HomeMy WebLinkAboutR-96-03865/ 17/96
J-96- 469
RESOLUTION N09 6 - 386
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE
LICENSE, IN SUBSTANTIALLY THE ATTACHED FORM,
TO TROPICAL FEDERAL CREDIT UNION, A NON-PROFIT
AGENCY, FOR THE USE OF APPROXIMATELY 140
SQUARE FEET OF SPACE ON THE THIRD FLOOR OF THE
CITY OF MIAMI RIVERSIDE CENTER, LOCATED AT 444
SOUTHWEST 2 AVENUE, MIAMI, FLORIDA, FOR THE
OPERATION AND MAINTENANCE OF A CREDIT UNION
OFFICE; FURTHER AUTHORIZING, AT THE SOLE COST
AND EXPENSE OF TROPICAL FEDERAL CREDIT UNION,
THE INSTALLATION, OPERATION AND MAINTENANCE
OF A FREE-STANDING AUTOMATED TELLER MACHINE
IN THE FIRST FLOOR LOBBY OF SAID BUILDING, SAID
REVOCABLE LICENSE WITH ALL TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN
SAID REVOCABLE LICENSE.
WHEREAS, Tropical Federal Credit Union ("Tropical") is desirous of locating a credit
union office and -ATM within the City of Miami Riverside Center ("MRC") in order to better
serve its members; and
WHEREAS, the City of Miami has space available on the third floor of MRC which is
not needed at this time for use by any of the City's offices or departments; and
WHEREAS, said space is suitable for use by Tropical; and
WHEREAS, it is in the best interest of the City to assist Tropical in providing such credit
1 union services to City employees, its members, members of participating credit union shared
facilities and visitors to MRC;
ATTACHMENT ,S)
CONTAINED
CITY COMMISSION
MEETING OF
J U N 1 3 1996
Resolution No.
96- 386
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NOW, THEREFORE, BE I'i' RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA;
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized to issue a Revocable License, in
substantially the attached form, to Tropical Federal .Credit Union, a non-profit agency
("Tropical") for use of approximately 140 square feet of space on the third floor of the City of
Miami Riverside Center located at 444 SW 2 Avenue, Miami, Florida, for operation and
maintenance of a credit union office; further authorizing, at the sole cost and expense of Tropical
Federal Credit Union, the installation, operation and maintenance of afree-standing automated
teller machine; said revocable license with all terms and conditions as more particularly set forth
in said revocable license.
Section 3. This Resolution shall become effec"t'i a immediately upon its adoption.
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PASSED AND ADOPTED this 13th day of ~ June , 1996.
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W.IF,REDO GORT, VICE-MAYOR
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Ii WALTER J. ~FO ,CITY CLERK
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APPROVED AS TO FORM AND
CORRECTNESS:
A.Q J S, III
CITY ATT EY
96- 386
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REVOCABLE LICENSE AGREEMENT
ISSUED BY THE
CITY OF MIAMI
TO
TROPICAL FEDERAL CREDIT UNION
PROPERTY LOCATED AT
APPROXIMATELY 444 SOUTHWEST 2 AVENUE
MIAMI, FLORIDA
Issued this day of , 1996
ATTEST: CITY OF MIAMI, a municipal
corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
APPROVED AS TO INSURANCE
REQUIREMENTS:
FRANK ROLLASON, CHIEF
RISK MANAGEMENT DIVISION
96- 38~
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CONTENTS
1. -PURPOSE-
2. INITIAL IMPROVEMENTS
3. .OCCUPANCY AND USE PERIOD
` 4. INTEREST CONFERRED BY THIS AGREEMENT
5. CONDITIONS OF USE
6. CONDITION OF THE PROPERTY AND MAINTENANCE
7. SERVICES AND UTILITIES
8. ALTERATIONS, ADDITIONS OR REPLACEMENT
9. VIOLATIONS, LIENS AND SECURITY INTERESTS
10. PARKING
11. CITY ACCESS TO FACILITY
12. LICENSEE'S ACCESS TO FACILITY
13. CITY'S RIGHT OF ENTRY
14. NO ASSIGNMENT OR TRANSFER
15. INDEMNIFICATION AND HOLD HARMLESS
16. INSURANCE
17. NO LIABILITY
18. NOTICE OF DAMAGES OR INJURIES
19. VANDAL{SM AND THEFTS
20. THEFT AND LOSS LIABILITY
21. CANCELLATION BY REQUEST OF EITHER OF THE PARTIES WITHOUT CAUSE
22. TERMIANTION BY CITY MANAGER FOR CAUSE
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23. REMOVAL OF PROPERTY
24. TAXES
25. NOTICES
26. ADVERTISING
27. SEVERABILITY
28. NONDISCRIMINATION
29. AFFIRMATIVE ACTION
30. MINORITY/WOMEN BUSINESS UTILIZATION
31. WAIVER OF JURY TRIAL
32. WAIVER
33. AMENDMENTS AND MODIFICATIONS
34. COURT COSTS AND ATTORNEY(S)' FEES
35. COMPLIANCE WITH ALL LAWS APPLICABLE
36. ENTIRE AGREEMENT
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REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement ("Agreement") is made 1996,
between the City of Miami (the "City") a municipal corporation of the State of Florida
and Tropical Federal Credit Union, a Federally chartered credit union (the "Licensee"),
with its primary office located at 8000 NW 7 Street, Miami, Florida 33126, for the
purpose of operating and maintaining a credit union office.
WHEREAS, in order to carry out the intent as expressed herein and in
.consideration of the mutual agreements subsequently contained, City and Licensee
agree as follows:
7. PURPOSE.
The City is the owner of real property and improvements thereon at 444
Southwest 2 Avenue, Miami, Florida (the Property). On ,the
City Commission passed and adopted Resolution No. 96- determining that
approximately 140 square feet of space on the third floor of the City of Miami Riverside
Center ("MRC") located at 444 SW 2 Avenue, Room 311, Miami, Florida, for operation
and maintenance of a credit union office, which is depicted in Exhibit "A" attached
hereto and made a part hereof, is not needed at this time by any of the City's offices or
departments and expressing its desire to assist the Licensee in accomplishing its public
purpose and to provide a service to City employees and visitors to the Property, and in
`I furtherance thereof authorized the Licensee to occupy and use the space for the
operation and maintenance of a credit union office, under the conditions hereinafter set
forth. The City Commission further authorized the installation, operation and maintenance
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of one free-standing automated teller machine (ATM) to be located in the first floor lobby at
the location depicted in Exhibit "B" attached hereto and made a part hereof. Both the office
space. on the third floor and the space on the first floor for the installation of an automated
teller machine shall be collectively referred to as the "Area". A copy of Resolution No.
96- is attached as Exhibit "C" and is made a part of this Agreement.
2. INITIAL IMPROVEMENTS.
Within ten (10) days of City Commission approval of this Agreement, Licensee
shall provide City, in writing, its requirements for electric and telephone lines
(hereinafter the "Initial Improvements") for the Area. The City shall diligently pursue
construction of said Initial Improvements. Upon completion of the Initial Improvements,
Licensee shall pay City the full cost of the Initial Improvements within thirty (30) days of
receipt of an invoice indicating the cost of such work.
In the event construction by the City is delayed due to unforeseen
circumstances, the Licensee may, at its sole cost and expense, construct and install the
Initial Improvements. The installation of the Initial Improvements shall be in
accordance with plans reviewed and approved in advance by the City Manager or his
designee and in accordance with Paragraph 7 herein.
3. OCCUPANCY AND USE PERIOD.
This Agreement shall commence as of the date upon which the City executes
.this Agreement (the "Effective Date") and shall continue until the first to occur of the
following:
(a) cancellation or termination by the express written agreement of the parties
hereto; or
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(b) cancellation or termination by request of any of the parties hereto, subject to
the notice provisions of Paragraphs 20 and 21 of this Agreement.
4. INTEREST CONFERRED BY THIS AGREEIlAENT.
Licensee agrees that this Agreement has been issued by the City to authorize
Licensee to occupy the Area solely for the limited purpose of undertaking its operating
and maintaining a credit union office to primarily service the employees of the City.
The parties hereby agree that the provisions of this Agreement do not constitute a lease
and the rights of Licensee hereunder are not those of a tenant but is a mere personal
privilege to do certain acts of a temporary character and to otherwise use the Area
subject to the terms of this Agreement. No leasehold interest in the Area is conferred
upon Licensee under the provisions hereof and Licensee does not and shall not claim
at any time any leasehold estate or ownership interest in the Area by virtue of this
Agreement or its use of the Area hereunder. Additionally, Licensee does not and shall
not claim at any time any interest or estate of any kind or extent whatsoever in the Area
by virtue of any expenditure of funds by the Licensee for improvements, construction,
repairs, partitions or alterations to the Area which may be authorized by the City.
5. CONDITIONS OF USE
Licensee agrees that it shall not charge any Surcharge Fee for use of the ATM by
any: individual. A Surcharge Fee is a fee charged by the owner of the ATM to the financial
institution from which the customer holds its account.
Licensee further agrees that it shall not at any time charge an Institutional Fee to its
members for use of the ATM at the Property. An Institutional Fee is a fee imposed by the
financial institution, in this case Tropical Federal Credit Union, to its member or customer.
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Licensee agrees that it is currently, ar~d shall continue to be a member of the Florida
Credit Union Shared Service, Inc. so that it may best serve City employees who are
members of other participating credit unions.
6. CONDITION OF THE PROPERTY AND NAAINTENANCE.
Licensee accepts occupancy of the Area in "AS IS' condition except as otherwise
provided herein. Licensee, at its sole cost and expense, shall maintain the Area in a
clean, safe and sanitary condition and shall suffer no waste or injury thereto. Upon
termination of this Agreement, Licensee shall surrender the Area broom clean and in
the same order and condition in which it was on the Effective Date, ordinary wear and
'~, tear excepted. good order and repair at all times, and in an attractive, clean and
sanitary condition during its use and occupancy of the Area. Licensee shall be
responsible for all repairs to the Area required or caused by Licensee's use of the Area.
Such repairs shall be pertormed in accordance with Paragraph 7. Should Licensee fail
to repair any damage caused to the Area within ten (10) 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 Licensee. Licensee 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.
Licensee agrees to make all changes necessary to the Area at Licensee's sole
cost and expense in order to comply with all City, County and State building code
requirements for Licensee's occupancy thereof.
7. SERVICES AND UTILITIES.
City shall, at its sole cost and expense, furnish and maintain air conditioning,
~ heat, water, lights, electric current, elevator, sewage, and garbage disposal service.
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Licensee must abide by the rules, regulations, schedules and practices of the City in
the administration of these .services. City shall, at its sole cost and expense, provide
janitorial services for the common areas.
The City reserves the. right to interrupt, curtail or suspend the provision of any
utility.. service, including but not limited to, heafiing, ventilating and air conditioning
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systems and equipment serving the Area, to which Licensee may be entitled hereunder
when necessary by reason of accident or emergency, or for repairs, alterations or
improvements in the judgment of City desirable or necessary to be made or due to
difficulty in obtaining supplies or labor or for any other cause beyond the reasonable
control of the City. The work of such repairs, alterations or improvements shall be
prosecuted with reasonable diligence. The City shall in no respect be liable for any
failure of the utility companies or governmental authorities to supply utility service to
Licensee or for any limitation of supply resulting from governmental orders or directives.
Licensee shall not claim any damages by reason of the City's or other individual's
interruption, curtailment or suspension of a utility service, nor shall the Revocable
License or any of Licensee's obligations hereunder be affected or reduced thereby.
Licensee shall provide cleaning services for the office area it occupies.
Licensee agrees to provide any and all security it deems necessary to protect its
operations and equipment. Licensee shall insure that all appropriate equipment and
lights have been turned off and appropriate doors locked at the close of operation within
' the office each day.
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8. ALTERATIONS, ADDITIONS t)R REPLACEIIAENTS.
Licensee may improve and remodel .the Area and install fixtures therein at its
,own expense, and in such manner as Licensee may desire or as is required for
Licensee's use thereof, but not until first receiving the Facility Manager's written
approval of the plans and specifications for such work, which approval may be withheld
.for any or no reason whatsoever. Ali movable fixtures and equipment installed by the
Licensee shall remain the property of the Licensee.
9. VIOLATIONS, LIENS AND SECURITY INTERESTS.
Licensee, at its expense and with due diligence and dispatch, shall secure the
cancellation or discharge of or bond off same in the manner permitted by law, all notices of
violations arising from or otherwise in connection with Licensee's improvements or
operations in the Area which shall be issued by any public authority having or asserting
jurisdiction. Licensee shat! promptly pay its contractors and materialsmen for all work and
labor done at Licensee's request. Should any such lien be asserted or filed, regardless of
the validity of said liens or claims, Licensee shall bond against or discharge the same within
fifteen (15) calendar days of Licensee's receipt of notice of the filing of said encumbrance.
In the event Licensee fails to remove or bond against said lien by paying the full amount
claimed, Licensee shall pay the City upon demand any amount paid out by City, including
City's costs, expenses and reasonable attorneys' fees. Licensee further agrees to hold City
harmless from and to indemnify the City against any and all claims, demands and
expenses, including reasonable attorney's fees, by reason of any claims of any contractor,
subcontractor, materialman, laborer or any other third person with whom Licensee has
contracted or otherwise is found liable for, m respect to the Area. Nothing contained in this
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', Agreement shall be deemed, construed or interpreted to imply any consent or agreement on
the part of City to subject the City's interest or estate to any liability under any mechanic's or
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other lien asserted by any cantractor, subcontractor, materialsman or supplier thereof
against any part of the Area or any of the improvements thereon and each such contract
shall provide that the contractor must insert a statement in any subcontract or purchase
order that the contractor's contract so provides for waiver of lien and that the subcontractor,
materialman and supplier agree to be bound by such provision.
10. PARKING.
City will provide one (1) parking space at the Property at no cost to Licensee.
11. CITY ACCESS TO FACILITY.
City and its authorized representative shall have at all times access to the Area.
City will maintain a complete set of keys to the Area. Licensee agrees not to duplicate
nor change any key locks. Upon written request from Licensee, City shall provide, at
the sole cost of Licensee, any new locks, new keys or duplicate keys to the Area.
Licensee shall pay the cost of such keys or locks within ten (10) days of receipt of an
invoice from the City.
12. LICENSEE'S ACCESS TO FACILITY.
City .shall. provide Licensee ingress, egress and access to the Area adequate to
maintain and operate a credit union office and to comply with its obligations hereunder,
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Monday through Friday, excluding legal holidays during normal business hours (8:00 AM to
5:00 PM) at no charge.
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CITY'S RIGHT OF ENTRY.
The City shall have access to and entry into the Area at any time to (a) inspect
the Area, (b) to perform any obligations of Licensee hereunder which Licensee has
failed to perform after written notice thereof to Licensee, Licensee not having cured
such matter within thirty (30) days of such notice, (c) to assure Licensee's compliance
with the terms and provisions of this Agreement and all applicable laws, ordinances,
rules and regulations and (d) or for other purposes as may be deemed necessary by
.the City Manager in the furtherance of the City's corporate purpose; provided, however,
that City shall make a diligent effort to provide at least 24-hours advance notice and
Licensee shall have the right to have one or more of its representatives or employees
present during the time of any such entry. 'The City shall not be liable for any loss, cost
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or damage to the Licensee by reason of the exercise by the City of the right of entry
described herein for the purposes listed above. The making of periodic inspection or
the failure to do so shall not operate to impose upon City any liability of any kind
whatsoever nor relieve the Licensee of any responsibility, obligations or liability
assumed under this Agreement.
14. NO ASSIGNMENT OR TRANSFER.
Licensee cannot assign or transfer its privilege of occupancy and use granted
unto it b this A reement.
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15. INDEMNIFICATION AND HOLD HARMLESS.
The Licensee shall indemnify, hold harmless and defend the City from and
~ against -any and all claims, suits, actions, damages or causes of action of whatever
f
j nature arising during the period of this Agreement, for any personal injury, loss of life or
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damage to property sustained in or on the Area, by reason of or as a result of
.Licensee'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 an about the defense of any such claims and the
investigation thereof; EVEN IF THE CLAIMS, COSTS, LIABILITIES, SUITS, ACTIONS,
DAMAGES OR CAUSES OF ACTION ARISE FROM THE NEGLIGENCE OR
ALLEGED NEGLIGENCE OF THE CITY, INCLUDING ANY OF iTS EMPLOYEES,
AGENTS, OR OFFICIALS.
16. INSURANCE.
Licensee, at its sole cost, shall obtain and maintain in full force and effect at all
times throughout the period of this Agreement, the following insurance coverage:
A. Commercial General liability insurance on a Comprehensive General
liability coverage form, or its equivalent, including premises, operations and contractual
coverage's against all claims, demands or actions for bodily injury, personal injury,
death or property damage occurring in or about the Area with such limits as may be
reasonably requested by the City from time to time but not less than $1,000,000 per
occurrence combined single limit for bodily injury and property damage. The City shall
be named as Additional Insured on the policy or policies of insurance.
6. 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 $500,000 for bodily
injury and property damage. The requirements of this provision will be waived upon
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submission of a written statement from Licensee that no automobiles are used to
conduct business.
C. "All Risk" property insurance against loss or damage by fire, windstorm,
with such endorsements for extended coverage, vandalism, malicious mischief, and
special coverage, insuring 100% of the replacement cost of Licensee's improvements,
fixtures,. equipment, furniture and all other personal property in and about the Area.
The City shall be named as a Loss Payee.
D. Worker's Compensation in the form and amounts required by State law.
E. The City reserves the right to reasonably amend the insurance
requirements by the issuance of a notice in writing to Licensee. The Licensee shall
provide any other insurance or security reasonably required by the City.
F. The policy or policies of insurance required shall be so written that the
policy or policies may not be canceled or materially changed without thirty (30) days
advance written notice to the City. Said notice should be delivered to the City of Miami,
Division of Risk Management, 300 Biscayne Boulevard Way, Suite 328, Miami, Florida
33131 with copy to City of Miami, Office of Asset Management, PO Box 330708, Miami,
Florida 33233-0708, or such other address that may be designated from time to time.
G. A current Evidence and Policy of Insurance evidencing the aforesaid
required insurance coverage shall be supplied to the Office of Asset Management of
the City at the commencement of the term of this Agreement and a new Evidence and
Policy shall be supplied at least twenty (20) days prior to the expiration of each such
policy. 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
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management and financial strength: the company should be rated "A" as to
management, and no less than class "X" as to financial strength, in accordance with the
latest edition of Best's Key Rating Guide, or the company holds a valid Florida
Certificate of Authority issued by the State of Florida, Department of Insurance, and is a
member of the Florida Guarantee Fund. Receipt of any documentation of insurance by
the. City or by any of its representatives which indicates less coverage than required
does not constitute a waiver of the Licensee's obligation to fulfill the insurance
requirements. herein.
In the event Licensee shall fail to procure and place such insurance, the City
may, but shall not be obligated to, procure and place same, in which event the amount
of the premium paid shall be paid by Licensee to the City as an additional fee upon
demand and shall in each instance be collectible on the first day of the month or any
subsequent month following the date of payment by the City. Licensee's failure to
procure insurance shall in no way release Licensee from its obligations and
responsibilities as provided herein.
17. NO LIA~iLITY.
In no event shall the City be liable or responsible for injury, loss or damage to
the property, .improvements, fixtures and/or equipment belonging to or rented by
Licensee, its officers, servants, agents, employees, invitees or patrons occurring in or
about the Area that may be stolen, destroyed, or in any way damaged, including,
without limitation, fire, steam, electricity, gas, water, rain vandalism or theft which may
leak or flow from or into any part of the Area, or from the breakage, leakage,
obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air
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conditioning or lighting fixtures of the Area, or from hurricane or any act of God or any
act of negligence of any user of the facilities or occupants of the Property or any
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person whomsoever whether such damage or injury results from conditions arising
upon the Area or upon other portions of the Property or from other sources. Licensee
indemnifies the City its officers, agents and employees from and against any and all
such. claims EVEN IF THE CLAIMS, COSTS, LIABILITIES, SUITS, ACTIONS,
DAMAGES OR CAUSES OF ACTION ARISE FROM THE NEGLIGENCE OR
ALLEGED NEGLIGENCE OF THE CITY, INCLUDING ANY OF ITS EMPLOYEES,
AGENTS, OR OFFICIALS.
1~. NOTICE OF DAMAGES OR INJURIES.
The Licensee shall give City prompt written notice of any fire, damage or injury
occurring at the Area.
19. VANDALISM AND THEFTS.
Where vandalism or theft occurs to Licensee's property, machines, equipment or
operation, it shall be the sole responsibility and liability of Licensee to insure, repair or
replace. damaged or stolen equipment at Licensee's expense within ten (10) days
unless such repair or replacement cannot be cured within ten (10) days and Licensee
shall within said ten (10) days have continued diligently to prosecute all actions
necessary to repair or replace such property, machine or equipment. All vandalism
shall be reported to the Facility Manager immediately upon discovery.
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20. THEFT AND LOSS LIABILITY.
City will not be responsible for any of Licensee's losses or thefts, and any such
losses must be borne solely by the Licensee out of its own funds they may not be used
to diminish or be absorbed by payment due the City.
21. CANCELLATIO{d BY REfdUEST OF EITHER OF THE PARTIES WITHOUT
CAUSE.
Either party may cancel this Agreement at any time with thirty (30) days written
notice to the non-canceling party.
22. TERMINATION BY CBTY MANAGER FOR CAUSE.
If Licensee in any manner violates the restrictions and conditions of this
Agreement, then, and in the event, after thirty (30) days written notice given to Licensee
by the City Manager within which to cease such violation or to correct such deficiencies,
and upon failure of Licensee to do so after such written notice, within said thirty (30)
day period, this Agreement shall be automatically canceled without the need for further
action by the City.
23. REMOVAL OF PROPERTY.
In either event of cancellation pursuant to Paragraphs 20 or 21, at the expiration
of the time limited by the notice, the Licensee shall promptly, remove all personal
property, fixtures and equipment from the Area and shall promptly repair any damage to
the Area caused thereby, clean up any remaining debris and leave the Area in the
condition existing as of the date of this Agreement. Should Licensee fail to repair any
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damage caused to the Area within ten (10) 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
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'expense of Licensee. Licensee 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.
In the event Licensee fails to remove its personal property, equipment and
fixtures from the Area within such thirty (30) day period, said property shall be deemed
abandoned and thereupon shall become the sole personal property of the City. The
City, at its sole discretion and without liability, may remove and/or dispose of same as
City sees fit, all at Licensee's sole cost and expense.
24. TAXES.
Licensee shall pay before any fine, penalty, interest or costs is added for
nonpayment, any and all charge, taxes or assessments levied against the Area and or
against any occupancy interest or personal property of any kind, owned by or placed in,
upon or about the Area by Licensee, including, but not limited to, ad valorem taxes. In
the event Licensee appeals a tax, Licensee shall immediately notify City of its intention
to appeal said tax and shall furnish and keep in effect a surety bond of a responsible
and substantial surety company reasonably acceptable to Gity or other security
reasonably satisfactory to City in an amount sufFcient to pay one hundred percent of
the contested tax with all interest on it and costs and expenses, including reasonable
attorneys' fees, to be incurred in connection with it.
25. NOTICES.
All notices or other communications which may be given pursuant to this
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Agreement. shall be in writing and shall be deemed properly served if delivered by
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personal service or by certified mail addressed to City and Licensee at the address
indicated herein or as the same may be changed from time to time. Such notice shall
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be deemed given on the day on which personally served; or if by certified mail, on the
.fifth day after being posted or the date of actual receipt, whichever is earlier:
I CITY OF MIAMI LICENSEE
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
COPY TO
City of Miami
Office of Asset Management
444 SW 2 Avenue, Suite 325
Miami, FL 33130
2b. iADVEFtTISiIVG.
Tropical Federal Credit Union
Licensee shall not permit any signs or advertising matter to be placed on any
portion of the Area except with prior written approval of the Facility Manager or his
designee. Licensee shall, at its sole cost and expense, install, provide, maintain such
sign, decoration, advertising matter or other things as may be permitted hereunder in
good condition and repair at all times. Licensee must further obtain approval from all
governmental authorities having jurisdiction, and must comply with all applicable
requirements set forth in the City of Miami Code and Zoning Ordinance. Upon the
cancellation of this Agreement, Licensee shall, at its sole cost and expense, remove
any sign, decoration, advertising matter or other thing permitted hereunder from the
.Area. If any part of the Area is in any way damaged by the removal of such items, said
damage shall be repaired by Licensee at its sole cost and expense. Should Licensee
fail to repair any damage caused to the Area within ten (10) days after receipt of written
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notice from City directing the required repairs, City shall cause the Area to be repaired
at the sole cost and expense of Licensee. Licensee 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.
Licensee hereby understands and agrees that the City may, at its sole discretion,
erect or place upon the Area an appropriate sign indicating City's having issued this
Agreement.
27. SEVERABILITY.
Should any provisions, paragraphs, sentences, words or phrases contained in
this Agreement be determined by a court of competent jurisdiction to be invalid, illegal
or otherwise unlawful under the laws of the State of Florida or the City, 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 Agreement
~~ shall remain unmodified and in full force and effect.
~ 28. NON®ISCRIMINATiON.
Licensee shall not discriminate as to race, color, religion, sex, national origin,
age, disability or marital status in connection with its occupancy and use of the Area
and improvements. thereon.
~ 29. AFFIRMATIVE ACTION.
i Licensee shall have in place an Affirmative Action/Equal Employment
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Opportunity Policy and shall institute a plan for its achievement which will require that
j action be taken to provide equal opportunity in hiring and promoting for women,
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minorities, the disabled and veterans. Such plan will include a set of positive measures
which will be taken to insure nondiscrimination in the work place as it relates to hiring,
firing, training and. promotion. In lieu of such apolicy/plan, Licensee shall submit a
.Statement of Assurance indicating that their operation is in compliance with all relevant
Civil Rights laws and regulations.
30. MINORITY/INOMEN BUSINESS UTILIZATION.
Licensee shall make every good faith effort to purchase/contract fifty-one percent
(51 %) of its annual goods and services requirements from Hispanic, Black and Women
businesses/professionals registered/certified with the City Office of Minority/Women
Business Affairs. Such lists will be made available to the Licensee at the time of the
issuance of the Agreement by the City and updates will be routinely provided by the
City's Office of Minority/Women Business Affairs.
31. WAIVER OF JURY TRIAL.
Licensee waives a trial by jury of any and all issues arising in any action or
proceeding, whether real or asserted, at law or in equity, between the parties hereto
.under or connected with this Agreement, or any of its provisions, the relationship of fihe
parties, the Licensee's use or occupancy of the Area, Licensee's rights thereto, and/or
any claim of injury or damage and any emergency statutory or any other statutory
~ remedy, or otherwise.
32. WAIVER.
No failure on the part of the City to enforce or insist upon performance of any of
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the terms of this Agreement, nor any waiver of any right hereunder by the City, unless
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in writing, shall be construed as a waiver of any other term or as a waiver of any future
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right to enforce or insist upon the performance of the same term.
33. AMENDMENTS AND MODIFICATIONS.
No amendments or modifications to this Agreement shall be binding on either
party unless in writing, signed by both parties and approved by the City Manager.
34. COIiRT COSTS AND ATTORNEY(S)' FEES.
In the event of any litigation brought by the City and/or Licensee against the other
party in connection with this Agreement, the prevailing party shall be entitled to recover from
the non-prevailing party, reasonable attorney's fees and court costs through all trial and
appellate levels.
35. COMPLIANCE WITH ALL LAWS APPLICABLE.
Licensee accepts this Agreement and hereby acknowledges that Licensee's
strict compliance with all applicable federal, state and local laws, ordinances and
regulations, including without limitation the rules of the Federal Communications
Commission, the Federal Aviation Administration and City Building, Zoning and Fire Codes,
is a condition of this Agreement, and Licensee shall comply therewith as the same presently
exist and as they may be amended hereafter. This Agreement shall be construed and
enforced according to the laws of the State of Florida.
36. ENTIRE AGREEMENT.
This instrument and its attachments constitute the sole and only agreement of
the parties hereto and correctly sets forth the rights, duties and obligations of each to
I the other as of its date. Any prior agreements, promises, negotiations or
i
. j representations not expressly set forth in this Agreement are of no force or effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement of
the day and year first above written.
LICENSEE
WITNESS:
Signature Signature
.Print Name Print Name
Signature Print Title
Print Name
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E%HIBIT B
96-- 386
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CITY OF MIAMI, FLORIbA ~
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INTER-OFFICE MEMORANDUM '
7° ~ The HAnorable Mayor & Members °ATE : ~-11P~ .. ;cc^ FILE :
of the City Commission
sua,~cr : Revocable License Agreement
to Tropical Federal Credit Union
FROM : C85 REFERENCES
.:City. r _
ENCLOSURES:
RECOMMENDATION:
It is respectfully requested that the City Commission adopt the attached Resolution authorizing
the City. Manager. to issue a Revocable License, in substantially the attached form, to Tropical
Federal Credit-Union,. anon-profit agency ("Tropical"), for the use of approximately 14Q square
-,feet of space on the third floor of the City of Miami Riverside Center ("MRC") located at 444 SW 2
Avenue, Miami, Florida, for operation and maintenance of a credit union office; further authorizing,
at the sole cost and expense of Tropical, the installation, operation and maintenance of a free-
. standing automated teller machine (ATM) on the first floor of said building; said Revocable
License with all terms and conditions as more particularly set forth in said revocable license. The
third floor office space and the lobby space for the ATM shall be collectively referred to as the
"Area".
BACKGROUND:
The; Office. of Asset Management has prepared the attached Resolution for consideration by the
City Commission. Tropical Federal Credit Union is desirous of locating a satellite office at the City
of Miami Riverside Center in order to better serve City employees who are members of said credit
union. Additionally, as a member of Florida Credit Union Shared Service, Inc., members of the
Firemen's Federal Credit Union and Police Department Credit Union will also be able to receive
many services from this satellite office of Tropical. The City of Miami has space available on the
third floor of the MRC which is not needed at this time for use by any of the City's offices or
departments and is suitable for use by Tropical
? Highlights of the Revocable License are as follows:
Use Period: To commence upon execution of the agreement and continue until a)
cancellation or .termination by the express written agreement of the
.parties, or b) cancellation or termination by request of any of the parties
subject to the notice provisions provided in the agreement.
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96- 3~~ ~
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The. Honorab}e Mayor and Members
of the City Commission
Page 2
Automated Teller
-`r
Machine: .The ATM will be acquired and installed at the sole expense of Tropical
This ATM will be able to service a!I members of the Cirrus, Monor, Presto
and CU 24 networks whether same are members of Tropical or visitors to
MRC. Tropical will not charge any surcharge to the ATM users. In
- addition, Tropical will not charge its members any institutional fee far use
-_ of the ATM at MRC.
Services and Utilities: City shall, at its sole cost and expense, furnish air conditioning, heat,
water, lights, electric current, elevator, sewage, and garbage. disposal
service. Tropical must abide by the rules, regulations, schedules and
practices of the Gity in the administration of these services.
The City reserves the right to interrupt, curtail or suspend the provision of
any utility service, including but not limited to, heating, ventilating and air
conditioning systems and equipment serving the Area, to which Tropical
may be entitled hereunder when necessary by reason of accident or
emergency, or for repairs, alterations or improvements in the judgment of
City desirable or necessary to be made or due to difficulty in obtaining
supplies or labor or for any other cause beyond the reasonable control of
the City. The work of such repairs, alterations or improvements shall be
prosecuted with reasonable diligence. The City shall in no respect be
liable for any failure of the utility companies or govemmental authorities
to supply utility service to Tropical or for any limitation of supply resulting
from governmental orders or directives. Tropical shall not claim any
damages by reason of the- City's or other individual's interruption,
curtailment or suspension of a utility service, nor shall the Revocable
License or any of Tropical's obligations hereunder be affected or reduced
- thereby.
Tropical shall provide cleaning services for the area it occupies.
Parking: City shall provide one (1) parking space at the Property at no cost to
Tropical
Vandalism and Thefts: Where vandalism or theft occurs to Tropical's property, machines,
equipment or operation, it shall be the sole responsibility and liability of
- - Tropical to insure, repair or replace damaged or stolen equipment at
Tropical's expense within ten (10) days unless such repair or
replacement cannot be cured within ten (10) days and Tropical shall
within said ten (10) days have continued diligently to prosecute all
actions necessary to repair or replace such property, machine or
I equipment.
2
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The- Honorable Mayor and Members
of the City Commission
Page 3
Theft and Loss
-~`~.
Liability: City will not be responsible for any of Tropical's losses or thefts, and any
I such losses must be borne solely by the Tropical out of its own funds
they may not be used to diminish or be absorbed by payment due the
City.
Security: Tropical shall be responsible for providing any and all security it deems
' necessary to protect its operations and equipment. Tropical shall insure
that all appropriate equipment and lights have been turned off and
appropriate doors locked at the close of operation within the office each
day.
Cancellation
Without Cause: Either party may cancel this agreement at any time with 30 days written
notice to the non-canceling party
i Termination
For Cause: If Tropical violates any of the restrictions and conditions of this
agreement, then, after 10 days written notice to Tropical within which to
~ cease such violation, and upon failure of Tropical to do so after such
~ written notice, this agreement shall be automatically canceled.
In an effort to provide enhanced credit union services to City employees and visitors to MRC, it is
recommended that the City Commission adopt the attached Resolution authorizing the issuance
of this Revocable License.
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