HomeMy WebLinkAboutR-90-05111/3/90
RESOLUTION NO. 9 a " 5 1
A RESOLUTION, WITH ATTACHMENTr AUTHORISING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT
TO SPANISH AMERICAN LEAGUE AGAINST
DISCRIMINATIONt IN SUBSTANTIALLY THE ATTACHED
FORM, FOR THE USE OF 224 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 $1,008 IN
SUBSTANTIAL, ACCORDANCE WITH THE TERMS AND
CONDITIONS CONTAINED IN SAID REVOCABhE
PERMIT.
WHEREAS, the SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION,
a Florida nonprofit corporation, has occupied 224 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 SPANISH
AMERICAN LEAGUE AGAINST DISCRIMINATION, 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. The City Manager is hereby authorized to
issue a Revocable Permit/ to the SPANISH AMERICAN LEAGUE AGAINST
DISCRIMINATION,in substantially the attached form, for the use of
The herein authorization is further subject to compliance
with all requirements that may be imposrd by the City
Attorney, including but not limited to tho a prescribed by
applicable City Charter and Code provisions.
(ATTACHMENTS
CONTAINED
77
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224 square feet
of apace in the Manuel Artirms Community Center
located at 900
Southwest First Street, Miami, Florida; said
Permittee shall
pay an annual fee of
$1, 008 for the use of the -
area, in substantial
accordance with
R;
the terms and conditions
contained in said
Revocable permit.
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Section 3.
This Resolution
shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this i12th day of
CITY CLERK
PREPARED AND APPROVED.BYt
4 0.1WM r4 7, / I I -MA
y
. Q NN ES, III
DEPUTY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Is Ana
.-FERNANDEZ
CITY
AQJ:gbtM16
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L . SUAJREX ,
90-
1990.
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REVOCABLE
PERMIT
NO.
:4h
ISSUED BY THE
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CITY OF
MIAMI
_
TO
SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION "
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FOR THE USE OF 224 SQUARE FEET wr
OF SPACE IN THE
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PROPERTY LOCATED AT -
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900 SOUTHWEST FIRST STREET, ROOM 201
MIAMI, FLORIDA
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1�EECRITION Off' A � s
3. TIMEr
3. PURPOSE
4. FEE , 3
S. tAWS APPLICABLE 3
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6.
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UTILITIES 4
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7. ASSIGNMENT OR TRANSFER 4 -
_ 8 CONDITION OF AREA 4
9. ALTERATION BY PERMITTEE 4'_
10. MAINTENANCE 5
11. CITY'S RIGHT OF ENTRY 5
5
12. RISK OF LASS
13. INDEMNIFICATION 6
14. INSURANCE 6
15. PEACEFUL RELINQUISHMENT
16. GENERAL CONDITIONS
17. ADVERTISING 8
9
18. NONDISCRIMINATION
;
19. AFFIRMATIVE ACTION 9
-� 20. MINORITY/WOMEN BUSINESS UTILIZATION 9 x=
21. VIOLATIONS 9'
22. TAXES 10
23. INTEREST CONFERRED BY PERMIT 10
24. COURT COSTS AND ATTORNEY'S FEES 10
25. MODIFICATIONS 10
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EXHIBIT 1
CORPORATE RESOLUTION
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Alt.
The City of Miami (hereinafter referred to as the "CITY")
hereby issues this revocable permit (hereinafter referred to ae
the "PERMIT") to SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATICIN,
a Florida nonprofit corporation, (hereinafter referred to as the --
"PERMITTER"), for the purpose of providing space for the -�
administration offices of SPANISH AMERICAN LEAGUE AGAINST
DISCRIMINATION and under the conditions hereinafter set forth, �-
permitting said PERMITTER to use 224 square feet of space of the
property located at 900 Southwest First Street, Room 201, Miami,
Florida (hereinafter referred to as the "AREA"), described in
Exhibit 1 which is attached hereto and made a part hereof.
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
revocation, thirty (30) days prior to revocation.
3. PtMPO,S1R -
The AREA shall be used by the PERMITTER for the purpose of
providing administrative offices to advise the Latin community of
their rights and to investigate discrimination claims at local,
state and federal levels.
4. IML
PERMITTER shall pay for the use of the AREA an annual fee in
the amount of $1,008, payable in 12 equal monthly installments in t`
the amount of $84.00 plus tax.
5. LAWS APpLI�ABLE m
PERMITTER accepts this PERMIT and hereby acknowledges that r_
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PERMITTER's compliance with all laws of the State of Florida,
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Ordinances
of the City of
Miami and 10ade County Florida,
1patta ning
to the operation and Saintenance of the AM*
including
but not limited
to building codes and tuning
-.
restrictions, is a condition
of this PERMIT, and PERMITTEE shall
t
Comply therewith as the sage
presently exist and as they may be
amended hereafter.
4?
Unless
otherwise provided herein, the CITY shall provide all
utilities,
including but not
limited to,'electricity# water, gas
and sewage
disposal. Trash and garbage removal shall be at the
cost of the CITY. PERMITTEE shall be responsible for telephone
charges.
7. No AS$IGHM MT OR TRIUifA"M
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 PFRNITTEE,
except for reasonable wear and tear.
9.
ALTERATIONS BY PF.R TTTWE
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
yh
designee. All additions'
9 partitions, or improvements
shall become the property of CITY and shall remain a
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 improvementsshallbe borne by
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
or improvements must be in conformance with the
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provisions of Section s horear If any part of
AREA is in -any way damaged by the removal of Such it
as Stated, in subsection "A" hereof, said damage ah
be repaired by PIRMITTEE at its Sole cost and exper
Should PERMITTEE fail to repair any damage caused
the AREA ten (10) days after receipt of written not
from CITY directing the required repairs, CITY at
cause the AREA to be repaired at the sole cost
—; expense of PERMITTEE. PERMITTEE shall pay CITY
full cost of such repairs within ten (10) days
-i
receipt of. an invoice indicating the cost of i
required repairs. Failure to pay such invoice shalt
sufficient cause to revoke this PERMIT as provide(
Section 21 below. Notwithstanding the above,
PERMIT may be revoked due to PERMITTEE's failur(
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.
PERMITTEE shall maintain the AREA in good order a
at all times, and in an attractive, clean and sanitary
during the period of this PERMIT or any extension o
hereof.
11. CITYIS S RIGHT OF ENTRY
CITY, or any of its properly designated
representatives, or employees, shall have the right to
AREA during all reasonable working hours, to examt
inspect the same and for any necessary access to the
City property.
12. R18x Of toss
PERMITTEE shall pay on behalf of, defend, indemnif;
CITY harmless against all risk of loss, injury or damage of any
5
,;
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 PERMITUE 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 PERNITTEE or others, whether said loss, injury or damage
results from fire, hurricane, rising water or from any other
cause or other contingency, and whether tfie 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. TNpg, ijT ICATTON AND HOLD HI►; T F$S
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
4 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 premises operations, bodily 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.
B. The policy or policies of insurance required shall
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
delivered to the Insurance Manager, City Attorney's
Office, One Southeast 3rd Avenue, Miami, Florida 33131.
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A current certificate of tnourance showing the required coverage
*hail be supplied to the property and lease 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 $est's Key Rating Guide4
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 RELINQUISHKENT
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,k hereof or as may otherwise be
directed by CITY.
16. GENERAL CONDT'jjQN
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:
777
City manager Lager
Spanish
American league
Attn: Property & Lease
Mgmt. Against
niscrimination
city of Miami
goo S.W.
lot Street
P.O. BOAC 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, sentenceE
words or phrases contained in this PERMIT be determine
by a court of competent jurisdiction to be invalic
illegal or otherwise unlawful under the laws of t)
State of Florida or the City of Miami, such provisions
paragraphs, sentences, words or phrases shall be deems
modified to the extent necessary in order to confo;
with such laws, and the same may be deemed severable i
the CITY, and in such event, the remaining terms a
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. 4
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P21MTTEE shall not diacriminate against any persons on
aedount of race, color, sew, religious creed, ancestry, national
origin, mental or physical handicap, in the use of the AREA.
19. A2233OW11M ACrYaN
PERMITTTEE, 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,
PERMITTER shall submit a Statement of Assurance indicating that
their operation is in compliance with all relevant Civil Rights
laws and regulations.
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 PERMITTER 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 PERMITTER in any manner violates the restrictions and
conditions of this PERMIT, then, and in the event, after ten (10)
days written notice given to PERMITTER 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.
9
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.
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tur hg tha period of this
PERMIT,
PERMITTEE shall pay any
And all takes of whatever stature
lawfully
levied upon or assessed
h_
v
against the AREA.
a�f�ti¢ERR-D_ RY pE-etrtrT
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The provisions of this PERMIT do not constitute a lease anal
the rights of PERMITTEE hereunder are not those of a tenant. No
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leasehold interest in the AREA is conferred upon PERMITTEE under
the provisions heraof.
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24. COURT COSTS AND . ATTA n y 1 S pgns
In the event that it becomes necessary for CITY to institute
—
legal proceedings to enforce the provisions of this PERMIT,
1
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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, 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: PERMITTEE:
{'k
SPANISH AMERICAN LEAGUE
AGAINST DISCRIMINATION
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(Seal)
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Corporate Secretary President
APPROVED AS TO
INSURANCE REQUIREMENTS:
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Insurance Coordinator
YrAA{
I.Y•
to .
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10
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Manuel Artime COMuhity Center
900 S.W+ 1st Street
Miami, Florida 33130
Little Unvana Community Center
.it AAF'IVOK F 1 an
EXHIBIT I
• il1G ri4 4VWL/1aaiV11
SUBJECT : Resolution Authorizing
Issuance of Revocable
Permit for Spanish _
FROM : REFERENCES American League Against
Cesar H. Odio Discrimination
City Manager
ENCLOSURES:
It is respectfully recommended that the City Commission adopt .a
resolution a:Uthoriz-ing the issuance of a Revocable Permit to..the.
Spanish American League Against Discrimination (SALAD) for use .of
224 square feet of space in the Manuel Artims Community Center.
$BCKGB�I�
The General Services Administration Department, Property and
Lease Management Division has prepared a Revocable Permit to .be
issued to SALAD for use of space in the Manuel Artime Community
Center, 900 Southwest First Street, Miami, Florida.
The Spanish American League Against Discrimination is a nonprofit
corporation that has occupied 224 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 SALAD,
-increasing the user fee to $1,008 annually, representing the
total 224 square feet of space at-$4.60 per square foot..