HomeMy WebLinkAboutR-90-0016J-90-29
1/3/90
RESOLUTION NO. 90—W 16
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT,
IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
CENTER FOR HEALTH TECHNOLOGIES, INC. FOR THE
USE OF 3,000 SQUARE FEET OF SPACE IN THE
PROPERTY LOCATED AT 1145 N.W. 11 STREET,
MIAMI, FLORIDA, FOR THE PURPOSE OF RESEARCH,
DEVELOPMENT, DESIGN, MANAGEMENT, TRAINING,
AND INCUBATION OF BUSINESSES REGARDING
BIOMEDICAL, BIOTECHNICAL AND MEDICAL
TECHNOLOGY. SAID PERMIT WILL BE FOR A PERIOD
OF ONE YEAR AT AN ANNUAI. USE FEE OF $1.00 IN
ACCORDANCE. WITH THE TERMS AND CONDITIONS
CONTAINED IN THE REVOCABLE PERMIT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to issue a
Revocable Permit, l/in substantially the attached form, to the
CENTER FOR HEALTH TECHNOLOGIES, INC. for the use of 3,000 square
feet of space in the property located at 1145 N.W. 11 Street,
Miami, Florida, for the purpose of research, development, design,
management, training, and incubation of businesses regarding
biomedical, biotechnical and medical technology. Said Revocable
Permit to be for a period of one year at an annual use fee of
$1.00 in accordance with the terms and conditions contained in
the Revocable Permit.
Section 2. This Resolution shall become effective
-immediately upon its adoption.
PASSED AND ADOPTED this llth day of January , 1990.
XAVIER L. SUAREZ, MAYOR,'
7
REVOCABLE PERMIT
NO.
ISSUED BY THE
CITY OF MIAMI
TO
THE CENTER FOR HEALTH TECHNOLOGIES, INC.
FOR THE USE OF THE
PROPERTY LOCATED AT
1145 NORTHWEST 11TH STREET
Issued this
ATTEST:
MIAMI, FLORIDA
day of _, 1990.
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
CITY OF MIAMI, a municipal
corporation of the State of
Florida
CITY MANAGER
2.
TIME
3.
PURPOSE
3
3
4.
FEE
5.
LAWS APPLICABLE
4
4
6.
UTILITIES
7.
ASSIGNMENT OR TRANSFER
4
8.
CONDITION OF AREA
4
9.
ALTERATION BY PERMITTEE
4
10.
MAINTENANCE
5
11.
CITY'S RIGHT OF ENTRY
5
12.
RISK OF LOSS
6
13.
INDEMNIFICATION
6
6
14.
INSURANCE
15.
PEACEFUL RELINQUISHMENT
7
16.
GENERAL CONDITIONS
7
17.
ADV`""TISING
8
18.
NONDISCRIMINATION
9
19.
AFFIRMATIVE ACTION
9
20.
MINORITY/WOMEN BUSINESS UTILIZATION
9
21.
VIOLATIONS
9
22.
TAXES
10
23.
INTEREST CONFERRED BY PERMIT
10
24.
COURT COSTS AND ATTORNEY'S FEES
10
25.
NODIFICATIOIN5
10
V 0
1. DESCR�PTT$Nj QF ARKA
The City of Miami (hereinafter referred to as the "CITY")
hereby issues this revocable permit (hereinafter referred to as
the "PERMIT") to the Center for Health Technologies, Inc., a
Florida nonprofit corporatism, (hereinafter referred to as the
"PERMITTEE"), for the purpose of, and under the conditions
hereinafter set forth, permitting said PERMITTEE to use 3,000
square feet of space of the property located at 1145 N.W. 11
Street, Miami, Florida (hereinafter referred to as the "AREA").
2. TZM
This PERMIT shall be valid for a period of one year
commencing on the 1st day of January, 1990, and terminating on
the 31st day of December, 1990, unless otherwise revoked as
provided below. 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, ninety (90) days
prior to revocation.
3., PiE
The AREA shall be used temporarily by the PERMITTEE, for
research, development, design, ' management, training and
incubation of businesses regarding biomedical, biotechnical and
medical technologies.
r
5 . WX
PERMITTEE accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance with all laws of the State of Florida,
ordinances of the City of Miami and Dade County, Florida,
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 PERMITTEE Khali
comply therewith as the same presently exist and as they may be
amended hereafter.
6. UTTT TT
Unless otherwise provided herein, PERMITTEE shall pay the
pro-rata share of all utilities, including but not limited to,
electricity, water, gas, and sewage disposal on monthly basis.
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. le, VIS TIONS BY PERMITTER
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
designee. All additions, partitions, or improvements
shall become the property of CITY and shall remain a
Part of the AREA at the expiration of'this PERMIT. The
cost of renovation of the AREA as to alterations,
additions, partitions or improvements shall be borne by
or on the AREA. All alterations, additions, partitions
or improvements must be in conformance with the
provisions of Section 5 hereof. if any part of the
AREA is in any damaged by the removal of such items
as stated, in subsection "A" hereof, said damage shall
be repaired by PERMITTEE 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
full 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.
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 RrcHi' OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter the
4
12 . RISK, OF L083
PERMITTER shall 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
PERMITTEE 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 PERMITTEE
or others, whether said loss, injury 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 dtherwise,
and shall keep CITY harmless from all claims and suits growing
out of any such loss, injury or damage.
13. THnEI+QiI f'T D HOLD nAR I RSS
The PERMITTEE 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 which may arise solely as a result of the
PERMITTER°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 required of the CITY.
PERMITTER shall maintain throughout the period of this
PERMIT and through any periods of extensions or renewals, the
following insurance:
A. General liability insurance on a comprehensive
general liability coverage form, or its equivalent,
r1"N
damage liability.
Property insurance
for
fire
and
extended coverages
on a replacement cost
basis
with
80%
coinsurance and any other coverage deemed necessary in
the course of business. 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 that the policy or policies may not be
cancelled or materially 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.
A current Certificate of Insurance showing the required coverage
shall 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 Best's Key Rating Guide,
published by Alfred M. Best Company, Inc., Oldwick., New Jersey.
15. RUCE-FU7• RELIN ISHMM
At the expiration of the PERMIT period, PERNITTEE shall,
f without demand, quietly and peaceably relinquish, its use of the
AREA in as good condition as it is now, except for normal wear
y,
and tear such relinquishment also being required, upon demand of
the City Manager, pursuant to the provisions of Section 21
hereof, or as y
•-� , provided in Section 5 hereof or as may otherwise be
= directed by CITY.
S
16 , GErYE_RAL. CONDTTTONA
C�C2'Y OF MIAMI pERIM TTEE
City Manager The Center for Health
Attn: Property & Lease Mgmt. Technologies
City of Miami c/o Lawrence D. Bobo
P.O. Box 330708 Secretary/Treasurer
Miami, Florida 1145 N.W. 11 Street
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, 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. AUMTZ9
PERMITTEE shall not permit any signs or advertising matter
to be n1aced Pi thAr in tha i ntari nr nr i3nnn *-ha sav+nri car nr +�hfe
is. KIIAN
PERMITTEE shall not discriminate against any persons on
account of race, color, sex, religious creed, ancestry, national
origin, mental or physical handicap, in the use of the AREA.
19. AF EIrRMATIVS ACTION .
PERMITTEE, 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,
PERMITTEE shall submit a Statement of Assurance indicating that
their operation is in compliance with all relevant Civil Rights
laces and regulations.
20. M1N0Rj`TV,jNQ=M BUSINESS UTILIZATION
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. VIOL&TIQHS
If PERMITTEE in any manner Siolateo the restrictions and
conditions of this PERMIT, then, and in the event, after ten (10)
days written notice given to PERMITTEE by the City Manager within
11
E -
2 2 . T'
During the period of this PERMIT, PERMITTEE shall pay any
and all taxes of whatever nature lawfully levied upon or assessed
against the AREA.
23. lNTERES.TC0 EERRED_ SY 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. jj$'j' COSTS AND AT OMMY 2 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. NO IO FICATIMS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the'City Manager.
Ito 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:
PERMITTEE:
THE CENTER FOR HEALTH
TECHNOLOGIES
(Seal)
Director
Insurance Coordinator
CITY OF MIAMI. FLORIDA c;Am22
INTER-OFFICE MEMORANDUM
To Honorable Mayor and Members of
The City Commissio
FROM Cesar H. Odio
City Manager
RECOIr MENDATION
DATE DEC 2 0 1989 FILE
sua,EcT : Resolution Authorizing
Revocable Permit for
Center for Health
Technologies
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the issuance of a Revocable
Permit to the Center for Health Technologies for the use of 3,000
square feet of space in the property located at 1145 N.W. 11
Street, Miami, Florida.
BACKGROUND
The Property and Lease Management Division of the General
Services Administration has prepared the Revocable permit to be
issued to the Center for Health Technologies. The Center has
requested use of space in the property located at 1145 N.W. 11
St. for a period of one year at an annual use fee of $1.00, for
research, development, design, management and training regarding
biomedical, biotechnical and medical technologies.
Attachments