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HomeMy WebLinkAboutR-89-0163, - J-89-12 y 1/27/89 RESOLUTION NO. A RESOLUTION, AUTHORIZING THE CITY R' MANAGER'S ISSUANCE OF A REVOCABLE — P'ERMIT, IN A FORM ACCEPTABLE TO THE a CITY ATTORNEY, TO THE OVERTOWN ADVISORY 'Ai BOARD INC., A NON PROFIT CORPORATION,# TO ALLOW THE USE OF 1,121 SQUARE FEET OF STOREFRONT SPACE IN THE OVERTOWN SHOPPING CENTER LOCATED AT 1490 NORTHWEST THIRD AVENUE, MIAMI, FLORIDA s FOR ADMINISTRATIVE OFFICES AND BUSINESS DEVELOPMENT IN CONNECTION WITH THE FULL OCCUPANCY OF THE OVERTOWN SHOPPING CENTER; SAID PERMIT BEING FOR AN zk d' - INITIAL ONE YEAR PERIOD, AT A USER FEE OF $1.00 PER YEAR, WITH SUCCESSIVE ONE .`._ YEAR RENEWAL PERIODS SUBJECT TO THE ` CITY MANAGER'S APPROVAL. \ BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,` FLORIDA: `} Section I. The City Manager is hereby authorized to issue a- Revocable Permit, in a form acceptable to the City Attorney, to . W. the Overtown Advisory Board, Inc., a Florida not for profit t;- q. j corporation for the use of 1,121 square feet of storefront space =l in the Overtown Shopping Center, located at 1490 North West Third — Avenue, Miami, Florida, for administrative offices and business development in connection with the full occupancy of the Overtown� ,t. Shopping Center, at a user fee of $1.00 per year; said permit ,t r being for an initial one year period, with successive one-year ,3 renewal periods, subject to the City manager's approval. Section 2. This Resolution shall become effective immediately upon its adoption pursuant to law. y PASSED AND ADOPTED this 9th day of February i989. , XAVIER S AREZ, MAYOR s *TYHIRAI �- r 4 CITY CLERK NJ; PRE D AND APPROVE BY: x }�. ROBERT F. CLARK } CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CITY CONtMISSIUI� rrs4� °4 co cTNE MEETING OF _ FEB 9 JOR F ANDEZs +CIT ATTO Y '* WIION.Na.�77 x' .. .. f ^:v ....: .:.r r .: - �4 r .� s. ': 1....:n s[Sii at "' Se• - - - ♦ rz avr3ea..ii'L.n-nkwk .' f.. ruw AEF 00 7i, t Y t,:3- . CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and cATE " f ^ FILE Memb5o of the City Commission Resolution Authorizing SUNECT issuance of a Revocable Permit to the Overtown d Advisory Board, Inc. Cesar H. Odio ., REFEaENCEs aAOMCity Manager ENCLOSURES IMCOMMENDATION: It is respectfully recommended that the City Commission adopt 'the attached resolution authorizing the issuance of a revocable permit to the Overtown Advisory Board, Inc., for the use of`1',121.square feet. of storefront space in the Overtown Shopping Center, 'located m at 1490 M1 Third Avenue, Miami, Florida. rs BACKGROUND:o approac- hy 5 Te General Services Administration Department was ed b Inc., a non-profit organizataon, y rt, the overtown Advisory Board, - which is interested in occupying space in ;the Overtown„,Shope fices. This. is. Center for their administrative of:taasaure tnat 3. the concerns and interests of the Overtown community are 44 incorporated into the development process, insofar as commun.ty participation is feasible and consistent with existing statutory kz restrictions. Additionally, the Board will actively °seek ' businesses interested in renting space ' in the '-Overtown-hopp.ng { Center. , The term of the proposed permit will be for an initial .one-xe�►f t period, with successive one-year.renewal periods, subject, to ft4h {Al 'City'Manager's-approval, at an annual .user fee 1.00. � end. Proposed Resolution i }ft � i s l �l kart 4Y4 �, - t f' ! •'7• - A E 1? T/ tom'.... .... � ,, � '.' . :�: �. , :. ::.., .. ,a7y,, �yy� y yy.� ;may, . � � £r x , �. �-r � r � l fi"'.�:' � �'',s 7'3y� ' r,:. ij` A 'm ` 6u 8i►' *iti i ::: _ 4k 1 .t._h ! Yst �� , 1.' 1 f , - - , t� z - 4 ,.h �',x��,, `"rt 1 , g�fie. r a �' ­llr , 15 _ , z, r#%r�' a r ss � --- , ��+ iic�y�� x t. u� t� g w �� �� is , ll�Nb. . .....1. : f�*u v S ,Y �z 1$SU�Sb EY THE 1. 1. ' k _ • C:y'C'Y or MIAMI > :: ! x Tb ' ". F,11 1 ixj2�5 ,; `+`` r„_+x ` , ;' Oi�$RTbi�L ADVISORY $OAI�b $ 4 � � 6 t;3': "V �_o � ki so- r i,x} w- 7. s ,, riff+. . , ydfla4 (iERmINAFTER "PERMITTEE" i ° . k {e� ,i ;- � t+� 7 .., ,� 1 SQUARE !FEET IN THE t ° . ;' � :12'1 a A Y 4 f ' -�h f . OVERTOWN SHOPPINc'a CENTER' ) yg ,Y j { 1 y , 1488,' N.. W. 3RD. AVENUE ^!, ; �; % �} ;l {. .di > $, F.. ,t-,,. t., .. • `�' %i / '- AY SX L yT Y4k K.. k .; .: k { ',p " I 1. �. zi r l t R; 4�1` -� it w ` ` MlA.N1, gLORIDA wcm� ' z` v r �?? i .. - t we x �.. 4 - ,9 gg 4. ._i 3� ,R lIz r t _ I tY xr +" 'pe x `' ei ,4 i."+tAa�h. %7 �, fj +���a F i . ... ��j O 9�1t F uf.,; '9 S %ijrf i-}iti ih� '. j, i0Al " t"IiS ��� i K �' e 7 a .: '' _ a �) i �, 'Tr '%., �' cFa `,5 e�'-'s,a e °'hs ', :.y ruj.; a7 f „ rt YNei y,t Ct } xa e i2 i4 a ..t' A ": '* a9 4 a t,k°' ". ni CITY Oi a`fifli".iI a' iauil��.. Q � 19'� rTTEST• " Corporation Of the State;oj4 "fit ,- f x,� �; Florida , Y V. " �A ' 3YF + .., , 9{ v ._._ City g ,� y 'i r4 Minna ar i. r #aCity.- 9— � ,r i f< ,x a rr,,4 n` . . , a s a t � �?i t _ .. 1 t t -f 7 r *;g'5i ."tt ,� t : ite A PROVED AS„TO k4&'K AND .. " _ :� �.- I F ,�� y x c „L x 4UtcRECT'�ESS: s�a`�,�b ,a°r' �3 ..�r f {f x'I i"'r�' ��'�aw..Hr j�Y- i."L r1. 4 Xk fax � i '�r5Sp �f,rFY ' yYar( .. irf aY.'.<'��� L. ys� _v ra Mr s.oy o4 de,.7 r. a lFe ,t_P� g�'tf,F�Yt ti i r t '� ao- sys� FY s ,,c ! • '.' ' i L1 t : r T 'i ' e� t z t�C►tJ'ticN' S ; a _ :y 7 'PU RMSE 1 :F yt-ir'�. •jai k _ it'd R`+t 'S (:'. L^ 5.. LAWS APPLICABLE 6• UTILITIES Y i ASSIGNMENT OR TRANSFER . ; Y . atx3 CONDI`P lUN OF AREA 4 1 3 9. ALTERATION 8Y PERMITTSE, ' 10- MAIN,rb:NANCE 5 CITY RIGHT OF ENTRY f� ti s t }fi' u 5 5,ts> ,S RISK OF. LASS j w, , S 4 13:: LNUE:MNIFICATION" r y 4 f. ^ �� r�� •� i` =:1 INSURANCE at t 5 r r }%0�1y 35• PEACEFUL. RELIN{�UISFIMENT� GENERAL. CONDITIONS , ADVCHTISING % R1$. :,,NONDISCRIMINATION ��j� r 19._ . AFFIRMATIVE ACT.ION.. •t` 3 C3tz�i1Ps a, �'nc-.Zr�k'tr` 20..• � � MINORITY/WOMEN BUSINESS UWLI2ATIORr ii 1 .; v WL.4'1'IONS, m 22... TAXES. Y. f 'a;;� r BY PERMIT, u �3.': INTEREST CONFERRED L}�A� 1., r ,atf, -aK• COURT COSTS AND, ATTORNEY ' w 4r ,k 'i:4 +& t 3 FEES? 24 . i �' Y�i. r"Sk��F",� ST ! 4 f dJ: 7Ya J�•;ha�.. 1 REVOCABLE PCKM1T a 1. AKSCRIPTION OF AREA The City of Miami (CITY) hereby issues this Revocable Permit to overtown Community Development Board, a Florida not for profit - po hereinafter referred to as PERMITTEEI, for the corporation, 2i purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use the Area described as The Overtown Shopping Center, Space 112-A, located at 1488 N. W. 3rd Avenue, Miami, Florida, ( the Demised Premises as shown on . Exhibit 1 attached hereto and made a part hereof. CONDITIONS 2. TIME } This Revocable Permit shall be valid for a period of one "€ a year commencing on _ w 1989, and terminating on , 1989, or until CITY decides to otherwise dispose of the property, and the Permit is revoked as provided below. This Revocable` Permit may be extended for additional one year periods upon - request of PERMITTEB, submitted in writing at least ninety days` prior to the termination date, subject to the approval of the! City Manager or his designee. This Revocable Permit or any extensions and renewals thereof may, in addition to the � revocation which may result from or under the provisions' of_ ' _W Section 1.9 hereof, also be revoked by the City Manager, with or.` without cause, by delivery of a written notice of revocat.Lon, thirty (30) days prior to revocations. 3. PUKPOSr. The Area shall be used by the PF.RMITTEE to provide ror'`'t1ae, operation of office space, to assure `that the concernis sad' 'X ate• interests of the Overtown Community are incorporated intq< s development process insofar as community participation E feasible and consistent with existing statutory restrictions'• PERMtTTEE shall not mange or modify such u+�e w tfiout tits' „t� . prior written consent of,toe city Manageri ((ra . t IL -= la -M, t t 4 N k A � 1' o PRE 3 —; PERMITTER shall pay for the use of the Area a fee in the amount of $1.00 per year. 1 S. LAWS APPLICABLE PERMITTEE accepts this Revocable Permit and hereby. acknowledges that PERMITTEE'S compliance with all laws of the z -;j State of Florida, Ordinances of the City of Miami and rude _ County, Florida, pertaining to the operation and maintenance of the Area, including but not limited to building codes and zoning restrictions, is a condition of this Revocable Permit, and ; ii PERMITTER shall comply therewith as the same presently exist and r as they may be amended hereafter. . u'r i r, t'r i e s f _ Unless otherwise provided herein, PERMITTEE shall provide Al all utilities, including but not limited to, electricity, water,, gas, and sewage disposal. Trash and garbage removal shall be at' the cost of CITY. PERMITTEE, shall be responsible for telephone - rharyeg. '�. 7.` NO.ASSIGNMENT OR TRANSFER PERMTTTF.E cannot assign or transfer its privilege`ot"entYy - and use granted unto it by this Revocable Permit. a. CONDITION Off' AREA PERMITTEE hereby accepts the Area in its present condition` =`6 r and agrees to maintain it in the same condition, order and repair.. ' f' as it is in at this time, at the cost and expense of tlha 1 i PERMITTEE, except for reasonable wear and tear. 9. ALTERATIONS BY PERMITTEE y A. PERMITTEE may not make any alterations, adoitic,ne,- X "� partitions or improvements in or to the Area without the written:` consent of the City Manager or his designee'. All 'additi'ons; partitions, or improvements shall become the property of'L11Y acid < shall remain a part of the Area at the expiration oar, the { abl Permit. cost of kenova o o! the Are s .., Revocable The o tin a e alterations, additions, ' partitions ; or impravementa shah 'bvs by and is the ftnanciaL t$aponeibil'ity Q! PEIti+�L'�''U.14 . m [ 1 ` UAM :x 1 Ago T1JM 1 4 4 rSA+ r i� i ,i i 0. MMITTEE shall have the right to remove any movable personal property or fixtures that it places in or on the Area. i All alterations, additions, partitions or improvements must be in conformance with the provisions of Section 5 hereof. if any part 4 of the Area is in any way damaged by the removal of such items as stated, in subsection A hereof, said damage shall be repaired by r PERMITTER at its mole cost and expense. Should PERMITTEE fail to t; s repair any damage caused to the Area ten (10) days after receipt ti 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 i' shall be sufficient cause to revoke this Permit as provided in Yy. Section 19 below. Notwithstanding the above, this Revocable it Permit may be revoked due to PERMITTEE's failure to repair the - Area as directed without the necessity of CITY repairing tne' . Area. LO. kAt:VTLNANCE PERMITTER shall maintain the interior of the Area in good, order and repair at all times, and in an attractive, clean and tz _ sanitary condition during the period of this Revocable Permit or any extension or renewal hereof. _ n 11. CTTY'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. '. L2. R 1SK OF LUSS PERMITTEE shall indemnify and save CITY harmless again'st'atl,_ 4 t l'x risk of loss, injury or damage of any kind or nature wnatsoever' to property now or hereafter placed on or within said Area, an3 all risk of loss, injury or damage of any kind or nature: >z r whatsoever to the contents of such building or improvements mad$ ' N by PERMITTFE to the structure or structures, or to any. go+ad+Y' X, Jt5 M� z U t: i 4 L • T E { 1 t: chattels, merchanAise to any other that may now or, or property hereafter be placed upon said Area, whether belonging to = PER►MITTEL 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 �4 negligence of CITY or any of its employees, agents, or otherwise, — and to keep CITY harmless from all claims and suits growing out ti of any such loss, injury or damage. 13 • INDEMNIFICA'rLON PERMITTEE shall indemnify, hoLd harmless, from and against any and all claims, suits, actions, damages or ,t causes of action arising during the period of this Revocable ' Permit, for any personal injury, loss of life or damage to ys F property sustained in or on the Area, by reason of or as a result Of PERMITTEE'a use or operations thereon,and from and agbinat 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. 14. INSUPANCE 'a PERMITTRE 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, inuLudinq 1, 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 pq,llcy or policies of insurance.; hrC � G t3gE: 8.. Automobile liability insurance covering .41,1 .own0.A, :• o ►, 3 t } `_+ owned and hired vehicles used in ,. con juncGa.on { a r .. operations covered b this agreement. The, ��� p Y �3 Po1�•Cy sac policies of insurance shall,: Contain a.cgmbinad sitglsr {y, :s 1 tni-t of at least $ 300, 000 forbo�Ii ly In ury and 1 F�' ��Cc��4sc LY, t�&lltq� c' • T �ka }�� + a�� Al j ek 1 4 t d—ft I GO S A 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 advance written notice to the City of Miami being delivered to the Insurance Manager, General Services Administration Department, 1390 NW 20 Street, Miami, Florida 33142. 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 company must be rated no less than A an to strength: The 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 York, New York.r. 15. PEACEFUL RELINQUISHMENT At the expiration of the Revocable Permit period, FSHMITTt4 - 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 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 'Cl'i!Y. 16., GENERAL CONUITIONS --A All notices or other communications which shall or may be l­; 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 addressindicated. or as the same may be changed from time to time.SUCII not ­ kc sha It be deemed given on the day on which personal4y, served,or, J if, by mail,, on the fifth day after being posted or the. dater .#ctua J,receipt, whichever is e4rlier A • pia �CI'f�t OF MiAf�I PERMIWE Mana er OVERTOWN ADVISORY 80AAD Citnt Property & Lease M mtYNC• Att. g 'Attn: Ms. Anne Marie Adker City of Miami P. O. Box 330708 Secretary Miami, Florida 33233--0708 401 N. W. 5th Street Miami, Florida F B. Title and paragraph headings are for convenient refe&ence and are not a part of this Revocable Permit. C. No waiver of a violation of any provision of this Revocable !; permit &hall constitute a waiver of any subsequent violation of ,s s the same or any other provision hereof, and no waiver shall be '{ t effective unless made in writing. D. Should any provisions, paragraphs, sentences, word* or E{ phrases contained in this Revocable Permit be determined by E court of competent jurisdiction • to be invalid, illegal or otherwise unlawful under the laws of the State of Florida or the � r�- City of Miami, such provisions, paragraphs, sentences, words car 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 any conditions of this Revocable Permit shall remain unmodified and it in full force and effect. 1 7'. ADVEWr IS INN PERMITTER shall not permit any signs or advertising matter- *_ ke to be placed either in the interior or upon the exterior of Lhu Area 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 Area an appropriate sign indicating C1rY''fi ' t raving issued this Revocable Permit IS. 40N.DISCH.LMINA'PION *� ER shall not discriminate against any peroons pt7► PERMITTER 9 gr W ir-M account of race, color, sex, 'religious creed,' ancestry,' nationa�� �1 N, origin, mental or physical handicap, in theu$e cif the Area: 1.9. AFFiRMATIVE ACTION PERMITTEE, shall have in place an Aifirmnti,vs F-ni oyment Opportunity Policy and shall inatixut,#: X&AjAA � - (P z achievement which will require that action be taken to provide a equal opportunity in hiring and promoting for women, minorities, _ the handicapped, and Vietnam era veterans. Such plan w111 = include a set of positive measures which will be taken to insure is non-discrimination in the work place as it relates to hiring, firing, training and promotion. in lieu of such a policy/plan, lessee shall submit a Statement of Assurance indicating that i their operation is in compliance with all relevant Civil Rights =4 laws and reyulatiuns. 1 �l 20. MINORITY WOMEN BUSINESS UTILI'LA'rION —` PERMITTEE, shall make every good faith effort to purchase/contract fifty-one percent (514) 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 signing of the Agreement with the City of Miami and updates will _ r be routinely provided by the City's Office of Minority women Business AfEairs. 21. VIULATLONS ; if PERMITTEE in any :Wanner violates the restrictions and' S_ conditions of this Revocable Permit, then, and in that event, = after ten (10) days written notice given to PERMITTEE by the City 4' �t Manager within which to cease such violation or to, correct such' deficiencies, and upon failure of PERMITTEE to so do after such = 9 written notice, this Revocable Permit is hereby revoked automatically without the need for other or further action by_ 4' CLTY. , } 22 . TAXES xkr; During the period of this Revocable Permit, PZf(ml 1.lr.artral4 ray any and all taxes of whatever nature lawfu).,ly levia:d asssagsed against the Area. rr — 1 a S� 1' do not c01`lstitutd a permit leeee and the rights of PERMITTER hereunder are tenants No leasehold interest in the Area is not those conferred u&n PER.MI'CTEE under the provisions hereof. 24. COURT COSTS AND ATTORNEY' 8 b'EtrB ; } In the event that it becomes necessary for CITY to institute I the provisions of legal proceedings to enforce this Revocable . Permit , PERMITTEE shall pay CITY's court Costs and attorneys. , fees s 25. M0UIb'1CA'rioh5 I The co nditions contained herein shall not be modified unies$ I' a said modifications are approved in writing by the City Man6gsr. IN WIVMSS WHEREOF, PERMITTEE has hereunto caused this Revocable, day to be applied for and has executed the follawiny da of by its duty authorized officers, as of this Y 1909. - t Fr , ' p�Kyt1'rTEE : RE ATTEST;t ATTES P:.. z OVERTOWN ADVISORY 80P►1tD 4 6y (eaL f 4 Present Corporate Secretary y APPROVED AS.TO N 4 IN8jj1RANCt RZUUIREMENTS: �y n eess_[[M�ie�� j xn$u itio AN nCe Manag L xYrah +' F :!r .� J; a ���ysr'b�n� r'•q . i T 8 i } y _ . i � • �. 3 i _. 1y i 1 •. .• t , t t � s ; ok. 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