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HomeMy WebLinkAboutR-87-0343J-87-322 3/26/87 RESOLUTION NO. 57 343- . A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE USE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE NICARAGUAN AMERICAN FOUNDATION, INC., FOR THE USE OF 1,118 SQUARE FEET OF OFFICE SPACE IN THE TENNIS CLUB BUILDING AT HENDERSON PARK, FOR A ONE-YEAR PERIOD, RENEWABLE ANNUALLY AT THE CITY"S DISCRETION, AT A YEARLY RENTAL OF $100.00. WHEREAS, the Nicaraguan American Foundation, Inc., appeared before the City of Miami Commission on November 13, 1986 requesting assistance for Nicaraguans; and WHEREAS, by Motion 86-937, the City Commission referred this request to the City Administration for further study and recommendations; and WHEREAS, the City of Miami has space available for use in the currently vacant Tennis Club building, located in Henderson Park; and WHEREAS, the City of Miami is willing to allow the Nicaraguan Foundation to use the facility, provided that that agency will make the necessary renovations to the premises at no cost to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a Revocable Use Permit, in a form acceptable to the City Attorney, with the Nicaraguan American Foundation Inc., for the use of 1,118 square feet of office space in the Tennis Club CITY COD�$SiOrr �_ MEEWO Of APR 9 01T .34, building at Henderson Park, for a one-year period, renewable annually at the City's discretion, at a yearly rental of $100.00. PASSED AND ADOPTED this 9th day of _AAri]n _�1987. ATTES s !,� XAVIER L. SUA Z, MAYOR MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: __ e L'z / , &'/c ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVEDAS TO FORM AND CORREC S: "w,-iea ea. Lvvv CITY ATTORNEY 2 P P keaq CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Cesar H. Odio City Manager RECOMMENDATION: 51 DATE: R '% FILM G t SUBJECT: Resolution Authorizing the City Manager to Execute a Revocable Permit with the REFERENCES: Nicaraguan American Foundation, Inc. ENCLOSURES: It is respectfully recommended that the City Commission adopt the _ attached resolution authorizing the execution of a revocable permit with Nicaraguan American Foundation, Inc., in a form acceptable to the City Attorney, to allow them to use approximately 1,118 square feet of office space in the Tennis Club building at Henderson Park. BACKGROUND: The General Services Administration Department has been working with Ms. Maritza Herrera in connection with providing assistance to Nicaraguans, pursuant to Motion 86-937. The premises best suited to the group's needs is space in the currently vacant Tennis Club building at Henderson Park. The facility is in need of repairs and the Nicaraguan American Foundation is aware that improvements to and maintenance of the premises will be their responsibility. The initial term of the permit is for one year, with an option to renew annually, based on the City Manager's approval. it is proposed that the Nicaraguan American Foundation pay the City $100.00 per year in rental. enc. Proposed resolution Proposed revocable permit 5/—/ 2 0 REVOCABLE PERMIT NO. ISSUED BY THE CITY OF MIAMI TO NICARAGUAN AMERICAN FOUNDATION, INC. (HEREINAFTER "PERMITTEE") 1,I18 SO. FT. IN THE TENNIS CLUB AT CITY OF MIAMI'S HENDERSON PARR 971 NW 2 STREET MIAMI, FLORIDA Issued this day of , 1987 ATTEST: City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney CITY OF MIAMI, a municipal Corporation of the State of Florida City Manager L-2 gh 1. 2. 3. 4. S. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. L: , DESCRIPTION OF PREMISES TIME PURPOSE FEE LAWS APPLICABLE UTILITIES ASSIGNMENT OR TRANSFER CONDITION OF PREMISES ALTERATION BY PERMITTEE MAINTENANCE CITY'S RIGHT OF ENTRY RISK OF LOSS INDEMNIFICATION CLAUSE INSURANCE PEACEFUL SURRENDER GENERAL CONDITIONS ADVERTISING NONDISCRIMINATION VIOLATIONS TAXES INTEREST CONFERRED BY PERMIT COURT COSTS AND ATTORNEY'S FEES ENTIRE AGREEMENT AMENDMENTS EXHIBIT I PAGE 3 3 3 4 4 4 4 4 4 p REVOCABLE PERMIT 1. DESCRIPTION OF PREMISES The City of Miami, (hereinafter referred to as CITY), hereby issues this Revocable Permit to Nicaraguan American Foundation, Inc., a Florida not for profit corporation, (hereinafter referred to as PERMITTEE), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use 1,118 square feet of space in the structure called the "Tennis Club" in Henderson Park, (the Demised Premises), as shown on Exhibit 1 attached hereto and made a part hereof. 2. TIME This Revocable Permit shall be valid for a period of one year, commencing on the _ 2 day of March, 1987, and terminating on the 1 day of March, 1988, unless otherwise 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, upon the approval of the City Manager or his designee. 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 or without cause, by delivery of a written notice of revocation thirty (30) days prior to revocation. 3. PURPOSE The Demised Premises shall be used by the PERMITTEE to operate programs involving legal assistance for immigration purposes, job placement and referral. Hours of operation shall be Monday through Friday, 9:30 am to 7:00 pm, and Saturday 10:00 am to 2:00 pm. PERMITTLE shall not change or modify such use without the prior written consent of the City Manager. 87--342 -3- 4. FEE PERMITTEE shall pay for the use of the premises a fee in the amount of $100.00 per year. 5. LA4S 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 Demised 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 for the Demised Premises. Trash and garbage removal shall be at the cost of PERMITTEE. PERMITTEE shall also be responsible for telephone charges. 7. ASSIGNMENT OR TRANSFER Without the express written consent of the City Commission, PERMITTEE cannot assign or transfer its privilege of entry &nd use granted unto it by this Revocable Permit. 8. CONDITION OF PREMISES PERMITTEE hereby accepts the Demised 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. 9. ALTERATIONS BY PERMITTEE A. PERMITTEE may not make any alterations, additions, partitions or improvements in or to the Demised Premises 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 Demised Premises shall be first submitted to the City Manager for approval. All additions, partitions, or improvements shall become the property of CITY and shall remain a part of the Demised Premises at the expiration of this Revocable Permit and any extensions or renewals hereof. The P P cost of renovation of the Demised Premises as to alterations, additions, partitions or improvements shall be borne by and is the financial responsibility of PERMITTEE.. All alterations, additions, partitions or improvements must be in conformance with the provisions of Section 5 hereof. Upon completion of renovations, 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 Nicaraguan American Foundation the unamortized portions of the full costs of renovations based on a ten (10) year straight-line amortization schedule commencing on the date of execution. B. PERMITTEE shall have the right to remove any movable personal property that it places on the Demised Premises. If any part of the Demised Premises is in any way damaged by the removal of such movable personal property, said damage shall be repaired by PERMITTEE at its sole cost and expense. Should PERNITTEE fail to repair any damage caused to the Demised Premises ten (10) days after receipt of written notice from CITY directing the required repairs, CITY shall cause the Demised Premises 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 the Revocable Permit as provided in Section 19 below. Notwithstanding the above, CITY reserves the right to revoke this Revocable Permit for PERMITTEE's failure to repair the Demised Premises as directed without the necessity of CITY repairing the Demised Premises. 10. MAINTENANCE PERMITTEE agrees to maintain the Demised 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 hereof. IP P 11. CITY�S RIGHT OF ENTRY CITY, or any of its properly designated agents, representatives, or employees, shall have the.right to enter said Demised 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 Demised 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 Demised 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, and any extensions or renewals hereof, for any personal injury, loss of life or damage to property sustained in or on the Demised Premises, by reason of or as a result of PERMITTEE's use or operations thereon, and from and against an orders ' d t y , �u gmen s, 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. :f _ �"�s f ':r cr}+ri'� E•�tr fir. V P 14. INSURANCE PERMITTEE shall maintain throughout the period of this Revocable Permit, and any extensions or renewals hereof, 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 $500000 for bodily injury liability and property damage liability. City shall be an additional named insured on the policy or policies of insurance. B. The policy or policies of insurance required shall be so written that the policy or policies may not be cancelled or materially changed without sixty (60) days advance written notice to the City of Miami being delivered to the Insurance Manager, Risk Management Division, 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 Division -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 SURRENDER At the expiration of the Revocable Permit period, or any extensions and renewals hereof, PERMITTEE shall, without demand, quietly and peaceably relinquish, surrender and deliver up possession of the Demised 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 W P P 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 ocher 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 pv. ty 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 PE�ITETE City Manager Nicaraguan American Foundation, Inc. Attn: Property & Lease Mgmt. Attn: David Raskosky City of Miami 3278 Riviera Drive P. 0. Box 330708 Coral Gables, Florida 33134 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. 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 i order to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and t - provisions of this Revocable Permit shall remain unmodified and in full force and effect. f J a P P 17. ADVERTISING PERMITTEE shall not permit any signs or advertising matter to be placed either in the interior or upon the exterior of the Detuised 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 Demised 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 A 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 Demised Premises. 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 Demised Premises is conferred upon PERMITTEE under the provisions hereof. 22. COURT COSTS AND ATTORNEYS 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. 3 87 4 - �,� op P 23. 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. 24. 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 day of )A/ ^J.Wl , 1987. ATTEST: I CorporateCSecretary APPROVED AS TO INSURANC,E REQUIREMENTS: Risk Management Di 'lion PERMITTEE: Nicaraguan American Foundation Inc., a Florida,not for profit corporation BY��/ • i,�_ eal ) President Al. W. Pi 16- -.;' f .0 -ahl r7 Al IL is till Ve Z7 x Pip te Tj. 77 _. i 161 40- 3 HENDERSON PARKs, CITY OF HIM11 Lots 1 - 20 !U vervieu "I'I-A PB 5, P9.43 p EXHIBIT lb r i'. CORPORATE RESOLUTION WHEREAS, the CITY OF MIAMI has agreed to issue a Revocable Permit to NICARAGUAN AMERICAN FOUNDATION, INC., a not for profit Florida' corporation,, for the use of space in the City of Miami's Herderson Park, to operate programs involving legal assistance for immigration purposes, job placement and referral; and WHEREAS, NICARAGUAN AMERICAN FOUNDATION, INC., has agreed to accept this Revocable Permit; and WHEREAS, the Board of Directors of NICARAGUAN AMERICAN FOUNDATION, INC., 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 Henderson Park; and WHEREAS, the Board of Directors of NICARAGUAN AMERICAN FOUNDATION, INC., 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 NICARAGUAN AMERICAN FOUNDATION, 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, and for the price and upon the terms and payment contained in the attached Revocable Permit submitted by the CITY OF MIAMI. 1987. IN WITNESS WHEREOF, this day of _g�iy , SECRE RY CHAIRMAN, Board of Directors NICARAGUAN AMERICAN FOUNDATION, INC., a not for profit Florida corporation 87-343 s, y � C riKi a -Nr