HomeMy WebLinkAboutR-90-0509J-90-508
7/3/90
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90- 509
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ISSUE .A REVOCABLE PERMIT
TO COLEGIO NACIONAL DE FARMACEUTICOS, 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
FARMACEUTICOS, 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
F
NACIONAL DE FARMACEUTICOS to use the facility through a new
Revocable Permit with an increased user fee;
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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
issue a Revocable Permit`/ to the COLEGIO NACIONAL DE
FARMACEUTICOS, in substantially the attached form, for the use of
The herein authorization is further subject to compliance II
with all requirements that may be impos d by the City
Attorney, including but not limited to tho a prescribed by
applicable City Charter and Code provisions.
'ATTACHMENTS
CONTAINED
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234 square feet of apace in the Manuel Artime Community Center
located at goo southwest Pirat Street, Miami, Florida; said
Permittee shall pay 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.
CITY CLERK
PREPARED AND "PROVED BY:
A. 56rNN/;*NES, rII
DEPUTY OTY ATTORNEY
APPROVED AS TO PORK AND CORRECTNESS:
JOR(JE L. FEI"ANDEZ
CITY ATTORNE*
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REVOCAEI,E PERMIT
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ISSUED BY THE
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ATTEST:
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
CITY OF MIAMI, a municipal
corporation of the State Of
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CITY MANAGER
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DESCRIPTION or AREA
2.
TIME
3.
PURPOSE:
4.
PER
S.
LAWS APPLICABLE
6.
UTILITIES
7.
ASSIGNMENT OR TRANSFER
8.
CONDITION OF AREA
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9.
ALTERATION BY PERMITTEE
10.
MAINTENANCE
11.
CITY'S RIGHT OF ENTRY
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12.
RISK OF LOSS
13. INDEMNIFICATION
14. INSURANCE
15. PEACEFUL RELINQUISHMENT
16. GENERAL CONDITIONS
17. ADVERTISING
18. NONDISCRIMINATION
19. AFFIRMATIVE ACTION
20. MINORITY/WOMEN BUSINESS UTILIZATIO
21. VIOLATIONS
22. TAXES
23. INTEREST CONFERRED BY PERMIT
24. COURT COSTS AND ATTORNEY'S FEES
25. MODIFICATIONS
EXHIBIT 1
CORPORATE RESOLUTION
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The 0ity of Miami (hereinafter referred to as the "CITY")
hereby issues this revocable permit (hereinafter referred to as
the "PERMIT") to COLEGIO NACIONAL DE FARMACEUTICOS, a Florida
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nonprofit corporation, (hereinafter referred to as the
"PERMITTER"), for the purpose of providing space for the
administration offices of COLEGIO NACIONAL DE FARMACEUTICOS and
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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
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which is attached hereto and made a part hereof.
CONDITIONS
2. TTHE
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.
The AREA shall be used by the PERMITTER for the purpose of
providing orientation to obtain certification in professional
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practices in the United States.
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4. FEE
PERMITTER 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
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annual fee in the amount $351 payable in 12 equal monthly
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installments in the amount of $29.25.�
5. Li►WS APPLIC118LE
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PERMITTER accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance with all laws of the Mate of florid,
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Ordinances of the City of Miami and trade Countyi Plcr day
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pertaining to the 60eration and maintenance of the AM,
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including -but` not limited to building codes and coning
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restrictions, is a Condition of thin PERMIT, and P ITTEt± shall
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comply therewith as the same presently exist and as they, zay be
amended hereafter.
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Unless otherwise provided herein, the CITY shall provide all
- utilities, including but not limited too electricity, water, gas
i and sewage disposal. Trash and garbage removal shall be at the
�1 cost of'the CITY, PERMITTEE shall be responsible for telephone
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 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
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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
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and is the financial responsibility of PERMITTEE.
-` B. 'PERMITTEE shall have the right to remove- any
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movable personal property or fixtures that it places, in
or on the AREA. All alterations, additions, partitions
y or improvements must be in conformance with the
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provisions of Section 5 hereof. If any part of the
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an stinted► in subaeation "A" hereof, said damage shell
be repaired by PERMITTER at its sole cost and expense.
Should PS'Duln"S 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
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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
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. NAZEMENANCE
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. CITYIS RIGHT OF CRY
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.
12. IaTsK OF LASS
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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
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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 PERMITTER to the Structure or Structures, or
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to Wny -goods, chattels, merchandise or to any other propert
MAY now or hereafter be pladed upon the AREA, whether beJ
to PM1TTEE or others, whether said loss, injury or
results from fire, hurricane# rising water or from any
cause or other contingancy, and whether the same be caused
claimed negligence of CITY or any of its employees, age
otherwise, and shall keep CITY harmless from all claims ant
growing out of any such loss, injury or damage.
13. IND$tWJPJCJTIW AND HOLD KuRKLESS
The PERMITTEE shall indemnify and save the City h!
from any and all claims, liability, losses and causes of
which may arise solely as a result of the PERMITTEE's negL
14. INSURANCE
PERMITTEE shall maintain throughout the period o
PERMIT and through any periods of extensions or renewal
following insurance:
A. Commercial General liability, Comprehensi,
General liability or its equivalent, on an occurren+
form with a combined single limit of at least $500,01
covering premises operations, bodily injury a;
property damage liability. Any other coverage deem,
necessary in the course of business. The City shall
named an additional insured on the policy or policy,
of insurance.
B. The policy or policies of insurance required sha
be so written that the policy or policies may not
cancelled or adversely changed without thirty (30) da,
advance written notice to the City of Miami bei
delivered to the Insurance Manager, City Attorney
Office, One Southeast 3rd Avenue, Miami, Florida 3313
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to Wny -goods, chattels, merchandise or to any other propert
MAY now or hereafter be pladed upon the AREA, whether beJ
to PM1TTEE or others, whether said loss, injury or
results from fire, hurricane# rising water or from any
cause or other contingancy, and whether the same be caused
claimed negligence of CITY or any of its employees, age
otherwise, and shall keep CITY harmless from all claims ant
growing out of any such loss, injury or damage.
13. IND$tWJPJCJTIW AND HOLD KuRKLESS
The PERMITTEE shall indemnify and save the City h!
from any and all claims, liability, losses and causes of
which may arise solely as a result of the PERMITTEE's negL
14. INSURANCE
PERMITTEE shall maintain throughout the period o
PERMIT and through any periods of extensions or renewal
following insurance:
A. Commercial General liability, Comprehensi,
General liability or its equivalent, on an occurren+
form with a combined single limit of at least $500,01
covering premises operations, bodily injury a;
property damage liability. Any other coverage deem,
necessary in the course of business. The City shall
named an additional insured on the policy or policy,
of insurance.
B. The policy or policies of insurance required sha
be so written that the policy or policies may not
cancelled or adversely changed without thirty (30) da,
advance written notice to the City of Miami bei
delivered to the Insurance Manager, City Attorney
Office, One Southeast 3rd Avenue, Miami, Florida 3313
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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
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companies
authorized 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 must be rated no less than A as to
management, and no less than class V as to financial strength, in
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accordance with the latest edition of 1}es 's Sol 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.
15. PEACEFUL• RE IMITsi�MFtaT
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. raZHMI. CONDITIONS
A. All notices or other communications which may be
given
q 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: -
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city Manager Colegio Racional de
Attn: Property & Lease mgzt. Farmaceuticos
City 'of Miami 900 s.W. lot Street
P.0, Box 330708 Miami, Florida
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 fifth day
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after being posted or the date of actual receipt,
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whichever is earlier.
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Be 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.
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D. Should any provisions, paragraphs, sentences,
words or phrases contained in this PERMIT be determined
by a court of competent jurisdiction to be invalid,
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illegal or otherwise unlawful under the laws of the
State of Florida or the City of Miami, such provisions,
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paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
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with such laws, and the same may be deemed severable by
the CITY, and in such event, the remaining terms and
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conditions of this PERMIT shall remain unmodified and
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in full force and effect.
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17. ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of they
AREA grounds without having first obtained the approval 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'a
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ty
having issued this PERMIT.
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MWIT IS . -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.
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PMITTEE, shall have in place an Affirmative Action/Equal,�
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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,
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the handicapped, and Vietnam era veterans. Such plan will
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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. 11TN0,RT�M(_ZffOI+II:N 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
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. VIOLKTIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this PERMIT, then, and in the event, after ten (1.0)
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
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other or further action by CITY.
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226
During the period of this PERMIT, PERMITTER shall gray any
and all taxes of whatever nature lawfully levied upon or assessed
against the AREA.
23. 1 �'�!�_ CoNr8=n Jay _ PR 'I
The provisions of this PERMIT do not constitute a lease and
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the rights of PERMITTER hereunder are not those of a tenant. No
leasehold interest in the AREA is conferred upon PERMITTER under
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the provisions hereof.
24. COURT COSTS AND ATTORNEYiS FEES
In the event that it becomes necessary for CITY to institute
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legal proceedings to enforce the provisions of this PERMIT,
PERMITTEE shall pay CITY's court costs and attorney's fees.
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25. MODIFICATIONS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the City Manager.
IN WITNESS WHEREOF, PERMITTER 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:
COLEGIO NACIONAL DE
FARMACEUTICOS
(Seal)
President
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ttle Havana Community Center .
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3rd Floor Plan « � R
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ission adopt a
It is respectfully recommended that the City Commission
resolution authorizing the issuance of a Revocable Permit to the
Colegio Nacional do Farmaceuticos (rarmacouticon) for use of 234
square.feet of space in the Manuel Artime Community Center. _
BKCXGROUND-
Thee General Services 'Administration Department, Property and
Lease Management Division has prepared a Revocable Permit to be
issued, to Farmaceuticos for use of space* in the- Manue1, Artims
Community Center, 900 Southwest First Street,, Miami, Florida.
Colegio Nacional d6 Farmaceuticos is a nonprofit corporation -that
has Occupied 234 square feet of space under a Revo((able 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 now Revocable Permit be issued to the
Farmaceuticos increasing the user fee to *$351 annually,,
representing the total 234 square feet of space at $4.50 per
square foot.
*The do! egio Nacional de Arquitectos,, the Colegio Nacional do
Dentistais and the Colegio Nacional de Farmaceuticos ihare-'the,,234
square fee of space.,, therefore,, the annual $1'053 fee shall.be
divided among the three organizations into three individual
payments of $351.
9-0- 50-9