HomeMy WebLinkAboutR-90-0259,1._c~0.--2.54
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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.
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CITY corF~n~~ss~~zv
T~lFET1NG CAF
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LOTION Nu.
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Sec:tian 3. Tl~~is Resolution
imir~ediately upon its adoption.
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shal..l_ become effective
PASSED AND ADOPT};'D this 12th day of. April 1990.
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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
~~ ~~
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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 `_
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.~ =_
_ 12. RISK OF LOSS 5
:~
_ 1:;. INDEMNIFICATION CLAUSE G
°~ 1 ~. INSURANCE 6 -
1S. PEACEFUL SURRENDER 7
:~. GENERAL CONDITIONS H
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~
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
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•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.
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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
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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.
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^>. 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
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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
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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
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~~ *~, 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:
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Corporate Secrr~tary,
B y L/,(.,~ !c~GtfG' ~ ~~~ C ~G~ '. % i f'~ (Sea 1 )
resit 'e'nt
APPROVED AS TO
INSURANCE REQIIiREMENTS:
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insurance ;•lanager
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Manuel Artime Community Center
900 S.W. 1st Street
Miami, Florida 33130
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Mar.u°1 Artime Community Center - _-
- 900 5.~.!, ist Street =-
h1iami, Florida 33130
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900 S.W. 1st Street
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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
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P-ri nt or Type JJame
Ott/est:
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orporate ecr~~tdfy ;t ynature
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Print or type Narne
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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
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