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HomeMy WebLinkAboutR-90-0668o�'d�VrVC17 8/29/90 (� V 904" 668 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO CONFEDERACION DE PROFESIONALES CUBANOS, IN rV SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF 234 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 900 AF SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID z PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE OF $263.25, IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT, SUCH FEE {. BEING AN AMOUNT EQUAL TO THE FEE TO BE CHARGED EACH OF THREE SIMILAR ORGANIZATIONS SHARING SAID SPACE; NAMELYs COLEGIO NACIONAL DE ARQUITECTOS, COLEGIO NACIONAL DE DENTISTASr AND COLEGIO NACIONAL DE FARMACEUTICOS; WITH THE CITY MANAGER BEING INSTRUCTED TO REDUCE THE PREVIOUSLY IMPOSED PERMIT FEE TO BE PAID BY EACH OF SUCH OTHER ORGANIZATIONS TO REFLECT THE ABOVE AMOUNT. _ WHEREAS, the CONFEDERACION DE PROFESIONALES CUBANOS, a Florida nonprofit corporation, has occupied 234 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 CONFEDERACION DE PROFESIONALES CUBANOS to use the facility through a new Revocable Permit with an increased user permit 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 ATTACHMENTSi, CONTAINED co ., Z"lI+TG 0j SEP It " NNUM ft S { issue a Revocable ermitI� to the CONPEDSAAC10N DR PR BI ALIS - COMMS, in substantially the attached form, for the use of 234 square feet of space in the Manuel Artime Community Center located at 900 Southwest First Street, Miami, Florida; said permittee shell pay an annual fee of $263.25 for the use of the area in accordance with the terms and conditions contained in r said Revocable Permit, such fee be ing an amount equal to the fee to be charged each of three similar organizations sharing said = R� space; namely3 Colegio Nacional de Arquitectos (Resolution No. a 90-507), Colegio Nacional de Dentistas (Resolution No. 90-508)1 and Colegio Nacional.deFarmaceuticos (Resolution No. 90-509); with the City Manager being authorized to reduce the previously imposed permit fee to be paid by each of such other organizations to reflect the above amount. Section 3. This Resolution shall become effective immediately upon its adoption. ff•1 T _ g - _ w ! :r 7 REVOCABLE PERMIT ISSUED BY THE fa5 x a� o - _ CITY OF MIAMI j* TOt a ;Eat CONFEDERACION DE PROFESIONALES CUBANOS ;k FOR THE USE OF 234 SQUARE FEET - OF SPACE IN THEwt PROPERTY LOCATED AT ` 9 00 SOUTHWEST FIRST STREET, ROOM 300 1 • r �- i MIAMI, FLORIDA k i 1990o` Issued this day of , CITY OF MIAMI# a municipal , T ATTEST: of the 8 to te; of corporation Florida rw .fir CITY MANAGER CITY CLERK r } {� r APPROVED -AS TO FORM AND t _ CORRECTNESSt � y4 CIT A QRNE } S _ - �£- t r 0i n. `te pd L ak 5yyy�, xg77c �y ;+ }� W O ARRA - w, h Z .49 k Z t PURPOSE r 1 µ 5, LAWS ; APPLICABLE � .. UTILIT,IES 4�' 7.. ASSIGNMENT OR TRANSFER 8. CONDITION OF AREA r 4 4 9'. ALTERATION BY PERM;TTEE 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12. RISK OF LOSS 6 13. INDEMNIFICATION - 14. INSURANCE.6 7 - 15. PEACEFUL RELINQUISHMENT .16. GENERAL CONDITIONS S ..17. ADVERTISING 9 18. NONDISCRIMINATION .19. AFFIRMATIVE ACTION 20. MINORITY/WOMEN BUSINESS UTILIZATION 9 21. VIOLATIONS Y 10 22. TAXES - 23.. INTEREST. BY PERMIT 10 24. -CONFERRED COURT COSTS AND ATTORNEY' S FEES 0 - 25. - :MODIFICATIONS 10 i EXHIBIT 1 CORPORATE RESOLUTION 3: A 4T��K tyyyyM"4 ' f 49 ppyyj/�� �t t l 2 Al, 041 r _ .z The city of 14iami (hereinafter referred to as the Oe�r��` t= hereby issued this revocable permit (hereinafter referred a At _ . the sPER'IITe) `: to CONFEDERAOION DE PROFESIONAIsS CUBANOS # a 1 Plorida Nonprofit corporation, (hereinafter referred to as the "PERMITTEBO)► for the purpose of providing space for the' administration offices of CONFEDERACION DE PROPESIONALES OU'BAH6§' and under the conditions hereinafter set forth, permitting,' said: PERMITTEE to use 234 square feet of space of the property located at 500 Southwest First Street, Room 300, Miami, Florida k, (hereinafter referred to as the "AREA"), described in Exhibit 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_ - hereof, may, also be terminated by the City Manager, with or without cause at any time by delivery of a written notice of a- revocation, thirty (30) days prior to revocation. - - 3. PURPOSE The AREA shall be used by the PERMITTEE for the purpose of rr providing information to Cuban professionals residing outside of Cuba, and maintaining contact with all members. s - i 5 4; PERMITTEE shall share the use of the AREA with three other separate organizations and shall pay one-fourth of the $1..053 y- annual fee. PERMITTEE shall pay for the use of the AREA an <_ annual fee in the amount of $263.25 payable in 12 equal monthly 'g - v� w installments in the amount of $21.94. 5. �$r APPLICABLE PERMITTEE accepts this PERMIT and hereby acknowieft es that � f a PERMITTEE s compliance with all haws of the State of Fxorift f - r 3 Ty l,;va� --war'5�*#"R��f�•�'i�a�5`i'dri4 �" 1 Ord Inattees of, tha City of M laar i and do tVun ty V16i IAA, pertaining, to the operation and matht6hance of the. OW lnclud thq bu t not 1 it i tad to building 00ddee and r restridtions, : is a condition of this PUNIT and PERM . fSk comply therewith as the same presently exist and as they may, amended hereafter. `t s u Unless otherwise provided herein. the CITY shall provide all Wes, utilities, including but not limited to, electricity, .water, gaa and sewage disposal. Trash and garbage removal shall be at fine r t: cos t of the CITY. PERMITTEE shall be responsible' for telephone charges. 7. SO ASSIGNMRNT OR TRANSFER PERMITTEE cannot assign or tra�isfer its privilege of. entry and use granted unto it by this PERMIT. S. 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. 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 3' YA} designee. All additions, partitions, or improvements e_? shall become the property of CITY and- shall remain a. t� part of the AREA at the expiration of this PERMIT • The X cost of renovation of the AREA as to alterations, additions, partitions or improvements shall be borne by. and is the financial responsibility of . PERMITTEE. f 8. PERMITTEE shall have the. right to remove. any movable personal property or fixtures that it places 10, or on the AREA. All alterations, additions, partitions 9 or improvements must be in conformance wi,tb provisions of Section 5 hereof. if 'any part oV the;;, 9 S X1 ram,. )MA fie in any Way damaged by the t*06V ►l Of sut I test � r as atoted, in subsection "A" hereof, said damage shall r be repa fired by MMITTEE at i to ` sale cost and expense. L' Should pEAmiTTEE fail to repair any damage caused to the AM tern (10) days after receipt of written notice from CITY directing the required repairs, CITY shah ' $e cause the AREA to be repaired at the sole cost and tfl: expense of PERMITTEE. PERMITTEE shall pay CITY the full cost of such repairs within ten (10) . days of n rece ip t 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. No tw i the tand ing the above, this PERMIT may be revoked due to PERMITTEE's failure to repa it the AREA as directed w i thou t the necessity of CITY repairing the AREA. C . Upon completion of construction, and/or improvements, the paid invoices, receipts and other F such documents shall be submitted to the City Manager. 10. MAINTENANCE PERMITTEE shall maintain the AREA in good order and repair at all times, and in an attractive, clean and sanitary condition =J = during the period of this PERMIT or any ex tens ion or ' renewal hereof. rye N �= 11. CITY'S RIGHT OF ENTRY — CITY, or any of its properly designated agents, 1g 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 r 4 -- City property. - 12. RISK OF LASS tz .. • Sho°, PERMITTEE shall pay on behalf of, defend, indemnify and save, CITY harmless against all risk of 1pss, injury or damage of any` kind or nature whatsoever to property now or hereafter placod 'tln or 'within the AREA and all risk of lose, injury or damage of a.ay ' S! 3 iq�Y S n ` Nam. ki .iXa k,!t � '4 G rf •' .YT V[ #k >Z' ���rP _ �tF Jr i'"'t�'� rf k ind of nay to rig ithht#66var to the eah ten ti of such fid Ir or �E t*t,6V4 dfitV made by PfUHH'TEE to the it true tuto of strue turesy or -' 'to say 00od i, chattels, erbband iee or to any other property gist may n6w t►r tiereatf ter. be placed upon the AftNA, Whether [7eioft4lfil t MIME' or otherti, wbe thee sa id lose, in jury or-- dam* s ->Y9 x° rasults` from fire# hurricane, rising water or from any 'crfh+�r �m causeor other dontingency# and whether the same be caused t2te' cla imed' hegl igence of CITY or any of its employees, agenu - or oth*erwise, and shall keep CITY harmless from all claims and a' UIts F growing out of any such lose, injury or damage. 13. INDOWIFICATION 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 others coverage deemed necessary in the course of business. The City shall be named an additional insured on the# policy or policies of insurance.y 8 . The policy or policies of insurance required shall be so written that the policy or policies may not be. Ms� - cancelled or adversely changed without thirty (30) days' k advance written notice to the City of Miami being _ z delivered to the Insurance Manager, City Attorney'q Office, One Southeast 3rd Avenue, Miami, Florida 33131. A current Certificate of Insurance showing the required coverage shall be supplied to the Property and Lease Management Off 4ce o . t . - u 6 (yv. M1 {{ 4 .w y the insurance policies required abcitte ahall 'tom fro by compan lea authorized to do business under the laws of the 8 tate# ,. with the follow ing gual if Ioa tione as to management and f inane isi a treng th t The company should be rated A as to mat+agefteht, and 1W ` less than class y as to financial strength, in accordance with Y� the latest edition of ges t' s Key Rating Ou ids, publ lobed Eby U . Fjs _ Alfred M. Best Company, Inc.* Oldwick, New Jersey d8858, 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 PERMITTEL's k obligation to fulfill the insurance requirements herein. - 15. PEACEFUL RELINQUISHMENT = A t th f a ti n of the PERMIT er iod PERMITTEE shall - e exp r o p , • w i thou t 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 rihall be delivered in -Y writing, by personal service or' registered wail, and shall be addressed to CITY and PERMITTEE as follows: CITY OF MIAMI PERMITTEE - City Manager Confederacion de - Attn: Property & Lease Mgmt. Profes ionales Cubanos City of Miami 900 S.W. let Street Y P.O. Box 33 07 08 Miami, Florida =; - Miami, Florida V� Such notice shall be deemed given on 'the day on which` personally served; or, if by mail, on the f if th day x after being posted or the data of actual receiptst" whichever is earlier. B. Title and paragraph headings are for convenient reference and are not a part of this PERMIT. r F' ;C 7 M1 _rxri.3v ygy,.£i : r�s ive r of a► violation of art y prov to toff of . th is'. PERMIT shall constitute a wa Ivor of any subsequent -a -v iola t ion of the gave or any other provision hereof # y and no waiver shall be effective unless made In , writing. f b. Should an rov is ions, y p paragraphs, ssentence 8s words or phrases contained in this PERMIT be -de term ined ` b a court of competent 1 y, p jurisdiction to be Invalids illegal or otherwise unlawful under the law& of the ua. S to to of Florida or the City of Miami, such prov is ions, 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 r conditions of this PERMIT shall remain unmodified and in full force and effect. 17. ADVERTISING 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 t or place upon the AREA an appropriate sign indicating CITY' s ' having issued this PERMIT. 18. NONDISCRIMINATION PERMITTEE shall not discriminate against any persons on account of race, color, sex, religious creeds ancestry, national origin, mental or physical hand icap, in the use of the AREA. 19. APPIRMATIVE ACTION PERMITTEE, shall have in place! an Af firma t ive Action/Equal tA4: Employment Oppor tun i ty Policy and shall institute a plan for Its - 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 wadi be taken to insure n� nondiscrimination in the work place as it relates to hiring.'' 4 � tt FM FT itInto train. and proo t ton. in I ieu of su th a M :. Mt shall -'submit a Etetisment of Maumee Inds ati ditt j th@Ir op ration Is in +comps lance with all relevant 0IVIi €tt#4� R laws and regulations. , m 206Rt"'tttt3Vi1� [fi'It,Li�3t1t PERMITTtEshall make every good faith effort- to Y purchase/contract fifty-one percent (51%) of its annual goods aed services . requirements from Hispanic, Black and rotten bus Ines see /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. VIOLATIONS 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 w i thou t 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', undeir r' - the provisions hereof . 24. COURT COSTS AND ATTORb gy o 8 FEES In the event that it becomes necessary for CITY to instil T° legal proceedings to enforce the prov is ions of this PERMIT, PERMITTEE shall pay CITY's court costs and attorney#s fees, e, k h Ttte cbd i t inns contaihed byre its mall nit be a+t if led untsaa µy f... ry paId modificatiomi.are approved in wrritinS by the City Hanaoa�r sm �CIC1�C�iVLEbO�tP�1T ` iN wIpNES5 WHEREOF, MMITTEE hag hereunto C&U86d Ravoca'ble Permit to be applied for and has executed the followll by its duly authorised officers, as of th is �, ciao of 1990. ATTEST: PERMITTEE t of CONPEDERACION bE PROPESIONALES t CUBANOS r j (Seal) {� Corporate Secretary Pres ent ` APPROVED AS TO INSURANCE REQUIREMENTS: Insurance Coordinator t - �yY ,r t h t S - t Y E d# r h. 10 �' — h f t � • t i t k, 1V Little Havana Community Center Building A 3rd Floor Plan < x r n r F sue i"'�R WHEREAS, PROFESIONALES obligations of C0ftFOJkAT R#00hM ION Y E r alb the Board of Directors of CONFEDERACION DE CUBANOS desires to obtain a Revocable Permit IAMI for use of 234 square feet of space at .000` t Street,, Miami, Florida; and 3 the Board of Directors of CONFEDERACION nE # CUBANOS has examined the terms, conditions and the proposed Revocable Permit from the CITY' ff`' Fyn NY y ,. use of said space; and yy 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 r'= CONFEDERACION DE PROFESIONALES 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 234 square feet of space at 900 Sou thwes t First • Street, Miami, Florida, in accordance with the terms and conditions for such use as are imposed by the CITY and for fee for such use, all as contained in the -proposed Revocable Permit t _ sought to be obtained from the CITY. ` z- . - IN WITNESS WHEREOF, this day of . 1990: CONFEDERACION DE PROFESIONALES` t CUBANOS _5 icy By: y President ATTEST a ;r , f t ram' a �t CITY OF MIAMI. FLORIDA INTER -OFFICE MEMbRANDUM 3 TO honorable Mayor and Members of DATE NO : pj'r ' The City Commission niJt7 SUBJECT: Resolution Authorizing I Issuance of Revocable Permit for Confederacion de REFERENCES FROM` Cesar Ei. Olio Profesionales Cubanos City Manager ENCLOSURES ; RBDrATION It is respectfully recommended that the City Commission adopt a resolution authorizing the issuance of a Revocable Permit to'the - Confederacion. de .Profesionalea (Confederacion) for use of 234 square feet of space in the Manuel Artime Community Center. BA�CICOROUI�D . . The General Services Administration Department, Property sad Lease: Management*. Division has prepared a Revocable Permit t9. be issued to Confederacion for use of space in the Manuel Artime Community Center* 900 Southwest First Street, Miami, Florida,.'' 4` Confederacion de Profesionalea is a nonprofit corporation -that. 'e -i has occupied 234 square feet of space under a Revocable Fermit issued in 1986, at, $1.00 per year, which has _been renewed - annually. Said permit and extensions thereto have expired. = Utz It is recommended that a new Revocable Permit be issued to °the . increasing the user fee to *$263.25 annually, Confederation n g i th total 234 square feet of space' at $450`�`,:per :` _4 represent ng a .; square foot, F *The Confederation de Profesionalea, the Colegio Sacional,:do,, _ Arquitectos, the Colegio National de Dentistae and "the '' Cohegio vacional ,cis Farmaceeticos share the 234 square fee, off, ace; . 10.{ therefore, the annual $1,053 fee shall be divided amoag tha-ou organizations into four individual payments of $263R25. m L €� m P� D pf 1