HomeMy WebLinkAboutM-89-0955TO :
FROM:
Honorable Mayor and the
Members of the City Commission
1
Cesar H. 0
City Manag
CITY OF MIAMI, FLORIDA
INTER - OFFICE MEMORANDUM
OCT - 3 1989
Discussion Item
Southwest Social
Services Program, Inc.
Revocable Permit No. 37
REFERENCES:
DATE
SUBJECT
ENCLOSURES:
FILE :
It is requested that the City Commission review the Revocable
Permit for the Southwest Social Services Program, for the
continued use of the northeasterly corner of Flagami Park. This
review is in compliance with Section 2, TIME, of the permit which
was issued March 2, 1987.
In compliance with their permit, the Southwest Social Services
requested review and reconsideration by the Commission of the
City of Miami in accordance with their attached letter of
March 16, 1989.
The city premises are used for an elderly meals facility and to
provide educational and recreational activities for the elderly.
58
r ete )SOUTHWEST SOCIAL SERVICES PROGRAM, INC.
15 IAmrami floutrv. r.t • MIAMI. Florida 3314! - (305) 261 -6102
March 16, 1989
Mr. Alberto Armada
Property & Lease Manager
City of Miami
1390 N.W. 20th Street
Miami, Florida 331
Dear Mr. Armada:
I am writing to request a date from your office for the review
by the City Commission of the Southwest Social Services Program
Permit (No.37) for the property located at Flagami Park.
Please let us know the date of the meeting, and if there is
any additional information your office might need.
Thanking you in advance for your assistance in this matter.
Sincerely,
Angela M. Vazquez
Director
AMV:mp
Fund..ct thruu the Area Agency on Aging, City of Miami. Slats of fl0►ida H.R.S.. linilal Way Of Dade Couniy
RECEIVED
CITY OF MIAMI
MAY -1 1989
IENERAL SERVICES ADMINISTRATION
PROPERTY & LEASE MANAGEMENT DIVISION
;1»!
ATTEST:
-;-74-1.64/ .,7•5>:-CoNes.A.!
City Clerk
• •
t Attorney
REVOCABLE PERMIT
NO 37
ISSUED BY THE
CITY OF MIAMI
TO
SOUTHWEST SOCIAL SERVICES PROGRAM
(HEREINAFTER "PERMITTEE ")
PROPERTY LOCATED IN
FLAGAMI PARK
MIAMI, FLORIDA
Issued this (Z. day of M 1'0 CAL , 1987
APPROVED _:.- TO FORM AND
CORREC
City Manager
CITY OF MIAMI, a municipal
Corporatio rof the State of
Florida
J
INDEX
PAGE
1. DESCRIPTION OF PREMISES 3
2. TIME 3
3. PURPOSE 3
4. FEE 3
5. LAWS APPLICABLE 4
6. UTILITIES 4
7. ASSIGNMENT OR TRANSFER 4
8. CONDITION OF PREMISES 4
9. IMPROVEMENTS 4
10. MAINTENANCE 5
11. CITY'S RIGHT OF ENTRY 5
12. RISK OF LOSS 6
13. INDEMNIFICATION CLAUSE 6
14. INSURANCE 6
15. PEACEFUL SURRENDER 8
16. GENERAL CONDITIONS 8
17. ADVERTISING 9
18. NONDISCRIMINATION 9
19. VIOLATIONS 9
20. INTEREST CONFERRED BY PERMIT 10
21. COURT COSTS AND ATTORNEY'S FEES 10
22. ENTIRE' AGREEMENT 10
23. AMENDMENTS 10
EXHIBIT I
•
REVOCABLE PERMIT
1. DESCRIPTION OF PREMISES
The City of Miami (CITY) hereby issues this Revocable Permit
to Southwest Social Services Program, Inc., a Florida not for
profit corporation, ( PERMITTEE), for the purpose and under the
condition(s) hereinafter set forth, permitting said PERMITTEE to
use approximately 5,455 square feet of space in the northeasterly
portion of Flagami Park, which is described in Exhibit 1 attached
hereto and made a part hereof. RAT t (&1/70
2. TIME
This Revocable Permit shall be valid for a twenty -year
period commencing on the 12 day of January 1987, and
terminating on the 11 day of January, 2007, unless otherwise
revoked as provided below. This Revocable Permit shall be
reviewed and reconsidered by the City Commission every two years.
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, also be terminated by the City
Manager, with cause, by delivery of a written notice of
revocation, thirty (30) days prior to revocation.
3. PURPOSE
The Premises shall be used by the PERMITTEE to operate an
elderly meals facility and to provide educational and
recreational activities for the elderly.
PERMITTEE shall not change or modify such use without the
prior written consent of the City Manager.
4. FEE
PERMITTEE shall 'pay for the use of the premises a fee in the
amount of $1.00 per year.
5. LAWS APPLICABLE
PERMITTEE accepts this Revocable -- Permit recognizing that 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 Premises, including but not limited to building codes and
zoning restrictions, are made a part of this Revocable Permit,
and PERMITTEE agrees to abide therewith as the same presently
exist and as they may be amended hereafter.
6. UTILITIES
Unless otherwise provided herein, PERMITTEE 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 CITY. PERMITTEE shall be responsible for telephone
charges.
7. ASSIGNMENT OR TRANSFER
Without the express consent of the City Commission,
PERMITTEE cannot assign or transfer its privilege of entry and
use granted unto it by this Revocable Permit.
8. CONDITION OF PREMISES
PERMITTEE hereby 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, or in better condition improved pursuant to Section 9,
IMPROVEMENTS.
9. IMPROVEMENTS
PERMITTEE agrees that no construction, repairs, alterations
or improvements may be undertaken. upon the demised premises
unless the plans:
(1) Be first submitted to Property and Lease
Management, for presentation and review by
all departments and offices of the CITY with
jurisdiction, and
(2) Be approved by the City Manager of the City
of Miami, and
(3) Be in compliance with all state, county and
city rules and regulations, and any other
agency that may have jurisdiction in these
matters.
All additions, partitions, or improvements shall become the
property of CITY and shall remain a part of the Premises at the
expiration of this Revocable Permit and any extensions or
renewals hereof. The cost of renovation of the Premises as to
alterations, additions, partitions or improvements shall be borne
by and is the financial responsibility of PERMITTEE.
Upon completion of construction, the paid invoices, receipts
=and other such documents shall be submitted to the City Manager
and shall be incorporated herein and attached hereto.
In the event that this Revocable Permit is terminated in
accordance with Section 2 above, the City shall reimburse the
State of Florida the unamortized portions of $200,000 based on a
twenty (20) year straight line amortization schedule commencing
on the date of execution.
PERMITTEE shall have the right to remove any movable
personal property or fixtures that it places on the Premises.
All alterations, additions, partitions or improvements must be in
conformance with the provisions of Section 5 hereof.
PERMITTEE also hereby agrees to pay for and obtain the
necessary and applicable permits in compliance with all state,
county and city laws, rules and regulations. All additions,
partitions, or improvements shall become the property of CITY and
shall remain a part of the Premises at the expiration of this
Revocable Permit. The cost of renovation of the Premises as to
alterations, additions, partitions or improvements shall be borne
by and is the financial responsibility of PERMITTEE.
10. MAINTENANCE
PERMITTEE agrees to maintain the interior and exterior of
the Premises 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) ereof.
11. CITY'S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter said
Premises during all reasonable working hours, to examine and /or
inspect the same.
12. RISK 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 Premises,
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 said Premises, 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 otherwise,
and to keep CITY harmless from all claims and suits growing out
of any such loss, injury or damage.
13. INDEMNIFICATION CLAUSE
PERMITTEE covenants and agrees that it shall indemnify, hold
harmless, and defend CITY from and against any and all claims,
suits, actions, damages or causes of action arising during the
period of this Revocable Permit, 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 PERMITTEE's use or operations
thereon, and from and against any orders, judgments, or decrees
which may be entered thereon, and from and against all costs,
attorney's fees, expenses and liabilities incurred in and about
the defense of any such claim and the investigation thereof.
89-955
York, New York._
14. INSURANCE
PERMITTEE shall maintain throughout the period of this
Revocable Permit, the following insurance:
A. General liability insurance on a comprehensive general
liability coverage form, or its equivalent, including
premises and operations and contractual liability, with
a combined single limit of at least $500,000 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 agreement. The policy or
policies of insurance shall contain a combined single
limit of at least $300,000 for bodily injury and
property damage.
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 sixty (60) days
advance written notice to the City of Miami being
delivered to the Risk Management Division, Finance
Department, 65 SW First Street, Miami, Florida 33130.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property & Lease Management Office of
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 Best's Key Rating Guide;
published by Alfred M. Best Company, Inc., 75 Fulton Street, New
15. PEACEFUL SURRENDER
At the expiration of the Revocable Permit period, PERMITTEE
shall, without demand, quietly and peaceably relinquish,
surrender and deliver up possession of the Premises in as good
condition as it is 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 be
directed by CITY.
16. GENERAL CONDITIONS
All notices or other communications which shall 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 the other party 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 served; or, if by
mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI
City Manager
Attn: Property & Lease Mgmt.
City of Miami
P. 0. Box 330708
Miami, Florida 33233 -0708
B. Title and paragraph headings are for convenient reference
and are not a part of this Revocable Permit.
C. In the event of conflict between the terms of this Revocable
permit and any terms or conditions contained in any attached
documents, the terms in this Revocable Permit shall rule.
D. No waiver or breach of any provision of this Revocable
Permit shall constitute a waiver of any subsequent breach of the
same or any other provision hereof, and no waiver shall be
. effective unless made in writing.
s _
PERMITTEE
Southwest Social Services
Program, Inc.
7367 S.W. 8 Street
Miami, Florida 33144
E. 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 unenforceable 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, then same shall be deemed
severable, and in either event, the remaining terms and
provisions of this Revocable Permit shall remain unmodified and
in full force and effect.
17. ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of the
Premises or grounds without having first obtained the approval of
the City Manager or his designee. CITY reserves the right to
erect or place upon the premises 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 Premises
and the improvements thereon.
19. VIOLATIONS
If 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 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 shall be revoked
automatically without the need for other or further action by
CITY. In the event that any such violation is disputed,
----- rsi2MIT'TEE shall be granted a hearing before the City Commission.
20. INTEREST CONFERRED.RY 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 Premises is conferred upon
PERMITTEE under the provisions hereof.
21. 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 Revocable
Permit, PERMITTEE agrees to pay CITY's court costs and attorney's
fees.
22. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto and correctly set forth the
rights, duties, and obligations of each to the other as of its
date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of
no force or effect.
23. AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN 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 12 day of
January , 1987.
ATTEST:
Y
Corp rate Secr- - resident
APPRR'ED AS
IN CE IREMENTS:
(
-10-
SOUTHWEST SOCIAL SERVICES
PROGRAM, INC., a Florida not
for profit corporation
PERMITTEE:
(Seal)
EXHIBIT 1
LEGAL DESCRIPTION
A portion of Lot "B ", Block 3 of FLAGAMI IST
ADDITION, as recorded in Plat Book 17 at Page
66 of the Public Records of Dade County,
Florida, being more particularly�desceibed as
follows:
Begin at the NE Corner of said Lot "B" thence
South along the East property line of said
Lot "B" 207.0 feet; thence West 70.0 feet;
thence North 27.0+ feet; thence West 26+
feet; thence NortE 130.0 feet to the South-
easterly Right -of -way line of Tamiami Blvd.;
thence Northeasterly a g- ..laid Right -of -way
line of Tamiami Blvd. 419.8+, feet to the
Point of Beginning.
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WHEREAS, the CITY OF MIAMI has agreed to issue a Revocable
Permit to Southwest Social Services Program, a not for profit
corporation, for the use of space in the City of Miami's Flagami
Park, to operate an elderly meals facility; and
WHEREAS, Southwest Social Services Program, has agreed to
accept this Revocable Permit; and
WHEREAS, the Board of Directors of Southwest Social Services
Program has examined terms, conditions, and obligations 'of the
attached Revocable Permit with the CITY OF MIAMI, for the use of
space in City of Miami's Flagami Park; and
WHEREAS, the Board of Directors of Southwest Social Services
Program, at a duly held corporate meeting has considered the matter
in accordance with the by -laws of the corporation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
Southwest Social Services Program, that the president and secretary
are hereby authorized to enter into a Revocable Permit in the name
of, and on behalf of this corporation, with the CITY OF MIAMI in
accordance with the contract documents furnished by the CITY OF
MIAMI, and for the price and upon the terms and payments contained
in the attached Revocable'Permit submitted by the CITY OF MIAMI.
IN WITNESS WHEREOF, this 7 day of ,r,//, , 1986
CORPORATE RESOLUTION
CHAIRMAN, Board of Directors
SOUTHWEST SOCIAL SERVICES PROGRAM
a not for profit corporation
89-9SS