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Home My WebLink AboutR-90-0763AN J-90-005 10/9/90 RESOLUTION NO. 90 `" 763 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMITS IN SUBSTANTIALLY THE ATTACHED FORM; TO NATIONAL, JOURNALIST ASSOCIATION OF CUBA IN EXILE, INC., FOR THE USE OF 429 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 $1,930.50, FOR THE USE OF THE AREA IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. WHEREAS, the National Journalist Association of Cuba in Exile, Inc., a Florida nonprofit corporation, has occupied 429 square feet of space in the Manuel Artime Community Center since 1986 under a Revocable Permit, and has been paying $1.00 yearly forthe use of the area; and WHEREAS, said permit and extensions thereto have expired;. and WHEREAS, the City of Miami is willing to allow the National , Journalist Association of Cuba in Exile, Inc. to use the facility through a new Revocable Permit with an increased user fee; 3F NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:' ,.j Section 1. The recitals and findings contained in the.-. Preamble to this Resolution are hereby .adopted by reference: ,u x thereto and incorporated herein as if fully set forth in this t Section. f F Section 2. The City Manager is hereby authorized to issue a ` 1 k a E ATTACHMENTS �s r CONTAINED ,fin f u r i REVOCABLE PERMIT T`#s ISSUED BY THE CITY OF MIAMI n TO NATIONAL JOURNALIST ASSOCIATION OF CUBA IN EXILE, INC. FOR THE USE OF 429 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER - s 900 SOUTHWEST FIRST STREET, ROOM 200 .r s MIAMI, FLORIDA F t 3 �i 1 Issued this .. day of , 1990. zF � r� r ATTEST; ,. CITY OF MIAMI, a municipal a F corporation of the state, of-':; Florida �i TA 4 CITY CLERK CITY 'MANAGER APPROVED AS TO FORM AND CORREC TNESS . s CITY A Cl TTORNEY w, t f} +6 1 l4 r1 it I t # RA 0 r h.s }} 2 1 1 DESCRIPTION OF AREA 2. TIME PURPOSE 4. PEE 5. LAWS APPLICABLE 6 UTILITIES 7. ASSIGNMENT OR TRANSF -AY%vm �h �fiM'+eq�^�§�Y'WY*N9441ryYlwe�! �. �tl�tTEN'IS 3 3 3 r 3 4 ,R 4 ' MvF , .` TIME 3 PURPOSE 4 FEE 5 LAWSAPPLICA 5. UTILITIES i <ti 1. �ES�fifi� _ The city of. Miami 11' 11� �` (hereinafter referred to as the CITY � , hereby issues this revocable permit (hereinafter referred to as the +PERMIT,,) to NATIONAL JOURNALIST ASSOCIATION OF CUSA ';x - EXILE, INC. a Florida nonprofit corporation, (hereinafter referred to as the 11PERMITTEE" ), for the purpose of providing s`{ .a' space for the administration offices of NATIONAL JOURNALIST . ASSOCIATION OF CUBA IN EXILE, INC. and under the conditions t! hereinafter"sat forth, permitting said PERMITTEE to use 429 square feet of space of the property located at 900 Southwest First Street, ROOM 200, Miami, Florida (hereinafter referred to ` as the "AREA"), described in Exhibit 1 which is attached hereto and made a part hereof. CONDITIONS 2. F 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 termination which may result from or under the provisions of Section 21 hereof, may also: be terminated by the City Manager, with or �r >, t without, cause at any, ,time by delivery of a written notice of �z revocation thirty (30) days prior to revocation. , 3. PURPOS�F The AREA shall be used by the PERMITTEE to provide i F 2 unification of Cuban journalists in exile. ,a 4 FEE k PERMITTEE shall pay for the use of the AREA an annual -.fee in .the ..amount of $l 930.50 , , payable in 12 equal monthly installments# in the amount.of $160.88. 5 • LAWS APPI.T[+ART F a PERMITTEE accepts this PERMIT and hereby acknowledges th'a PERMITTEE 1 s Compliance with all laws of the State of ` Fle+r� 2 y�, -. 3 NV � din nc s of the City Of Miami and bade County, E orida, pertaining to the operation and maintenance of the AREA, ' ineludingbut not limited to building codes and zoning restrictions, is a condition of this MMIT, and PEI NMltTEE shall. comply therewith as the same y y ya presently exist and as the n►a be � a amended hereafter. 6. UTILTTILS_ ' x Unless otherwise provided herein, the CITY shall provide all ti= 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 Rl } charges.. j 7. I30 ASSIGNM_ ENT OR TRANSFE PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this PERMIT. 8. CONDITION OF RE J 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 PERMITTFF A: PERMITTEE may not make 'any alterations, additions,. partitions or improvements in or to the AREA without the written consent of the City Manager's 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 fy. cost of renovation of the AREA As to alterations, additions, partitions'or improvements' shall be'borne.by and is the financial responsibility of PERMITTEE: , w S. PERMITTEE shall have the right to remove any> movable , t I personal property or fixtures that it places ins_ or on the.AREA. All alterations, additions, partitions or improvements must be in conformance with thy: ! St A i F I 4 j 4 t �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 orstructures, 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, g y, 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.DErFrcAmrON ND 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 solely as 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 ` as covering operations conducted in the AREA, bodily injury and property damage liability. Any other coverage deemed necessary in the course of business. i The City shall be named an additional insured on the L } Policy or policies of insurance. B. The policy or policies of insurance required shall be so written that the olic or la Y may, be 3 .policies ,not .s h� cancelled.or adversely changed without thirty (30) days s advance written notice to the City of Miami being` delivered to the Insurance Manager, City Attorneys�� Office, one Southeast 3rd Avenue, Miami., Florida 3313i,'€ f,^ d }T utirengun: ine company should be rated A as to management, and no ..s less than class V as to financial strength, in accordance with the latest edition of Best's Key Rating Gui!4p, 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. .PEACEFUL RELINQnr�uMFNT 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. GENERAL CONDTTrONS �; A. All notices or other communications which may be { given pursuant to this PERMIT shall be delivered in writing, by personal service orregisteredmail, and yPC �. shall be addressed to CITY and PERMITTEE as follows- s PERMITTEE 2 CityManager National Journalist.Assoc Attn: Property & Lease Mgmt.of Cuba in Exile, Inc. x,F City of -Miami 900 S.W. 1st. street P.O. Box 330708 Miami, Florida 33130` Miami, Floridak wit Such notice shall be deemed given on the day on which Ly Personally served; or, if by mail, on the fifth day i33 a N t _ 3 u�` � K„4 Y 4 sb 4Paa i I after being posted or the date of actual rece pt# whichever is earlier, 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. b. 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'. 17. ADVERmTSTNG' 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 qs 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. MONISTS T T v PERMITTEE shall not discriminate against any y persons f; on Account of 'race, color, sex, religious creed, ancestry, na:�onal k2 origin, mental or physical handicap, in the use of the AREAS5. 19• AFEIRMATIVE Aemrnw r' , PERMITTEE, shall have in place an Affirmative Action E quaff Employment o P yment-pportunit policy y and shall in a yr plan - is L 1N , �« - s r achievement which will require that action be taken to provide equal Opportunity in Kirin and g promoting for women, minorities] the handicapped, ► and Vietnam era veterans. Such plan wl include a set of positive measures which will betaken 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 • MTNORT'�y�WOMEI3 BUSTIv GG rtmtr IZATION PERMITTEE, shall make every good faith effort to purchase/contract fifty-one percent (51%) of its annual goods and services requirements from $ispanic, 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. 21 . VIQT �TTANfi 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 within44 which to cease such violation or to correct such deficiencies, s; r and upon failure of PERMITTEE to do so after such written notices this PERMIT is hereby revoked automatically with the need for other or further action by CITY. F 22. During the period of this PERMIT, PERMITTEE shall05 PaY any IX s and all taxes of whatever nature lawfully levied upon or assessed against the AREA. Y INTEREST23. CONrroDyn ny pggMTn. The provisions of this PERMIT do not constitute a lease and � the rights of PERMITTEE hereunder are not those of a tenant, No r a; r - - �, �:. _