HomeMy WebLinkAboutR-90-0507ar
J-90-506
i/2/90
RESOLUTION NO . 9 0— 507
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ISSUVA REVOCABLE PERMIT
TO COLEGIO NACIONAL DE ARQUITECTOS, 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 TO PAY FOR THE USE OF THE AREA AT
AN ANNUAL FEE OF $351, IN SUBSTANTIAL
ACCORDANCE WITH THE TERMS AND CONDITIONS
CONTAINED IN SAID REVOCABLE PERMIT.
WHEREAS, the COLEGIO NACIONAL DE ARQUITECTOS, 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 $1.00 yearly for the use of the area;
and
WHEREAS, said permit and extensions thereto have expired;
and
WHEREAS, the City of Miami is willing to allow the COLEGIO
NACIONAL DE ARQUITECTOS to use the facility through a new
Revocable Permit with an increased user fee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in .this
Section.
Section 2.
issue a Revocable
The City Manage
Permit/ to
r is hereby
the COLEGIO
authorized to
NACIONAL DE
ARQUITECTOS, in substantilly the attached form, for the use of
The herein authorization is further subject to compliance
with all requirements that may be impost-d by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
(ATTACHMENTS
CONTAINED
A
C�'Y COtS$IC
NXIT NO OF
JUL is Im
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234 square feet of space in the Manuel Artime Community Center
located at 900 Southwest First Street, Miami, Florida; said
Permittee shall pair an annual fee of $351 for the use of the
area, in substantial accordance with the terms and conditions
contained in said Revocable Permit.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 12th day of _ July , 1990.
ATT
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
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DEPUTY CI VVATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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P"OCA$LE PERMIT
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ISSUED BY THE
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CITY OF MIAMI
TO
COLEGIO NACIONAL DE ARQUITECTOS
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FOR THE USE OF 234 SQUARE FEET
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OF SPACE IN THE
PROPERTY LOCATED AT
ATTEST:
CITY CLERK
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APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
CITY OF MIAMI, a municipal
corporation of the State of
Florida
CITY MANAGER
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PURPOSE
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LAWS APPLICABLE
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UTILITIES
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ASSIGNMENT OR TRANSFER
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CONDITION OF AREA
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ALTERATION BY PERMITTEE
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10.
MAINTENANCE
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11.
CITYIS RIGHT OF ENTRY
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12.
RISK OF LOSS
5
13.
INDEMNIFICATION
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14.
INSURANCE
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15.
PEACEFUL RELINQUISHMENT
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16.
GENERAL CONDITIONS
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17.
ADVERTISING
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18.
NONDISCRIMINATION
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19.
AFFIRMATIVE ACTION •—
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20.
MINORITY/WOMEN BUSINESS UTILIZATION
9
21.
VIOLATIONS
9
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22.
TAXES
10
23.
INTEREST CONFERRED BY PERMIT
10
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24.
COURT COSTS AND ATTORNEY'S FEES
10
25.
MODIFICATIONS
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EXHIBIT 1
CORPORATE RESOLUTION
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The City of Miami (hereinafter (referred to as the "CITY")
hereby issued this revocable permit (hereinafter referred to an
the "PERMIT") to COLEGIO NACIONAL DE ARQUITECTOS, a Florida
nonprofit dorporation, (hereinafter referred to as the
"PERMITTER"), for the purpose of providing space for the
administration offices of COLEGIO NACIONAL DE ARQUITECTOS and
under the conditions hereinafter set forth, permitting said
PERMITTER to use 234 square feet of space of the property located
at 900 Southwest First Street, Room 300, Miami, Florida
(hereinafter referred to as the "AREA"), described in Exhibit 1
which is attached hereto and made a part hereof.
2. TIMR_
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
revocation, thirty (30) days prior to revocation.
3. EURPO$E.
The AREA shall be used by the PERMITTER for the purpose of
providing orientation to obtain certification in professional
practices in the United States.
4. E
PERMITTEE shall share the use of the AREA with two other,
separate organizations and shall pay one-third of the $1,053
annual fee. PERMITTER shall pay for the use of the AREA an
annual fee in the amount $351 payable in 12 equal monthly
installments in the amount of $29.25.
5, Las AhPL.TGA IS .
PERMITTER accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance with all laws of the State of Florida,
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Ordinances of the City of Miami and Dade County, Florida,
pertaining to the operation and maintenance of the AMt
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. UTTLTTTrn
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 TRANSFER
PERMITTER 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. ALTERATIONS SY PERMITTER
A. PERMITTER 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 PERMITTER.
B. PERMITTER shall have the right to remove any
movable personal property or fixtures that it places in
or on the AREA. All alterations, additions, partitions
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or improvements must be in conformance with the
provisions of Section a hereof. If any part of t11B
A it is in any way damaged by the removal of such itams
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as stated, in subsection "A" 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
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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 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. CITY�S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
—i 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
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City property.
12. XISK OF LOSS
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PERMITTEE shall pay on behalf of, defend, indemnify and gave
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—f CITY harmless against all risk of loss, injury or damage of any
—r 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 PEN41TTER 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
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claimed negligence of CITY or any of its employees, agents or
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otherwise, and shall keep CITY harmless from all claims and suits
growing out of any such loss, injury or damage.
13. TNQ2MTVT=I0N AND BOLD MARMLESS
The PERMITTEE shall indemnify and save the City harmless
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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
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General liability or its equivalent, on an occurrence
form with a combined single limit of at least $500,000
covering premises operations, bodily injury and-
•i property damage liability. Any other coverage deemed
—'; necessary in the course of business. The City shall be
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named an additional insured on the policy or policies
—� of insurance.
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j 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
advance written notice to the City of Miami being
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Office, One Southeast 3rd Avenue, Miami, Florida 33131.
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A current Certificate of Insurance showing the required coverage
shall be supplied to the property and tease 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 gest's Key Rating Guide.
published by Alfred M. gent 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.
15. PEACEFUL RELIMISHtMENT
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 5 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:
7
City Manager. Colegio Nacional de
Attnt Property & Lease Mgmt. Arquitectos
City of Miami 000 S.W. iat street
P.O. Sox 330708 Miami, Florida
Miami, Florida
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,
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
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.
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PER141TTES shall not discriminate against any persons on -
account of race, color, sec, religious creed, ancestry, national
origin j aental or physical handicap, in the use of the AREA.
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PERMITTEE, shall have in place an Affirmative Action/Equal
Employment Opportunity 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 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. MINORITX.INOMEN BUSINESS UTTT.TZATIOlt,
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
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 without the need for
other or further action by CITY.
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During the period of this PERMIT, PERMITTEE shell pay any
and All taxes of whatever mature lawfully
levied upon or assessed
against the AREA.
23. INTERRST C(lNZ=n EY PE_RNTT
The,provisions of this PERMIT do not
constitute A lease and
the rights of PkRMITTEE hereunder are not
those of a tenant. No
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leasehold interest in the AREA is conferred upon PERMITTEE under
the provisions hereof.`
24. CQMT. COSTS AND ATTORNgy v a 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. MODIFICATIONS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City Manager.
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:
Corporate Secretary
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance Coordinator
PERMITTEE:
COLEGIO NACIONAL DE
ARQUITECTOS
�. Manuel Artime Cowunity Center
900 S.W. 1st Street
�. Miami, Fl nri da 33130
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Little Havana Community Center
Building A
3rd Floor Plan
EXHIBIT I
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
TO: Ronorable Mayor and Members of
The city Commission
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FROM : Cesar H. Odio
City Manager
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DATE : JUL - 3 1990 FILE :
SURACT : Resolution Authorizing
Issuance of Revocable
Permit for Colegio'
REFERENCES Nacional. de Arquitectos
ENCLOSURES:
It is respectfully recommended that the City Commission adopt a
resolution authorizing the issuance of a Revocable Permit to the
Colegio Nacional de Arquitectos (Arquitectos) for use of 234
square feet of space in the Manuel Artime Community Center.
BACKGRQ
The General Services Administration Department, Property and
pease Management Division has prepared a Revocable Permit to be
issued to Arquitectos for use of space in the Manuel Artims
Community Center, 900 Southwest First street, Miami, Florida.
Colegio Racional de Arquitectos is a nonprofit corporation that
has occupied 234 square feet of space under a Revocable Permit
issued in 1986, at $1.00 per year, which has been renewed
annually. Said permit and extensions thereto have expired.
It is recommended that a new Revocable Permit be issued to the
Arquitectos increasing the user fee to *$351 annually,;..
representing the total 234 square feet of space at $4.50 per
square foot.
*The Colegio Racional de Arquitectos, the Colegio Nacional do
Dentistas and the Col,egic Racional de Farmaceuticos share the 234_
square fee of space, therefore, the annual $2,Q53 fee shall be.
divided among the three organizations into three ind v duar-
Payments of $352.
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