HomeMy WebLinkAboutR-90-0796'{ 4F
J-90-691
10/18/90
RESOLUTION NO. 90 r 796
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT
TO THE COCONUT GROVE CHAMBER OF COMMERCE, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE
OF 895.5 SQUARE FEET OF SPACE IN PEACOCK PARK
LOCATED AT 2820 MCFARLANE ROAD, MIAMI,
FLORIDA, WITH PERMITTEE TO PAY FOR THE USE OF
THE AREA AT AN ANNUAL FEE OF $3,600, IN
SUBSTANTIAL ACCORDANCE WITH THE TERMS AND
CONDITIONS CONTAINED IN SAID REVOCABLE
PERMIT.
WHEREAS, the COCONUT GROVE CHAMBER OF COMMERCE (CGCC), a
Florida nonprofit corporation, has occupied 750.5 square feet of
space in Peacock Park since 1985 under an agreement with the
City, and has been paying $100 monthly for the use of that area;
and
WHEREAS, the CGCC has also occupied 145 square feet of space
in Peacock Park since 1985 under a Revocable Permit, and has been
paying $100 yearly for the use of that area; and
WHEREAS, said agreement and permit will both expire in
December, 1990; and
WHEREAS, the City of Miami is willing to allow the CGCC to
use both facilities through a new Revocable Permit combining both
areas previously used, 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
ATTACHMENTS
CONTAINED
issue a Revocable Permitl/, in substantially the attached form,
to the Coconut Grove Chamber of Commerce, for the use of 895.5
square feet of space in Peacock Park located at 2820 McFarlane
Road, Miami, Florida, with Permittee to pay an annual fee of
$3,600, 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.
LXXAVIER L. U REZ, OR
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS: 4JO G NANDEZ
CITY ATTORNEJY
ROD: gmb:4411 4 9
Is
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
TO
COCONUT GROVE CHAMBER OF COMMERCE
FOR THE USE OF 895.5 SQUARE FEET
OF SPACE IN PEACOCK PARK
2820 McFARLANE ROAD
MIAMI, FLORIDA
Issued this
day of ,
1990.
ATTEST:
CITY OF MIAMI,
a municipal
corporation of
the State of
Florida
CITY MANAGER
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
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CONTENTS
1.
DESCRIPTION OF AREA
3
2.
TIME
3
3.
PURPOSE
4
4.
FEE
4
5.
-LAWS APPLICABLE
4
6.
UTILITIES
4
7.
ASSIGNMENT OR TRANSFER
4
8.
CONDITION OF AREA
4
9.
ALTERATION BY PERMITTEE
5
10.
MAINTENANCE
6
11.
CITY'S RIGHT OF ENTRY
6
12.
RISK OF LOSS
6
13.
INDEMNIFICATION
6
14.,
INSURANCE
6-7
15.
PEACEFUL RELINQUISHMENT
8
16.
GENERAL CONDITIONS
8
17.
ADVERTISING
9
18.
NONDISCRIMINATION
9
19.
AFFIRMATIVE ACTION
9
20.
MINORITY/WOMEN BUSINESS UTILIZATION
9
21.
VIOLATIONS
10
22.
TAXES
10
23.
INTEREST CONFERRED BY PERMIT
10
24.
COURT COSTS AND ATTORNEY'S FEES
10
25.
MODIFICATIONS
.10
EXHIBIT 1.
CORPORATE RESOLUTION
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The City of Miami' (hereinafter referred to as the "CITY")
hereby issues this revocable permit (hereinafter referred to as
the "PERMIT") to COCONUT GROVE CHAMBER OF COMMERCE, a Florida
nonprofit corporation, (hereinafter referred to as the
"PERMITTEE"), for the purposes and under the conditions
hereinafter set forth, permitting said PERMITTEE to use 895.5
square feet of space of the property located at 2820 McFarlane
Road, Miami, Florida (hereinafter referred to as the "AREA"),
described in Exhibit 1 which is attached hereto and made a part
hereof.
2. TIML
This PERMIT shall be valid for a period of one year
commencing on the date of issuance. This PERMIT may be extended
for additional one year periods, upon request of the PERMITTEE,
submitted in writing at least one hundred twenty (120) days prior
to the termination date, upon the approval of the City Manager or
his designee and subject to renegotiation. Renewals are subject
to renegotiation of any and all terms of this PERMIT. At the end
of the first year of this PERMIT, and before any renewals are
granted, all costs for the maintenance of Peacock Park and the
electricity consumed in the subject AREA will be calculated for
the purpose of appropriately increasing the PERMITTEE's user fee.
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 AX
3.
5_:'
3. P SE
The AREA shall be used by the PERMITTEE for the purpose of
distributing information regarding tourism, City of Miami
activities, Parks & Recreation events, and to schedule, plan and
supervise activities in the Glass House including recreation, art
shows, cultural and/or educational programs and public meetings.
The facility shall be staffed by PERMITTEE at a minimum, from
9:30 a.m. to 5:00 p.m., Monday through Friday, and 10:00 a.m. to
2:00 p.m. Saturday.
4. FEE
PERMITTEE shall pay for the use of the AREA an annual fee in
the amount of $3,600, payable in 12 equal monthly installments in
the amount of $300.
5. LAWS APPLICABLE
PERMITTEE accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance with all laws of the State of Florida,
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. UTTLTTTES
CITY shall pay for all utilities consumed on the premises as
well as waste collection, if any, excluding telephone.
7. NO ASSIGNMMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
8. CONDITION OFREA
PERMITTEE hereby accepts the AREA An 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.
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90'796
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NA
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g . ALTHRATIONS by pERMITTRE
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
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
the AREA ten (10) days after receipt of written notice
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 na i d i nun i r�ac "o„e; "4 ft"A ..4.16--
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. QITYIS 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 any necessary access to the adjoining
City property.
PERMITTEE shall pay on behalf of, defend, indemnify and save
CITY harmless against all risk of loss, injury or damage of any
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 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. INSUEANCE ,
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
$10000,000 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. Automobile liability insurance covering all owned,
non -owned and hired vehicles used in conjunction with
operations covered by this PERMIT. The policy or
policies of insurance shall cover no less than $100,000
per accident and $300,000 per occurrence for bodily
injury and $25,000 property damage.
C. 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 written notice to the City of Miami being
delivered to the Insurance Manager, Risk Management
Department, 174 E. Flagler St., 7th Floor, Miami,
Florida 33131.
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 must be rated no less than A as to
management, and no less than class V as to financial strength, in
accordance with the latest edition of test's Key Rating Guide,,
published by Alfred M. Best Company, Inc., Oldwick, New Jersey
08858. 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.
9Q 796
1S. PEACEFUL RELINQUISHMENT
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 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:
CITY OF MIAMI PERMITTEE
City Manager Coconut Grove Chamber of
Attn: Property & Lease Mgmt. Commerce
City of Miami Peacock Park
P.O. Box 330708 2820 McFarlane Road
Miami, Florida Miami, Florida 33133
Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day
after being posted 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.
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,
;I paragraphs, sentences, words or phrases shall be deemed
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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.
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
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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. IrINO�./WOMEN BUSINESS UTILIZATION_
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
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will be made available to the PERMITTEE at the time of the
issuance of the PETIT by the City of Miami and updates will be
routinely provided by the City*s Office of Minority/Women
Business Affairs.
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
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. TAXES
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
leasehold interest in the AREA is conferred upon PERMITTEE under
24. _COSTS AND ATTO NEVS FEES
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. MODIF?-CATIONS
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
corporate Secretary
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance Coordinator
PERMITTEE:
COCONUT GROVE CHAMBER Off'
COMMERCE
(Seal)
President
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;rx=nut Grove Cumber of Cc4rte, 12850 Mc arlan4 Rd.:
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WHEREAS, the Board of Directors of COCONUT GROVE CHAMBER OF
COMMERCE desires to obtain a Revocable Permit with the CITY OF
MIAMI for use of 895.50 square feet of space at Peacock Park,
2820 McFarlane Road, Miami, Florida; and
WHEREAS, the Board of Directors of COCONUT GROVE CHAMBER OF
COMMERCE has examined the terms, conditions and obligations of
the proposed Revocable Permit from the CITY 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
COCONUT GROVE CHAMBER OF COMMERCE, 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 895.50 square feet of space at McFarlane Road, 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.
COCONUT GROVE
CHAMBER OF
COMMERCE
By:
President
i
ATTEST:
Corporate Secretary
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90
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members of DATE : AUG i99� FILE
The C
City Commission iJ
SUBJECT : Resolution Authorizing
Issuance of Revocable
Permit for Coconut
Grove Chamber of
FROM : REFERENCES: Commerce
Cesar H. Odio ENCLOSURES:
City Flanagar
RECOMKENDATION
It is respectfully recommended that the City Commission adopt a
resolution authorizing the issuance of a Revocable Permit to. the
Coconut Grove Chamber of Commerce (CGCC) for use of 895.5 square
feet of space in Peacock Park.
BACKGROUND
The General Services Administration Department, Property and
Lease Management Division has prepared a Revocable Permit to be
issued to CGCC for use of space in Peacock Park, 2820 McFarlane
Road, Miami, Florida.
The Coconut Grove Chamber of Commerce is a nonprofit corporation
that has occupied 750.5 square feet of space under a Lease
Agreement issued in 1985, at $100 per month; the CGCC has also
been using 145 square feet of space under a Recovable Permit.
issued in 1985, at $100 per year. Both the lease and the permit
will expire in December, 1990.
It is recommended that a new Revocable Permit be issued to CGCC,
t increasing the user fee to $10,746 annually. This user fee'
represents the total 895.5 square feet of space at $12 per square,
foot.
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