HomeMy WebLinkAboutR-90-0869t
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J-90-804
10/9/90
RESOLUTION NO . 9 0 ... 8 b 9
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT,
IN SUBSTANTIALLY THE ATTACHED FORM, TO
NATIONAL ASSOCIATION FOR CRIME PREVENTION,
FOR THE USE OF 357 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
$1,606.50, FOR THE USE OF THE AREA IN
ACCORDANCE WITH THE TERMS AND CONDITIONS
CONTAINED IN SAID REVOCABLE PERMIT.
WHEREAS, the National Association for Crime Prevention, a
Florida nonprofit corporation, has occupied 357 square feet of
space in the Manuel Artime Community Center since 1986 under a
Revocable Permit, and has been paying $1.00 yearly for the use of
the area; and
and
WHEREAS, said permit and extensions thereto have expired;
WHEREAS, the City of Miami is willing to allow the National
Association for Crime Prevention to use the facility through a
new Revocable Permit with an increased user fee;
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.
B�
14ENDED
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/ATTACH IVI ENTS
f
CONTAINED
CITY coMMSSION
MEETING OF
IUMM" .0- 869J
Section 2. The City Manager is hereby authorized to issue a
Revocable Permitl/, in substantially the attached form, to the
National Association for Crime Prevention, for the use of 357
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 $1,606.50 for the use of the
area in accordance with the terms and conditions contained in
said Revocable Permit.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of Noyembvf--1 , 1990.
ATTE XAVIER L. SU REZ,
MATTT HIRAI
City Clerk
PREPARED AND APPROVED BY:
RAFAEL 0. DIAZ
Chief Assistant City Atto ey
APPROVED AS TO FORM AND
CORRECTNESS:
0J
JqR" L. -F RNANDEZ
City Attor ey
ROD/pb/M1806
1� 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.
-2- 94-- 869
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
NATIONAL ASSOCIATION FOR CRIME PREVENTION
FOR THE USE OF 357 SQUARE FEET
OF SPACE IN THE
MANUEL ARTIME COMMUNITY CENTER
900 SOUTHWEST FIRST STREET, ROOM 306
MIAMI, FLORIDA
Issued this
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
day of
, 1990.
CITY OF MIAMI, a municipal
corporation of the State of
Florida
CITY MANAGER
= e a
CONTENTS
1.
DESCRIPTION OF AREA
3
2.
TIME
3
3.
PURPOSE
3
4.
FEE
3
5.
LAWS APPLICABLE
3
6.
UTILITIES
4
7.
ASSIGNMENT OR TRANSFER
4
S.
CONDITION OF AREA
4
9.
ALTERATION BY PERMITTEE
4
10.
MAINTENANCE
5
11.
CITY'S RIGHT OF ENTRY
5
12.
RISK OF LOSS
5
13.
INDEMNIFICATION
6
14.
INSURANCE
6
15.
PEACEFUL RELINQUISHMENT
7
16.
GENERAL CONDITIONS
7
17.
ADVERTISING
8
18.
NONDISCRIMINATION
9
19.
AFFIRMATIVE ACTION
9
20.
MINORITY/WOMEN BUSINESS UTILIZATION
9
21.
VIOLATIONS
9
22.
TAXES
9
23.
INTEREST CONFERRED BY PERMIT
10
24.
COURT COSTS AND ATTORNEY'S FEES
10
25.
MODIFICATIONS
10
EXHIBIT 1
CORPORATE RESOLUTION
90-- 869
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P2y4-QABL URVW _
1. DFSCRI 9 QX--ARFA,
The City of Miami (hereinafter referred to as the "CITY")
hereby issues this revocable permit (hereinafter referred to as
the "PERMIT") to NATIONAL ASSOCIATION FOR CRIME PREVENTION, a
Florida nonprofit corporation, (hereinafter referred to as the
"PERMITTEE"), for the purpose of providing space for the
administration offices of NATIONAL ASSOCIATION FOR CRIME
PREVENTION and under the conditions hereinafter set forth,
permitting said PERMITTEE to use 357 square feet of space of the
property located at 900 Southwest First Street, ROOM 306, Miami,
Florida (hereinafter referred to as the "AREA"), described in
Exhibit 1 which is attached hereto and made a part hereof.
2. TIME
This PERMIT shall be valid for a period of one year
commencing on the date of issuance. This PERMIVy or any
extensions and renewals thereof, in addition to the termination
which may result from or under the provisions of Section 21
hereof[/ may also be terminated by the City Manager, with or
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without cause at any time by h�' ��tof a written notice of
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revocation A thirty (30) days prior to revocation.
3. PURPOSE
The AREA shall be used by the PERMITTEE to provide a radio
communication patrol cooperate with authorities in disasters and !h
crime prevention.
4. FEE
PERMITTEE shall pay for the use of the AREA an annual fee in
the amount of $1,606.50, payable in 12 equal monthly installments
in the amount of $133.88.
5. LAWS APPLICABLE
PERMITTEE accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance with all laws of the State of Florida,
90- 869
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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. LLTILi Z5-
Unless 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 ASSIGNMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
8. QD-H TION 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 BY PERMITTEE
A. PERMITTEE may not make any alterations, additions,
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 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 alterations,
additions, partitions or improvements shall be borne by
and is the financial responsibility of PERMITTEE.
B. PERMITTEE shall have the right to remove any
movable personal property or fixtures that it places in
or on the AREA. All alterations, additions, partitions
or improvements must be in conformance with the
90-- 869
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provisions of Section 5 hereof. If any part of the
AREA is in any way damaged by the removal of such items
as stated, in subsection "A" hereof, said damage shall
be repaired by PERMITTEE at its sole cost and expense.
Should PERMITTEE fail to repair any damage caused to
.rheag, V / -n 9 c
the AREA ten (1o) days afterr l-'Pt 6f written notice
4M CITY directing the required repairs, CITY 1M 2Y
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 h e_
ieee )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 21 below. Notwithstanding the above, this
PERMIT may be revoked due to PERMITTEE'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
such documents shall be submitted to the City Manager.
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 any extension or renewal
hereof.
11. CITY' S RIGHT OF ENTRY
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 and for asW necessary access to t4W adjoining
City property.
12. RISK OF LOSS
PERMITTEE shall pay on behalf of, defend, indemnify and save
CITY harmless against all risk of loss, injury or damage of any
90-- 869
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i
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 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. INDEMNIFICATION ANTI HOLD HARMLESS
The PERMITTEE shall indemnify and save the City harmless
from any and all claims, liability, losses and causes of actions
which may arise Ejc :e�Dyas a result of the PERMITTEE's negligence.
14. INSURANCE
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 $500,000
covering operations conducted in the AREA, bodily
injury and property damage liability. Any other
coverage deemed necessary in the course of business.
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The City shall be named an additional insured on the
a�
policy or policies of insurance.
B. The policy or policies of insurance required shall
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be so written that the policy or policies may not be
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cancelled or adversely changed without thirty (30) days
advance written notice to the City of Miami being
delivered to the Insurance Manager, City Attorney's
a
Office, One Southeast 3rd Avenue, Miami, Florida 33131.
90-- 869
6
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 should be rated A as to management, and no
less than class V as to financial strength, in accordance with
the latest edition of Best's Kev Rating Guide, published by
Alfred M. Best Company, Inc., Oldwick, New Jersey 08858, pending
the approval of the Self Insurance Committee and the Insurance
Committee. 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.
15. PEACEFULQUISHMENT
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 tea I uch 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. 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:
C1TY OF MIAMI PERMITTEE
City Manager National Association for
Attn: Property & Lease Mgmt.Crime Prevention
City of Miami 900 S.W. 1st 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
7 90- 869
H
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after being pss*--ed or the date of actual receipt,
whichever is earlier.
B. Title and paragraph headings are for convenient
reference and are not a part of this PERMIT.
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C. No waiver of a violation of any prze of this
PERMIT shall constitute a waiver of any subsequent
violation of the same or any other pie 1 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. CITY reserves the right to erect
or place upon the AREA an appropriate sign indicating CITY's
having issued this PERMIT.
18. NONDISCRIMINATION
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.
19. AFFIRMATIVE ACTION
PERMITTEE, shall have in place an Affirmative Action/Equal
Employment Opportunity Policy and shall institute a plan for its
8
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.
20. MINORI Y/K0HEN BZMj_NFSS UTIJj_Z TIQNL
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
c _
Business Affairs. 70-
21. VIOLATIONS OV /` ��'S ca P
lea
If PERMITTEE in any manner violotho%
Ae restrictions and
conditions of this PERMIT�_n
then, and ient, after ten (10)
days written noticeo PERMITTEE by the City Manager within -
t
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.
22. T
During the period of this PERMIT, PERMITTEE shall pay any
and all taxes of whatever nature lawfully levied upon or assessed
against the AREA.
23. INTEREST CONFERRED BY PERMIT
The provisions of this PERMIT do not constitute a lease and
the rights of PERMITTEE hereunder are not those of a tenant. No
9 90- 869
.40
leasehold interest in the AREA is conferred upon PERMITTEE under
the provisions hereof.
24. COURT _QOST_$-.III AT-T-0-RNTE-Y-'_8-E
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.
25. MODIFT-.CAT-jQIZS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City Manager.
ACKNOWLEDGMENT
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
1990.
ATTEST: PERMITTEE:
NATIONAL ASSOCIATION FOR CRIME
PREVENTION
Corporate Secretary President
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance Coordinator
(Seal)
90- 869
10
Manuel Artime Community Center
goo S.w. 1st Street
Miami, Florida 33130
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Little Havana Community Center
Building A
3rd Floor Plan
90-- 869
L'X11JTITT 1
W
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CORPORATE RESOLUTION
WHEREAS, the Board of Directors of NATIONAL ASSOCIATION FOR
CRIME PREVENTION desires to obtain a Revocable Permit from the
CITY OF MIAMI for use of 357 square feet of space at 900
Southwest First Street, Miami, Florida; and
WHEREAS, the Board of Directors of NATIONAL ASSOCIATION FOR
CRIME PREVENTION has examined the terms, conditions and
obligations of the proposed Revocable Permit from the CITY and
for use of said space; 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
NATIONAL ASSOCIATION FOR CRIME PREVENTION, that the President is
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 357 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
accordance with the fee for such use, all as contained in the
Revocable Permit sought to be obtained from the CITY.
IN WITNESS WHEREOF, this day of
ATTEST:
Corporate Secretary
, 1990.
NATIONAL ASSOCIATION FOR CRIME
PREVENTION
By:
President
90- 869
i
Honorable Mayor and
To The City Commission
FROM: Cesar H. odlo
City Manager
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Members of DATE : OCT 1990 FILE
Resolution Authorizing
SUBJECT Issuance of Revocable
Permit for National
Association for Crime
REFERENCESPrevention
ENCLOSURES:
22
It is respectfully recommended that the City Commission adopt a
resolution authorizing the issuance of a Revocable Permit to the
National Association for Crime Prevention (Crime Prevention) for
use of 357 square feet in the Manuel Artime Community Center.
The General Services Administration Department, Property and
Lease Management Division has prepared a Revocable Permit to be
issued to Crime Prevention for use of space in the Manuel Artime
Community Center, 900 Southwest First Street, Room 306, Miami,
Florida.
Crime Prevention is a nonprofit corporation that has occupied 357
square feet of space under a Revocable Permit issued in 1986, at
$1.00 per year, which has been renewed annually and will expire
in November, 1990.
It is recommended that a new Revocable Permit be issued to the
National Association for Crime Prevention increasing the user fee
to $1,606.50 annually, representing the total 357 square feet at
$4.50 per square foot.
90- 869