HomeMy WebLinkAboutR-92-0282J-92-290
6/6/92
RESOLUTION NO.
92— 282
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE
USE OF SPACE IN THE ORANGE BOWL AND CURTIS
PARK AREAS BY REYNOLDS ALUMINUM RECYCLING
COMPANY FOR THE PLACEMENT OF ONE RECYCLING
CAN MACHINE IN THE ORANGE BOWL AREA AND ONE
RECYCLING CAN MACHINE IN THE CURTIS PARK
AREA; PERMITTEE SHALL PAY FOR THE USE OF THE
AREAS A FEE IN THE AMOUNT OF $250 PER MONTH,
PER SITE FOR THE FIRST YEAR; $300 PER MONTH,
PER SITE FOR THE SECOND YEAR; $350 PER MONTH,
PER SITE FOR THE THIRD YEAR.
WHEREAS, on June 20, 1991, representatives of Reynolds
Aluminum Reoyoling Company made a personal appearance before the
City Commission to apply for use of City -owned spaoe to place
three can reoyoling machines in three different City sites,
namely, in the Orange Bowl area, City Hall area and the Curtis
Park area; and
WHEREAS, Motion 91-466 approved the request and further
instructed the City Manager to negotiate with said company three
items: (a) minimum guarantee to the City and percentage for use
of said sites; (b) assurance that at termination of permit all
equipment installed will be expeditiously removed; (a) a 90-day
revocable permit at either party's option; and (d) to ensure
oomplianoe with all other applicable City regulations; and
ATTACHMENT (S)1. I
0 iA1PdED
;CITY COMMISSION
MEETING OF
MAY 1 4 1992
Resolution V0.
92— 282
WHEREAS, Reynolds Aluminum Recycling Company, having decided
that use of the City Hall area is not necessary and further
having agreed to all applicable City regulations and having
agreed to pay to the City of Miami for the use of the two areas a
fee in the amount of $250.00 per month per site for the first
year, $300.00 per month, per site for the second year, and
$350.00 per month per site for the third year; and
WHEREAS, the City Commission's approval of the issuance of a
revocable permit will be the most feasible and suitable method to
accomplish site reservation;
NOW, THEREFORE, BE IT 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 permitI/ to the Reynolds Aluminum Recycling
Company, in substantially the attached form, for use of space in
the Orange -Bowl and Curtis Park areas for the placement of one
recycling can machine in the Orange Bowl area and one recycling
can machine in the Curtis Park area; said permittee shall pay to
the City of Miami for the use of the two areas a fee in the
amount of $250.00 per month, per site for the first year, $300.00
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.
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92- 282
per month, per site for the second year, and $360.00 per month,
per site for the third year.
Section 3. This Resolution shall beoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of May ��+ 1992.
ATT
MATT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JULIE O. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
- - R • �L dSi i� �
CITY ATT
JOB:osk.M24
:,
4' -
0
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
TO
REYNOLDS ALUMINUM RECYCLING COMPANY
FOR THE USE OF SPACE
IN THE ORANGE BOWL AND CURTIS PARK AREAS
MIAMI, FLORIDA
Issued this day of , 1992.
ATTEST: CITY OF MIAMI, a municipal
corporation of the State of
Florida
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
U.
CQNTENTS
1. DESCRIPTION OF AREA
2o, TIME
3. PURPOSE AND USE
4. FEE
5. LAWS APPLICABLE
6. UTILITIES
7. NO ASSIGNMENT OR TRANSFER
8. CONDITION OF AREA
9. IMPROVEMENTS
10. MAINTENANCE
11. CITY'S RIGHT OF ENTRY
12. RISK OF LOSS
13. INDEMNIFICATION
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.E AMENDMENTS
E.
26. COURT COSTS AND ATTORNEY'S FEES
EXHIBIT 1
EXHIBIT 2
CORPORATE RESOLUTION
1. 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 the REYNOLDS ALUMINUM RECYCLING COMPANY, a
Virginia for profit corporation, (hereinafter referred to as the
"PERMITTEE"), for the purpose of and under the conditions
hereinafter set forth, permitting said PERMITTEE to use space in
the Orange Bowl and Curtis Park areas, Miami, Florida
(hereinafter referred to as the "AREA") which are described in
Exhibits I and 2, respectively, which are attached hereto and
made a part hereof.
2. TIME
This PERMIT shall be valid for a period of three (3) years
commencing on the date of its issuance, unless otherwise revoked
as provided below. This PERMIT may be extended for additional
one (1) year periods upon the request of PERMITTEE submitted in
writing at least ninety (90) days prior to the termination date
and subject to the approval of the City Manager. This PERMIT or
any,extensions 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 by delivery of a written notice of revocation, ninety
(90) days prior to revocation.
4 92- 282
The AREA shall be used by the PERMITTEE for the placement of
one recycling can machine in the Orange Bowl area and one
recycling can machine in the Curtis Park area.
4. FEE
PERMITTEE shall pay for the use of the AREA a fee in the
amount of $250 per month per site for the first year, $300 per
month per site for the second year, and $350 per month per site
for the third 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_
PERMITTEE shall pay for all utilities used at the AREA,
including but not limited to, electricity, water, gas, and sewage
disposal
_7 .. 110' ASSIGNMENT _OR TRANSFER_
y
PERMITTEE cannot assign or transfer its duties or privilege
of entry and use granted unto it by this PERMIT.
_ 92— 282
5
8. COMZQN OF AREA
PERMITTEE hereby accepts the AREA in its present condition
and shall maintain it in good condition.
PERMITTEE agrees that no construction, repairs, alterations
or improvements may be undertaken upon the AREA unless the plans:
A. Are first submitted to the Property and Lease
Manager 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 unreasonably delayed or denied, and
C. Are in compliance with all State, Dade County and
City of Miami rules and regulations, and any other
agency that may have jurisdiction in these matters.
All additions, partitions, or improvements shall become the
property of CITY and shall remain a part of the AREA at the
expiration of this PERMIT. All improvements and structures
constructed on the site shall become the property of the CITY.
The cost of renovation of the AREA as to alterations, additions,
partitions or improvements shall be borne by and is the financial
responsibility of PERMITTEE.
Upon completion of constructirn, the paid invoices, receipts
and other such documents shall be submitted to the City Manager
and shall be incorporated herein and attached hereof.
PERMITTEE shall have the right to remove any movable
92- 282
6
personal property or fixtures that it places on the AREA. All
alterations, additions, partitions or improvements must be in
conformance with the provisions of Section 9 hereof.
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 additions, partitions or improvements made by
PERMITTEE to the AREA.
10. MAINTENANCE
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.
11. C!Y' S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter the
AREA at any time to examine and/or inspect the same'.
12. RISK OF LOSS
PERMITTEE shall indemnify and save CITY harmless against all
risk of loss, injury or damage of any kind or nature whatsoever
to property now or hereafter placed on or within the 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
� lip
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. INDEMNIEYCATION AND HOLD HAMLESS
PERMITTEE covenants and agrees that it shall indemnify, hold
harmless and defend CITY from and against any and all claims,
suits, actions, damages or causes of action arising during the
period of this PERMIT or as long as PERMITTEE continues to enjoy
the privilege granted hereunder, for any personal injury, loss of
life or, damage to property sustained in or on the AREA, by reason
of or as a result of PERMITTEE's use or operations thereon, and
from and against any orders, judgments, or decrees which may be
entered thereon, 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; provided however,.that
the foregoing indemnification shall not apply if the claims,
costs, liabilities, suits, actions, damages or causes of action
arise from the negligence or willful misconduct of CITY or any of
its employees, agents or otherwise.
14. INSURANCE
PERMITTEE shall maintain throughout the period of this
PERMIT and through any periods of extensions or renewals, the
92- 282
a
following insurance:
A. General liability insurance on a comprehensive
general liability coverage form, or its equivalent,
including premises, operations, and contractual
coverages with a combined single limit of at least
$500,000 for bodily injury liability. CITY shall be an
additional named insured on the policy or policies of
insurance.
B. Automobile liability insurance covering all owned,
non -owned and hired vehicles used in conjunction with
operations covered by this agreement. The policy or
policies of insurance shall contain a combined single
limit of at least $300,000 for bodily injury and
property damages.
C. The policy or policies of insurance required shall
be so written that the policy or policies may not be
cancelled or adversely changed without sixty (60) days
advance written notice to the City of Miami being
delivered to Risk Management Division, 300 Biscayne
Blvd. Way, 3rd Floor, Miami, Florida 33131.
D. Any other coverage deemed necessary in the course
of business including builder's risk for construction
and renovations, broad form property coverage on a
replacement cost basis and worker's compensation as
determined by State law.
9 2 -
7
it it
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property and Lease Management Office 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 must be rated no less than A as to
management, and no less than class V as to financial strength, in
accordance with the latest edition of Best's Key Rating lide.,
published by Alfred M. Best Company, Inc., Oldwick, New Jersey.
15. PERMIT EXPIRATION
At the expiration of the PERMIT period, any privilege or
right granted hereunder shall terminate.
16. GENERAL CONDITIONS
A. All notices or other communications which may be
given pursuant to this PERMIT shall be delivered in
writing, by personal service or registered mail, and
shall be addressed to CITY and PERMITTEE as follows:
CITY OF MI MT
City Manager
Attn: Property & Lease Mgmt.
City of Miami
P.O. Box 330708
Miami, Florida
PERMITTEE
Reynolds Aluminum Recycling
Company
c/o Larry DeGennaro
2003 N.W. 72 Avenue
Miami, F1. 33122
Such not';,,e 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.
92 282
10
I lip
B. Title and paragraph headings are for convenient
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 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.
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.
92-- 282
18. IiQ D SS�NATION
PERMITTEE shall not discriminate against any persons on
account of race, color, sex, religious creed, ancestry, national
origin, mental or physical handicap, in the use of the AREA and
improvements thereon.
19. VIOLATIONS
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,
this PERMIT is hereby revoked automatically without the need for
other or further action by CITY.
20. TAXE-_
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. INTEREST CONFERRED —BY PERMIT
The provisions of this PERMIT do not constitute a lease and
w the rights of PERMITTEE hereunder are not those of a tenant. No
leasehold interest in the AREA is conferred upon PERMITTEE under
the provisions hereof and 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 this PERMIT or its use of the
AREA hereunder.
92- 282
12
PERMITTEE, .shall have in place :;n 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 Vietnam era 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. MINORITY/WOMEN BUSINESS UTILIZATIgn
= 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
businesses/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.
24. 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 the other as of its
date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this PERMIT are of no
force or effect.
25. AMENDMENTS
No amendments to this PERMIT shall be binding on either
party unless in writing and signed by both parties, and approved
by the City Commission.
26. COURT COSTS AND ATTORNEY'S FEES_
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this PERMIT,
PERMITTEE shall pay CITY's court costs and attorney's fees.
IN WITNESS WHEREOF, PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has executed the following
by its duly authorized officers, as of this day of
, 1992.
ATTEST:
Corporate Secretary
APPROVED AS TO
PERMITTEE:
REYNOLDS ALUMINUM RECYCLING
COMPANY, a Virginia
for profit corporation
(Seal)
Director
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WHEREAS, the CITY OF MIAMI has agreed to enter into a
Revocable Permit with REYNOLDS ALUMINUM RECYCLING COMPANY, a
Virginia for profit corporation, for the use of space located at
the Orange Bowl and Curtis Park; and
WHEREAS, the REYNOLDS ALUMINUM RECYCLING COMPANY has agreed
to accept this Revocable Permit; and
WHEREAS, the Board of Directors of the REYNOLDS ALUMINUM
RECYCLING COMPANY has examined the terms, conditions, and
obligations of the attached Revocable Permit with the CITY OF
MIAMI, for the use of the AREA; and
WHEREAS, the Board of Directors of the REYNOLDS ALUMINUM
RECYCLING COMPANY, at a duly held corporate meeting, has
considered the matter in accordance with the bylaws of the
corporation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
the REYNOLDS ALUMINUM RECYCLING COMPANY, 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 the price and upon the terms and payments contained
in the attached Revocable Permit submitted by the CITY OF MIAMI.
s2-- 282
IN WITNESS WHEREOF , this
Secretary
m
day of
. 1992.
REYNOLDS ALUMINUM RECYCLING
COMPANY, a Virginia for
profit corporation
.By
President
Board of Directors
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM :
Cesar H. Odio
City Manager
DATE : APR
2 8 1992 FILE
SUBJECT : Resolution Authorizing
a Revocable Permit to
Reynolds Aluminum Recycling
REFERENCES:
For City Commission
ENCLOSURES: Meeting of May 14, 1992
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute a
Revocable Permit with Reynolds Aluminum Recycling Company
(Reynolds) for use of the City -owned space in the Orange Bowl and
Curtis Park areas for the placement of one recycling can machine
in the Orange Bowl area and one recycling can machine in the
Curtis Park area. Reynolds will pay to the City a fee in the
amount of $250 per month per site for the first year, $300 per
month per site for the second year, and $350 per month per site
for the third year.
The Department of Development Housing Conservation, Property and
Lease Management Division, has prepared a Revocable Permit for
Reynold's use of space in the Orange Bowl and Curtis Park areas.
The permit shall be valid for a three-year period and may be
extended for additional one-year periods. The permit or any
extensions thereof, may be terminated by the City Manager, with
or without cause at any time by delivery of a written notice of
revocation, ninety (90) days prior to revocation.
This revocable permit was prepared in accordance with Motion 91-
465 resulting from a personal appearance before the Commission on
June 20, 1991 by representatives of Reynolds to apply for use of
,City -owned space to place three recycling machines in three
.different City sites, namely, in the Orange Bowl area, City Hall
area and the Curtis Park area. The motion approved the request
and further instructed the City Manager to negotiate with said
company three items: (a) minimum guarantee to the City and
percentage for use of said sites; (b) assurance that at
termination•• of contract all equipment installed will be
expeditiously' removed; (c) a 90-day revocable contract at either
party's option; and (d) to ensure compliance with all other
-applicable City regulations.
92-- 282