Loading...
HomeMy WebLinkAboutR-93-0367J - 9 13 --393 6/4/93 RESOLUTION NO. _ A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, TO CO.LEGIO DE ABOGADOS DE LA HABANA [HAVANA BAR ASSOCIATION (IN EXILE)], A NOT -FOR -PROFIT FLORIDA CORPORATION, FOR THE USE OF 226.13 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID PERMITTEE TO PAY AN ANNUAI, FEE OF $1 .00 FOR THE USE OF THE AREA, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. WHEREAS, the Colegio de Abogados de la Habana, a Florida not -for -profit corporation, is desirous of utilizing 226.13 square feet of space at the Manuel Artime Community Center located at 900 Southwest First Street, Miami, Florida, for the purpose of operating a program to provide unification of Cuban attorneys in exile; and WHEREAS, the City of Miami presently has Rooms 204C and 204D in the Manuel Artime Community available for use by said corporation; and WHEREAS, said use would benefit the community by fulfilling a cultural function as well as enhancing civic values; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 'ATTACHMENT (S)I 'I CONTAINED CITY COMMISSION MEETING OF JUN 2 9 1993 Resolution Na 93- 367 I., lak 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 authorizedI/ to issue a Revocable Permit, in substantially the attached form, to Colegio de Abogados de la Habana [Habana Bar Association (In Exile)], a not -for -profit Florida Corporation, for use of 226.13 square feet of space located in the Manuel Artime Community Center located at 900 Southwest First Street, Miami, Florida; said Permittee shall pay an annual fee of $1.00 for the use of the area in substantial accordance with the terms and conditions contained in said Revocable Permit. Section 3. The term of said Revocable Permit shall be for an initial one-year period, which term may be extended for additional one year periods, upon approval of the City Manager or his designee. Section 4. This Resolution shall become effective immediately upon its adoption. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. J3-- 367 -2- PASSED ANT) ADOPTED tbAS 2 ° t.h day_ Of' ATT.V,ST MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: JULIE BRU ASSISTANT CITY ATTORNEY M3648:JOB:kd:bss Li i 3;A-VIER L. SUARE MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. QU J , III CITY ATTO �r IQP 3 . -3- 93- 367 RF a0CART,F PFPJ'ITT ISSUED BY THE CITY OF MIAMI TO COLEGIO DE ABOGADOS DE LA HABANA ( HAVAN.A BAR ASSOCIATION ( IN EXILE)] FOR THE USE OF SPACE LOCATED AT 900 SW FIRST STREET, ROOMS 204C AND 204D IN MANUEL ARTIME COMMUNITY CENTER MIAMI, FLORIDA Issued this day of , 1993. ATTEST: MATTY HIRAI CITY CLERIC APPROVED 1& TO FORAM AND CORRECTN368$ A. QUINN JONES, III CITY ATTORNEY CITY OF MIAMI, a municipal corporation of the State of Florida CESAR H. ODIO CITY MANAGER 93- 367 11 CONTENT" 1. DESCRIPTION OF AREA 2. TIME 3. PURPOSE 4. FEE 5. COMPLIANCE WITH LAW 6. UTILITIES 7. ASSIGNMENT OR TRANSFER 8. CONDITION OF AREA 9. ALTERATION BY PERMITTEE 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12. RISK OF LOSS 13. INDEMNIFICATION AND HOLD HARMLESS 14. INSURANCE 15. PERMIT EXPIRATION 16. GENERAL, CONDITIONS 17. ADVERTISING 18. NONDISCRIMINATION 19. VIOLATIONS 20. TAXES 21. INTEREST CONFERRED BY PERMIT 22. AFFIRMATIVE ACTION 23. MINORITY/WOMEN BUSINESS UTILIZATION 24. ENTIRE AGREEMENT 25. A,MENVKICNTS AND MODIFICATIONS 26. COURT COSTS AND ATTORNEY'S FEES CORPORATE RESOLUTION EXHIBIT A 93- 367 RE OCAnLE PFP?,!IT I.. DESCRIPTION OF .AREA The City of Miami (hereinafter referred to as the "CITY") hereby issues this Revocable Permit (hereinafter referred to as the "PERMIT") to COLEGIO DE ABOGADOS DE LA RABANA, a Florida not for profit corporation, (hereinafter referred to as the "PERMITTEE"), for the purpose of providing space for the administration offices of COLEGIO DE ABOGADOS DE LA RABANA and under the conditions hereinafter set forth, permitting said PERMITTEE to use 226.13 square feet of space of the property located at 900 Southwest First Street, Rooms 204C and 204D, Miami, Florida (hereinafter referred to as the "AREA"), described in Exhibit A which is attached hereto and made a part hereof. CONDITIONS 2. TIME This PERMIT shall be valid for a period of one year commencing on the date of issuance. This PERMIT may be extended for additional one year periods upon request of the PERMITTEE, submitted in writing at least one hundred and twenty (120) days prior to the termination date, subject to the approval of the City Manager or his designee. This PERMIT or any extensions and renewals thereof, in addition to the termination which may result from or under the provisions of Section 19 hereof, may also be terminated by the City Manager, with or without cause at any time upon giving thirty (30) days written notice to PERMITTEE. 3 93-- 367 3. F'Ufil'SF; The AREA shall be used by the PERMITTEE for the operation of a program to provide unification of Cuban attorneys in exile. 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 AREA a fee in the amount of $1.00 per year. 5. LAWS APPLICABLE PERMITTEE accepts this PERMIT and hereby acknowledges that PERMITTEE's compliance with all laws of the State of Florida, ordinances of the City of Miami and Dade County, Florida, pertaining to the operation and maintenance of the AREA, including but not limited to building codes and zoning restrictions, is a condition of this PERMIT, and PERMITTEE shall comply therewith as the same presently exist and as they may be amended hereafter, 6 UTILITIES [finless otherwise provided herein, the CITY shall provide all utilities, including but not limited to, electricity, water, gas and sewage disposal. Trash and garbage removal shall be at the cost of the CITY. PERMITTEE shall be responsible for telephone charges. 7. No ASSIGNWNT OR TRANSFER PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this PERMIT. 4 93- 367 R . CONDITIOM OF AREA PERMITTEE hereby accepts the AREA in its present condition and shall maintain it in the same condition, order and repair as it is in at this time, at the cost and expense of the PERMITTEE, except for reasonable wear and tear. 9. ALTERATIONS/IMPROVEMENTS BY PERMITTEE PERMITTEE agrees that no construction, repairs, alterations, additions, partitions or improvements may be undertaken upon the AREA unless the plans: A. Are first submitted to the Director of Office of Asset and Grant Management for presentation and review by all departments and offices of the CITY with jurisdiction; and B. Are approved by the City Manager which approval shall not be reasonably delayed or denied; and C. Are in compliance with all statutes, laws, ordinances and regulations of the State, Dade County, City of Miami and any other agency that may have jurisdiction over the AREA as they presently exist and as they may be amended hereafter. PERMITTEE also hereby agrees to pay for and obtain the necessary and applicable permits in compliance with all State, Dade County and City of Miami laws, rules and regulations in connection with any repairs, alterations, additions, partitions or improvements made by PERMITTBE to the AREA; and All additions, alterations, partitions, or improvements shall become the property of CITY and shall remain a part of the AREA at the expiration of this PERMIT. The cost of renovation of the AREA as to repairs, alterations, additions, partitions or 5 93- 367 13 U improvements sha1.3. hQ bor.ne by and i.S the f. j.nanc .a I. responsibility of PERMITTEE. Upon completion of construction, the paid invoices, receipts and other such documents shall be submitted to the City Manager and shall be incorporated herein and attached hereto. PERMITTEE shall have the right to remove any movable personal property or fixtures that it places in or on the AREA. All repairs, alterations, additions, partitions or improvements must be in conformance with the provisions of Section 5 hereof. If any part of the AREA is in any way damaged by the removal of such items, said damage shall be repaired by PERMITTEE at its sole cost and expense. Should PERMITTEE fail to repair any damage caused to the AREA ten (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 PERMITTEE. PERMITTEE shall pay CITY the full cost of such repairs within ten (10) days of receipt of an invoice indicating the cost of such required repairs. Failure to pay such invoice shall be sufficient cause to revoke this PERMIT as provided in Section 19 below. Notwithstanding the above, this PERMIT may be revoked due to PERMITTEE's failure to repair the AREA as directed without th* necessity of CITY repairing the AREA. 10. MAIWfX ANCB PERMITTEE shall maintain the AREA in good order and repair at all times, and in an attractive, clean and sanitary condition during the period of this PERMIT, or as long as PERMITTEE continues to enjoy the privilege granted hereunder. If City 6 93- 367 CITY, or any of its properly designated agents, representatives, or employees, shall have the right to enter the AREA during all reasonable working hours, to examine and/or inspect the same. 1.2. RISK. OZL05S_ PERMITTEE shall indemnify and hold the CITY harmless against all risk of loss, injury or damage of any kind or nature whatsoever to property now or hereafter placed on or within said AREA, and all risk of loss, injury or damage of any kind or nature whatsoever to the contents of such building or improvements made by PERMITTEE to the structure or structures, or to any goods, chattels, merchandise or to any other property that may now or hereafter be placed upon the AREA, whether belonging to PERMITTEE or others, whether said loss, injury or damage results from fire, hurricane, rising water or from any other cause or other contingency, and whether the same be caused by the claimed negligence of CITY or any of its employees, agents or otherwise, and shall keep CITY harmless from all claims and suits growing out of any such loss, injury or damage. 13. XNDMTFTCATTQN A_ND BOLD HARMLESS The PERMITTEE shall indemnify, hold harmless and defend CITY from and against any and all claims, suits, actions, damages or causes of action of whatever nature arising during the period of this PERMIT, for any personal injury, loss of life or damage to property sustained in or on the AREA, by reason of or as a result of PERMITTEE°s use or operations thereon, and from and against 93- 367 L any orders, judgments or decrees which ray h= entored t.her+ern, 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. "HPE11W%RP PERMITTEE shall maintain throughout the period of this PERMIT and through any periods of extensions or renewals, the following insurance: A. Commercial General liability, Comprehensive General liability or its equivalent, including premises, operations, and contractual coverages, with a combined single limit of at least $1,000,000 for bodily injury liability and property damage liability. The City shall be named an additional insured on the policy or policies of insurance. B. Any other coverage deemed necessary in the course of business including builder's risk for construction and renovations, broad form property coverage in building, fire, flood and extended coverage on a replacement cost basis and worker's compensation as determined by State law. C. Automobile liability insurance covering all owned, non, owned and hired vehicles used in conjunction with operations covered by this agreement. The policy or policies of insurance shall contain a combined single limit of at least $300,000 for bodily injury and property damage. 8 93- 367 D. The policy or policies; of insurance required shall. be so written that the policy or policies may not be cancelled or materially changed without sixty (60) 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, 3rd Floor, Miami, Florida 33131. E. A current Certificate and Policy of Insurance showing the required coverage shall be supplied to the Office of Asset and Grant, Management of the CITY. Insurance policies required above shall be issued by companies authorized to do business under the laws of the State, with the following qualifications as to management and financial strength: The company should; be rated "A" as to management, and no less than class "X" as to financial strength, in accordance with the latest edition of F, st's Key Bating Guide, published by Alfred M. Hest Company, Inc., Oldwick, New Jersey 08858, or acceptance of insurance company which holds a valid Florida certificate of Authority issued by the State of Florida, Department of Insurance, and are members 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 PERMITTEE's obligation to fulfill the insurance requirements herein. In lieu of the purchase of commercial insurance policy or policies as required above, the PERNITTEE may satisfy the insurance requirement by the establishment and maintenance of a qualified self-insurance fund which would provide protection to 9 93- 367 F, .nstarancQ the City equivalent to thnsA spPci_fied in the requirement. Such alternative arrangements must be approved by the City of Miami's, Division of Risk Management, 300 Biscayne Boulevard Way, Suite 328, Miami, Florida 33131. 15. UACEJEUla--�UQUL%=M At the expiration of the PERMIT period, or any extensions without demand, quietly and and renewals hereof, pEg,MITTEE shall, good condition as peaceably relinquish, .its use of the AREA in as 9 it is now, except for normal wear and tear. Such relinquishment also being required, upon demand of the City Manager, pursuant to the provisions of Section 19 hereof, or as provided in Section 2 hereof or as may otherwise be directed by CITY. 16. f;EtFu� L CW2TT14NS be given A. All, notices or other communications which may and shall be deemed pursuant to this PERMIT shall be in writing or registered properly served if delivered by personal service Y addressed to CITY and PER14ITTEE at the address indicated mail add Such herein or are the same may be changed from time to time' on which personally notice shall be deemed given on the day posted or the served; or if by mail, on the fifth day after being date of actual receiPt, whichever is earlier: or mahn- Colegio do Abogados de City Manager la Habana Attn: Office of Asset & 900 SW 1st Street Grant Management Room 204C City of Miami Miami, Florida p0 Box 330708 Miami, Florida 33233-0708 93- 19067 10 V 11 F3. Titl.A and. paragraph: heaidin9s arP for cnnVPP.i.Pnt. reference and are not a part of this PERMIT. C. No waiver of a violation of any provision of this PERMIT shall constitute a waiver of any subsequent violation of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provisions, paragraphs, sentences, words or phrases contained in this PERMIT 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 of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order, to a 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 PERMIT shall remain unmodified and in full force and effect. 17. AnA5'�i�T. �N ' PERMITTEE shall not permit any signs or advertising matter to be placed either in the interior or upon the exterior of the AREA grounds without having first obtained the approval of the City Manager or his designee. PERMITTEE 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 PERMIT. 18. t�SaliBT c tr�iTNATIQN PERMITTEE shall not discriminate against any persons on account of race, color, sex, religious creed, ancestry, national 93- 367 11 L] ot-i_q .n, mAntal car physi�wa7. hanciir.ap,, i1t� _n t e se of tine APE.A and in,provem+ents thereon. 19. VICL&TJRS— If PERMITTEE in any manner violates the restrictions and conditions of this PERMIT, then, and in the event, after ten (10) days written notice given to PERMITTEE by the City Manager within which to cease such violation or to correct such deficiencies, and upon failure of PERMITTEE to do so after such written notice, within said ten (1o) day period, this PERMIT will be automatically revoked without the need for further action by the CITY. 20. TAX&. During the period of this PERMIT, PERMITTEE shall pay any and all taxes of whatever nature lawfully levied upon or assessed against the AREA. 21. UTRREET CONFERRED By PERMIT PERMITTEE agrees that this PERMIT is confined solely to the nonexclusive privilege to PERMITTEE to use the AREA as set forth in Section 3 hereof, and no other. That the provisions of this PERMIT do not constitute a lease and the rights of PERMITTEE hereunder are not those of a tenant but is- a more personal privilege to do certain acts of a temporary character on the AREA and that the City retains dominion, possession and control of the AREA. No leasehold interest in the AREA is conferred upon PERMITTEE under the provisions hereof and PERMITTEE does not and shall not claim at any time any interest or estate of any kind or extent whatsoever. 12 93- 367 in the AREA by virtue of this PERMIT or its i.tse of tine AREA hereunder. PERMITTEE 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 PERMITTEE for improvements, construction, repairs, partitions or alterations to the AREA. 2 2 • AELS��G"�ION PERMITTEE shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women, minorities, the handicapped, 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 a policy/plan, PERMITTEE shall submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations. 23. MIN0R1TX_jNQ +fEW BUSINESS UT,�7&"TON_ PERMITTEE 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 busineemm/professionals registered/certified with the City of Miami's Office of Minority/Women Business Affairs. Such lists will be made available to the PERMITTEE at the time of the issuance of the PERMIT by the City of Miami and updates will be routinely provided by the City's Office of Minority/Women Business Affairs. 13 93- 367 t . IVO FdM nstitute the sole and This s instrument and 1.ts attachments co only agreement of the parties hereto and correctly sets forth duties and obligations of each to the other as of its -- rights, negotiations or Any prior agreements, promises, -- date. — represent ations not expressly set forth in this PERMIT are of no — force or effect. 2 5 . �`�NTS B�Ii�-M4nS.�'T-�•t��"-TOMS_ or modifications to this PERMIT shall be No amendments both parties binding on either Party unless in writing, signed by b g - and approved. by the City Manager. 26. t it becomes necessary for CITY to in 3titute = In the event that this PERMIT, legal proceedings to enforce the provisions of ay CITY's court costs and attorney(s)' fees, PERMITTEE shallP PERMITTEE has hereunto caused this IN WITNESS WHEREOF, b its — a lied for and has executed the following Y — PEr'.MIT to be pP day of duly authorized officers, as of this - 1993. ATTEST: Corporate Secretary APPROVED AS TO INSURANCE REQUIREMENTS: Insurance coord nator pERMITTEE: cOLEGIO DEA BOGADOS DE LA HABAN (Seal) Pros dent 93- 3�7 14 QQ_RPQRATE__RES_0 T_1QN_ WHEREAS, the Board of Directors of COGEGIO DE ABOGADOS LSE LEA HABANA desires to obtain a Revocable Permit from the CITY OF MIAMI for use of 226.13 square feet of space at 900 Southwest First Street, Miami, Florida, which is described in Exhibit A attached hereto, for operation of a program to provide unification of Cuban attorneys in exile. ®'_ WHEREAS, the Board of Directors of COLEGIO DE ABOGADOS DE LA HABANA has agreed to accept this Revocable Permit from the CITY for use of said space; and WHEREAS, the Board of Directors has examined the terms, conditions and obligations of the attached PERMIT with the CITY OF MIAMI, for the use of space described in Exhibit A hereto; and -_ WHEREAS, the Board of Directors 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 COLEGIO DE ABOGADOS DE LA HABANA, that the President and Secretary are hereby authorized to enter into a Revocable Permit in the naM of, and on behalf of this corporation, with the CITY OF MYA ,and for the price upon the terms and payments contained in the attached PERMIT submitted by the CITY OF MIAMI. 93- 367 IN WITNESS WHEREOF, this day of COLEGIO DE ASGGADOS DE LA HABANA By: President ATTEST: Corporate Secretary 1993. 93- 367 0 MANUEL 11R't'IME, ' ONIM[1 Ill'f ?00 SW First Strci!t: at .boat )9 -1a'�,9 /it, �,fl I�a.os R.ir 105 1�, � • :2 3 3 Aojr s.F n e �e a 93- 367 U ( ; T•, f1F "°)A, ,i r i (lF3,flr• INTE-OFFICF W"OPAt. num The Honorable Mayer and Members r'r.TE of the City Commission SUf3_IEC' C qCl� I RE=EREtJUS Ces di.o Cit nager ENCLOSURE RECOMMENDATION: c! _ UN 1 u 1,92 Resolution Authorizing_ Issuance of Revocable Permit It is respectfully requested that the City Commission adopt the attached resolution authorizing the City Manager to issue a revocable permit to Colegio de Abogados de la Habana [Havana Bar Association ( in exile) 1, a not -for -prof it Florida corporation, for the use of 226.13 square feet of space in the Manuel Artime Community Center located at 900 SW 1 Street, Miami, Florida; said permittee to pay for the use of the area an annual fee of $1.00, in substantial accordance with the terms and conditions contained in the revocable permit. BACK ROUND The Colegio de Abogados de la Habana has requested the Office of Asset and Grant Management to prepare the appropriate legislation to permit the use of certain office space at. the Manuel Artime Community Center. Colegio de Abogados de la Habana, a non --profit corporation, was founded in 1852 and consisted of a large number of Cuban lawyers. As a result of the change of government in Cuba in 1960, the Board of Directors of the organization took the opportunity to transfer its headquarters to exile in Miami. This organization is now desirous of utilizing 226.13 square feet of space at the Manuel Artime Community Center in order to operate a program to provide unification of Cuban attorneys in exile. This group previously shared space with Junta Patriotica and RECE (Representacion Cubana en Exilio (Cuban Representatives in Exile)] at two separate facilities. Consolidating the functions of this organization by providing office space in the Manuel Artime Community Center will permit the organization to provide a more effective and efficient program. Due to the "retired" status of many of its members, the organization receives only nominal donations to support its operating expenses. Providing office space to this organization at a nominal fee will help to alleviate some of this burden while also providing a valuable service to the community.