HomeMy WebLinkAboutR-90-0642� F
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9/7/90
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
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ISSN A REVOCABLE PERMIT, IN A FORM
ACCEPTABLE TO THE CITY. ATTORNEY, TO
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ASOCIACION DE INGENIVROS CUBANOS, FOR THE USE -
OF 262 SQUARE FEET OF SPACE IN THE MANUEL
ARTIME COM14UNITY CENTER, LOCATED AT 900
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SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID
PLRMITTES TO PAY -AN ANNUAL FEE OF $1 r 179 FOR
THE USE OF THE AREA, IN ACCORDANCE WITH THE
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TERMS AND CONDITIONS CONTAINED IN SAID
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REVOCABLE PERMIT.
"WHEREAS, on September 7, 1990, representatives of the
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ASOCIACION DE INGENIEROS CUBANOS, a Florida nonprofit
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corporation, made a personal appearance before the City
Commission to request use of 262 square feet of space at the
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Manuel Arti.me Community Center, 900 Southwest First Street,
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Miami, Florida; and
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WHEREAS, the City Commission is willing to allow the
ASOCIACION DE INGENIEROS CUBANOS to use the facility through a
revocable permit;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
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OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
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Preamble to this Resolution are hereby adopted by reference
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thereto and incorporated herein as if fully set forth in this
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Section.
Section 2. The City Manager is hereby authorized to
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issue a Revocable Permit, in a form acceptable to the City
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Attorney, to the ASOCIACION DE INGENEIROS CUBANOS, for the use of
262 square feet of space in the Manuel Artime Community Center
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The herein authorization is further subject to compliance
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with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
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applicable City Charter and Code provisions.`'¢
CUY
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herreby "ieauas this revooabia permit (herhinafter referred tcAil
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this "p�IT to ` ACIAOYi�N dRNGENILtOS CVhAN'OS, a ]�io�ride
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nonprofit do orationo (hereinafter referred to as the
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for the
"PERMITTER") for the purpose of providing space
administration offit:es of ASOCIACION t E I iOENIEROS 0U13ANOS and
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unifier` the conditions hereinafter set forth, permitting said
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PERMITTEE to use 262 square feet of space of the property located
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at 000 Southwest First Street, ROOM 202, Miami, Florida
(hereinafter referred to as the "AREA"), described in Exhibit 1
which is attached hereto and made a part hereof.
CONDITIONS
2. TIME.:
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
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without cause at any time by delivery of a written notice of
revocation, thirty (30) days prior to revocation.
3. PURPOSE
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The AREA shall be used by the PERMITTEE ` for the purposeof
providing orientation to obtain certification in, professional
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practices in the United States.
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PERMITTEE shall pay for the use of the AREA an anoual fee in
the amount of $1,179, payable in 12 equal monthly installments in
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the amount of `$9825.f
5. Zan APP LiCABLE
PIRMITTEE accepts this PERMIT and hereby acknowledges that
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PERNITTEE's compliance with all laws of the State of. Flori �
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ttfl +R"Y
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� the City of Miami and Dade Cltif"Itjl, rlorfda,
Y 4*rt&iftiftq to the operation and maintenance Of- the Ali,-
`` indiu9i tag; not limited to building codes and �r�ning
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rdstkiotidne, is a Condition of, this PERMIT, and PERMITTSE hail
{ Comply therewith as the same presently exist and as they stay 'bh
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amended hereafter.
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Unless otherwise provided herein, the CITY Shall provide all
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utilities, including but not limited to, electricity, water, gas
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and sewage disposal. Trash and garbage removal shall be at the.
cost of the CITY. PERMITTEE shall be responsible for telephone
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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 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 PERMITTER,
except for reasonable wear and tear.
9. ALTERATIONS BY PERMITTER
_ A. PERMITTEE may not make any alterations, additions,
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partitions or improvements in or to the AREA without
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g the written consent of the City Manager or his,
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designee. All additions, partitions, or improvements
shall become .the 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..
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and is the financial responsibility of PERMITTER.
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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 p
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Otov►itiehs of section 5
hereof: If
any part of the
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-AMA is in Any +say damaged by the removal of such italka
As stated, in subsection
"A" hereof,
said damage shall
be ltepaited by P9 MITTgE
at its sole
cost and exoeftd6.
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Should PERMITTEE fail to
repair any
damaga caused to
the AREA ten (10) days after receipt
of written notice
from CITY directing the
required repairs, CITY shall
cguse 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
-xi
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.
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CO Upon completion of construction, and/or.
improvements, the paid invoices, receipts and other
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such documents shall be submitted to the City Manager.
10. HAjMMBHCE
PERMITTEE shall maintain the AREA in good order and repair
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at all times, and in an attractive, clean and sanitary condition
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during the period of this PERMIT or any extension or renewal
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hereof.
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11. CITY18 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
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inspect the same and for any necessary access to the adjoining
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City property.
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12. RISK OF LOSS
PERMITTEE shall pay on behalf of, defend, indemnify and save
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CITY harmless against all risk of loss, injury
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Mod: -or nature whats"ver to property now or hereafter placad 011
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k fid! or,, nature whatsoever to the contents of such huilding or
improvements made by PEEMITTEE to the stt�udture or structures, or
to any gods, merchandise or to any other property that
r_chattels,
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may - now or hereafter be placed upon the AREA, whether belonging
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to PERMITTEE or others, whether said loss, injury or damage
results from fire, hurricane, rising water or from any other
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_ 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. TNDMWTFTCATTON AND HOLD HARMLESS -
The PERMITTEE shall indemnify and save the City harmless
from any and all claims, liability, losses and causes of actions
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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
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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'
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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.
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B. 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 adversely changed without thirty (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 Attorney's
Office, One Southeast 3rd Avenue, Miami, Florida 33131't
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to rrfmt Certificate of insurance showing the required e6verage
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shalt be, supplied to the property and lease Management Office of
the C1TVInsurance policies required above shall be Lasued by
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doapahies abthorited to do business under the laws of the State,
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with the following qualifications as to management and financial
strength: The company should be rated A as to management, and no
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less that: Class V as to financial strength, in accordance with
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the latest edition of Best's Key Rating Guidepublished by
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Alfred M. Best Company, Inc., Oldwick, New Jersey 08858, pending`
the approvai of the Self Insurance Committee and the Insurance
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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 RZLTNQUTSMMgT
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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
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and tear such relinquishment also being required, upon demand of
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the City Manager, pursuant to the provisions of Section 21
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hereof, or as provided in Section 2 hereof or as may otherwise be
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directed by CITY.'
G,FNERAL CONDITIONS
A. All notices or other communications which may be
given pursuant to this PERMIT shall be delivered in
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writing, b
g y personal service or registered- mail, :and
shall be addressed to CITY and PERMITTEE as follows:
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CITY OF MT MI_ ZBRMITTEE
City Manager Asociaaion de Ingenieros'
41
Attn: Property & Lease Mgmt, Cubanos
City of Miami 900 S.W. .lot Street
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P.O. Box 330708 Miami, Florida 33130
Miami, Florida
Such notice shall be deemed giver: on the day on which ,
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personally served; or, if by mail, on the fifth daft
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:w fitter heindSted or the dateof actual receipts d3
f Whichever in earlier.
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and paragraph headings are for convenient
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{ reftranaa and ere not a :part of this PM%T- ;
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Cb No,waiver of a violation of any provision of this
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PERMIT steal I 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. r k,
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. ADVERTISINiG <<
PERNITTEE 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 aapprovaL 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
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having issued this PERMIT.40
Is. WWQ j9CRTmjNA'T,ON
PERNITTEE shall not discriminate against any -persons. on �
account of race, color, sex, religious creed, ancestry, national. � t
origin, mental or physical handicap, in the use of the AREA. r
9. li►FFTRm,TIY1� ACT10N °
PERMITTEE, shall have in place an Affirmative Act o7 ay
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Employment Opportunity Policy and shall institute a plan for it
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fi AftieVfterit which will require that action be taken to provide
� eta. opportunity in hiring and promoting for woman, minoritien,
,r f)is han id Aped, and Vietnam era veterans. Such plain will {
ncl de a set of positive measures which will be taken to iftsurq
nondiscrimination in the work place as it relates to hiring,. +
firing.. training and promotion. In lieu of such a policy/plan, h
l�LRM1TTEE shall submit a Statement of Assurance indicating that
their operation is in compliance with all relevant Civil Rights
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laws and regulations.
20. H XfWOMEN 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
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businesses/professionals registered/certified with the City of
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'! 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 PERMIT by the City of Miami and updates will be
routinely provided by the City's Office of Minority/Women
-� Business Affairs.
-i{ 21. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
jconditions 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 1
other or further action by CITY.
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22. T
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During the period of this PERMIT, PERMITTEE shall pay any
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and all taxes of whatever nature lawfully levied upon or asses�e+�: �
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against the AREA. -'
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2 3. Zy=rkT CO EIMD BY PERirIIT n`
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=1 The provisions of this PERMIT do not constitute a lease and:
the rights of PERMITTER hereunder are not those of a tenont. Mo
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�S'..'x 14 dY
REVOCABLE PERMIT
4
CITY OF MIAMI
TO
ASOCIACION DE INGENIEROS CUBANOS
FOR THE USE OF 262 SQUARE FEET
I
OF SPACE IN THE
MANUEL ARTIME COMMUNITY CENTER
`
900
SOUTHWEST FIRST STREET, ROOM 202
MIAMI, FLORIDA
_.
Issued
this day of . 1990.
s:
ATTEST:
CITY OF MIAMI, a Municipal`
..
corporation of the State of
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Florida
CITY CLERK
CITY MANAGER
APPROVED. AS TO FORM AND 4c
.
CORRECTNESS:
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+CITY ATTORNEY'
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OF ARM
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4. SEE 3
5 LAW§ APPLICABLE 3'
6. UT 4
7. A552CNMENT OR TRANS
4
FERN
4
0. CONDITION OF AREA
9. ALTERATION BY PERMITTEE 4 -
7
10. MAINTENANCE '-
11. CITY'S RIGHT OF ENTRY 5
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12. RISK OF LASS 5 t
13.
INDEMr
- 14.
INSURl
_ 15.
PEACE]
16.
GENERl
J, 17.
ADVEW..
- 18.
NONDI:
19.
AFFIRI
20.
MINOR:
21.
VIOL IV
22.
TAXES
23.
INTER
24.
COURT
25.
MODIF
EEHIB
CORP00
U
IFICATION
6
NCE
6
UL RELINQUISHMENT
7
L CONDITIONS
7
ISING
8
CRIMINATION
9
ATIVE ACTION
9
TY/WOMEN' BUSINESS UTILIZATION
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9
'IONS
9 "
SST CONFERRED BY PERMIT
10
COSTS AND ATTORNEY'S FEES
10` P?'
:CATIONS
10 '
LATE RESOLUTION
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.uiS��JIJTl�
iditUAS,
the Sward of
Directors of ASOCIACIONDE MINIMS
CUSAN08 d+esiras to obtain
a nevocahle Permit from the CITY OP
MIAMI for use
of 262 square
feet of apace at qoO Southwest First
3;
Street, miami, Florida, and
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WHEREASo the Board of Directors of ASOCIACION DE NGSN18908
CUSIANNOS has examined the terms, conditions and obligations of the
proposed Revocable Permit from the CITY and for use of said
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space; and
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WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
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of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
ASOCIACION DE INGENIEROS CUBANOS, 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 262 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 An
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 _, 19900
p4
ASOCIACION DE INGENIEROS"
,.
CUBANOS
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By:
President
ATTESTS
Corporate Secretary
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