HomeMy WebLinkAboutR-90-0765J-90-807
10/9/90
RESotutnoN No. 9 0 - 7 6
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT,
IN SUBSTANTIALLY THE ATTACHED FORM, TO CENTRO
DE DERECHOS HUMANOS, FOR THE USE OF 170
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 $765.00, FOR THE USE
OF THE AREA IN ACCORDANCE WITH THE TERMS AND
CONDITIONS CONTAINED IN SAID REVOCABLE
PERMIT.
WHEREAS, the Centro De Derechos Humanos, a Florida nonprofit
corporation, has occupied 170 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 Centro De
Derechos Humanos 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
Revocable Permit in in substantially the attached form, to the
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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,
ATTACHMENTS
CONTAINED
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Centro De Derechos Humanos, for the use of
170 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 $765.00 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 18th day of
October 1990.
,
ATT XAVIER
L. SUA EZ MAYOR
•
•
WIT HIRAI
City Clerk
PREPARED AND APPROVED BY:
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RAF -`'`D I Z
Chief Assistant -City A ney
APPROVED AS TO FORM AND
CORRECTNESS:
4
J
GE L. F RNANDEZ
Ci
y Attor ey
ROD/pb/M1809
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CONTENTS
DESCRIPTION OF AREA
`2.
TIME
3.
PURPOSE
4.
FEE
;
5.
LAWS APPLICABLE
3.
G.
UTILITIES
4
7.
ASSIGNMENT OR TRANSFER
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CONDITION OF AREA
4
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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
16.,
GENERAL CONDITIONS
7
17.
ADVERTISING
8
18.
NONDISCRIMINATION
9 °
19.
AFFIRMATIVE ACTION
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20.
MINORITY/WOMEN BUSINESS UTILIZATION
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21.
-VIOLATIONS
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221.
TAXES
23.
INTEREST CONFERRED BY PERMIT
24.
COURT COSTS AND ATTORNEY'S FEES
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25.
MODIFICATIONS�T
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EXHIBIT
CORPORATE RESOLUTION
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nV0�AWL1 PERMIT
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= The City of Miami (hereinafter referred to as the "CITY')
hereby issues this revocable permit (hereinafter referred to as
the i1PERMIT11) to CENTRO DE DtRECHOS HUMANOS, a Florida nonprofit
corporation (hereinafter referred to as the "PERMITTEE"), for
the purpose of providing space for the administration offices of
CENTRO bE DERECHOS HUMANOS and under the conditions hereinafter
set forth, permitting said PERMITTEE to use 170 square feet of
space of the property located at 900 Southwest First Street, ROOM
.302, 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
commencingon 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
without cause at any time by delivery of a' written notice of
revocation, thirty (30) days prior to revocation.
3 • PSIRPOSE
The AREA shall be used by the PERMITTEE as administrative''
offices for the 'defense of human rights in Cuba.
4. FEE
PERMITTEE.shall pay for the use of the AREA an annual fee in..
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the amount of $765.1 payable in 12 equal monthly installments in
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the amount of $63.75.
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5. LAWS A Ar.ICARLE.
PERMITTEE accepts this PERMIT and hereby, acknowledges that
PERMITTEE's compliance with all laws of the State of Florida i
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-° Ordinances of the City of Miami and Dade County, Florida,
_
pertaining to the operation and maintenance of the AkEA,
including but not limited to building codes and zoning
restrictions, is a condition of this PERMIT, and PgRMiTTEE shall
comply therewith as the same presently exist and as they may be
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 TRA_NSFFR
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
8. CONDITION 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. AT.TERATTONS RV 1�FUM rmTF
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
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designee. All additions partitions, or improvements
shall becomethe property of CITY and shall remain a
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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
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movable personal Property
pro ert or fMtu
fixtures that it places in
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or on the AREA, All alterations additions,partitions
or improvements must be in conformance with thy`
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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 "All hereof, said damage.shall
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be repaired by PERMITTEE at its sole cost and expense.
Should PERMITTEE fail to repair any damage caused to
the AREA ten (10) days after receipt of written notice
1, from CITY directing the required repairs, CITY shall
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
receipt 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 andrepair,
at all times, and in an attractive, clean and sanitary condition
Burin .the g period of this PERMIT or any extension or renewal
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hereof.
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11. -° CITY' S RTGHT OF ENTRY
,
CITY, or any of its properly designated agents,,,§;
representatives, or employees, shall have the right to enter the,;
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AREA during all reasonable working hours, to examine and/or
inspect the same and for any necessary access to the adjoining:
City property.
12. RISK OF IA�SS
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PERMITTEE shall pay on behalf of defend indemnify and save
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CITY harmless against all risk of loss injury or. damage of any
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kihd br nature whataoever to property now or hereafter placed on
or withinthe AREA and all risk of lass, 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 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 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.
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coverage deemed necessary in the course of business.
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The City shall be named an additional'` insured on the
policy or policies of insurance.
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Be The policy or policies of insurance required ,shall
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be so written that the policy or policies may not be
cancelled or adverse? without thirty Y changed g (30) days
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advance written notice to the City of Miami being
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delivered to the Insurance Manager, City Attoarney's
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Office, One Southeast 3rd Avenue, Miami, Florida 33131,
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after being potted or the date of actual receipts
whichever is earlier.
13. 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.
17. ADVERTISING.
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PERMITTEE shall not permit any signs or advertising matter
4;.
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
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or place: upon the AREA -an appropriate sign indicating.°CITY,�s
having issued this PERMIT.
18. NQUDISCRIMINATION
PERMITTEE shall not discriminate against" -any:persons on
account of race, color, sex, religious creed, ancestry, natiohal
origin, mental or physical handicap, in the use of the AREA.
19. A EnTTVE ACTION
;
PERMITTEE, shall have in place an Affirmative. Act.iop/Equal
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Employment Opportunity Policy and shall institute a pla
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leasehold interest in
the AREA is conferred upon PERMITTEt under
the Provisions hereof.
244 r�jttw+ COSTS lL�v'b Ah++t+Cirzfi+
i FEES
In the event that
it becomes necessary for CITY to institute
legal proceedings to
enforce the provisions of this PERMIT+
PERMITTEE shall pay cITYvs court costs and attorneys fees.
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:
CENTRO DE DERECHOS HUMANOS
Corporate Secretary
(Seal)
President
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance Coordinator
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Manuel
Artim Community Center
9010 SA
'Ist Street
Miami,
rlorida 33130
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