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HomeMy WebLinkAboutR-91-0883;r FOR URINE F'RNVRNTJ.UN, TU VAUVIUS rux Wnu U05 k. OF A SMALLER PORTION OF SPACE IN THE MANUEL S,. ARTIMR COX MUNITY CENTER, LOCATED AT 000 SOUTHWEST FIRST STREET, MIAMI, FLORIDA AND TO PROVIDE FOR A LONER ANNUAL FEE IN ACCORDANCE WITH THE REDUCTION IN SQUARE FOOTAGE; SAID PERMITTEE WILL THEREFORE PAY AN ANNUAL FEE OF $ 841.00 FOR THE USE OF THE AREA IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. r WHEREAS', the NATIONALASSOCIATION FOR CRIME PREVENTION, a Florida nonprofit oorporation, has occupied 357 square feet of space in the Manuel Artime Community Center since 1988 under a Revocable Permit, and has been paying $1.00 yearly for the use of the area; and WHEREAS, said permit and extensions thereto have expired and the City of Miami, willing to allow the National Association for Crime Prevention to use the facility through a new Revocable Permit with an increased user fee, passed and adopted Resolution 90-869 on November B. 1990 and WHEREAS, the National Association for Crime Prevention has vacated 170 square feet of space and has elected to occupy only 187 square feet of the original space and has requested a respective reduction in the annual fee; rm DEC 5 1 j� 91- 883 y ' �y`�+l o"fRRRB lilt IT R280►�V Sy Tag. CC 2B���N �� '��� r l ��yyyytyyyyyyj{ i� +� rec ita�.s and firld..ngs. coil shied. iri .the . , Preamble to this Resolution are hereby adopted i9'� 3`efereYl�le thereto and-inoorporated herein a13 if , fally set forth. . ► this . , section. seotion 2. Section 2 of Resolution No. 90-86 dopted NoveiiSer 50, -'1090.0 is hereby amended in the 20110ving partiouIare L to provide for the Beuof a smaller 'portion of space and to provide for a loVer annual fee in accordance Faith the reduction ` .:, 3.n footage�`� avare O.Seotion 2. The City Manager is hereby authored to issue a Revocable Permit1, in substantially the attached form, to the National Association for Crime Prevention, .for. the use of eeT M square feet of space in the "Manuel Artime Community Center located at 900 Southwest First Street, Miami, Florida, said Permittee to pay an annual fee of ,841.00 for the use of the area in accordance with the terms and conditions contained 'in`said Revocable Permit. The herein authorization is further subject to compliance with all requirements that may be imposed by the City -Attorney, inoludiag but not limited ' to those prescribed by applicable City =� Charter and Code provisions." Words and/or figures stricken through shall be deleted`, be The ,'"... Underscored words and/or figures shall added. e remaining provisions remain unchanged, f 2 9t 8$3 } y R} n�, n t K ^ fv- AA� 3r t58VEb SY TNE' CITY 0F MIAMI h. s to NATIONAL ASSOCIATION ` FOR CRIME pREV fttOI4 FOR THE USE OF !a! SQUARE PERT OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER 900 SOUTHWEST" FIRST STREET,',ROOM 306 MIAMI, FLORIDA Issued this day of 1991: ATTEST: ° CITY OF`MIAt4i, "a muniaip�l of the State of .corporation, Florida CITY CLERK ' :!„CITY MANAGER' r APPRO,VED,. AS TO FORM AND CORRECTNESS': t 6 ` 5.. CITY ATTORNEYtit s y r 4 y r rt ML r G 4 t .i'r j -------------x u xs the City of 'kiami (Weih fter referred to' As the hereby, issues this ravdoab a per i thVirg Isar,is the "PERk'i )" to ' vAtibmiL' . A88001AMN Voi bi l il t� 1�Ti`0 S ftor3da'nbn�rofit ;corporation, (hereinafter referred` to es the +�pER1�fl�iTEM) , for the purpose of providing spate for tine admin'istrati-on offiabi of NAMNAL ASNCIATMi PnV9Nt10N and under ' the conditions hereinafter set fartiis Perm itting said PERMITTEE to use 181 square feet of space property located at 906 5outht4est First street,, Room Sod, ' iKia�di'r rlorida` (hereinafter referred to as the "AREA"), described Are Ekhibit'1 which is attached harsto and made a part hereof. SbNDT_'TTONC_ ': 2. This PERMIT shall be valid for a period" of one year commencing on the date of issuance. This PERMIT or any extensions and renewals thereof, in addition'to the terri►ination Which' may result: from or under the provisions of Section 21 .,' hereof; may also ''be terminated by the City Manager, with 'or without cause at any ''time by 'delivery of a written Vnotice of revocation thirty (30) days prior to revocation. 3. , The AREA shall be used 'by the PERMITTEE to provide a radio communication patrol' cooperate with authorities in'disastera and ± crime prevention. u 4. FgE PERMITTEE'shall pay for'the`use of the AREA an annual feeiz� the amount'of `$841, payable in 32 equal monthly installments.'in the amount'of $7008. " s 5. LAWS Apm6iki ' that PERMITTEE accepts this PERMIT and hereby acknowledges -•- PERMiTTEE�s`compliance with all laws of the State' of Florida, k i .i 4 ,eY,eTK "F'R {F a 3 Y Or:dinikriatkS of the city of Miami and Cade CdhntY�. i ida, psttain rig to the aparatien and maintananes of thb .,ARM including- ,but not limited to building , cods8�►tsd t;onin rsatr�otions, is a of this HUM— „condition comply as the same prasantly aXifit and as,.they may b ,therewith ,.. Unlass otherwise provided herrain, the CITY shall proV-1 a� utilities, including but not limited to, eiaotrioity,watex, got" and sewage disposal . gash and. garbage removal .shad Cost of. the CITY. PERMITTEE shall be rasponsible for talphotle . charges. NO 99Tt2NMH1fT OR TRANSFER. PERMITTEE cannot, assign or transfer its privilege of ,entry and use granted unto it,by_this_PERMIT. ; 8. [Y1g TTTON OP AREA PERMITTEE hereby accepts the AREA in its present condition and shall maintain itin 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.. ALMATTONS $Y PNRMTTTEE A., PERNITTE$ may not make any alterations, additions, r. partitions or. improvements ,in or to the AREA without the written consent of the city, Manager or, .his designee. All additions, partitions, or improvements shall become the.proparty of CITY and shall ran ain a .. part of the AREA at the expiration of this PERMIT. They , cost of renovation of ,;the AREA as to alterations, additions artitions or improvements_-shall-.ba borne, by E, 4 r P ,. and is;tha financial responsibility of PRRMITTEE. B. PERMITTEE shall have the right to remove any 7 movable personal property or fixtures that it places in or on the AREA. All alterations, additions, pa,rtitionat F oz improvements must be in =- conformance with 1 � 91, -------------- 42 .. ravisibas of deation 9 hereof, It any, part T AMA is in. any way daMaged by the rartioval of auoh iteloE� as stated, in _ subsection OAn hereof j said damae�a„ ahail k ba : repaired :by pERMITTEE at its sofa oast and eEpa do �w Should MMM fail _- to repair any Aftacp: o used=;to ry the AREA ten (io) Jaya after receipt from CITY directing the required reOaiM `dITY cause the AREA to be repaired at .the sore ooett �titi °; expands, of PERMITTER. PERMITTER shall• pay di ,tho r foil cost of such repairs within. ten W) . da yee receipt of an invoice indicating: the cost ofr such required repairs. Failure to pay.such invoice shall be sufficient cause to revoke, .this ,PERMIT as provided in section 21 below. Notwithstanding. the ,above, ,thin PERMIT may be revoked due to PERMITTER'S failure, to repair the AREA as directed without; the necessity ?..of CITY repairing the AREA. C. Upon completion of construction, and/or improvements, the paid invoices, receipts and other uch documents<shall be submitted to the city Manager.. 10. MarTNTEMANsri3., PERMITTER shall : maintain the AREA.. in good: order and :,repel r at all .times, and in an attractive, clean and�sanitary.condition during the period of this-,: PERMIT or, any, extension or; :renewal - hereof. 11. CTTY'S°; T-CRT OF ENTRY.- ' CITY, - or any of,, its properly designated. agents, representatives ,_or:employees, _shall;.have .the right to enter the AREA <.durinq. all -`reasonable working hours,, to,,examine and/or inspect the ,same: and for:: any necessary.'.acCess,r, to.., the. adjoining City property. 5 12. T R- OZ LOSS k PERMITTER shall ,pay on, behalf :,of defend,, indemnify ansi save ��# CITY harmless against; all risk of. loss, injury or damage of ,at�y r Yi i5 kind` or natura wha abover to property now or h6reamr ptNa4d do or within the ! A and ail risk of load, injury Or damage or any kind or nature whatsoever to the Cantonts of such buildihl �r de by ft9MITTtE to the attuctute of @trua r i f` 11provemanta mau to any goods, chattelserctiandise or to any othertopsrtY that may now or hereafter be placed upon the AREA, `whether belongiW1 r .b� to PtAMITTEE or others, whether said loss, injuf'y o daage i resultsfrom fire, hurricane, rising water ar fram- any'ether cause or other contingency, and whether the sane be oaused'b�r`tti+a claimed negligence of CITY or any of its etepoyees, agents or otherwise, and shall keep CITY har:riless from all claims anti suite growing out of any such lass, injury or damage. ' 13 xNi1Et4�1T F`�CA'1'rt N AND ROTA AR1 TXS The PERMiTTEE`shall indemnify and save the City harmles8. from any and all claims, liability, losses and causes of actions which may arise solely as a result of the PERMITTEE's negligence. 14. 'NsURANC8 i 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, on an occurrence form with a,combined single limit of at least $5000000 covering operations conducted in the AREA, bodily injury and property damage liability'. Any other coverage deemed necessary in the course 'of business: - The City `shall 'be named `an additional insured on `the policy or policies of insurance: B. The policy or policies of insurance required shall be, so.written that the policy 'or,- policies; may' not be cancelled or adversely changed without thirty (30) days advance writtennotice to the .City of Miami being delivered to the Risk Management. Division, 174, East Flagler Street, Miami, Florida 33131. 5 "o h �tt t t x 4 A currAnt dhrtifi0AtO .of Insurance showing the requiredooviraeie shall be Aupplied to the Property and tease MaW1e1eent Off ma the CITY4 lnsurAnne policies required above.'shall be issued b companies authorized to do b0sihoot under. %the isws of the atat+A with the following quhl ifioationa � as to Management anti .fihanoi�►1 ; ', strength: The company ;should be rated A ae td .mhnagef1eht`Qnt no less than class V as to financial streng h� in: accorda�i with the latest edition of 13tst's xev itat{ng . guide - any, Inc., Oidwick, NOV Jersey OSaS��. pendilg `:` the approval of the Self insurance Committee and the tnaurartn+a Committee. Receipt of any documentation or insurance° by:. th7a COY -: or by any of -its representatives:which indicates less" cbverags x. than required does not constitute a waiver of the PERMIT'I'EE:!s obligation tofulfill the insurance requirements herein. 15. 12RAC! VffL, RELINQtTTSHNLr1R! i At the expiration of. the PERMIT period; PERMITTEE`shall, without demand, quietly and peaceably relinquish,'its-use of the AREA °in as good condition as 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 21 hereof, or'.as provided in Section 2 hereof or as may otherwise `be directed�by CITY. ` ! 16. QENZRAL CONDITIONS A. All .notices: or other communications -.-which ay. r �. given , pursuant toilthis, PERMIT :°shall' be =delivered tin ::' ' writing, by personal: service. -or .registered mail, °wand .; shallbe addressed.to CITY and PERMITTEE as follows:- �`TTY `OF �_ PF.RMT�i■f+F.R City Manager Nationals Association for Attn: Property & Lease Mgmt. Crime Prevention, City of':Miami 900 S.W. lot Street .`. P.O. Box 330708 Miami, Florida 33130 Miami,' Florida Such notice shall be deemed given on the day on which ,.. personally served; or, if by mail, on the fifth 'day::' iS' 4° P a 4 > 1b S { i' fift6r, b6int posted ar the date of adtuai a�ei t _ whichever is a&rlier. c h� Title and paragraph headings are for>.onveni�t :.; raferanoe and.are not .a.part, of this P2EMtT. . Ito waiver. of a violation of any provision thf P it1 IT, shall ; e onatitttite a waivor of any,, suboi4ilen violation of the same or any other provisi,10 h recr U ,.. and no . waiver shall be effective -.unless. made 4 ,x writing. b►_ Should any provisions, paragraphs, sentences, words or phrases contained in this PERxj .be determined y: by; a court of competent jurisdiction to be invalid,,, 1 illegal or, otherwise unlawful under the laws of the State -of Florida or the -City, of Miami, such provisions, paragraphs,,.santences, 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. 17.-hDV1B1X1s1Hc: ;.,. PERMITTEE shall,_ not. permit any signs or, advertising; matiter - 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. CITY:.reserves the right to erect or place upon .the :AREA. an appropriate sign, indicating, CITY's having,,issued this PERMIT.;: 18. IQCRTMTNRTTON PERMITTEE. shall not discriminate against: any persons, on account of :,race, _:, color, sex, religious, creed, <,ancestry, _nationa►l t origin, mental or physical handicap, in the use of the'AREA.`- 19. hFFTRM TTS/S_ ACTTAN PERMITTEE, shall have. in,place•,an Affirmatives Aot on/EgUa1 PERMITTEE, Employment -Opportunity Po] lay ,and . shall:institute n plan ,foz ��$ rr � t . aahi+t GNaht which will require that action be taken :to provid+� equal opportunity in hiking and promoting for Wonen, ffiinoritiesr the handicapped; -and Vietnam eftvilt6t6nd, f3uch plan will 3' include a set of ,positive measure Which twill b6 takerto �Ttrsui�e nondisabizination: in the Work place as it. relates .,to hiringif firing, training and promotion. %n lieu 'oft such a ,pplan; PSMITTEE :#hall submit a statement of Assurance indicating that aN^�� their, operation is in compliance with all relevant Civil}, night laws and regulations. 10. ;:►ftiaTriabh nvsrf!rEf4s,>fiILE"f� t� pEtMITTEE, shall make every good` .faith effo to purchase/contract fifty ona percent `(51) of itbi annual goods v � services requirements from Hispanic, Black and Wotdeif 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. F 21. VIOLATIONS ri ;r If PERMITTEE in any manner violates the restrictions and conditions',of_this.PERMIT, then, and in the event, after ten (10) t 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 K 3�, other or further action by CITY. 22. TBXES. During the period of this PERMIT, PERMITTEE shall pay any3� and all taxes of whatever nature lawfully levied upon or assessed against the AREA. �f 23. TUNRRCT CONFERRE2 BY PERMIT £ �� 5� .The provisions of this PERMIT do not constitute a lease and j t the rights of PERMITTEE hereunder are not those of a tenant. No x a} Y r c 7!.;` r :•.- ,' y t! 1 1 ji 'ij t {+y''s�'S s Sky i ' leasahoid intaraht in the ARIA is conlarr+ad upon PEAMI' T92 undir the provisions hereof. In the event that it becomes neoggsary - far CITY �� i.natiti�tii �t legal procesdine to anfoce the pr6visione cf this ' PNRMiTT E shall pair brTYIs court costa and attOrnsy�s � { I f ^ The con litibho contained herein shall nct be m6di�fieiOni0a+� LA �• said modifications are approved in writing by the City atta erg . ACKNOWLEbGMgNT 3 IN WITNESS WIiEREOF#' PERMITTEE ,has hereunto t3ausec;. thi€t Permit to. be applied for and has executed -this fal,Yb�itig Revocable ' by; its duly authorized officers, as .of this day +bf 1991. - ATTEST: PERMITTEE:if NATIONAL ASSOCIATION FOR CRIME PREVENTION 4 Corporate Secretary President APPROVED AS TO i` INSURANCE REQUIREMENTS: 'Insurance Coordinator i f t 91-� kk r ti Y 1 4 , . 7 .. } r c� lR�RPORATE••:�E�t1�LiJ r�fN..; x . WH AG, the Board of birectors of'NATIONAL AsbactAIrtom, #OR b �r CANE P1k9VENTION desires to obtaih a .mobeabis F Plarmit �rb*< t�i� CITY OF MrANY for use of 107 . square fast of spetoe tit �o� Southwest First Atreet, Miami, lorfd,t and t5 WHEREAS, the board of Directors of NATIONAL ASSOCIATION FORt CRIME PREVENTION has examined the terms, conditiond.,h } obligations of the q proposed Revocable permit from the CITY and for use of said space; and WHEREAS, the board of Directors at a duly held corporate ". fineetinq,has considered the matter in accordance with ,the g Laws of the corporation; NOWo THEREFORE,..BE IT RESOLVED BY, THE BOARD OF DIRECTORS OF ' NATIONA 'ASSOCIATION FOR CRIME PREVENTION, that the Fresicle t-fa hereby authorized and instructed to execute an acknowledgment in the name of and on behalf of this corporation of its application. for the ' use of 187 square feet ` of space at 900 Southwest First Street, _ Miami, Florida, in accordance with:'.the .• terms and conditions for such use as' are' imposed" by the CITY, and° in' 5 ` 1:. '..: accordance with the fee --for such" use,.:, all as contained, in . "the Revocable Permit sought'to• be obtained from the CITY, is :. IN_;WITNESS WHEREOF,` this day of ,. 1991.` NATIONAL .ASSOCIATION FOR CRIME - - PREVENTION gy; - Pres dent ATTEST: 1 Corporate Secretary 4j 91- 883 „? m CITY or MIAMI, FLORIDA ITJiS-OFFICE MP.M AANbWM