HomeMy WebLinkAboutR-90-0668o�'d�VrVC17
8/29/90
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904" 668
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT
TO CONFEDERACION DE PROFESIONALES CUBANOS, IN
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SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE
OF 234 SQUARE FEET OF SPACE IN THE MANUEL
ARTIME COMMUNITY CENTER LOCATED AT 900
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SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID
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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
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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
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SEP It "
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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 =
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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.
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REVOCABLE PERMIT
ISSUED BY THE
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_ CITY OF MIAMI
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CONFEDERACION DE PROFESIONALES CUBANOS
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FOR THE USE OF 234 SQUARE FEET
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OF SPACE IN THEwt
PROPERTY LOCATED AT
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9 00 SOUTHWEST FIRST STREET, ROOM 300
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MIAMI, FLORIDA
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i 1990o`
Issued this
day of ,
CITY OF MIAMI# a municipal , T
ATTEST:
of the 8 to te; of
corporation
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CITY MANAGER
CITY CLERK
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APPROVED -AS TO FORM AND
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CORRECTNESSt
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PURPOSE
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LAWS ; APPLICABLE
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UTILIT,IES
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ASSIGNMENT OR TRANSFER
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CONDITION OF AREA
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ALTERATION BY PERM;TTEE
10.
MAINTENANCE
11.
CITY'S RIGHT OF ENTRY
12.
RISK OF LOSS
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13.
INDEMNIFICATION
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14.
INSURANCE.6
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15.
PEACEFUL RELINQUISHMENT
.16.
GENERAL CONDITIONS
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..17.
ADVERTISING
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18.
NONDISCRIMINATION
.19.
AFFIRMATIVE ACTION
20.
MINORITY/WOMEN BUSINESS UTILIZATION
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21.
VIOLATIONS
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10
22.
TAXES
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23..
INTEREST. BY PERMIT
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24.
-CONFERRED
COURT COSTS AND ATTORNEY' S FEES
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25.
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:MODIFICATIONS
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EXHIBIT 1
CORPORATE RESOLUTION
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The city of 14iami (hereinafter referred to as the Oe�r��`
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hereby issued this revocable permit (hereinafter referred a At
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the sPER'IITe) `: to CONFEDERAOION DE PROFESIONAIsS CUBANOS # a
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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
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(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
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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 -
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installments in the amount of $21.94.
5. �$r APPLICABLE
PERMITTEE accepts this PERMIT and hereby acknowieft es that � f
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PERMITTEE s compliance with all haws of the State of Fxorift f
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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
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restridtions, : is a condition of this PUNIT and PERM
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comply therewith as the same presently exist and as they may,
amended hereafter. `t
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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, gaa
and sewage disposal. Trash and garbage removal shall be at fine r
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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'
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designee. All additions, partitions, or improvements e_?
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
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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
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or improvements must be in conformance wi,tb
provisions of Section 5 hereof. if 'any part oV the;;,
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)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 '
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cause the AREA to be repaired at the sole cost and
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expense of PERMITTEE. PERMITTEE shall pay CITY the
full cost of such repairs within ten (10) . days of
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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
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= during the period of this PERMIT or any ex tens ion or ' renewal
hereof.
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�= 11. CITY'S RIGHT OF ENTRY
— CITY, or any of its properly designated agents,
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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.
- 12. RISK OF LASS
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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
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k ind of nay to rig ithht#66var to the eah ten ti of such fid Ir or
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t*t,6V4 dfitV made by PfUHH'TEE to the it true tuto of strue turesy or
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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*
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rasults` from fire# hurricane, rising water or from any 'crfh+�r
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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
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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.
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- 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'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
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the insurance policies required abcitte ahall 'tom fro by
compan lea authorized to do business under the laws of the 8 tate#
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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
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less than class y as to financial strength, in accordance with
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the latest edition of ges t' s Key Rating Ou ids, publ lobed Eby
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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
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obligation to fulfill the insurance requirements herein.
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15. PEACEFUL RELINQUISHMENT
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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
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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
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P.O. Box 33 07 08 Miami, Florida
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- Miami, Florida
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Such notice shall be deemed given on 'the day on which`
personally served; or, if by mail, on the f if th day
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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
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: r�s ive r of a► violation of art
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PERMIT shall constitute a wa Ivor of any subsequent
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-v iola t ion of the gave or any other provision hereof #
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and no waiver shall be effective unless made In ,
writing.
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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
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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
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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
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include a set of positive measures which wadi be taken to insure
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nondiscrimination in the work place as it relates to hiring.''
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itInto train. and proo t ton. in I ieu of su th a
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Mt shall -'submit a Etetisment of Maumee Inds ati ditt
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th@Ir op ration Is in +comps lance with all relevant 0IVIi €tt#4�
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laws and regulations. ,
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PERMITTtEshall make every good faith effort- to
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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
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- the provisions hereof .
24. COURT COSTS AND ATTORb gy o 8 FEES
In the event that it becomes necessary for CITY to instil
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legal proceedings to enforce the prov is ions of this PERMIT,
PERMITTEE shall pay CITY's court costs and attorney#s fees,
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Ttte cbd i t inns contaihed byre its mall nit be a+t if led untsaa µy
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paId modificatiomi.are approved in wrritinS by the City Hanaoa�r
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�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
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Corporate Secretary Pres ent `
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance Coordinator
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Little Havana Community
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Building A
3rd Floor Plan
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WHEREAS,
PROFESIONALES
obligations of
C0ftFOJkAT R#00hM ION
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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
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the Board of Directors of CONFEDERACION
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CUBANOS has examined the terms, conditions
and
the proposed Revocable Permit from the CITY' ff`'
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use of said 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
- of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
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CONFEDERACION DE PROFESIONALES CUBANOS, that' the President is
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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
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_ sought to be obtained from the CITY.
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- IN WITNESS WHEREOF, this day of . 1990:
CONFEDERACION DE PROFESIONALES` t
CUBANOS _5
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By: y
President
ATTEST a ;r
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMbRANDUM
3 TO honorable Mayor and Members of DATE
NO
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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
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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
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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.
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It is recommended that a new Revocable Permit be issued to °the
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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
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square foot,
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*The Confederation de Profesionalea,
the Colegio Sacional,:do,,
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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.
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