for the installation of the field lighting.
3.3 Payment of Rents and Notes. YMCA shall pay the City (i) a Base Rent of
one dollar per year; and (ii) the payments due under the YMCA Notes for payment by City.
3.4 Delivery of Payments. Payments shall be by check made payable to "City of
South Miami" and, unless instructed otherwise in writing by the City, delivered to:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: City Manager
3.5 Delinquency. The payment for the YMCA Note is delinquent if not received
by the City ten (10) days before the respective due date for loan repayment. The City may assess
the YMCA a charge of 18% per annum on a pro rated basis until such amount is paid in full. If
Page 2 of 17
I the payment remains delinquent for thirty (30) days after the date which such payment is
2 otherwise due, the City sha4l pfoN4de written notiee to the YMCA, if the pa�qment is not reeeived
3 within ten days °ft °r YMCA's 's r pt of "s nofie , an Event of Default shall have occurred, and
4 the City may proceed to exercise all of its rights.
5
6 3.6 Furnishings. Upon the expiration of this Agreement, all property, including
7 furnishings, fixtures and equipment located within the Recreational Facilities will become the
8 property of the City with the exception of furnishings acquired by the YMCA through donations
9 specifically designated for use by YMCA programs.
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11 3.7 Feasibility Study. Within, thirty days from the effective date of this
12 Agreement, the YMCA shall retain a consultant to evaluate and prepare a report concerning the
13 feasibility of replacing the existing on -site Recreational Facilities with a new community center.
14 If the study concludes that the membership revenue generated by the YMCA at this location and
15 the market can support the principal and interest payments required by the Borrowings and the
16 YMCA determines in its sole discretion that it is feasible to construct a new community center,
17 the YMCA agrees to complete construction of the community center within five years of the
18 effective date of this Agreement, provided that the City makes available to the YMCA the
19 Borrowings. In the event that the YMCA, elects not to build a new community center, the
20 YMCA agrees to deposit $20,000 annually into a segregated escrow account to be utilized for
21 improvements, maintenance and repairs. The parties shall mutually agree on maintenance,
22 repairs, and replacements to be performed
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24 3.8 Review of Agreement. The Parties agree to meet every three years during
25 the term of the Agreement for the purpose of reviewing the Agreement to address potential
26 changes in the operations of the facilities.
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28 4. DEFINITIONS For the purposes of this Agreement, the following terms will apply:
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30 4.1 "Recreational Facilities" means existing and future recreational structures located
31 within the Park property that include but are not limited to the basketball courts, racquetball
32 courts, swimming pool, recreation center and office building and loctedd located on the Leased
33 Property.
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35 4.2 "Downrite Fields or Fields" means all open -field space located within the Park
36 suitable for recreational programming.
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38 4.3 "Common Areas" means all areas not typically associated with recreational
39 programming opportunities and will include parking areas, whether paved or un- paved, transition
40 areas and buffer zones.
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42 4.4 "Charter" means the municipal charter of the City of South Miami, Florida.
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44 4.5 "City" means the City of South Miami, Florida.
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46 4.6 "Default Rate" means eighteen percent (18 %) p.a. for purposes of subparagraph
47 3.4.
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1 4.7 "Development Code" means the City of South Miami Land Development Code as
2 in effect on the Effective Date hereof and as amended from time to time.
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4 4.8 "YMCA Notes" shall mean the YMCA's obligation to pay the principal of, and
5 interest on, the Borrowerings made by the City and evidenced by promissory notes duly executed
6 and delivered by the YMCA to be used exclusively to construct new community center on the
7 Leased Property.
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9 5. USE AND OPERATION OF THE LEASED PROPERTY
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11 5.1 The YMCA shall ensure that every program event it operates on the Leased
12 Property and on the Fields is adequately staffed to ensure that every activity sponsored by the
13 YMCA is properly supervised.
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15 5.2 The YMCA shall be responsible for all utilities and additional operating costs
16 associated with the Leased Property and /or programming offered by the YMCA.
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18 5.3 The restroom facilities located on the Leased Property will be available to all Park
19 patrons during Park hours.
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21 5.4 The City will be responsible for the complete operation of the fields located
22 within the Park. The City will be responsible for maintaining all common areas within the Park.
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24 6. PROGRAMMING AND RIGHT OF FIRST REFUSALThe Parties agree to meet on
25 or about August 1 of each year (the "annual scheduling meeting ") in order to coordinate a
26 schedule for use of the Downrite Fields located within the Park for the upcoming fiscal year
27 (October 1 through September 30). During the lease term, 10% of playable field space each year
28 shall be made available to the YMCA for its use and 100% of the field space shall be made
29 available Monday through Friday from 9:00 a.m. to X5:00 p.m. during June and July for the
30 YMCA's annual Summer Program. After, termination of all daily summer programs Thethe
31 fields shall be cleaned up and and available for use by the City by 6:00 p.m )P4 ^ w4�
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33 programs an- °r 6.00 p. The City will be granted the right of first refusal to conduct activities,
34 events or programs on the Leased Property at no charge. Similarly, the YMCA will be granted
35 the right of first refusal to conduct activities, events or programs at no charge on the Downrite
36 Fields during days and times not previously scheduled ( "open dates ") as determined at the annual
37 scheduling meeting. Each Party's right of first refusal must be exercised within thirty days of the
38 annual scheduling meeting, otherwise the open dates may be made available to a third party.
39 Each Party shall establish and use its best efforts to manage and operate their respective locations
40 diligently and professionally, in the best interests of the City and the YMCA, and in accordance
41 with industry standards. The YMCA shall make available opportunities for other duly recognized
42 community organizations to use the facilities, at a reasonable charge to cover expenses, and on a
43 space available basis, and when access does not interfere with membership services or regular
44 YMCA programs. The YMCA will provide professional staffing necessary to ensure high
45 quality programming during the specified operating hours.
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47 7. MAINTENANCE Each party shall provide for the complete maintenance and upkeep
48 of their designated locations on a seven -day per week basis, during operating hours typically
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associated with community recreation programs. Each party will be responsible for paying for
one half of the total cost for garbage and trash removal from the site. In the event that either
party conducts an event that requires additional garbage and trash removal, then said party will
be responsible for paying for the additional services required.
7.1 YMCA shall be responsible for the following:
a) YMCA shall provide on -going maintenance and janitorial services for the
Leased Property and shall maintain the Recreational Facilities in good condition, at its
own cost and expense. The City will provide the necessary janitorial supplies including
all necessary cleaning supplies and paper products for the restrooms.
b) YMCA shall provide litter control and janitorial services to (i) the Leased
Property and (ii) the portion of the Downrite field that it utilizes daily during practices,
league play and tournaments. If the City determines that litter control and janitorial
services are not being provided effectively, the City will provide 48 hours written notice
to YMCA to correct the condition. If the YMCA does not correct the uncleanly and
unsanitary condition within 48 hours of receiving the written notice, the City will provide
the service and bill YMCA for the cost of service and the YMCA will pay all costs
related to this service.
c) If the City determines there are maintenance needs, the City will inform the
YMCA representative, by electronic mail, or mail of the needs. Response times to correct
these needs shall be as follows:
i. Needs that the City determines in its sole discretion do not present a
safety concern must be corrected within 30 days, unless the corrective work takes
more than 30 days to correct and the YMCA is diligently pursuing same.
ii. Needs that the City determines in its sole discretion present a minimal
liability /safety concern must be designated by signage and the public prevented
from access to the area of concern within 24 hours and the problem shall be
corrected within 7 days, unless the corrective work takes more than 7 days to
correct and the YMCA is diligently pursuing same.
iii. Needs that the City determines in its sole discretion present a
significant liability /safety concern must be designated by signage and the public
prevented access to the liability immediately and the problem shall be corrected
with 48 hours, unless the corrective work takes more than 48 hours to correct and
the YMCA is diligently pursuing same.
d) If the YMCA does not correct any maintenance /vandalism needs within the
time allowed, the City will have them corrected and will bill the YMCA for the cost of
the repairs and the City will be entitled to full payment for those repairs.
e) The YMCA shall be responsible for all related costs of operation of the
recreational facility including but not limited to staffing, repairs and maintenance,
materials, supplies and utilities associated with the operation and maintenance of the
Leased Property.
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f) The YMCA shall be responsible for locking the entrance gate and turning off all
lights when YMCA programs are the last to finish at night.
g) During the times that the YMCA uses the Fields, the YMCA shall collect all
litter from the Fields and place it in the on -site dumpster for removal by the City.
h) During the times that the YMCA uses the Fields, the YMCA will be
responsible for all costs associated with the operation of the Fields including future field
lighting.
7.2 City shall be responsible for the following:
a) Turf maintenance including all mowing, fertilization, aeration, pesticide
control, weed control, field preparation and field marking
b) Irrigation repair and maintenance including pumps, lines and sprinkler heads
c) Litter removal from the fields in use by City programs
d) Pruning of trees and shrubs throughout the Park
e) Weeding of landscaped areas and Common Areas
f) Removal or painting out of graffiti
g) Opening the entrance gate for the City use of the Park and locking the entrance
gate and turning off all lights when City programs are the last to finish at night
h) All utilities associated with the operation and maintenance of the Fields,
including future field lighting
Park.
i) Repaving, repairing and maintaining the parking areas of the Common Areas
j) Repairing and maintaining the fences and locks around the perimeter of the
k) Providing security to the Park.
8. HURRICANE /EMERGENCY PROCEDURES
8.1 Both parties will jointly develop operating procedures to be followed in the event
of a declaration of a "State of Emergency" by the Governor of Florida or by the City. At a
minimum, these procedures will provide for preparations, notifications, etc. provided for in the
City's current Hurricane Preparedness Manual
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1 8.2 Each party will be responsible for contacting the proper authorities (South Miami
2 Police Department, Miami -Dade Fire Rescue, etc.) in the event of an emergency during each
3 party's use of the Fields or the Leased Property.
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5 9. HOURS OF OPERATION The YMCA will open and close the Leased Premises as
6 follows:
7 • Monday through Sunday from 9:00 a.m. to 6:00 p.m.
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9 Notwithstanding the foregoing schedule, the YMCA may provide additional hours of
10 programming of the Recreational Facilities, and will submit such additions to the City in writing
11 not less than 30 days prior to the effective date. The minimum hours of operation will be
12 adjusted in the event that athletic field lighting becomes available
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14 10. FEES The YMCA will establish a fee schedule for activities and programs conducted at
15 the Leased Property. The YMCA will establish the membership and program fee schedule in its
16 sole discretion provided said fee schedule is generally in accord with the fees charged by
17 recreation service providers at other comparable locations. The YMCA programs and activities
18 shall be open to all upon payment of the applicable fee without regard to age, race, religion,
19 color, sex, place of residence, or national origin and meet all ADA requirements. It is understood
20 that typical YMCA fees may be charged, and the YMCA will seek financial assistance to include
21 those who cannot afford the fees within the limit of YMCA resources. The YMCA shall make
22 every effort to allow participation by all children, regardless of their ability to pay.
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24 11. INSURANCE /INDEMNIFICATION The City shall not be held liable or
25 responsible for any claims which may result from acts, errors or omissions of YMCA, its
26 subcontractors, suppliers or laborers. In reviewing, approving or rejecting any submissions or
27 acts of YMCA, the City in no way assumes responsibility or liability for the acts, errors or
28 omissions of YMCA or its subcontractors.
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30 YMCA shall not commence work under this Agreement until it has obtained and submitted proof
31 of all insurance required by the City. YMCA shall defend, indemnify and hold the City harmless
32 from any and all claims, liability, losses, expenses and causes of action arising solely out of a
33 negligent act, error, or omission or misconduct of YMCA, or YMCA's subcontractors, members,
34 invited guests, suppliers and laborers incident to the performance of YMCA's services under this
35 agreement. YMCA shall pay all claims, losses, fines, penalties, costs and expenses of any nature
36 whatsoever resulting from its intentional misconduct or negligence.
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38 YMCA shall maintain during the term of this Agreement the following insurance:
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40 A. Comprehensive general liability and eastWty—insurance with broad form
41 endorsement, completed operations and products liability, contractual liability, severability of
42 interest with cross liability provision, and personal injury and property damage liability with at least
43 a combined single limit of $1,000,000.00 per person and $2,000,000.00 per occurrence for bodily
44 injury and property damage liability. The policy or policies shall name City as additional insured
45 and shall reflect the hold harmless provision contained herein.
46 B. Physical Property Damage Insurance covering all real and personal property in an
47 amount equal to at least one hundred percent (100 %) of the replacement cost of all such property.
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B-.C. Workers' Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
ED. The policies shall contain waiver of subrogation against the City where applicable
and shall expressly provide that the policy or policies are primary over any other insurance that the
City may have. The City reserves the right to request a copy of the required policies for review. All
policies shall contain a "severability of interest" or "cross liability" clause without obligation for
premium payment of the City.
D-.E. All insurance policies required must be written by a company or companies rated at
least "A" as to management and at least "Class X" as to financial strength in the latest edition of
the Best's Insurance Guide, published by Alfred M. Best Co., Inc., Fulton Street, New York, New
York, and qualified to do business under the laws of the State of Florida.
L—F. The policy or policies of insurance required shall be written in a manner such that
the policy or policies may not be canceled or materially changed without 30 days advance written
notice to the City. Written notice shall be sent to Director of Finance, at the above address:
City of South Miami
To the Attention of the Finance Director
6130 Sunset Drive
South Miami, Florida 33143 -5093
F-. G. YMCA shall furnish certificates of insurance to the City prior to the
commencement of operations. The certificates shall clearly indicate that YMCA has obtained
insurance in the type, amount, and classification as required for strict compliance with this
paragraph.
Compliance with the foregoing requirements shall not relieve YMCA of its liability and obligations
under this agreement.
12. HOLD HARMLESS In addition to the insurance coverage provided to the City,
the YMCA shall hold the City, including its officials, employees and representatives, harmless
and indemnify it against all claims, demands, damages, actions, causes of actions, liability, costs,
expenses, and attorney's fees arising out of, or resulting from, injury to or death of persons, or
damage to or loss of property, sustained on or about the licensed premises, arising from the
negligent use, acts, actions, omissions or failures to act of the YMCA or of any of its employees,
agents, representatives, invitees, or guests. Additionally, the protections provided by this
provision shall also include any costs, expenses, or legal fees the City may incur in establishing
that the YMCA or its insurer are responsible to provide protection, coverage, and representation
to the City, its officials, employees, and representatives for any incident that may occur during
the term hereof
The City shall hold the YMCA, including its officials, employees and representatives, harmless
and indemnify it against all claims, demands, damages, actions, causes of actions, liability, costs,
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expenses, and attorney's fees arising out of, or resulting from, injury to or death of persons, or
damages of property, sustained during City's use of the Leased Property or Downrite Fields.
13. CONCESSION OPERATIONS Each party will retain the right to operate food and
beverage concessions at their respective locations. All such operations must meet all current
laws, ordinances, rules and regulations governing the preparation and dispensing of food and
beverage products. Commodities to be sold at the concession stand shall include food, drinks and
snacks and must be sold at prices comparable with other like concessions in the surrounding area.
No items may be sold in glass containers. No alcoholic beverages may be sold or consumed at
the Park. The Parties may collaborate with other organizations to operate their concession
operation. Each party will furnish all necessary equipment and supplies needed to operate and
maintain their respective concession operations.
14. JOINT USE /PROGRAMMING The Parties agree to make their best efforts to work
together whenever possible to conduct mutually beneficial programs and events. The City and
YMCA agree, as a basic starting point, to meet regularly as needed to review programs and
proposed schedules and to assure that any program competition is minimized. Neither the YMCA
nor the City shall have the power, right, or authority, expressed or implied, to act or perform its
duties in such a way as to commit, obligate or bind the other, except as expressly provided in this
Agreement and only to the extent specifically set forth herein.
15. REVENUES Each party shall be entitled to all revenue generated through their
respective programming activities and concession operations at the Park.
16. EXAMINATION AND RETENTION OF YMCA'S RECORDS All YMCA
revenue records and accounts must be kept according to generally accepted accounting
principles. The City, or any of their duly authorized representatives, shall, for a period extending
three years from the date of termination of this Agreement have access to and the right to
examine any of YMCA's books, ledgers, documents, papers, or other records involving
transactions related to the operations of the Park for the purpose of making audit, examination,
excerpts, and transcriptions.
The City may, at reasonable times inspect YMCA's facilities (if applicable) and perform
inspections, as the City deems reasonably necessary, to determine whether the services required
to be provided by YMCA under this Agreement conform to the terms of the Agreement. YMCA
shall make available to the City all reasonable facilities and assistance to facilitate the
performance of inspections by City representatives. If, in the City's sole determination, the City
is required to take corrective action to ensure proper maintenance of any Recreational Facilities,
the City may require the YMCA to reimburse the City for such action.
YMCA understands that the public shall have access, at all reasonable times, to all documents
and information pertaining to City contracts, subject to the provision of Chapter 119, Florida
Statutes, and agrees to provide City personnel with access to its records in order to allow the City
to respond to public record requests. YMCA's failure or refusal to comply with the provisions of
this paragraph shall result in the immediate cancellation of this Agreement by the City.
The right to access and examination of records in this paragraph shall continue until disposition
of any mediation, claims, litigation or appeals.
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17. PUBLIC DOCUMENTS All documents, reports, plans, specifications or other
records, including electronic records, between the YMCA and the City under this Agreement are
public records, and may be subject to public inspection and copying, as provided by Chapter 119,
Florida Statutes.
18. ALTERATIONS AND IMPROVEMENTS The YMCA shall not make any
permanent alterations, improvements or additions to the Leased Property without the prior
written consent of the City, which consent will not be reasonably withheld. Any alteration,
improvement or addition to the Leased Property, approved by the City, shall be designed,
constructed, installed and maintained in a good, safe and workmanlike manner, complying with
all applicable building codes, and shall be paid for in full by the YMCA. Upon expiration of the
lease term or any option term, any such alteration, improvement or addition to the Leased
Property including but not limited to the new community center shall become the property of the
City.
19. FACILITY RENOVATIONS The YMCA shall commence the planned
renovations identified in the attached Exhibit "EB" ( "Renovations ") within thirty days of receipt
of written approval from the City, and shall complete the renovations within 180 days.. The
Renovations performed by the YMCA shall be conducted at the YMCA's expense and shall
conform to all applicable laws and codes.
20. PROHIBITED ACTIVITIES The YMCA shall only use the Leased Property for
those activities contemplated by this Agreement. The YMCA represents and warrents that it will
not use the Leased Property for any unlawful purpose and shall comply with all laws and
permitting requirements applicable now, or in the future, to the operation of the Leased Property.
The YMCA shall not permit any offensive, or dangerous activity, nor any nuisance or other
conduct in violation of the public policy of the City, county or state on the approved premises.
21. NON - DISCRIMINATORY PRACTICES In the operation of the YMCA program at
the approved premises, all management and operational services, including those activities
related to direct contact with the public, and those involving the hiring, treatment and
advancement of employees, the YMCA shall not discriminate in any manner based upon race,
color, creed, religion, ancestry, national origin, gender, age, physical /mental handicap or in any
other manner.
22. EVENTS OF DEFAULT BY YMCA The following events are hereby defined as
"Events of Default" by YMCA:
22.1 Failure to Pay. Failure of YMCA to pay any, debt service on the Borrowings, or any
other payments of money as herein provided or required when due shall constitute a monetary
default of YMCA hereunder. In the event that any debt service on the Borrowings, or other
payment of money is not paid to the City within ten (10) days of -prior to the date the same
becomes due and payable, the City may assess the YMCA a charge of 18% per annum on a pro
rated basis until such amount is paid in full. If the payment remains delinquent for thirty (30)
days after the date which such payment is otherwise due, an Event of Default shall have
occurred, and the City may proceed shall give YMCA written noti„o and „ 10 day period
Page 10 of 17
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feeeipt of sueh notiee to pay same. if YN4GA fails to pay the amount "e to the City, together-
with all interest due thffeon within such 10 day period, then the City will be entitled to pr-oee
to exercise any and all remedies provided herein or available at law for an Event of Default
including but not limited to termination of this Agreement and institution of foreclosure
proceedings. YMCA covenants and agrees to pay to the City interest on the amount thereof from
the date such payment or installment became due and payable to the date of payment thereof, at
the Default Rate. Until the Qtv has ° ar-oy a ,a YMC A with written 11 o ee
l� T/y %,"JL v u" • x1 rl __Val 9 9 ----
fai!UFe of. eli{allf.v of ..laav
Lease shall not be deemed an Event of Default.
22.2 Failure to Perform. Failure of YMCA to perform in accordance with or to
comply with any of the covenants, conditions and agreements which are to be performed or
complied with by YMCA in this Agreement other than those requiring payment of money as
provided in subparagraph 22.1 above, and the continuance of such failure for a period of 30 days
after notice thereof in writing from the City to YMCA (which notice shall specify the respects in
which the City contends that YMCA has failed to perform any such covenants, conditions and
agreements), shall constitute an Event of Default; provided, however, if such default cannot with
reasonable diligence be cured within 30 days and YMCA within such 30 -day period shall have
commenced and thereafter shall have continued diligently to prosecute all actions necessary to
cure such default, then YMCA shall have such additional time as YMCA requires while and so
long as YMCA continues to diligently prosecute all reasonable actions necessary to cure such
default. Until the City has provided YMCA with written notice pursuant to this subparagraph
22.2 and the time periods for cure set forth in this Agreement have elapsed without such cure
having been effected, the failure of YMCA to perform or comply with the non - monetary
covenants, conditions and agreements of this Agreement shall not be deemed an Event of
Default.
23. EVENTS OF DEFAULT BY CITY The following events are hereby defined as
"Events of Default" by The City:
23.1 Failure to Perform Failure of the City to perform in accordance with or to
comply with any of the other covenants, conditions and agreements which are to be performed or
complied with by the City in this Agreement, and the continuance of such failure for a period of
30 days after notice thereof in writing from YMCA to the City (which notice shall specify the
respects in which YMCA contends that the City has failed to perform any such covenants,
conditions and agreements), shall constitute an Event of Default; provided, however, if such
default cannot with reasonable diligence be cured within 30 days and the City within said 30 day
period shall have commenced and thereafter shall have continued diligently to prosecute all
actions necessary to cure such default then the City shall have such additional time as the City
requires while and so long as the City continues to diligently prosecute all reasonable actions
necessary to cure such default. Until YMCA has provided the City with written notice pursuant
to this subparagraph 23.1 and the time periods for cure set forth in this Agreement have elapsed
without such cure having been effected, the failure of the City to perform or comply with the
covenants, conditions and agreements of this Agreement shall not be deemed an Event of
Default. In the event that the City does not cure timely the defaulting condition as provided for
Page 11 of 17
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in this subparagraph 23.1„ the YMCA shall have the right to correct the defaulting condition and
receive reimbursement from the City for reasonable costs and expenses incurred with the curing
of such defaulting condition. The City's failure to reimburse the YMCA shall be a breach of this
Agreement.
24. TERMINATION BY DEFAULT Should the YMCA default on the terms of this
Agreement and fail to cure the- the default within 30 days as provided for in this Agreement;
after written notif4eation from 4ty, the City Commission may terminate this Agreement.
Termination sliall be effeetive as of the end of the notiee pefiod in the ease of any tmeufed
material bFeae-h.
25. TERMINATION BY MUTUAL AGREEMENT This Agreement may be terminated
at the mutual agreement of both Parties prior to the expiration of the initial term or any
subsequent renewal term.
26 COMPLIANCE WITH LAWS The YMCA shall, at its sole expense, comply with
all laws, orders, ordinances, rules and regulations of any governmental authority or quasi -
governmental authority having or asserting authority or jurisdiction. The YMCA shall at its sole
expense execute file and obtain, as applicable, punctually when due, all forms reports, licenses,
permits, and returns required by law in connection with its use and operation of the Leased
Property.
27. ATTORNEY'S FEES In the event of litigation between the parties hereto, arising
out of this Agreement, the prevailing party shall be entitled to attorneys' fees and costs.
At4emey's fees pa�41e under this Paragraph shall not exeeed 25-07; of the ameui# of damages
awarded to the pr-evailing pat4y Neither party shall be entitled to pre judgement interest.
28. GOVERNING LAW This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida and shall be determined by a court of competent
jurisdiction in Miami -Dade County, the State o f Florida
29. ENTIRE AGREEMENT The Agreement, when signed by all of the parties,
constitutes the full and complete understanding and agreement of all parties and may not be in
any manner interpreted or fulfilled in contradiction of its express terms. This Agreement and the
incorporated attachments constitute the entire understanding between the parties and integrates
by its terms all previous agreements or understandings, oral or written, between the parties. In
the event of any conflict, the terms of this Agreement will govern over the provisions of any
incorporated documents.
30. SEVERABILITY Should any paragraph or any part of any paragraph of this
agreement be rendered void, invalid or unenforceable by any court of law, for any reason, the
determination shall not render void, invalid or unenforceable any other section or part of any
section of this agreement.
31. CONSTRUCTION OF THIS AGREEMENT The parties agree that this Agreement
is a product of all of their efforts, that it expresses their mutual understandings, and that it should
not be interpreted in favor of either party or against either of them.
Page 12 of 17
1
2 32. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY YMCA
3 warrants that neither it, nor any principal, employee, agent, representative or family member has
4 promised to pay, and YMCA has not, and will not, pay a fee the amount of which is contingent
5 upon the City awarding this Agreement to YMCA.
6
7 YMCA warrants that neither it, nor any principal, employee, agent, representative or family
8 member has procured, or attempted to procure, this Agreement in violation of any of the
9 provisions of the Miami -Dade County or the City's conflict of interest and code of ethics
10 ordinances. A violation of this paragraph will result in the termination of the Agreement.
11
12 33. WARRANTY OF AUTHORITY The signatories to this Agreement warrant that they
13 are duly authorized by action of their respective City commission, board of directors or other
14 authority to execute this Agreement and to bind the parties to the promises, terms, conditions and
15 warranties contained in this Agreement.
16
17 34. ASSIGNMENT /SUBLICENSE The YMCA shall not (i) assign, transfer, pledge or
18 hypothecate this Agreement, or any interest it may have hereunder, or (ii) sublet the Property or
19 any part thereof without the prior written consent of the City. This Agreement is binding upon
20 the successors and permitted assigns of the YMCA and City. The Cityle may in its sole
21 discretion withhold - consent to any request. may be th 'a at the City's sole disefetion.
22
23 35. WAIVER OF DEFAULTS Waiver by the City of any breach or default by the YMCA
24 under any terms of this Agreement shall not be deemed to nor shall the same constitute a waiver
25 of any subsequent breach or default on the part by the YMCA.
26
27 36. BENEFICIARIES This is an Agreement only by and between the City and YMCA
28 and for their benefit and the benefit of their successors and assigns permitted by this Agreement.
29 No other person or party shall be beneficiary hereof or have any rights hereunder, and no rights
30 are conferred by this Agreement upon any other person or party, whether their name may be used
31 or otherwise identified in this Agreement.
32
33 37. HEADINGS The headings preceding the text of the sections and subsections of this
34 Agreement are used solely for convenience of reference and shall not affect the meaning,
35 construction or effect of this Agreement.
36
37 38. YMCA AS INDEPENDENT CONTRACTOR The YMCA is acting under this
38 Agreement as an Independent Contractor and nothing contained herein, no act of the YMCA or
39 the City, or any other facts or circumstances, shall be construed to establish the YMCA as a
40 partner or joint venturer or as an agent of the City. The YMCA shall take all reasonable steps in
41 dealing with third parties to ensure that such parties understand the authority and status of the
42 YMCA hereunder as that of Independent Contractor.
43
44 39. NOTICES All notices, requests and demands to be made or given to the
45 parties hereto shall be in writing and shall be delivered in reasonable time to the addresses
46 indicated below. Such notices, requests and demands, if sent by mail, shall be deemed delivered
47 three days after deposit in the mail, or if delivered by hand or courier, at the time delivered.
48
Page 13 of 17
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City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
President
YMCA of Greater Miami
1200 NW 78 Avenue
Miami, Florida 33126
a) The YMCA shall provide to the City the name address and telephone number of the
individual(s) with daily operational and supervisory responsibilities of the Facilities.
40. RIGHTS OF OWNER Notwithstanding anything contained in this Agreement to
the contrary, nothing contained herein is intended to restrict, or shall have the effect of impairing
any and all rights possessed by the City as owner of the facilities (including, without limitation,
the right of entry into and access to said structures); provided, however, that the City shall not,
when exercising its rights as owner, interfere with, obstruct or otherwise prevent the YMCA
from exercising its duties as operator of the facilities in accordance with the terms and conditions
of this Agreement.
41. PERFOMANCE AND PAYMENT BOND. Prior to the commencement of
construction of the new Recreational Facilities, the YMCA in accordance with section 255.05
F.S. shall deliver to the City an acceptable Performance and Payment Bond issued in form and by
such surety as approved by the City, for the full cost of all services and construction.
42. Liens. The YMCA shall not directly or indirectly create, incur, assume or suffer to exist
any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Property or
any interest therein. The YMCA shall promptly, at its own expense, take such action as may be
necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim if the
same shall arise at any time.
43. REASONABLENESS OF APPROVALS Nothing in this Agreement shall be
construed to waive or limit the City's governmental authority as a municipal corporation and
political subdivision of the State of Florida. Unless specified otherwise, where approval or
consent of the City is required under this Agreement, such consent or approval shall be deemed
to refer to the City's consent or approval as a property owner, such consent or approval shall be
contractual in nature and shall not be in lieu of any required governmental approval of the City.
442. YMCA EMPLOYEES The YMCA agrees to conduct thorough background checks
on all of its employees and volunteers. The YMCA may conduct criminal history checks on any
YMCA personnel when the YMCA deems it necessary to protect the health and safety of its
guests, members or employees. The YMCA may retain the City to perform the criminal and
background checks contemplated by this Agreement.
The YMCA understands and covenants that it shall not employ, or accept voluntary services
from any individual who has been suspended on the grounds of unethical or immoral behavior,
including improper sexual or physical conduct with children or students. Violation of this
provision will result in immediate termination of the Lease.
452. RECOGNITION OF DOWN -RITE ENGINEERING'S CONTRIBUTIONS The
City agrees to name the Fields "Down -Rite Field" in recognition and appreciation of the
contributions made and maintain the such name as long as the Park is owned by the City. The
Page 14 of 17
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size and location of the sign shall be as determined by Down -Rite, provided such the sign
complies with the City code of Ordinances.
464. HONORARY MEMBERSHIPS FOR SOUTH MIAMI RESIDENTS The YMCA
agrees to offer City Residents (i) the right to become honorary members of the new community
center without paying an annual YMCA membership fee and (ii) YMCA programs at a
discounted fees.
47 -5. COMPETITIVE SELECTION OF CONSULTANTS AND CONTRACTORS In
the event that the YMCA utilizes the Borrowings or any other funding procured by the City to
design and build the community center the YMCA shall comply with any competitive bid
requirements imposed by the lender.
486. SURRENDER OF THE PREMISES Upon termination of this Lease, the YMCA
shall remove its personal property and surrender possession of the Premises in its "as is"
condition. The YMCA shall have no responsibility for making any extraordinary repairs or
replacements, or be required to make any representations or warranties concerning the condition
of the Leased Property upon surrender.
49. TIME OF ESSENCE Time shall be of essence with regard to the
performance by the YMCA and the City of all of their respective obligations under this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their
seals to be affixed, all as of the day and year indicating their agreement.
Attest:
CITY CLERK
SECRETARY
Approved as to form and legal sufficiency:
City Attorney
C: /My Documents /Word Documents /YmcaagrRev5
For City:
Page 15 of 17
CITY MANAGER
For YMCA:
PRESIDENT
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EXHIBIT A
Legal Description of Land
The S 1/2 of the SW 1/4 of the NE 1/4 of the NE 1/4, less the East 25 feet, and the S 1/2 of the
SE 1/4 of the NW 1/4 of the NE 1/4, in Section 24, Township 54 South, Range 40 East, lying and
being in Miami -Dade County, Florida.
Page 16 of 17
EXH4B-IT =B
EXHIBIT -BG
Planned Park Renovations
1. Downstairs locker rooms:
• Acoustical drop ceilings
• Upgraded lighting
• New interior doors and hardware (ADA)
• New bathroom configuration (ADA) partitions and stalls
• New counters, fixtures, lavatories (ADA)
• New restroom paper dispensers and receptacles
• Downstairs painting
• New benches and seating (ADA)
• New water fountains
• Placement of a French drain at the lower -level of the YMCA building.
2. Pool repair and cleaning:
• Locate and repair leaking pipes
• Repair of pool finish
• Replace D.E. filters
• Acid wash and pressure clean
• Re- filling of the pool
3. Exterior painting:
• Pressure clean and painting of the four exterior buildings
• Pressure cleaning of all exterior sidewalks
• Pressure cleaning of the four courts
4. Additional Grounds Work
• Finish sidewalks at entrance /exits to parking lot (2 locations)
• Research slope requirements of sidewalks for any necessary changes (ADA)
Page 17 of 17
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l-Lil—all NOW=,
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T'ifffted it 011 1) 0% FROARAW
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, June 7 2005, beginning at 7:30 p.m., in the City Commission Chambers,
a City Commission will hold Public Hearings to consider the
i 6130 Drive, th
following Items:
AN ORDINANCE AUTHORIZING THE PURCHASE OF THE PROPERTY
LOCATED AT-4300 SW 58TH AVENUE CONSISTING OF A RECREATION
CENTER AND ADMINISTRATIVE OFFICE BUILDING, BASKETBALL COURTS,
A RACQUETBALL COURT, SWIMMING POOL, AND APPROXIMATELY 7
ACRES OF OPEN FIELD SPACE, WITH DEPT SERVICE CHARGED TO THE
NON-DEPARTMENTAL DEBT SERVICE —YMCA ACCOUNT CODE
001.2100.519.9927, AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE
I PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE
PROPERTY.
AN. ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE CITY
AND THE YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA
OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW 58TH AVENUE.
AN ORDINANCE Al ENDING THE CITY OF SOUTH MIAMI CODE OF
1 ORDINANCES, BY REVISING CHAPTER 11 (GARBAGE ,& TRASH), SECTION
11-21(B) ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION -
DOMESTIC TRASH" IN ORDER TO ALLOW THE PLACEMENT OF LAWN AND
YARD CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN TWENTY-
FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP DAY.
AORDINANCE AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE
IN ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR
PLANNING BOARD MEMBERS.
AN ORDINANCE' AMENDING. THE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO. 12-05-1834 WHICH APPROVED THE
DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT-MIXED
USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600-6640
SW 57 AVENUE AND 5757 SW 68 STREET, THE PURPOSE OF THE
AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A
SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT
TO THE CITY AND AMENDING THE DATE FOR PAYMENT.
AM ORDINANCE AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS
PART OF ORDINANCE NO, 05-05-1827 WHICH APPROVED THE
DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT
KNOWN AS "PROJECT SUNSET" LOCATED GENERALLY AT 5750 SUNSET
I DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45,53 THRU
66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A.
LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE
ADMINISTRATIONS To PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN
SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE FOR
PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT.
A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE I-SH (HD-OV)-1 SPECIALTY RETAIL HOMETOWN
DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 7301
SW 571h COURT.
Inquiries concerning this item should be directed to the Planning Department at 305- 663 -6326:
ALL Interested parties are invited to attend and will be heard.
Maria M. Menendez -
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a person decides to
appeal a decision made by this Board, Agency or Commission with respect to any matter
considered Its meeting or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made
which record Includes the testimony and evidence upon which the appeal Is to be based.
11 Pinecrest Garden!
get a new restauran
area and concert
.......... $165. P/P
amphitheater as
..:..........$230. P/P
proponents push to
.S 1
upgrade the former
$265. P/P
P/P
Jungle facility and n
IGHTS
the town center.
............. $140. P/P
............. $152. P/P
BY YUIDY PINEIRO
ypineiro@heraid.com
."7S. P/P
$656. P/P
The. Pinecrest
P/P
Council is looking I
$745. P/P
P/P
P/P
ways to spruce up P:
.........$995.
Gardens with hopes of
'COMMODATION AND TAX
IE TAKES.
the. former bird paratd
ASON 2
'HROUGH DUNE 27, BASED ON 2005
the community's focal
The village is asli
Pinecrest Gardens Fot
to pitch ideas to in,-
happen.
The foundation, a I
15 community leade
Y,
formed, last year t
money for the park. IV
Y. I
met for the first tim
weeks ago.*
"We talked about
money as.an indel
foundation to assist th
of Pinecrest in any it
ment and changes th;
be made in order to
0
the park into more of
munity gathering pla(
0 0
Bruce Toland, a fou
member.
Some ideas in
tossed around include,
a.restaurant, jogging p
me area and a concei
theater
at the 22 -act
former
home to Parro
at 11000 Red Rd. .
"We thought we'd
group
in place and get
make recommendat
us,"
said Mayor Gary I
Matzner, who help
$4
million for the vi
buy
the parkin 2002,
will
work cl . osely v
foundation
to raise in,
the
projects and park
Matzner recently d
with
the park's entrant
a
controversial issue
some
residents who
feel
they should pay t(
public
park.
Before Matzner c
in November,
board
lage
built a water pla,
for
kids and a butterfl,
DRP
in
the park
Also approved but i
(786) 388-9811
permits:
a two-stuly,
et
'ansactlons.
TURN TO GARDENS, 27