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Home My WebLink AboutR-89-0964J-89-989 R',9"'94 10/17/89 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM,TO THE HERITAGE MORTGAGE CORPORATION, FOR THE USE OF THE PROPERTY LEGALLY DESCRIBED AS LOT 18, BLOCK 32, LAWRENCE ESTATE LAND COMPANY, ALSO KNOWN AS 1325 NORTHWEST 6TH STREET, MIAMI, FLORIDA, SAID PERMIT BEING FOR A PERIOD OF ONE (1) YEAR, AT AN ANNUAL USE FEE OF $5,000 PLUS TAX, 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, in substantially the attached form, to the Heritage Mortgage Corporation, for the use of the property legally described as Lot 18, Block 32, Lawrence Estate Land Company, also known as 1325 Northwest 6-th Street, Miami, Florida, said Revocable Permit being for a period of one (1) year, at an annual use fee of $5,000 plus tax, 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 26th AT' P T MATTY HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: Z CITY ATTO 0 day o XAVIER L. 1/ The her in author za iion is further s b'ect to compliance wit al requirements tiai� may be imposed by the City Attorney as prescribed by applicable City Charter and Code provisions. Octo , 1989. -4-11c-� JJAREZ, MAYOR CITY COMMISSION MEETING OF OCT 26QQ 1989 RESOLUTION No. 'R9— 64 ��Vv%enUu. �oamAA NO. ISSUED BY THE CITY OF MIAMI TO THE HERITAGE MORTGAGE CORPORATION (HEREINAFTER "PERMITTEE") PROPERTY LOCATED AT 1325 N.W. 6TH ST.R£ET Issued this _ \ /} d: / \} { j| ATTEST; f 9l d! — . /} — City Clerk \j j� \ )� APPROVED AS TO FORM AND )} ' CORRECTNESS: \ \� ) 6 . City AttO£ney \ )i \! ��. ! ] _] IN MIAMI, FLORIDA day 0£ I , 1989 CITY OF MIAMI, a municipal Corporation of the State of Florida City Nanag&r---*--'-- w OCT—Ie—e9 WED I GSA /12wkl. qrl P. 02 I REVOCABLE PgRMIT NO ISSUED BY THE ol CITY OF MIAMI TO THE HERITAGE MORTGAGE CORPORATION d (HEREINAFTER "PERMITTEE") li PROPERTY LOCATED AT jl 1325 N.W. 6TH STREET MIAMI, FLORIDA Issued this day of ai ATTEST; 11 city clerk I 1989 -, -t CITY OF MIAMI, a municipal Corporation of the State Of Florida CityyManager oc—r i et-89 LJE Lti t 2 GL r� n t E ; i s F s i `? `4 y rf t' f. ti a ATTEST; U2 REVOCABLE PERMIT NO. ISSUED BY THE CITY OF MIAMI TO THE HERITAGE MORTGAGE CORPORATION (IIEREINAFTER "PERMITTEE" ) PROPERTY LOCATED AT 1.325 N.W. 6TH STREET .TN MIAMI, FLORIDA Issued this __ day of uiuy uierK APPROVED AS TO FORM AND CORRECTNESS; Attorney P . 02 , 1989 CITY OF MIAMI, a municipal Corporation of the State of Florida �' �Ci ty Manager' — —" "� 1�2 CONTENTS 1. DESCRIPTION OF AREA 2. TIME 3. PURPOSE 4. FEE 5. LAWS APPLICABLE 6. UTILITIES 7. ASSIGNMENT OR TRANSFER 8. CONDITION OF AREA 9. ALTERATION BY PERMITT.EE 10. MAINTENANCE 11. CITY�S RIGHT OF ENTRY 12. RISK OF LOSS 13. INDEMNIFICATION 14. INSURANCE 15. PEACEFUL RELINQUISHMENT 16. GENERAL CONDITIONS 17. ADVERTISING le. 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. MODIFICJ,TIONS F . Q 3 PAGE 3 3 3 4 4 4 4 4 5 5 6 6 6 6 7 '7 8 B 9 9 9 9 1Q Q�?-964 I OCT- 1 9—esi WED _ 1 CSA P 04 - REVOCABLE PERMIT — 1. DESCRIPTION OF AREA _ a { The City of Miami (CITY) hereby issues this Revocable Permit i to The Heritage Mortgage Corporation, a Florida not for profit corporation, (hereinafter referred to -as PERMITTES), for the purpose of and under the condition(s) hereinafter set forth, permitting said PERMITTb;E to use vacant space located at 1325 j? N.W. 6th street which is described in Exhibit "A" hereto and - i i made a part hereof. — coNDrrioNs 2. TIME This Revocable Permit shall be valid for a period of one - - ; year commencing on the day of , 1989, and terminating on day of , 1990, unless otherwise revoked as provided below. This Revocable 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, thirty (30) days prior to revocation. 3. PURPOSE The Area shall be used temporarily by the PERMITTEE, whose building is adjacent to the City -owned vacant property, as space for additional parking. 4. FEE PERMITTEE shall pay for the use of the premises a fee in the, amount of $5,000.00 per year, plus tax, payable in twelve (12) equal monthly installments. Fee payment shall commence one month after issuance of this Qermit. 5. LAWS APPL ZCADLE PERMITTEE accepts this Revocable Permit and hereby acknowledges that PERMITTEE'S compliance with all laws of the 9-964 -3- k i ek e 9 W E D 1 4 G A P_ C1'� State of Florida, Ordinances of the City of Miami and Dade i 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 Revocable Permit, and PERMITTEE shall comply therewith as the same presently exist and i . as they may be amended hereafter. j: 6. UTILITIES Unless otherwise provided herein, PERMITTEE shall provide all utilities, including but not limited to, electricity, water, gas, and sewage disposal. 7. NO ASSIGNMENT OR TRANSFER PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this Revocable Permit. 8. CONDITION OF ARBA 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. ALTERATYONS BY PERMITTED; A. PERMITTEE may not make any alterations, additions, partitions or improvements in or to the Area without the -written w• 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 Revocable Permit. The cost of renovation of the Area as to alterations, additions, partitions or improvements shall be borne by and is the financial responsibility of PERMITTEE. B. PERMITTEE shall have the right to remove any movable personal property or fixtures that it places in 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 way damaged by the removal of such items as statetq, in subsection A hereof, said damage shall be repaired by PERMITTEE at its sole cost and expense. Should PERMITTEE fail to R9-964 OCT- i S-99 W ELD CA F . A 6 repair any damage caused to the Area ten (10) clays 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. PERMITTEFshall pay CITY the full cost of such repairs within ten (10) days of reoeipt of an invoice indicating the cost of such required repairs. Failure to pax such invoice shall be sufficient cause to revoke this Permit as provided in Section 21 below. Notwithstanding the above, this Revocable 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 and shall be incorporated herein and attached hereto. 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 Revocable 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 said Area during all reasonable working hours, to examine and/or inspect the same and for any necessary access to the adjoining City property. 12. RISR OF LOSS PERMITTEE 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 said Area, and P9-964 OCT- 1 e*-e9 WED r . 0 1 Adk- 1 r bra WV 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 said Area, whether belonging to PERMi'.TEE 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 otherwise, and shall keep CITY harmless from all clai��s and suits growing out of any such loss, injury or damage. 13. INDEMNIFICATION & HOLD HARMLESS 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 Permittee'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. 14, INSURANCE PERMITTEE shall maintain throughout the period -of this Revocable 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, including premises, operations, and contractual coverages with a combined single limit of at least $1,000,000 for bodily injury liability and property damage liability. CITY shall be an additional named insured on the policy or policies of insurance. B. Automobile liability insurance covering all owned, non -- owned and hired vehicles used in conjunction with operations covered by this Permit. The policy or policies of insurance shall contain a combined limit of at least $300,000 for bodily injury and property damage. Q9•-964, . ............::.: - IF - - C►_ T— 1 ��+=tit WELL 1 S GS►a F kj e — C. The policy or policies of insurance required shall be so written that the policy or policies may not. be canceled or materially changed without thirty (30) days _ r` advance written notice to the City of Miami being delivered to the Insurance Manager, General Services �t Administration Department, 1390 N. W. 20th Street, E Miami, Florida 331.42. A current Certificate of Insurance showing the required coverage shall be supplied to the Property and Lease Management office of i 1 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 that class V as to financial strength, in accordance with the latest edition of sest's Key Rating Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, New York. 15. PEACEFUL RELINQUISHMENT At the expiration of the Revocable 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 req'dired, 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. GENERAL CONDITIONS All notices or other communications which snail or may be given pursuant to this Revocable Permit shall be in writing and shall be delivered by personal service, or by registered mail addressed to CITY and PERMITTEE at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally servedl or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. M-c}6 s OCT- 1 S*-899 WED CITY OF MIAMI City Manager Attn: Property & Lease Mgmt. City of Miami P. O. Box 330708 Miami, Florida U P.fRMITTEF, P _ O a The Heritage Mortgage Corporation Mr. Eric Feinstein, Senior Vice -President 1318 N.W. 7 Street Miami, Florida 33125 B. Title And paragraph headings are for convenient reference and are not a part of this Revocable Permit. C. No waiver of a violation of any provision of this Revocable 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 Revocable 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 ,t by the CITY, and in such event, the remaining terms' and conditions of this Revocable Permit shall remain unmodified and in full force and effect. 17. ADVERTISING PERMITTER shall not permit any signs or advertising matter to be placed either in the interior or upon the exterior of the Area or grounds without having firsti obtained the approval of the City Manager or his designee. CITY reserves the right to erect or place upon the Area an appropriate sign indicating CITY's having issued this Revocable Permit. 18. NONDISCRIMINATION 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. AFpiRMATIVB 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 99-:964- �'►r_.T - i E—FE, WED i r �►'� F 1 _ y equal opportunity in hiring and promoting Car womcn� minorities, the handicapped, and V14?tnam era veterans. Such plan will 1 i 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 suc', a policy/plan, x i PERMITTEE shall submit a Statement of Assurance indicating that r' their operation is in compliance with all relevant Civil Rights laws and regulations. 20. MINORITY OMEN 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 Affair's. 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 susiness Affairs. 21. VIOLATIONS If PERMITTEE in any manner violates the restrictions and conditions of this Revocable Permit, then, and in their event, after ten (10) 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 so do after such written notice, this Revocable Permit is hereby revoked automatically without the need for other or further action by CITY. 22. TAXES During the period of this Revocable Permit, PERMITTEE shall pay any and all taxes of whatever nature lawfully levied upon or ad'sessed against the Area. 23. INTEREST CONFERRED BY PERMIT The provisions of this Revocable 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 Q9-964: : rnC T l•1E Ll 1 41ppip cs ra F PERMITTEE under the provisions hereof. 24. COURT COSTS AND ATTORNEY'S FEES In the event that, it becomes necessary for CITY to institute �r legal proceedings to enforce the provisions of this Revocable Permit, PERMITTEE shall pay CITY's court costs and attorney's fees. — i' - '; y 25. MODIFICATIONS — 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 fallowing by its duly authorized officers, as of this day of — -. ► 1989. — ATTEST: Corporate Secretaryu— APPROVED AS TO INSURANCE REQUIREMENTS: Insurance Coordinator PERMITTEE: THE HERITAGE MQRTGAGE CORPORATION - By—� President —•- -__(Sea I) I ca r T- 1 :a — re s W E n J. r F . 1 :G EXHIBIT "A" Legal Description: Lot 18, Hiock 32, Lawrence Estate Land company, Sub., Plat Book 2, Page 46, Public Records of Dade County, I'lorida. t" ■ r` CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission FROM : Cesar H. Odio City Manager RECOMMENDATION: DATE : ® CT 17 1969 FILE SUalECT : Resolution Authorizing Revocable Permit for Heritage Mortgage Corp. REFERENCES : ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute a Revocable Permit, in substantially the attached form, between the City of Miami and the Heritage Mortgage*Corporation for the use of a vacant city owned lot located at approximately 1325 N.W. Sixth Street for additional parking, at an annual use fee of $5,000 plus tax to be paid on a monthly basis. BACKGROUND: The General Services Administration Department has analyzed the request by the Heritage Mortgage Corporation located at 1318 N.W. Seventh Street to use the vacant city owned lot at approximately 1325 N.W. Sixth Street for additional parking. In order to use the property for parking, Heritage Mortgage Corporation must comply with all applicable City codes and obtain appropriate permits. The City has no daily use of the vacant lot which abuts a storm water and sewage pumping station on Sixth Street. The resolution authorizes the City Manager to execute a Revocable Permit, in substantially the attached form, for the use of the vacant city owned lot by the Heritage Mortgage Corporation for a one year period at an annual use fee of $5,000 plus tax paid on a monthly basis. This would be a better use for the property and bring in additional revenue to the City. 0 V