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Home My WebLink AboutR-90-0512RESOLUTION NO. 90— 512_ A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO CATHOLIC COMMUNITY SERVICES, INC., IN SU89TANTIALLY THE ATTACHED FORM, FOR THE USE OF 60 SQUARE FEET OF SPACE IN THE MANUEL ARTIME COMMUNITY CENTER LOCATED AT 000 SOUTHWEST FIRST STREET, MIAMI, FLORIDA; SAID PERMITTEE TO PAY FOR THE USE OF THE AREA AT AN ANNUAL FEE OF $2701 IN SUBSTANTIAL ACCORDANCE %WITH THE TERMS AND CONDITIONS CONTAINED IN SAID REVOCABLE PERMIT. WHEREAS, the CATHOLIC COMMUNITY SERVICES, INC., a Florida nonprofit corporation, has occupied 60 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 CATHOLIC COMMUNITY SERVICES, INC. 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 7r K i t i 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 Permitto the CATHOLIC COMMUNITY SERVICES, INC., in substantially the attached form, for the use of 60 The herein authorization is further subject to compliance with all requirements that may be imposbd by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Crff co ATTACHMENTS � °F { CONTAINED JULo p} Y` square feet of space in the Manuel Artime Community Center located at 900 Southweat First Street, Miami, Florida; said Permittee shall pay an annual fee of $270 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 Jules„ , 1990. " C; z lce_� XAVIER L. U EZ, OR CITY CLERK PREPARED AND APPROVED BY: A. QtlINN 0 ES, -II -I DEPUTY C&W ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A N N t C AQJ:gb:M16 - 2 - z. 92 1 - REVOCABLE PERMIT 'A r NO. ISSUED BY THE CITY OF MIAMI TO CATHOLIC COMMUNITY SERVICES, INC. CLOTHES DISTRIBUTION FOR THE USE OF 60 SQUARE FEET OF SPACE IN THE £— PROPERTY LOCATED AT L 900 SOUTHWEST FIRST STREET, ROOM 203 MIAMI, FLORIDA - - Issued this day of , 1990. -' ATTEST: CITY -OF MIAMI, a municipal{ corporation of the State of Florida CITY CLERK CITY MANAGER _ u t 4 APPROVED AS TO FORM AND CORRECTNESSs CITY ATTORNEY '? i max. 41 fFn 'tiP e 11 DESCRIPTION OF AREA 2. TIME 3. PURPOSE 4. FEE S. LAWS APPLICABLE 6. UTILITIES 7. ASSIGNMENT OR TRANSFER S. CONDITION OF AREA 9. ALTERATION BY PERMITTEE 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 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 UTILIZATION 21. VIOLATIONS 22. TAXES 23. INTEREST CONFERRED BY PERMIT 24. COURT COSTS AND ATTORNEY'S FEES 25. MODIFICATIONS EXHIBIT 1 CORPORATE RESOLUTION 3' 4 K ) Yf F'5 4 � F. 3 — 3 3 fl 3 4 4 4 4 4 5 5 5 6 6 7 7 8 - 9 9 9 9 to 10 10 h 10 x; j f� {. 9M �a 5l 1 1+ C21PTIOR or _Af i The City of Miami (hereinafter referred to as the "CITY'#) hereby issues this revocable permit (hereinafter referred to as the "PERMIT") to CATHOLIC COMMUNITY SERVICES, INC., a Florida nonprofit corporation, (hereinafter referred to as the "PERMITTEE"), for the purposes and under the conditions-- hereinafter set forth, permitting said PERMITTEE to use 60 square feet of space of the property located at 900 Southwest First r'= a Street, Room 203, Miami, Florida (hereinafter referred to as the 5 "AREA"), described in Exhibit 1 which is attached hereto and made a a part hereof. 2. 'TiM. This PERMIT shall be valid for a period of commencing. on the date of issuance. This PERM: 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. PURPpRR The AREA shall be used by the PERMITTEE for the purpose of distributing clothes and shoes to the poor, including and - — I especially to Latin refugees. 4 _ a PERMITTEE shall pay for the use of the AREA an annual fee in L it the amount of $270, payable in 12 equal monthly installments in 5�- the amount of $22.50. ='5. LAWS, AP$LICARLE ' S PERMITTEE accepts this PERMIT and hereby acknowledges that PERMITTEE's compliance with all laws of the State of Florida, 3 ordinances of the City of Miami and Dade Couttty, f'lorida, pertaining to the operation and maintenance of the AREA, including but not limited to building codes and Zoning restrictions, is a condition of this PERMIT, and PgPXITTEE shall comply therewith as the same presently exist and as they may be �T amended hereafter, z— 6. UTTr,TIFTVi.Q >- 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 _ 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, EE "! partitions or improvements in or to the AREA without i! the written consent of the City Manager or his x { designee. All additions, partitions, or improvements II shall become the property of CITY and shall remain -a part of the AREA at the expiration of this PERMIT. The 5- f cost of renovation of the AREA as to alterations, additions, partitions or improvements shall be borne by and is the financial responsibility of PERMITTEE.' �U- B. PERMITTEE shall have the right to remove any (+ movable personal property or fixtures that it places in �F;. } i p. or on the AREA. All alterations, additions, partitions } or improvements must be in conformance with the fi E} provisions of Section 5 hereof. if any part of the N AREA is in any way damaged by the removal of suoh itGXG o,W 4 Y 7 •dad 3'e•w �..Y FVV as stated, in subsection "A" hereof, said damage shall be repaired by PERMITTEE at its sole cost and expense. Should PERMITTER 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 '— cause the AREA to be repaired at the sole cost and expense of PERMITTER. PERMITTEE shall pay CITY the full cost of such repairs within ten (10) days of >4 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 PERMITTER 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, Al 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. $ISR OF LASS Y� PERMITTER 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 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 a G. 90 ` 4, as stated, in subsection "A" hereof, said damage shall r_ be repaired by PMWITTEE 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 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 �'t6= full cost of such repairs within ten (10) days of r 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. XAINTENANCS 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, representatives, or employees, shall have the right to enter the AREA during all reasonable working hours, to examine and/or a inspect the same and for any necessary access to the adjoining City property. 12. DISK OF LASS 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 or within the AREA and all risk of loss, injury or damage of any h kind or nature whatsoever to the contents of such building or improvements made by PERMITTEE to the structure or structures, or F i 90 5,t d 1. to any goods, chattels, merchandise or to any other property that may now or hereafter be placed upon the AREA, whether belonging to PERMITTEE or others, whether said loss, injury or damage results from fire, hurricana, rising water or from any other Ji— cause or other contingency, and whether the 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. �a 13, INbEMNiFICATI®N AND iiCLD NARK55_ 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. tNSURANCE 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 premises operations, bodily injury and property damage liability. Any other coverage deemed necessary in the course of business. The City shall be s: 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 x delivered to the Insurance Manager, City Attorney's Office, One Southeast 3rd Avenue, Miami, Florida 33131. 1.1 7 7777737� Tir A currant C4krtifjO&t9 of insurance showing the required coverage shall be supplied to the Property and Least Management Office of the CITY. Insurance policies required above shall be issued by companies authoriked to do business under the laws of the State, 4V 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 laest s Key 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. _7 15. FUL RPT-TKWTSWmNT 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. QUWAT, CoNnTTTONq 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: r City Managat Catholic Community Attn: Property & Lease Mgmt. Services, Inc. 'City of Miami Room 203 P,O. Box 330708 900 S.W. First Street Miami# Florida Miami, Florida 33130 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 having issued this PERMIT. S �:4�t indicating CITY's Y 1 PERMITTEE shall not discriminate against any parsons on acdount of race, color, sec, religious creed, ancestry, national -" origin, mental or physical handicap, in the use of the AREA. 19. APETINATIVE, ACTION PERMITTEE, shall have in place an Affirmative Action/Equal Y Employment Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide e a2 0 ortunit i hi i d i� iti ,I -pp y n r ng an promot ng for women, minor 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. MINORITY./WOMEN BUSINESS UTILIZATTAN 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 i' conditions of this PERMIT, then, and in the event, after ten (10) �f 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, Y.ryt this PERMIT is hereby revoked automatically without the need for — other or further action by CITY. t 4 7 1 Y 22, TAXIS - During the period of this PERMITt PERMITTEE shall pay any and all taxes of whatever nature lawfully levied upon or assessed against the AREA. 23. b RV E1ZN The provisions of this PERMIT do not constitute a lease and k the rights of PERMITTEE hereunder are not those of a tenant. No leasehold interest in the AREA is conferred upon PERMITTEE under the provisions hareof. 24. COM COSTS AND ATTORNEY'S 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. MODIFICATIOMS 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 z�- i r x { yP, C � 10 j Mf MUEt ANfiIMP. COMMUNITY CENTER g00 SW_rirst Street 4• F l QO Its IVI A,i b A i F, 5 L 4 x s n �y - c e t �w r a, .A t fi 4T u f :j j � t MI�I191111Ii��11111�11R' �� be . E? W CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of The Ci commission FROM : Cesar H. Odic, City Manager DATE : JUL _ 3190 FILE SUBJECT : Resolution Authorizing Issuance of Revocable Permit for Catholic REFERENCES Community Services (Clothes Distribution) ENCLOSURES: TON It is respectfully recommended that the City Commission adopt a resolution authorizing the issuance of a Revocable Permit to the. _ Catholic Community Services, Inc. (for the, clothes distribution program) for use of 60 square feet of space in the Manuel Artiine .. Community Center. b RACKGMUND The General services Administration Department, Property and Lease Management Division has prepared a Revocable Permit to be issued to Catholic Community Services, Inc. for use of space in -; the Manuel Artime Community Center, 900 Southwest First Street', a:}4 Miami; Florida. t4 Catholic Community Services, Inc. is a nonprofit corporation that 1 K —_ has occupied 60 square feet of space under a Revocable PermitT 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 Catholic Community Services, Inc., increasing the user- fee to $270 annually, representing the total 60 square feet of space at per square foot. ." un i %' 1 90 t z •