HomeMy WebLinkAboutBack-Up DocumentsREVOCABLE PERMIT
NO. 8
ISSUED BY THE
CITY OF MIAMI
TO
ALLAPATTAH COMMUNITY ACTION, INC.
(HEREINAFTER "PERMITTEE")
PROPERTY LOCATED AT
2251 N.W. NORTH RIVER DRIVE
IN CURTIS PARK
MIAMI, FLORIDA
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o a Issued this 167 day of Se maser , 1985
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ATTEST:
i
C'ty Clerk
APPROV A 0 FORM AND CORRECTNESS:
1
City Attorn y
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
City M nage
t hViEW, EJ
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INDEX
1.
DESCRIPTION OF PREMISES
2.
TIME
3.
PURPOSE
4.
FEE
5.
LAWS APPLICABLE
6.
UTILITIES
7.
ASSIGNMENT OR TRANSFER
8.
CONDITION OF PREMISES
9.
ALTERATION BY PERMITTEE
10.
MAINTENANCE
11.
CITY'S RIGHT OF ENTRY
12.
RISK OF LOSS
13.
INDEMNIFICATION CLAUSE
14.
PEACEFUL SURRENDER
15,
GENERAL CONDITIONS
16.
ADVERTISING
17. NONDISCRIMINATION-
18. VIOLATIONS
19. TAXES
20. INTEREST CONFERRED BY PERMIT
21. COURT COSTS AND ATTORNEY'S FEES
EXHIBIT I
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REVOCABLE PERMIT
1. DESCRIPTION OF PREMISES
.The City of Miami (CITY) hereby issues this Revocable Permit
to Allapattah Community Action, Inc., the (PERMITTEE), for the
purpose and under the condition(s) hereinafter set forth,
permitting said PERMITTEE to use the Premises described in
Exhibit 1 attached hereto and made a part hereof.
2. TIME
This Revocable Permit shall be valid for a period commencing
on the 1st day of October, 1985, and terminating on the 30th day
of September, 1990, unless otherwise revoked as provided below.
This Revocable Permit may be extended for additional one year
periods upon request of the PERMITTEE, submitted in writing at
least one hundred twenty (120) days prior to the termination
date, upon the approval of the City Manager or his designee.
This Revocable Permit or any extensions and renewals thereof may,
in addition to the termination which may result from or under the
provisions of Section 19 hereof, also be terminated 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 Premises shall be used for the operation of the
PERMITTEE in order to provide approximately 500 elderly
individuals with daily lunch time meals, Mondays through Fridays,
as well as provide educational and recreational activities for
the elderly population of the Allapattah area.
PERMITTEE shall not change or modify such use without the
prior written consent of the City Manager.
4. FEE
PERMITTEE shall pay for the use of the premises a fee in the
amount of one hundred ($100) dollars per year.
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5. LAWS APPLICABLE
The PERMITTEE accepts this Revocable Permit recognizing that
all laws of the State of Florida, Ordinances of the City of Miami
and Dade County, Florida, pertaining to the operation and
maintenance of the Premises, including but not limited to
building codes and zoning restrictions, are made a part of this
Revocable Permit, and the PERMITTEE agrees to abide therewith as
the same presently exist and as they may be amended hereafter.
6. UTILITIES
Unless otherwise provided herein, the CITY shall provide all
utilities, including electricity, water, gas, and sewage
disposal. Trash and garbage removal shall be at the cost of the
CITY.
7. ASSIGNMENT OR TRANSFER
Without the express consent of the City Commission, the
PERMITTEE cannot assign or transfer its privilege of entry and
use granted unto it by this Revocable Permit.
8. CONDITION OF PREMISES
The PERMITTEE hereby accepts the Premises in its present
condition and agrees to maintain it in the same condition, order
and repair as it is in at this time, except for reasonable wear
and tear.
9. ALTERATION BY PERMITTEE
A. The PERMITTEE may not make any alterations, additions,
partitions or improvements in or to the Premises 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 Premises 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 the CITY and shall
remain a part of the Premises at the expiration of this Revocable
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Permit and any extensions or renewals hereof. The cost of
renovation of the Premises as to alterations, additions,
partitions or improvements shall be borne by and is the financial
responsibility of the PERMITTEE.
B. The PERMITTEE shall have the right to remove any movable
personal property or fixtures that it places on the Premises.
All alterations, additions, partitions or improvements must be in
conformance with the provisions of Section 5 hereof. If any part
of the Premises is in any way damaged by the removal of such
items as stated, in subsection A hereof, said damage shall be
repaired by the PERMITTEE at its sole cost and expense. Should
PERMITTEE fail to repair any damage caused to the Premises ten
(10) days after receipt of written notice from the CITY directing
the required repairs, CITY shall cause the Premises to be
repaired at the sole cost and expense of the 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 the Revocable Permit as provided in
Section 19 below. Notwithstanding the above, the CITY reserves
the right to revoke this Revocable Permit for PERMITTEE's failure
to repair the Premises as directed without the necessity of the
CITY repairing the Premises.
10. MAINTENANCE
The PERMITTEE agrees to maintain the interior and the
exterior of the Premises in good order and repair at all times.
PERMITTEE shall be responsible for interior janitorial services
and maintenance of grounds in an attractive and clean condition
during the period of this Revocable Permit or any extension or
renewal hereof. The CITY agrees to be responsible for repairs to
said Premises.
11. CITY'S RIGHT OF ENTRY
The CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter said
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Premises during all reasonable working hours, to examine and/or
inspect the same.
12. RISK OF LOSS
The PERMITTEE shall indemnify and save harmless the CITY
against all risk of loss, injury or damage of any kind or nature
whatsoever to property now or hereafter placed on or within said
Premises, and all risk of loss, injury or damage of any kind or
nature whatsoever to the contents of such building or
improvements made by the 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
Premises, whether belonging to the 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 the CITY or any
of its employees, agents, or otherwise, and to keep harmless the
CITY from all claims and suits growing out of any such loss,
injury or damage.
13. INDEMNIFICATION CLAUSE
The PERMITTEE covenants and agrees that it shall indemnify,
hold harmless, and defend the CITY from and against any and all
claims, suits, actions, damages or causes of action arising
during the period of this Revocable Permit, and any extensions or
renewals hereof, for any personal injury, loss of life or damage
to property sustained in or on the Premises, by reason of or as a
result of the PERMITTEE's use or operations thereon, and from and
against any orders, judgments, or decrees which may be entered
thereon, and from and against all costs, attorney's fees,
expenses and liabilities incurred in and about the defense of any
such claim and the investigation thereof.
14. PEACEFUL SURRENDER
At the expiration of the Revocable Permit period, or any
extensions and renewals hereof, the PERMITTEE shall, without
demand, quietly and peaceably relinquish, surrender and deliver
up possession of the Premises in as good condition as it is now,
except for normal wear and tear such relinquishment, surrender
and delivery 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 the
CITY.
15. 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 the other party 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 MIAMI PERMITTEE
City Manager Allapattah Community Action, Inc.
Attn: Property & Lease Mgmt. 2251 N.W. North River Dr.
City of Miami in Curtis Park
P. 0. Box 330708 Miami, Florida 33125
Miami, Florida 33133
B. Title and paragraph headings are for convenient reference
and are not a part of this Revocable Permit.
C. In the event of conflict between the terms of this Revocable
permit and any terms or conditions contained in any attached
documents, the terms in this Revocable permit shall rule.
D. No waiver or breach of any provision of this Revocable
Permit shall constitute a waiver of any subsequent breach of the
same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. 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 other-
wise unenforceable 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
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to conform with such laws, then same shall be deemed severable,
and in either event, the remaining terms and provisions of this
Revocable Permit shall remain unmodified and in full force and
effect.
16. ADVERTISING
The PERMITTEE shall not permit any signs or advertising
matter to be placed either in the interior or upon the exterior
of the Premises or grounds without having first obtained the
approval of the City Manager or his designee. The CITY reserves
the right to erect or place upon the premises an appropriate sign
indicating the CITY's having issued this Revocable Permit.
17. NONDISCRIMINATION
PERMITTEE shall not discriminate against any persons on
account of race, color, sex, religious creed, ancestry, handicap
or national origin, in the use of the Premises and the
improvements thereon.
18. VIOLATIONS
If the 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 the PERMITTEE by the
City Manager within which to cease such violation or to correct
such deficiencies, and upon failure of the PERMITTEE to so do
after such written notice, this Revocable Permit shall be revoked
automatically without the need for other or further action by the
CITY.
19. TAXES
During the period of this Revocable Permit, the PERMITTEE
shall pay any and all taxes of whatever nature lawfully levied
upon or assessed against the Premises.
20. INTEREST CONFERRED BY PERMIT
The provisions of this Revocable Permit do not constitute a
lease and the rights of the PERMITTEE hereunder are not those of
a tenant. No leasehold interest in the Premises is conferred
upon the PERMITTEE under the provisions hereof.
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21. COURT COSTS AND ATTORNEY'S FEES
In the event that it becomes necessary for the CITY to
institute legal proceedings to enforce the provisions of this
Revocable Permit, PERMITTEE agrees to pay the CITY's court costs
and attorney's fees.
IN WITNESS WHEREOF, the PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has executed the following
by its duly authorized officers, as of this /6 4 day of
= 1 9Fs.
ATTEST: ,
Cor or t Secretary
APPROVED AS TO
INSURANCE REQUIREMENTS:
PERMITTEE: ALLAPATTAH
COMMUNITY ACTION, INC.
�7
President
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CURTIS -PARK
ELDERLY MEALS
0--3209-
1901 N.W. 24 AVE. MIAMI,
DESIGN DEVELOPMENT SUM MSM14
LEGAL DESCRIPTION
The southeastern portion of City of Miami Curtis
Park, located at 2251 NW North River Drive Lots 3
through 7, Block 2, WASHBURN'S SUBDIVISION, 4-112
CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to issue a Revocable
Permit to ALLAPATTAH COMMUNITY ACTION INC., for the Curtis Park
Elderly Meals Facility, located at 1901 NW 24 Avenue, Miami; and
WHEREAS, ALLAPATTAH COMMUNITY ACTION INC., has agreed to
accept this Permit; and
WHEREAS, the Board of Directors of ALLAPATTAH COMMUNITY
ACTION INC., has examined terms, conditions, and obligations of
the attached Revocable Permit with the CITY OF MIAMI, for the
Curtis Park Elderly Meals Facility; and
WHEREAS, the Board of Directors of ALLAPATTAH COMMUNITY
ACTION INC., at a duly held corporate meeting has considered the
matter in accordance with the by-laws of the corporation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
ALLAPATTAH COMMUNITY ACTION INC., that the president and
secretary are hereby authorized to enter into a Revocable Permit
in the name of, and on behalf of this corporation, with the CITY
OF MIAMI for in accordance with the contract documents furnished
by the CITY OF MIAMI, and for the price and upon the terms and
payments contained in the attached Revocable Permit submitted by
the CITY OF MIAMI.
IN WITNESS WHEREOF, this Jday of 1985-
CHAIRMAN, Board of Directors
ALLAPATTAH COMMUNITY ACTION INC.
ECRETARY
�G1SV of
F JOHNNY MARTINEZ, P.E.
* ❑IOPIP I:AIE * City Manager
In a e
L o R t9
January 10, 2012
Ms. Miriam Urra
Executive Director
Allapattah Community Action, Inc.
2251 NW North River Drive
Miami, Florida 33125
Re: First Amendment to Revocable Permit No. 8 ("Amendment") between the City of Miami ("City")
and Allapattah Community Action, Inc. ("Permittee") for use of City -owned property at 2251 NW
North River Drive, Miami, Florida ("Property")
Dear Ms. Urra:
Enclosed for your files is a fully executed copy of the First Amendment to Revocable Permit No. 8
("Amendment") between the City of Miami ("City") and Allapattah Community.Action, Inc. ("Permittee")
for use of City -owned property located at 2251 NW North River Drive, Miami, Florida ("Property").
Please contact Olga M. Zamora, at 305.416.1476, should you have any questions.
Sincerely
Daniel Ne ff
Interim Director
Enclosure
DN/PJK/omz
DEPARTMENT OF PUBLIC FACILITIES / Asset Management
444 S.W. 2nd Avenue, 3rd Floor, Miami, Florida 33130 / (305) 416-1450 / Fax: (305) 416-2156
First Amendment to Revocable Permit No. 8
IoA
THIS FIRST AMENDMENT made this day of 'J at n o i T'gI., to
Revocable Permit No. 8 dated September, 16, 1985, as amended, (the " ermit"), by and
between the City of Miami (the "City") and Allapattah Community Action, Inc. (the
"Permittee").
Witnesseth
WHEREAS, by Revocable Permit ("Permit") dated September 16, 1985, the City
permitted Permittee to provide approximately 500 elderly individuals with daily lunch time
meals, Mondays through Fridays, as well as provide educational and recreational activities for
the elderly population of the Allapattah area, located at 2257 N.W. North River Drive,
formerly known as 2251 N.W. North River Drive, Miami, Florida, in Curtis Park; and
WHEREAS, City and Permittee desire to allow Permittee to continue to provide the
services to the elderly of the Allapattah area; and
WHEREAS, City and Permittee have agreed to amend the Permit to allow for an
increase in the annual fee;
NOW, THEREFORE, the parties hereto do hereby covenant and agree as follows:
1. Paragraph 4 of the Permit is hereby amended as follows:
FEE
"Permittee shall pay for the use of the premises a fee in the amount of
two hundred ($200.00) dollars per year."
2. Paragraph 15 of the Permit is hereby amended as follows:
GENERAL CONDITIONS
"Permittee
Allapattah Community Action, Inc.
2257 N.W. North River Drive
Miami, Florida 33125"
3. The Permit entered into between City and Permittee dated September 16, 1985, as
amended, shall remain in full force and effect and shall not be deemed to be modified
except as modified hereinabove.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed
and delivered by their respective officers and hereunto duly authorized as of the date first
above written.
ATTEST:
By:'
Signature
Print Name
By:
Signature
LICENSEE:
Allapattah Community Action, Inc. a
nonprofit organization under the laws of
the State of Florida
By:i
'Signature
4r,L, qC'gC'N--
Print Name
In i �are.Z (Corporate Seal)
Print Name
CITY OF MIAMI,
ATTEST: a municipal corporation of the
State of Florida
-A,- 1r a
Priscilla A. Thom,�on, CM Jo y Martin , P. .
City Clerk ,� f� "`�'��� City anager
APP ,OVED AST ' I`NSURANCE APPROVED AS TO LEGAL FORM
REQ//UIREMENT AND CORRECTNESS:
Calvin Ellis, i ector Julie 0. Bru
Department Risk Management City Attorney