HomeMy WebLinkAboutR-88-0212J- 88- 223
02,'24;'88
RESOLUTION NO. t_I4-2 1 V
A RESOLUTION AUTHORIZING THE CITY
MANAGER'S ISSUANCE: OF A REVOCABLE
PERMIT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO HANDICAPPED OF AMERICA,
INC., A NONPROFIT CORPORATION. FOR THE
USE OF SPACE IN THE MANIJEL ARTTMF,
COMMUNTTY CENTER, LOCATED AT 900
SOUTHWEST FIRST STRFFT, MIAMI, FLORIDA;
PERMITTER PLANS TO OPERATE, A RF;FERRAL
SERVICE FOR HANDICAPPED CLIENTS AND
REVENUES ANTICIPATED FROM THIS PROGRAM
WILL TOTAL $2,097 PER YEAR, SAID PERMIT
WILL BE FOR AN INITIAL ONE-YEAR PERIOD,
WITH SUCCESSIVE A17THORITY BEING GIVEN
FOR SAID PERMIT TO REMAIN VALID FOR ONE--
YEAR PERIODS, SUBJECT TO THE CITY
MANAGER'S APPROVAL.
BE IT RESOLVED BY THC 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
Handicapped of America, Inc.; a nonprofit corporation, for the use of
space in the Manuel Artime Community Center, located at 900 Southwest
First Street, Miami, Florida: Permittee plans to operate a referral
service for handicapped clients and revenues anticipated from this
program will total $2,097 per year, said permit will be for an
initial one-year period, with authority being hereby given for said
Permit to remain valid for successive one-year periods, subject to
the City Manager's approval.
PASSED AND ADOPTED this loth day of March 1988.
YAVIER L. SUAREZ, MAYOR
ATTE
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MAT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
LZA �.Wae,4
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVE S TO FORM AND
CORREC S:
T 14 01 Ir. :R1+F.eN",
T.
1ii l/::r.vi�.
CITY COMMISSION
MEETING OF
MAR 10 1988
SOLUTION No. F317-412
LUCIA A. DOWHERTY
CITY ATTORNEY
REVOCABLE PERMIT
NO.
ISSUED BY THE
CITY OF MIAMI
TO
HANDICAPPED OF AMERICA , INC.
(HEREINAFTER "PERMITTEE")
PROPERTY
LOCATED at
990 SW FIRST STREET
Rooms 204 i 206
466.12 sq. ft.
MIAMI, FLORIDA
Issued this day of , 1988
ATTEST:
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
city Attorney
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
City Manager
B&OZiZ
COW MNTS
PAOQ
I.
DESCRIPTION OF AREA
3
2.
TIME
3
3.
PURPOSE
3
4.
FEE
3
S.
LAWS APPLICABLE
4
6.
UTILITIES
4
7.
ASSIGNMENT OR TRANSFER
4
e.
CONDITION OF AREA
4
9.
ALTERATION BY PERMITTEE
4
10.
MAINTENANCE
S
il.
CITY'S RIGHT OF ENTRY
S
12.
RISK OF LOSS
S
13.
INDEMNIFICATION
S
14.
INSURANCE
6
18.
PEACEFUL RELINQUISHMENT
7
16.
GENERAL CONDITIONS
7
17.
ADVERTISING
e
Is.
NONDISCRIMINATION
S
19.
VIOLATIONS
e
20.
TAXES
9
21.
INTEREST CONFERRED BY PERMIT
9
22.
COURT COSTS AND ATTORNEY'S FEES
9
23.
MODIFICATIONS
9
9"iZ
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REVOCABLE PERMIT
1. DESCRIPTION OF AREA
The City of Miami (CITY) hereby issues this Revocable Permit
to Handicapped of America. Inc., a Florida nonprofit corporation,
(PERMITTEE), for the purpose and under the condition(s)
hereinafter set forth, permitting said PERMITTEE to use the space
located in the Manuel Artime Community Center, at 900 SW First
Street, Miami, Florida (AREA).
CONDITIONS
2. TIME
This Revocable Permit shall be valid for a period of one
year commencing on the 1st day of January 1988,
and terminating on the 31 day of December 1988,
or until the City decides to dispose of the property otherwise,
and the permit is revoked as provided below. This Revocable
Permit may be extended for additional one year periods as
requested by PERMITTEE, in writing at least one hundred twenty
(120) days prior to the termination date, and upon approval of
the City Manager or his designee, based on provisions noted in
Section 4 below. 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 of revocation thirty (30) days prior to
revocation.
3. PURPOSE
The Area shall be used by the PERMITTEE to operate a
referral service for handicapped clients, Mondays through
Fridays, between the hours of 8:00 a.m. and 6:00 p.m.
PERMITTEE shall not change or modify such use without the
prior written consent of the City Manager.
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4. FEE
PERMITTEE shall pay for the use of the Area a fee in the
amount of $2,097.54 per year, payable in equal installments of
$174.80 per month.
S. LAWS APPLICABLE
PERMITTEE accepts this Revocable 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 Revocable Permit, and
PERMITTEE shall comply therewith as the same presently exist and
as they may be amended hereafter.
6. 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.
8. 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 PERMITTEE
except for reasonable wear and tear.
9. ALTERATION BY PERMITTEE
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, 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
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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 and any extensions or
renewals hereof. 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 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.
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.
Fj"12
ILM
12. RISK OF LOSS
PERMITTEE shall indemnify and save harmless CITY 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 any goods, chattels, merchandise or to any other
property that may now or hereafter be placed upon said Area,
whether .,elonging 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 harmless CITY 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,
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. 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 coverages,
with a combined single limit of at least $500,000 for
bodily injury liability and property damage liability.
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City shall be an additional named insurefi on the policy
or policies of insurance.
$. 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 thirty (30) days
advance written notice to the City of Miami being
delivered to the Risk 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
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.
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 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.
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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 PERMITTF.F, 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 Manager Handicapped of America, INC.
Attn: Property & Lease Mgmt. Attn: General Manager
City of Miami 900 SW First Street, #204
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. 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 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.
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 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 CITY, and in such event, the remaining terms and conditions of
this Revocable Permit shall remain unmodified and in full force
and effect.
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U
17. ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed on 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 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 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 all taxes of whatever nature lawfully levied upon or
assessed against the Area.
21. 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
PERMITTEE under the conditions 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.
R&S -212;
im
f
23. MODIFICATIONS
No modifications to this Revocable Permit 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 day of
1988.
PERMITTEE:
ATTEST:
Corporate Secretary
APPROVED AS TO
INSURANCE REQUIREMENTS:
Insurance Manager
HANDICAPPED OF AMERICA
By: (Seal)
President
M " 12,
Is-
0
E
CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to issue a Revocable
Permit to HANDICAPPED OF AMERICA, INC., for the use of space in the
Property located at 900 S.W. First Street, suite 204, Miami; and
WHEREAS, HANDICAPPED OF AMERICA, INC., has agreed to accept
this Revocable Permit; and
WHEREAS, the Board of Directors of HANDICAPPED OF AMERICA,
INC., has examined terms, conditions, and obligations of the
attached Revocable Permit with the CITY OF MIAMI, for the use of
property located at 900 S.W. First Street, Suite 204, Miami,
Florida; and
WHEREAS, the Board of Directors of HANDICAPPED OF AMERICA,
INC., at a duly held corporate meeting has considered the matter in
accordance with the bylaws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
HANDICAPPED OF AMERICA, INC., 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 payment contained in
the attached Revocable Permit submitted by the CITY OF MIAMI.
IN WITNESS WHEREOF, this day of ,
1988.
!SECRETARY
CHAIRMAN, Board of Directors
HANDICAPPED OF AMERICA, INC.
�AM 38-412
Honorable Mayor and
Members of the City
Commission
4�
Cesar H. Odin J
City Manager
RECOMMENDATION!
Cl" OF MIAMI.
INTlR-OFFICi MtMORANDUM
MAR - 1 190 "Le
Resolution Authorizing
Revocable Permit with
Handicapped of America
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing a revocable permit with
Handicapped of America, Inc., for use of space in th#% Manuel
Artime Community Center, located at 900 Southwest First Street,
Miami, Florida.
BACKGROUND:
The General Servicem Administration and the Community Development
Departments have been working with Handicapped of America, Inc.,
a nonprofit organization intere.ted in establishing a program in
the Little Havana Area to assist the handicapped residents in the
community. This agency will provide a very worthwhile social
service doing interviews and referrals 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 $2,097 per year.
Attached: Proposed Resolution
Proposed Revocable Permit
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