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HomeMy WebLinkAboutR-88-0508J- Be- 532 C5/23/88 RESOLUTION NO. NS-150fl A RESOLUTION AUTITORIZTNG THE CITY MANAGER'S ISSUANCE OF A REVOCABLY' PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CATHOLIC COMMUNITY SERVICES, INC., IMMIGRATION SERVICES, A NONPROFIT CORPORATION, FOR THE USE' OF SPACE IN THE MANIEI.L ARTIME COMMUNITY CENTER, LOCATED AT 970 SOUTHWEST FIRST STREET, MIAMI, FLOR1DA, TO PROVLDE COUNSELING AND LEGAL ADVICEE, ON IMMIGRATION PROCEDURES) SAID PERMIT BEING FOR AN INITIAL ONE-YEAR PERIOD, AT A USER FEE OF $2, 430 PER YEAR, WITH SUCCESSIVE AUTHORITY BEING GIVEN FOR THE PERMIT TO REMAIN VALID FOR ONE. YEAR PERIODS, SUBJECT TO THE CITY MANAGER'S APPROVAL. 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 a form acceptable to the City Attorney, to Catholic Community Services, Inc., Immigration Services, a nonprofit corporation, for the use of space in the Manuel. Artime Community Center, located at 970 Southwest First Street, Miami, Florida, to provide counseling and legal. advice on immigration procedures] said permit being for an initial one --year period, at a user fee of $2,430 per year, with authority being hereby given for the Permit to remain valid for successive one-year periods, subject to the City Manager's approval. PASSED AND ADOPTED this 9th IW RA I CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRPCTNESS -A h . f day of June 1988. XAVIER L. SUAREZ, AYOR CITY COMMISSION MEETING OF JUN 9 1988 RESOLUTION No. SS_5'"n fi d11AARKS- v v a♦ u a.a • c aJ a�a� �a� - u CIT ATTORNEY r CITY OF MIAMI. FLORIDA 31 tN`F R-OPPIct M M AANCIUM honorable Mayor and . -„ .1 i GATE TO �j FILE: Members of the City Commission Resolution Authorizing a suer¢cT Revocable Permit with ty Catholic Community Services FROM Cesar H. Odiv REFEpENCE5 City Manager ENCLOSURES. RECOMMENDATION - It is respectfully recommended that the City Commission adopt the attached resolution authorizing a revocable permit with Catholic Community Services, Inc., for use of space in the Manuel Artime. Community Center, located at 970 Southwest First Street, Miami_, Florida. BACKG ROUND The General Services Administration and the Community Development Departments have been working with Catholic Community Services, Inc., a nonprofit organization interested in providing a prcgram to ccun:3el and assist community residents in immigration procedures. This agency additionally provides daycare and outreach social services for low-income clients. The permit will be for an initial one-year period, renewable annually at the City Manager's discretion. It is anticipated that revenues from this permit will total $2,430 per year. Attached: Proposed Resolution Proposed Revocable Permit . . l ^A, kEVOCAbLE PERMIT ISSUED tY THE CITY OF MIAMI To CATHOLIC COMMUNITY SERVICES, INC. Immigration Services (HEREINAFTER "PERMITTEE") PROPERTY LOCATED at 970 SW 1st STREET, Suite 210 in the Manuel Artime Community Center MIAMI, FLORIDA Issued this day of 1988 ATTEST: CITY OF MIAMI, a municipal Corporation of the State of Florida City Clerk city Manager APPROVED AS TO FORMAND CORRECTNESS: City Attorney 88-508 M7 m� CONTENTS 1JAM t -p )ESCIIPTION OF AREA 3 2. TIME 3. PURPOSE 3 4. FEE 3 5. LAWS APPLICABLE 4 61 UTILITIES 4 76 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 14 INSURANCE 15. PEACEFUL RELINQUISHMENT 8 16.1 GENERAL CONDITIONS 8. 17. ADVERTISING 18. NONDISCRIMINATION. 19. VIOLATIONS 9 20. TAXES 9 21. INTEREST CONFERRED BY PERMIT 10 22. COURT COSTS AND ATTORNEY'S FEES 10 23. MODIFICATIONS 10 -2- REVOCAbLE PERMIT 1, DESCRIPTION Off` A"A The City of Miami (CITY) hereby issues this Kevocablt Permit to Catholic Community Services, Inc-, a not -for -profit r1brida corporation, (PERMITTEE), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use the Area described As Suite 210 in the Manuel Artime Community Center, located at 970 SW 1st Street, Miami, Florida. CONDITIONS 26 TIME This Revocable Permit shall be valid for a period of,one year commencing on March 10, 1988, and terminating on March 9, 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 PERMITTEE, submitted in writing at least one hundred twenty (120) 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 Section 19 hereof, also be revoked by the City Manager., with or without cause, by delivery of a written notice ofrevocation thirty ,(30),days prior to revocation. PURPOSE The Area shall be. used by the PERMITTEE to provide, counseling and legal advice on immigration procedures to immigrants and non -immigrants. PERMITTEE shall not change or modify such use without the prior written consent of the City Manager. 3- 4. PU PP,ttM1TTEE shall pay for the use of the Area a fee in the amount of $202,50 monthly, which is calculated At a rate of $4=�0 per square foot, for 540 square feet, 5. LAWS APPLICABLE PERMITTEE accepts this Revocable Permit and hereby acknowledges that PERMITTEW S compliance with all laws of the State of Florida, ordinances of the City of Miami and bade 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 as they may be amended hereafter. UTILITIES Unless otherwise provided herein, 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 CITY..' PERMITTEE shall be responsible for telephone charges. 7. NO ASSIGNMENT OR TRANSFER PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this Revocable Permit. a. CONDITION OF AREA PERMITTEE hereby accepts the Area in its present condition and agrees to 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. 88-50 91 -4- 0. ALTERATIONS 8Y PERMITTEE A. MAMITTU 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, and the design of such proposed alterations, additions, partitions or improvements in or to the Area shall be first submitted to the City Commission before or at the same time the City Manager's approval is requested. 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. a. 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 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 19 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 OL 10 s MAI�iTEN�iCE PERMITTEE shall maintain the interior and exterior of the Area in good order and repair at all tiffies, and In an attractive, clean and sanitary condition during the period of this Revocable Permit or any extension or renewal hereof. !I. 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. 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 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 said 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 otherwise, and to keep CITY harmless from all claims and suits growing out of any such loss, injury or damage 13. INDEMNIFICATION PERMITTEE 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 Area, 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, se-sog and from and against all gists, att45tt1ey', a fees, axpeflsLis and liabilities incurred in and about the defense of any -such claim and the nvestigation thereof. 14. 1NSURANCR P9RMITT= shall maintain throughout- the period of this Revocable Permit, the following insurance: A. General liability insurance on a comprehensive generat 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 agreement. The policy or policies of insurance shall contain a combined single limit of at least $3000,000. 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 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 strength: The company must be rated no less than A as to management, and no less that class V as to financial strength,. in 7 accordance with the latest edition of Bestis they Rating Suide, published by Alfred M, heat Company, the,, 75 Puiton gtroet, Mew York, New York 15, PEACEPUL RRLINOUISHMRNT At the expiration of the Revocable Permit period, PRRMIME 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 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 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 served; or, if by, mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI PERMITTEE City Manager Catholic C. S. Inc. Attn.: Property & Lease Mgmt. Attn.: Shirley Hart City of Miami 970 SW 1 Street, #210 P. O. Box 330708 Miami, Florida 33130 Miami, Florida 33233-0708 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 6t 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 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 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 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. 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 is hereby revoked automatically without the need for other or further action by CITY. 20. TAXES ,During the.period of this Revocable Permit, PERMITTEE.shall pay any and alltaxes of whatever nature lawfully levied,upon or assessed against the Area., 88-508 -.9- • 0 21, tNTERngt COMRKED 8Y 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 PERMITTEE under the provisions hereof, 22. 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 shall pay CITY's court costs and attorney's fees 23. 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 following by -its duly authorized officers, as of this day of 1988. -10-