HomeMy WebLinkAboutR-90-0260'0
A RESOLUTION►WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO
LITTLE HAVANA IJEVLLOPMENT AUTHORITY, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE;
OF 1,569 SQUARE ;FEET OF SPACE 1N THE MANUEL
ARTIME; COMf4UNITY CEN`i'ER LOCI#TED AT 970
SOUTHWEST FIRST STREET, MIAMI , FLORIDA, SAID
PE;RMITTEE TO PAY FOR THE USE OF THE; AREA AT
AN ANNUAL FEE OF $7,060.50 IN ACCORDANCE WITH
THE TERMS AND CONDITIONS CONTAINED IN THE
ATTACHED REVOCABLE PERMIT.
EREAS, the Little Havana Development Authority (LHDA), a
ty service agency, has occupied 692 square feet of space,
Manuel Artime Community Center since 1986 under a
le Permit, and has been paying $259.50 monthly for the use
area; and
.EREAS, said permit and extensions thereto have expired;
[EREAS, the LHDA has requested use of an additional 877
feet of available space and is willing to pay an. increased
user zee; and
WHEREAS, the City of Miami is willing to allow the LHDA to
use the facility through a new Revocable Permit with an increased
user tee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISbION OF THE CITY
OF MIAMI, FLORIDA:
Section I. 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 Little Havana Development Authority, in
substantially the attached form, for the use of 1,569 square feet
of space in the Manuel Artime Community Center located at 970
Southwest. First strut, Miami, Florida; said Perinittee sficill pay
L/The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorn`y,
including but not limited to those prescribed by ap
Charter and Code provisions.
`Y CC)I��SS N
MEETING OF
APR 12 1990
RESOLUTION 0�A.4
R A AO&
i
-gin �znn��al fie of $7,tJ 0.5t1 fc�r the �_�se of t)Ie are . inacoordalwe
with the terms and conditions contained in the Revocable Permit.
Section 3. 'Phis Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 12th day of —April 1990.
AVIER L. SUARE' , AYOR
X
ATTE
MA'I HIRAI, ITY CLERK
PREPARED AND APPROVED BY:
A JAN VIA ' LO—
C ,EF AS IS'1I CITY ATTORNEY
APPROVED A5 TO FORM AND
CORRECTNESS:
+J06GEL.ERNANDEZ
TTO NEY
AWL
ATTES r:
REVUCkBLE; PERMIT
No.
ISSUED BY THE
CITY OF 141AIvIi
TO
LITTLE HAVAUA DEVELOPMENT AUTHORITY
FOR THE: USE OF THE:
PROPERTY LOCATED AT
970 SOUTHWEST FIRST STREET, ROOH 409
MIA141, FLORIDA
Issued this day of 1990.
---
APPRUVED ti6 TO FORM tiND
�-ORRECTNESS :
C; i 1' Y "TF Jj . 1- Y
CITY OF MIAMI, a municipal
corporation of the State of
Florida
CITY Mt-H2OAGER '-
LAW DEPT. I.D.# 89-657
902GO
l.(
1.
DESCRIPTION OF AREA
3
2.
TIME:
3
3.
PURPOSE
3
4.
FEE
, 3
5.
LAtiuS APPLICABLE
3
G.
UTILITIES
4
7.
ASSIGNMENT OR TRANSFER
4
8.
CONDITION OF AREA
4
9.
ALTERATION BY PERNITTEE
4
10.
MAINTENANCE
5
11.
CITY'S RIGHT Of ENTRY
5
12.
RISK OF LOaJ
5
13.
INDEMNIFIC:ATION
U
14.
INSURANCE
b
15.
PEACEFUL RELINQUISHMENT
7
lb.
(13iaNERAL CONDITIONS
7
17.
ADVERTISING
t3
18.
NONDISCRIAINATIU(d
9
19.
AFFIRMATIVE; ACTION
9
20.
NINORIiY1WUME:N BUSINESS UTILIZATION
y
�1.
VIOLATIONS
y
22.
TAXE6
y
23.
INTEREST CONEERREU BY PERM. -LT
10
24.
COURT COSTS AND ATTORNLY' S FLES
lU
25.
i4ODI F ICAT IONS
10
90-0260
0
0
REVOC.,AOILF.. Pl R14Ti
I. DESCRIPTION OF AREA
The City of Miami (hereinafter referred to as the "CITY")
iiereby issues this revocable permit (hereinafter referred to is
the "PERMIT") to LITTLE HAVANA DEVELOPMENT AUTHORITY, a Florida
nonprofit corpora.on, (hereinafter referred to as th,2
"PERAITTEE"), for the Purpose of providing space for the
administration offices of LITTLE tiAVENA DEVELOPMENT NT AUTHORITY,
and under the conditions hereinafter set forth, permitting said
PERMITTEE to use 1,569 square feet of space of the property
located at 970 Southwest First Street, Room 409, Miami, Florida
(hereinafter referred to as the "AREA") .
CONDITIONS
2. TIME
This PERMIT shall be valid for a period of two years
commencing on the day of 1990, and
terminating on the day of 1992, as
pr7vide-d beiow. This PERMIT or ;any extensions and renew.11:3
thereof, in addition to the termination which igLy result fruin or
under the provisions of Section 21 hereof, may also be terminate,i
by the City Manager, with or without cause at any time by
d,-�livery of a written notice of revocation, thirty (30) d'Ays
prior to revocation.
. PURPOSE
The iUkEA shall be used temporarily by the PE.2�SI'.['T;sE, as
auministrar ive offices for Li`P'PLE HAVANA DE'VELUPMENT AUTHURI.'Y.
4. FEE
PER,MiTTEE shall pay for the uses of tilt tkR`"A ,:in an
nuA feo in
the amount �7, C60.50 payable in equal mont"IY installments 1.r1 ,_i1c>
:mouth of '588.38.
5. LAWS APPLICABLE
Ptl-'tMiT`IEE iccepts
tilis
PERI',11T .ind
iierk.iby
.icksZowle(ig(�s
that
PC,RA1'11'PEE's
c_onii:)li,znce
with
all i.iws
of the
5t-:1te of
Florid'A'
REWO(:AHLE PE'R14 i_T
1. DESCRIPTION OF AREA
The City of cLMiami (hereinafter rcfer.red to as the "CITY")
riereby issues this revocable permit (her(:inafter referred to as
the "PLRMIT") to LITTLt� HAVANA DEVELOPMENT AUTHORITY, a Florida
nonprofit corporation, (hereinafter referred to as th'2
"PERA IT'rEE', ) , for the purpose of providing space for tile
administration offices of LITTLE tLNVENA DEVELUPP9t:N,r AUTHORITY,
and under the conditions hereinafter set forth, permitting said
PERMITTEE to use 1,569 square feet of space of the property
Located at 970 :.southwest First Street, Room 409, Miami, Florida
(hereinafter referred to as the "AREA") .
CONDITIONS
2. TIME
T'nis PERI.IIT shall
be valid
for a period
of two years
commencing on the
day
of
1990, and
terminating un the
day
of
1992, as
provided below. This
PERIAlT or
any extensions
anti renewals
theraof, in addition to
the termination which riuy
result from or
under the provisions of
Section 21
hereof, may also
be t7rminit (i
by the City Manager,
with or without
cause 3t
any time by
delivery of a written
notice of
revocation, ttzirty
(30) days
pri<,r to revocation.
3. PURPOSE
The AREA shall be used temporarily by the PERMITTZE, -is
,.Uininistra*-ive offices for LITTLE HAVA14A DEVELOPMENT AUTHORITY.
4. FL'E
PLRM.L' T'J.'EE' shall pay for the use of the A."'E' i .:in annual f-�e in
the amount �7,00U.50 payable in motlt,lly installments ill :Ile
::mount of5
5. LAWS APPLICABLE
Pt W4-I TTEL ;iccepta tills Plrt-i'-11'r .,nd tler(:�by acknowledges that
I—ERMiTTEE's compliAnct� with ':11 laws of tiie Sr -ate i_)f Florid','
j 90-0260
urdin_inces of the City (-)t Miami. an(' Dr)Je (,ounty, FI(.-)rid'l,
pertaininy to the operation and maintenance of the APE,A,
including but not "limited to building codes and zoning
restrictions, is a condition of this PL•;RMIT, and PERMITTEE shall
comply therewith as the same presently exist and as they may be
amended hereafter.
q• UTILITIES
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 t%leiphone
charges.
7. NO ASSIGNMENT OR TRANSFER
PERMITTEi, cannot assign or transfer its privilecle of entry
and use granted unto it by this PERMIT.
8. CONDITION OF AREA
PERMITTEE hereby accepts the AREA in 1.ts present condition
and shall maintain it in the same condition, order and repair as
it 1s in at this time, at the cost and expense of the PERMITTEE,
except for re,isonabla wear and tear.
9. ALTERATIONS BY PERMITTEE
A. PLRMITTiEE may not make any alterations, dc3ditions,
partitions or improvements in �or to the A:tE?i without
the written consent of the City Azinag,,r or hi.s
designee. All additions, partitions, or improvements
shall become) the property of CITY -.ind small remain a
p,irt of the hREA dt the expiration of tiais PERMIT. Ttl
cost of renovation of the AREA as to alterations,
additions, partitions or improvements shall be borne by
and is the financial responsibility of PERAIT`1'LE.
!i• PERMITTEE shall Have the right to removes any
movable personal property or fixtures t,iat it places in
or on the AREA. Ail alterations, �4dditions, IDartitic)ris
or improvements must be in conformance with tilt
provisions of :tctlon S Hereof. if any p�7rt of ttl�
i.RLA 15 In Ally W,-Ay dalnijg`cl by the r�in(_)v,il of such item:�
90260
3s :3 In siiUsect i(")r1 ' A " iI-r - tot, sail
b� r�,l,lired by PERMITTEE at its solE� cost ind expense.
oiiould PER,-ii'I'TEE fail to repair any damage caused to
th,-� ARLA ten ( 11--) ) days a f ter rece ipt (-)f wr i tten not ice
from CITY directing the required repairs, CITY shall
cause the AREA to be repaired at the sole cost and
f.xtjense of PERMITTEE. PERMITTEE shall pay CITY the
fall 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. MAINTENANCE
PERMITTEE shall maintain the AREA in good order and repair
at all times, and in an attractive, clean and s initary condition
during the pf.riod of this PERMIT or any extension or renewal
hereof.
11. CITY'S RIGHT OF ENTRY
C.LTY, or piny of its properly designated .gents,
representai:ives, or employc:�:s, shall have the right to ent:,r the
:AREA during all reasonable working hours, to exanine ind/or
inspect t` t., same and for -lily necessary ic:ces:; to the adjoining
City property.
12. RISK OF LOSS
PEit mi'I"PEt: shall pay ran behalf of, def(--nd, indemnify rind !i'lve
CITY ii:irmless ag,iinst j,11
risk Of lass, injury
Or ki<-Im.1ye of
lily
kind or nature whatsoever
to prop3rty now or itereafter
placed
on
-)r within the I'LiKaA and all
risk of loss, injury
or damage- of
-tnv
k,inu or natur,� whutsoevt.r
L(D tht? col►tents of
�3iIcII l)uil,3ing
or
-niJrov<-2mc--ltts by PERAI`t"iEE
to th:.> etLucture
(-)r 5tru�tar�s,
or
90-0260
5
t0 drly gOOOS, Chcltt'e1S, Tile chElrl(Iigc, or tcJ .1ny OLIIer prop—rty t-hat
cn:iy now or hereafter be placed upon the AREA, whether belonging
to PERMITTEE or others, whetlier said loss, in3ury or damage
results from fire, hurricane, rising water or from any other
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. ,
13. INDE14N3FICATION AND HOLD HARMLESS
The PERr4ITTE;E shall indemnify and save the City harmless, to
the extent of the limitations included within Florida Statutes,
Section 768.28, from any and all claims, liability, losses and
causes of actions whicn may arise solely as a result of the
PE.RMIT`I'EE's negligence; however, nothing in this section shall
require the CITY to be indemnified for any liability or claim
arising out of the negligence, performance, or failure of
performance regciired of the CITY.
14. INSURANCE
PERMITTEE shall maintain throughout the period of this
PERf4lT 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 grid
property damage liability. Any other coverage dt!eii(2d
necessary in the course of busiri(ess. The City shall be
an additional named insured on the policy or policies
of insurance.
B. The policy or policies of insurance required shall
be so written tnnt the policy or policies may not be
cancelled or adversely changed without thirty (30) days
idvance written notice to the City of Miami being
delivF2r�2d to the Insurance Manager, City Attorney's
office, brie �outhe:lst 3rd Avenue, ihiami, Florida 33131.
90-0260
1 6
l
" ,
A r rit ;_'ertifi.of Insurance showing the required cc) ver.'lge
shall 1-le supplied to the Property �knd Lease 11,-in,:igement (-)ff..ice of
the CITY. Insurance policies required abovt2 shall be issued by
companies authorized to do business under the laws of the Stag,
with the following qualifications is 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 Best's Key ,Rating Guide,
published by Alfred 0. Best Company, Inc., Uldwick, New Jersey
08858.
In lieu of the purchase of a commercial insurance policy or
policies as required above, the PERMITTEE may satisfy the -
insurance requirement by the establishment and maintenance of a
qualified setf-insurance fund which would provide protections to
the CITY equivalent to those specified in the insurance
requirement. Such alternative arrangements must be approved by
the City of Miami Self insurance and Insurance Committee.
Receipt of any documentation of insurance by the CITY by any of
its representatives which indicates less coverage than required
does not constitute a waiver of the PERMI'rTEE's obligation to
f'jifill tiie insurance requirements herein.
15. PEACEFUL RELINQUISHf4ENT
At t;te expiration of the PERMIT period, PE:RL-11TTLE shall,
without demand, quietly and peaceably relinquish, its use of the
r��EA in as (flood condition as i, is now, except for normal :rear
.n,l tc,-.r such ralinliiishment -Also being r,:�(:luireri, upon den,tLld of
the City 'Imager, pursuant to the provisions of Section ll
nert.of, or its provided in Section 5 hereof or as may ocherwi.se_ be
air,acted by CITY.
i6. GENERAL CONDITIONS
A. All notices or other communications Which may l_)e
given pursuant to this PLK1.11T shall be delivered in
writiny, by personal service or registered mail, and
sh,ill be to CITY and PERj4l'l`1E'E ,i5 follows:
90-0260
7 /�
L3
LA
CITY Ot' A1A141
City Manager
Attn: Property & Lease Mgmt.
City of Miami
P.O. Box 330708
Miami, Florida
PERMITTEE
Little Havana Development
Authority
970 S.W. Ist Street
Miami, Florida
Such notice shall be deemed given on the duty on which
personally served; or, if by mail, on the fifth clay
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 waive-- 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 same may be d,�!er:.ied sever,3b1.�: by
the CITY, and in such event, the r.muining terms ind
conditions of tnis PERIMIT shall remain unmodified and
in full force .and effect.
i7. ADVERTISING
PERMITTES shall not permit. .iny signs or advertising matter
to be - 1..mcc.d either in the interior or upon the exterior of thy:
AREA grounds without having first obtained the approval of the
City Manager or iris designee. CITY res�:rves the right to Nrart
or Mace upon the AREA un appropriate sign indicating C1, y's
h _vir�g issued this Pl•:RmiT.
8 90260
13. NONDISCRIMINATION
PEl?Ml 1 1'Eu shill not discriminate lya inst any persons on
account of race, color, sex, religious cree(i, ancestry, national
origin, ment:-il or physical handicap, in the use of the AREA.
19. AFFIRMATIVE ACTION
PIRMITTEE, 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 (if such a policy/plan,
PERAITTEE s-i.a11 submit a Statement of Assurance indicating that
th4ir operation is in compliance with all relevant Civil Rignts
laws and regulations.
20. MINORITY/WOMEN BUSINESS UTILIZATION
PERMITTEE, shall make every good faith effort to
purchase/contract fifty-one percent (51%) of its annual goods and
services raquirements from Hispanic, Black and vomen
businesses/professionals registered/certified with the City of
Aiami's Office of i•linority/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/Wo;nen
3usiness Affairs.
21. VIOLATIONS
If PERMITrEr; in •iny manner violates the r,�strict.ions and
-onditi.c.-is of tliis PLRMIT, then, and in tlif_ event, i. ar ten (10)
tlays written notice y_Lven to PERMiTTEE by the City iltan.:igt:--r within
wAic11 to ceLise such violation or to correct such deficit�ncies,
,-I'd upon f.:i lur,, (�f PERMiTTt E to do so after such written not ic—,
tins PERNIT is hereby rt>voked iutomitically with(.)jtt t.r;�� rl(.�t3d for
..)ther or further «ction 1)y Ci'ry.
90-0260
n
2
2 2 . TAXES
During the period of this PERMIT, PERMIT`EE, shall pay any
and all taxes of whatever nature lawfully levied upon or assessed
against the AREA.
23. INTEREST CONFERRED BY PERMIT
The provisions of. this PERMIT do not constitute a lease and
the rights of PERMITTEE hereunder are not those of a tenant. No
leasehold interest in the AREA is conferred upon PERMITTEE under
the provisions hereof.
24. COURT 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 C1TY's court costs and urtorney's fees.
25. MODIFICATIONS
'Ahe conditions contained herein shall not be modified unless
said modifications are approved in writing by the City Manager.
IN WITNESS ►vHERSOF, PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has executed the following
by its duly authorized officers, as of this d-ay of
1990.
ATTEST:
�orl�or-It«--secretary
mPPEtvVED AS TO
INSURALiCh: KEQUIREMENTS:
I tisur��.cic`'Coo�d ln�t��r'
PERMITTEE:
LITTLE HAVAi7A 1)EvELUP[• Ewr
AUTHORITY
90-026 0
f
C OK PORATE RE SOLOT I UN
Wti'I REAS, the Board (--)f Uirectors of LITTLE HAVA14A DEVELOPiIC*14t''
AUTHORITY desires to enter into a Revocable Permit with the CITY
OF 'IiAMI for use of 1,509 square feet of space at 970 Southwest
First Street, Miami, Florida; and
WHEREAS, the Board of Directors of LITTLE HAVANA DEVELOPP-IIENT
AUTHORITY has examined the terms, conditions and obligations of
the proposed Revocable Permit with the CITY and for use of said
space; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter_ in accordance with the By --Laws
of the corpor<Ation;
NOW, THEREFORE, BE IT RESOLVED BY THE WARD (OF DIRECTOR-1- OF
Li'rTLE HAVANA DEVE LOPf4ENT AUTHORITY, that the President is horeby
authorized and instructed to enter into a contract in the nam,_ of
and on behalf of this corporation with the CITY for the use of
1,569 square feet of space at 970 Southwest First Street, Miami,
Florida, in accordance with the contract <3ocuments furnished by
uie CITY, and for tine price and upon the terms and payments
contained in the proposed contract submitted by the CITY.
IN 4ITNESS WriEREOF, this day of 1990.
LITTLE HAVANA DEVELOPMENT
AUTHOR i TY
By`----------
Pres lil�nt=
y l'iLJ T
190260
1]
Ll
I
I CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM CAm19
Honorable mayor and Members of
To The City Commission DATE �,' J ��SO VILE
Resolution Authorizing
SUBJECT Issuance of Revocable
Y.-
.—.e Permit for Little =-
Havana Development
Cesar H. Odio 1 Authority
°'' City Manager `. RE=ERENCES
E14CLOSURES
RECOMM NDATION
It is respectfully recommended that the City Commission adopt a
resolution authorizing the issuance of a Revocable Permit to the
Little Havana Development Authority (LHDA) for use of 1,569
square feet in the vlanuel Artime Community Center.
BACKGROUND
The General Services Administration Department, Property and
Lease Management Division has prepared a Revocable Permit to be
issued to LHDA for use of space in the Manuel Artime Community
Center, 970 Southwest First Street, Miami, Florida.
The Little havana Development Authority i.s a community service
agency that has occupied 692 square feet under a Revocable Permit
issued in 1986 which has been renewed .annually. The LHW-i has
requested an additional 877 square feet of available space and is
willing to pay an increased user. fee.
It is recommended that a new Revocable Permit be issued to the
LHDA, increasing the user fee to $7,060.5U annually, representing
the total. 1,569'square: feet at $4.50 per square foot.
Attachmen
-90-0260
11
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members of TO The City Commission DATE E
I-;-.. {9tU`u
Resolution Authorizing
SUBJ[CT Issuance of Revocable =-
-.* Permit for Little —_
Havana Development
�Rort Cesar H. Od10w RErERENGES Authority
City Manager ??
ENCLOSURES
RECOMMENDATION
It is respectfully recommended that the City Commission Adopt a
resolution authorizing the issuance of a Revocable Permit to the
Little Havana Development Authority (LHDA) for use of 1,569
square feet in the Manuel Artime Community Center.
BACKGROUND
The General Services Administration Department, Property and
Lease Management Division has prepared a Revocable Permit to be
issued to LEIDA for use of space in theManuel Artime Community
Center, 970 Southwest First Street, Miami, Florida.
The Tittle Havana Development Authority is a community service
agency that has occupied 692 square feet under a Revocable Permit
issued in 1986 which has been renewed annually. The LHDk has
requested an additional 877 square feet of available space and is
willing to pay an increased user fee.
It is recommended that a new Revocable Permit be issued to the
LHDA, increasing the user fee to $7,060.50 annually, representing
the total 1,569'square feet at $4.50 per square foot.
At. tachmen