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Home My WebLink AboutR-90-0764J-90-806 10/9/90 RESOLUTION NO, A RESOLUTION, WITH ATTACHM9NT(S)r AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED VORMr TO JEFATURA MILITAR CONJUNTA BRIGADA 25061 INC., FOR THE USE OF 392 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 SOUTHWEST FIRST STREET, MIAMIt FLORIDA; SAID PERMITTEE TO PAY AN ANNUAL FEE OF $1r764.00, FOR THE USE OF THE AREA IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. WHEREAS, the Jefatura Militar Conjunta Brigada 2506, Inc., a Florida nonprofit corporation, has occupied 392 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 WHEREAS,, said permit and extensions thereto have expired; and WHEREAS, the City of Miami is willing to allow the Jefatura Militar Conjunta Brigada 2506, Inc. 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. Section 2. The City Manager is hereby authorized to issue a ATTACHMENTS CONTAINED OCT, 16'.41%.. t �4 r I DESCRIPTION Or AREA 3. PURPOSE 4. FEE 5 LAWS APPLICABLE 6. UTILITIES 76 ASSIGNMENT OR TRANSFER 8. CONDITION OF AREA 9. ALTERATION BY PERMITTEE 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12. RISK OF LOSS 5 13.1 INDEMNIFICATION 6 14. INSURANCE 15. PEACEFUL RELINQUISHMENT 7 16. GENERAL CONDITIONS `7 12. ADVERTISING $ 18. NONDISCRIMINATION g' 19. AFFIRMATIVE ACTIONS. I 20. MINORITY/WOMEN BUSINESS UTILIZATION g' VIOLATIONS f 9 22. TAXES` 9 23.*, INTEREST CONFERRED BY `'PERMIT 10 ' 24_.. COURT COSTS AND ATTORNEY'S FEES I SY r 25. MODIFICATIONS 10 . EXHIBIT: CORPORATE RESOLUTION y. T r qper. y. ea }j 1 Tin f L t r r fit¢ t�u� C 5 �%A 6k sl A"�Wk gr"ih r RUDCABLE P 9MIT The City, of Miami (hereinafter referred to as the "CITY") hereby issues this revocable permit (hereinafter referred: to as the "PERMIT") to JEFATURA MII,ITAR CONJUNTA ERIGADA 2506, INC. , a Florida nonprofit corporation, (hereinafter referred to as the s "PERMITTEE" ), for the purposeof providing space for the administration offices of JEFATURA MILITAR COWUNTA ERIGADA 2505, xti «n; INC. and under the conditions hereinafter set forth, permitting said PERMITTEE to use 392 square feet of space of the property located at 900 Southwest First Street, ROOM 208, Miami,.Florida (hereinafter referred to as the "AREA"), described in 'Exhibit 1 which is attached hereto and made a part hereof. CONDITIONS 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 termination which may result :from or under the provisions of Section 21 F hereof,,,may also be terminated by the City. Manager, with or t without cause at any time by delivery of a written notice of revocation, thirty (30) days y prior to revocation. a 3. QtIRPOSE �' The AREA shall be used by the PERMITTEE, for the purpose of xY providing' community services, coordinatin g patriotic, cultural � 3 7 , and civic events, as well as for meetings and. activities of �T members. ,{ ,f '+ FEE .hYe4 PERMITTEE shall pay for the use of,the AREA an°annual.fee in 0 � .the amount.= of $1 ?64 , , payable in 12�equal monthly installments_in,�� the amount- of $14 7 5. PERMITTEE accepts this PERMIT and hereby41 ' ��5� y acknOwledge that PERMITTEE's compliance with all laws of the State of F14'id4 $}. S is ,. R Y x x ....ty ,:.. e.to1-•TEi?NAIT "AF r.•>N,.}r+.. 41Y+Mv N i �i L. i.F ,r Ordinances of the City of Miami and bade County, FlO ida, Y , 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 dame presently exist and as they may be 'J amended hereafter. 6. UTILITIES 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. CONDITION OF EA PERMITTEE hereby accepts the AREA in its presentcondition 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 _9 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 t, tt and is the financial responsibility of PERMITTEE. 1 ? E. PERMITTEE shall have the right to remove any 4 x x arsenal movableF property or fixtures that it places in � or on the AREA. All alterations, additions, partitions, - or improvements must be in conform anpe with : tk ' ' _ ye —. rt _ y, - kind or nature whatsoever topropertynow 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 = imprOVdments made by PgRMITTEE to the structure or structures, or to any goods, chattels, merchandise or to any �I*her property that may now or hereafter be placed upon the AREA, whether belonging to PERMITTEE or others, whether said doss, 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. INDEMNTFrCATION AND 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 y 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. ry 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.-f B. The policy or policies of insurance required shall be so written that the policy or p y policies may not be cancelled or adversely changed without thirty (30) days' advance written .notice to the City of Miami being- delivered to the Insurance Manager, City Attorneys ti y Y Office, One Southeast 3rd Avenue, Miami, Florida 33131. i 7 t 3 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 shallbe 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 Key Rating Guide, published by Alfred M. Rest 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. px AOEFUL• RELINO tT�HMFNT 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• CONDTTTONS " A. All notices or other communications which'may be given. g pursuant to this PERMIT shall be delivered in writing,b y personal service or registered mail, and> shall be addressed to CITY and PERMITTEE as follows. CITY- OF M AMT P MTTTF�' sd6t_ City Manager ! Jefatura Militar Conjunta> Attn: Property & Lease Mgmt. Brigada 2506, Ind. City of Miami 900 S.W. 1st Street P.O. Box 330708 < Mama; Florida Miami, Florida 33130 ry"'2E Such notice shall be deemed given on the day on which personally served; or.. if by mail, on the fifth day ;t f �a t 7 z Su`jrrol'tr'!"i!+`94 after being posted or the date of actual receipt -' whichever is earlier. E. Title and paragraph headings are for Convenient reference and are not a part of this PERMIT. , C. No waiver of a violatiosl of any provision of this z; PERMIT shall constitute a waiver of any subsequent - = violation of the same or any other provision hereof, j 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, E, 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, andthesame, 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. ADVERTTSTNr PERMITTEE shall not permit any signs - or advertising matter to be;placed either in the interior or upon the exterior of: the feu 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 er 6 - having issued: -;this PERMIT. 3' � 18. 1�OND?SCRTMTNA't'T_ONz ,r. PERMITTEE shall not discriminate against any persons _n L account of race, color, sex, religious creed, ancestry, n tiona�, origin, mental or physical handicap, in the use of the AREA.. a Ll 19. A ATIVE ACTION L PERMIT BE shale. have in place an Affirmative Aotion J�Yt�.•y. M,xj ` a Employment Opportunit Poli.c p q y! �.. y and shall i�ist�.tl,�t9 a P1aA F 3j5 y t t q f "fit achievement which will require that action be taken to provide 6qua17 opportunity in hiring and promoting for women, minorities, the handicapped, and Vietnam ora veterans. Such plan will include asset of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring' t. s firing, training and promotion. In lieu of such a policy/plan► f PERMITTEE shall submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations. 20. MINORITYAWOMEN BUSINESS UTILIZATION PERMITTEE, shall make every good faith effort to _ purchase/contract fifty-one percent (51%) of its annual goods and 3 s 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 i will be made available to the PERMITTEE at the time of. the Inq issuance of the PERMIT by the City of Miami and updates will be x routinely provided by the City's Office of Minority/Women Business Affairs.' 21. VIQT.t�TTONS. 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° ;F s� which toceasesuch violation or to correct such deficiencies d 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. During the period of this PERMIT, PERMITTEE shall pay any, � and all taxes of whatever nature lawfully levied upon or assessed #' 't against the AREA.r 23. INTEREST CONFu,F��X_PFRM �' `' The provisions of this PERMIT do not constitute a lease and4 the rights of PERMITTEE hereunder are not those of a tenant, No:;, fl v + _ QQ i a sasehoid interest in the AREA is conferred upon PERMITTEE Under the provisions hereof. 244 COURT COSTS AND ATTORNEY 4 S F99S 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. *00IFICATIQNS 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: JEFATURA MILITAR CONJUNTA BRIGADA 2506, INC. 1 C (Seal) Corporate Secretary President APPROVED AS TO INSURANCE REQUIREMENTS: i lam' Insurance Coordinator Ri c. 're tI r r 10 E^ CORPORATE -RESOLUTION WHMtAS, the Board of Directors of JEFATURA MILITAR COWUNTA ERIGADA 2506, INC. desires to obtain a Revocable permit from the CITY OF MIAMI for use of 392 square feet of space" at 900_ Southwest First Street, Miami, Florida; and lWHEREAS, the Board of Directors of JEFATURA MILITAR CONJUNTA BRIGADA 2506, INC. has examined the terms, conditions and f 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 JEFATURA MILITAR CONJUNTA BRIGADA 2506, INC., that the President, t 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 392 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 1990: , JEFATURA MILITAR CONJUNTA 4< BRIGADA 2506, INC, My i By • ! President; :5 ATTEST: "z Pt Corporate Secretary 'n? F& Ev, F 4 " g f dti E,Lyl. - v `�. V] ' i J Jvi`.WeM`