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HomeMy WebLinkAboutR-90-0259,1._c~0.--2.54 f13 /?_h/Q~i r~,~- A RESULUTIUN WITH ATTACHMENT, AUTIIOKIZING 'I'IiE CITY fi•11~NAGER TO ISSUE A .KEVOCABLf I'Eftfi-11T '1'U INS'1'I'1'UTU DE CULTURA HiSPAiJiCA, IN SlJBSTANTIALLY THE ATTACf-iEll FON.hI, FOR THE USE OF 125 SQUARE FEET OF SPACE iN 'I'HE MtiNUEL ARTIME CUMhfUNITY CENTEK LOCATr C) AT 9U0 5OU1'HvdES`I' FiKS'i' ST.?tEET, MIAMI, f''LURTliA, SAID PERMITTEE SHALL PAY FUR THE USE OF THE AKEA AT A MUN7'HLY FEE OF $46. F3~3 IN ACCORDANCE 'r,1I`iH THE `PERMS AND CONDITIONS CONTAINED IN THf; A'1"PACHED REVUC:ABLE PERMJ`P. WHEREAS, t}1e J.nstituto de Cultura Hispanica, a community service agency, has occupied space in the Manual Artime Community Center since 19£36 under a Revocable Permit, and has been paying $1.00 annually for the use of the area; and WHEREAS, said permit and extensions thereto have expired; and WHEREAS, the City of t9iami i.s willing to allow the 7nstituto de Cultura Hispanica to use t}~e facility through a new Revocable Permit with an increased user fee; NOW, THER~:FORE, BE I`P KESOI,VED BY THE COMMISSION OF `1'HE C1TY Ors MIAMI, FLORIDA: Section 1. 'l'he recitals and findings contained in the Preamble to this Resolution are }~ereby adopted by reference thereto and incorporated herein a.s if fully sit forth in this Section. Section 2. The C~.ty Manager is heri:by authorized to issue a Revocable Permitl~ to the :lnstituto de Cultura Hispanica, in substantially the attached form, for the use of 125 square feet of space located in the Manu`1 Artime Community Center located at 900 Sout}Zwest first Street, Miami, Florida, said Permittee~ shall pay a monthly fee of $~}6. t38 for the use of the area in a~~cordance with tlli forms .~rtd conc:3itions contained in said Revocable Permit. i`/`I'Yte h~:rcin authorization is further ~ubjec:t to compliance with all r~yuir~rnents that tray be itt~posed by r_lre City attorney, includlrtg but riot limited to those prc,scribad by applicable City Char tar ~~nci Code provisions. ~~~p CITY corF~n~~ss~~zv T~lFET1NG CAF A~~~~~~ LOTION Nu. ~kKS: Sec:tian 3. Tl~~is Resolution imir~ediately upon its adoption. ~.~,.,~ ~- shal..l_ become effective PASSED AND ADOPT};'D this 12th day of. April 1990. .~ w AVILK L. SUAREL, YOR PK1;PA12ED APdD APPROVED BY: /.~1~~ A JAND VIL 1J0 C IEF ASSIST[ T CI'PY A^t 11^ORNEY APPROVED AS T~~ FURM AND CORktECTNESS ~~~~~ Issued this day of ATTEST: Ci *,y C erk ~.~~2~JVED AS TQ FOP, At A~JD CORRECTNf_SS: Ci t/ Attorney 1984 CITY OF MIA~dI, a municipal Corporation of the State of Florida City ~•lanaycr V-~~~~ ~ETUnt~ll~G FOR FI.1~tTi~r.R REVIEW, PLEASE IDENTIFY t~S ~~ ~~ ` ''', TABLE OF CONTENTS - PAGE -- - 1. DESCRIPTION OF PREMISES 3 ~_- - 7_ . TIME 3 3. PURPOSE ~ = 4. FEE 3 = 5. LAWS APPLICA6LE ~. .3 -- 6. UTILITIES 4 7. ASSI GNr~1ENT OF TRANSFER 4 r3. CONDITION OF PREMISES ~ ~- 9. ALTERATION BY PERMITTEE 4 10. MAINTENAtJCE 5 ~ 11. CiTY'S RIGHT OF ENTRY 5 `_ ~ .~ =_ _ 12. RISK OF LOSS 5 :~ _ 1:;. INDEMNIFICATION CLAUSE G °~ 1 ~. INSURANCE 6 - 1S. PEACEFUL SURRENDER 7 :~. GENERAL CONDITIONS H _~ ~ i7. AOVERTISI'J~ 9 _ 13. NOtlDiSCRIMI"lATiUN 9 - 19. AFFIRMATIVE ACrIOr! REQUIREt~SEiJTS `~ 20, r~INORITY ~IOME!J QUSINESS UTI{_IZATION 9 2i. VIOLATIONS IU 22. TAXES 1t) 23. INTEREST CONFERRED (3Y PERMIT 10 2y. COURT COSTS kND ATTOI<tJEY'S FEES li) ?5. ENTIRE AGREEMENT 10 2 ;. A,IENDMENTS 11 EXHIBIT 1 - i i ~v 'l~rG.~ R~voc~a~E_PERMIT i. DESCRIPTION OF PREMISE5 The City of ~~iami (CITY) hereby issues this Revocable Permit to Inst~ituto de Cultura Nispanica, the (PERMITTEE), fir the purpose and under the conditions hereinafter set forth, permitting said P~RMITTcE to use the Premises described in Exhibit 1 attached hereto and made a part hereof. 2, TIME This Revocable Permit shall be valid for a period commencing on the day of day of 1990 and terminating on the 1991, unless otherwise revoked as pr°ovided below. This Revocable Permit may be extended for additional one year periods upon request of the PERMITTEE, submitted in writi~,g at least one hundred twenty (120) days prior to the termination date, upon the approval of the City Manager or his designee. This Revocable Permit or any extensions and renewals thereof may, in addition to the termination which may result from or under the provisions of Section 19 hereof, may also be terminated by the City Manager, with or without cause, by delivery of a written notice of revocation thirty (30) days prior to revocation. 3. PURPOSE The Premises shall be used for the operation of the PERMITTEE in order to maintain the traditions of the Spanish heritage, PEPMITTEE shall not change or modify such use without tier. prior written consent of the City Manager. 4. FEE The term of this Revocable Permit shall be for a period of one year with payment of a user f'ee in the amount of ;46.83 per month. `,. LA4JS APPLICAE3LE The PERMITTEE accepts this Revocable Permit recogniZiny that ali laws of the State of Florida, Ordinances of the City of tr'~~mi 3 ~~~~~~ ( •and f~,,de bounty. Florida, pertaining to the operation and maintenan ce ,~f thr_ Premises, including but not limited to building codes and zoning restrictions, are made a part. of this Revocable Permit, and the PERMITTEE agrees to amide therewith as the same presently exist and as they may be amended hereafter. 6. UTIL ITIES 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. ASSIG>'JMENT OR TRANSFER l~ithout the express consent of the City Commission, the PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this Revocable Permit. S. CONDITIOW GF PREMISES The PERh1ITTEc hero by accepts the Premises in its present condition and agrees to maintain it in the same condition, order and repair as it is in at this time, except for reasonable wear and tear. 9. ALTERATION BY PERMITTEE A. The PERMITTEE may not make any alterations, addition, partitions or improvements in or to the Premises withcu*, the wr i t ~En consent of the City Ftanager or h i s desi ynee, ,and t`-:~ design of SUCK proposed alterations, additions, partitions o~~ improvements in or to the Premises shall he first submitted to the ~l tv Conmi ;s i on b~for•e or a' the same t i me the City idanag~~ r' •: ~,_•proval i s requested. Al 1 addi ti o~is , partitions , or improvements shat 1 lzecome tl~e property of the CITY anti sha; 1 r~r1a i n a part of ti-e Premises at the expiration of thz s Rev~~cable ~E•rmit and any extensions or renewals hereof. The cost of ren:~vati c,n of the 'remises as to al teratiuns, actdi ~cions, partitions ur improvements shall be borne by and is the `financial resc~on~ih li ty of the ;'ERt•1ITT~:F. ~~~~~ ~? _, - ; E3. The PF{~~~1ITTE1= sh. movable per~nnal property or fixtures that it places nn th~~ Premises. All alterations, additions, partitions or improvements mint be in conformance with the provisions of Section 5 hereof. I f any pert of the Pr~emi ses i s i n any way damaged by tfie remova i of such items as stated, in subsection A hereof, said damage shall be repaired by the PERMITTEE at its sole cos.*, and expense. Should PERMITTEE fail to repair any damage caused to the Premises ten (10) days after receipt of written notice from the f,ITY directing the required repairs. CITY shall cause the Premises to be repaired at the sole cost and expense of the PERMITTEE. PERMITTEE shall pay CITY full cost of such repairs wit}yin 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 the Revocable Permit as provided in Section 19 below. Notwithstanding the abovey the CITY reserves the right to revoke this Revocable Permit for PERMITTEE's failure to repair the Premises as directed without the necessity of the `:iTY repairiny the Premises. 10. MAINTENANCE The PERMITTEE agrees to maintain the interior and exterior of the Premises i n good order ar.d repair at al 1 times, and ; ~~ ~;;~ attractive, clean and sanitary condition during the p~~r•ied of this Revocable Permit or any extension or renewal ~~ereof. 11. CITY'S RIGHT El~JTRY The CITY, or any of its properly designated agents, r•eNres~nt;itivn, or employees, shall have t}7e right to enter said ?remises during all reasonable +~orking hours, Lo examine and/nr inspect the same. ~2. RISK OF LOSS The PERf-tITTEE shall indemnify and save harmless the C:TY a~gai nst all ri sk of 1 oss, injury or damage of any !;i nd ur nnturc~ whatsoever to property now or hereafter placed On ~~r a~i thin said ~Q~~~ 5 C ~.J +Y. Premiss, and all risk of loss, injury or damage rrf •3ny kind pr nature wh.jtsoever to the contents of such huilding or improvement: made by the PERMITTEE to the structure ur s~ructures, or to any goods, chattels, merchandise or to any other property that may ~~ow or hereafter be placed upon said Premises, whether belongi ng to the PERMITTEE or uther:~, whr~tt~er said loss, injury or damage results from fire, hurricane, rising water or from any other cause ar other contingency and wtr~~ther the same be caused by the claimed negligence of the CITY or any of its employees, agents, or otherwise, and to keep harmless Lhe CITY from all claims and suits growing out of any such loss, injury or damage. i?. INDEMt;IFICATION CLAUSE The PERtdITTEE covenants and agrees tf~at i t stral l indemnify, h->>:i y3rmiess, and defend the CITY from and against any and all clair.:s, suits, actions, damages or causes of action arising during the period of this Revocable Permit, and any extensions or renewals hereof, for any personal injury, loss of life or damage to property sustained in or on the Premises, by reason of or as a result of the PEP.t~ITTEE's use or operations thereon, and from ,:nd against any orders, judgments, or decrees which may be enured thereon, and from and against ail costs, attorney's f,>es, expenses and liabilities incurred in and about the defense ~~f any such claim and the investigation thereof. +. ~!dSURANCE ?he PER'~!ITTEE shall maintain throughout the period of thi; ?e•rocable Permit, and any extensions or rr~n2wals hereof, tiro `olluwing insurance: A. General liability insurance on a compretrensive general liability coverage form, or its equivalent, with a combined single limit of at least X500,000 for bodily injury liability and property damage liability. The City shat 1 be an additional named 'nsurr-~1 on r}re policy i~r policies of insurance. i =, -; t~ ~C}.-Q~~~ C7 ~' ^>. Automobile liability insurance covering all owned, non- owned and hired vehicles use+l in conjunction with operations covered by this agreement. The policy or policies of insurance shall contain a combined single limit of at least 5300,000 for bodily injury and property damage. C. 1'he policy or policies of insurance required shall he so written that the policy or policies may not he cancelled or materially changed without sixty .(60) days advance written notice to the City of Miami being delivered to the Insurance Manager, Law Department, 1 S.E. Third Avenue, Suite 1100, Miami, Florida 33131. A current Certificate of Insurance showing the required coverage shall be supplied to the Property & Lease Management Office of the CITY. Insurance policies required above shall be issued by companies authorized to do business under tine 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 marra~~ernent, and no lass that class X as to financial strenyth, in accordance with the latest edition of t?~~si:'s Key Rating Guide, published by Ai fred t•t. Qest Company, Inc. , :'5 Fu) ton Street, tJew York, ':ew York . n 1 i eu of thA purchase of cornmerci al i nsurance pc~l i ~:y ;,r pclicie~ as required above, the PERMIT?~EE may sat;sfy the insurance reryui remc~nt by the establ i shmer.t and ~n~~i ntenance of a qualified self-insurance fund wi~ich would prnvidv protec±iuns to the ~i ty equivalent to those specified i n the i nsuranc.e requiremen*_. S~.rch alternative arrangements must be approved by *.*rr ;,ity of tdiami's Insurance Manager, Law Genartrnent, 1 S.E. "r?i rd ,'venue, Sui to 1100 t•1i ami , Florida, 3313 1 . 1S. PEACEFU! SURRENDER At the expiration of the Revocable Permit period, or any extensions and renewals herFOf, the PERMITTFE shall, without ~~"~~~~ 7 ,~ V ~~ !` ~~ ~~ c,eman~i, ~~~.ri etly an-i p~~acc~-ably rel i nqui h, ;ur•renrler and deli v?t- up posses;i on of the Preini s.~s i n as good condition as i t i s now, except For normal wear and tear such relinquishment, surrender and delivery also being required, upon demand of the City "Manager, pursuant to the provisions of Section 19 hereof, or as provided in Section 2 or as may otherwise hN directed by the CITY. 16. GENERAL CONO?TIONS A. Ail notices or other communications which shall or may be given pursuant to this Revocable Permit shah be in writing and shall be delivered by personal service, or by registered mail addressed to the other parties at the address indicated herein or as the same may be changed from time to time. Such notic? shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or thF~ date of actual receir,t, •,rhichever is earlier. CITY OF MIAMI PERMITTEE City Manager Attn: Property & Lease Mgmt. City of Mi arni P.O, i3ox 330708 Miami, Florida 33133 Instituto de Cultura Hispanics 900 S.W. 1st Street ~ 'l05 Miami, Florida, 33130 Q. Title and paragraph headings are for convenient reference and are not a part of this Revocable Permit. C. In the eve nt of conflict between the terms of *his Revocable Permit and any terms or conditions contained in any attached documents, the terms in this Revocable Permit small rule. D~ '~o waiver or breach of any provi si un of tip i s Revocable ~nrmit shall constitute a waiver of any subsequent breach of the s~~~ne ur any other provision hereof, and nu w,tiv~~r shall br• effQctive unless made in writing. E. Should any provisions, paragraphs, sentences, words ur phrdSeS contained in this Revocable Permit he determined by a court of competent jurisdiction to be invalid, illegal :~r• otherwise unenforceable under the laws of the State of Florida c;r the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to confor^r with such laws, then same shall be deemed severable, and in ether event, the remaining terms and provisions of this Revocable Permit shall remain unmodified and in full force and effect. . 17. ADVERTISING _ _ The PERMITTEE shall not permit any signs or advertising matter to be placed either i n the interior or upon the exte-•i or of the Premises or grounds wi thout tiavi ng first obtai ne~~ the approval of th? Ci ty htanacler or his, designee. The CITY reserves the right to erect or' place upon the premises an appropriate sign indicating the CITY's having issued this Revocable Permit. 18. NONDISCRIh1INATION PERMITTEE shall not discriminate against any persons on account of race, color, sex, religious creed, ancestry, national origin, mental or pr3~sical handicap, in the use of the Premises and the improvements thereon. :°. AFFIRMAT;Y"t ACT=O~! RE.QUIREMEtdTS PERMITTEE shall have in place an Affirmative Action/E~ual Employment Upportuni ty ?ol i cy and shall institute a plan for i t achievement •~+hi ch wi 11 require that action be taken t~~ o~°ovi ~j,~ e~~~al opportuni ty i n hiring and promoting for women, mi n'ori ti es , 'he handicapped, and 'Jietnam era veterans. Such plan will include a set of positive measures which will i>e taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu ~:` such a policy plan, ~E?Mi TTEE steal 1 subrni t a Statement of Assurance indicating that tt~~~.-ir business i s in compliance with all relevant Civil tights 1;~.~s and rF~gulations. 7_Q. MINORITY/WOMEN 3USINESS UTILIZATIOtJ PERMI TTY E, sP~al 1 make every good faith effort to purchase/contract `fifty-one (51.,,~ of its annual ,ood and service; n 2..-- ,~- re~iuir-ement from Nisp~nic, F31ack ~~nd Women t~usinessfpr~ofe~:~ic~n~31 ragist?red/certified with the City of Miami's Office of `iinority/Women Business Affairs. Such lists will be made available to PERMITTEE at the time of the signing of the lease with the City of Miami and updates will be routinely provided by the City's Office of Minority/Women Business Affairs. 21. VIOLATIONS If the PERMITTEE in any manner violates the restrictions and conditions of this Revocable Permit, then, and in that event, after ten (10) days written notice given to the PERMITTEE by the City Manager wi thi n wtii ch to cease such violation or to correc t such deficiencies, and upon failure of the PERMITTEE to so do after such written notice, this Revocable Permit s~~all be revoked automatically without thN need for uther ur further action by the CITY. 22. TAXES During the period of this Revocable Permit, the PERMITTEE shall pay any and all taxes of whatever nature lawfully levied upon or assessed against the Premises. 23. INTEREST CONFEP,RED IiY r'ERMIT Thy provisions of this Revocable Permit do not constitute ~~ lease and the rights of the PERMITTEE hereunder are not those of a tenant. No leasehold interest in the 'remises is conferre(i upon the PER'~1ITTEE under the provisions hereof. ~A. COURT COSTS P.!VD ATTORNEY'S FEES In the event that it becomes necessary for the CITY to institute legal proceedings to enforce Lhe provisions of this Revocable Permit, PERMITTEE agrees to pa.y the CITY's court cos` and attorney's fees. 25. ENTIRE AGREEMENT This instrument and its attachments constitute tine sale ,end only Agreement of the parties hereto relating to said grant and correctly sits furtrt the rights, dutir,s, and obliyatic,n: ~~f each ~~~J~ 1 f) ~~ ~ ~. ~~ *~, the ~~th~~r as of i is d~~te. Any prior agreements, promi srs. negotiations , or r~;~rNsentati one not expressly set forth i n thi ~: Agreement arz of no force or effect. 26. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the PERMITTEE has hereunto caused this Revocable Permit to be applied for and has execut.Qd the following by its duly authorized officers, as of this _ =3 day of ~J,..~~Yyi4~: , i ~~ s 1989 , PERMITTEE: instituto de Cult.ura Hispanica ATTEST: ~~~ ~ i ~~ Corporate Secrr~tary, B y L/,(.,~ !c~GtfG' ~ ~~~ C ~G~ '. % i f'~ (Sea 1 ) resit 'e'nt APPROVED AS TO INSURANCE REQIIiREMENTS: .~ insurance ;•lanager f ~~~~~ it ~, ~~~ FXHIP ii 1 Manuel Artime Community Center 900 S.W. 1st Street Miami, Florida 33130 ,~ : .... ,a T, - . , .. _ ~.._ .... w~= _ _ ~_ r.x~+t~?t~ ~ e Mar.u°1 Artime Community Center - _- - 900 5.~.!, ist Street =- h1iami, Florida 33130 ..___ i --- -~----- ---- ~ ---~ d- _ c ~ ~ ~ .- = _ I O~ `, j -- _ 'z- l _; ~ ~~-t ~~ n ~ ~ ~ rte.- . ,~ ~_- -, . • '`~ _~ -- f ~` M ~` i ~, = i i - t -- `'\ _ ~` a a -- - i ~ _ e = t -= t = ~ _ i _= I -- - I =__ _ 1 ' 1 - - I =~ I a- _ 1 ., ~ t i~• ! :r~:rn.a !:~mrr;unity !'entr~r ~'~'°"~'~ ~~ ~v/1c~i ~ ~~-FlcofLI'!;in ~, ~~ f..Xl~t{'tT 1 ~•?~nuel F~rtime Con,munit_y Center 900 S.W. 1st Street Miami, Florida 331.30 Ck~+ ~ ~ ~ ~~~ r~ ID• i i I I i ,iCtle ii,lvan.3 Cor~mtinity .u11•? ing !1 . ~r~i I'I~~~r Plan ~~~ t i ~ -`-~ ~0--~~~~ _~~~..p yeq,,pr.r-.i_.+F m. 'rw ,,~,+-es ~~...,e••.~~j.-~~ri~f0'r'Fr'~~' -~4-fit, . +~- rw~;dvva~r•:~ ~'# t ~.;~r r ~ ~ ~ ~ ~ ~ ~ ^~ ~ c ~j s ~ c ~ CORPORATE. RES01_liTION 'riNEREAS, the Board of Di motors of Insti tutu de Cul ti.traa Hispanica desires to enter into an Agreement wit`s the Cith of Miami fcr use of the Manuel Artime Community _Center's office space; and WHEREAS, the Board of Oi rectors of Insti tuto de Cul tu--a Hispanica has examined terms, conditions and obligations of the proposed Agreement with the City of Mi ami for use of the Manuel Artime Community Center's office space, WHEREAS, the 3card ~f Directors at a duly held corporate meeting has considered the matter in accordance with the By-Laws of the corporation; "10W, THEREFORE, BE IT RESOLVED BY THE BOAP,D OF DIRECTORS of Instituto de Cultura Hispanica, that the President( ) or Vice- president( ) or Secretary( ) (please check one) is hereby authorized and instructed to enter into a contract in the name of and on behalf of this corporation wi th the f,i ty of Mi ami for the use of the i1anuei Artime Community Center's office space; in accordance with the contract documents furnished by the City of rgiami, and for r,he price and upon the term, -end payme nts contained i r. the proposed contract submi tT.ed by the Ci ty of ?~li ami . I N WI TF~ESS WHEREOF , this day of 1 '? B CHAI i~ttAlJ, ~o~ird of f.'i rectors - ~-- -- Signature _ ; P-ri nt or Type JJame Ott/est: / ~,~~a orporate ecr~~tdfy ;t ynature ~r~+ ,L~C~iC~r.~ .~rr~ Print or type Narne l Sertl ) ~~~~~ FXHIIiIT 1 ~,f~f~-';~~ ~. ~- CITY OF MIAN11. FLORIDA IPITER•OFFICE MEMgRANDUM ro Honorable Mayor and Members of DATE r1r~ ~~ iC!q(1 `~~= The City Commission ''' r~~- ~ SUBJECT Resolution Authorizing _- Issuance of Revocable =_ Permit to Instituto de Cultura RiSpanica .R°t'' Ce sa r H . Od i ~~~~ gEFEREr:cES City Manage r ~ ~~-' EuOLOSURES ~- RECOMMENDATION It is respectfully recommended that the City Commission adopt a resolution authorizing the issuance of a Revocable Permit to the Instituto de Cultura F3ispanica for use of i25 square feet in the =_ Manuel Artime Community Center. ~ BACKGROUND The General Services Administration Department, Property and r,ease Management Division has prepared a Revocable Permit to be issued to the Instituto for use of space in the Manuel Ar.time Community Center, 900 Southwest First Street, Miami, Florida. The Instituto de Cultura Hispanics is a community service agency that has occupied said space under a Revocable Permit issued in 1986 which has been renewed annually. The Instituto has been paying a user fee in the amount of $1.00 per year but, effective November 1S, 1989, has agreed to pay an increased user fee. It is r.ecomrnended that a new Revocable Permit be issued to the Instituto de Cultura Hispanic a, increasing the monthly user fee to $46.88 ($9.50 pe>^ square foot). Attachments ~~~~~