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HomeMy WebLinkAboutRevocable Permit No. 8REVOCABLE PERMIT NO. 8 ISSUED BY THE CITY OF MIAMI TO ALLAPATTAH COMMUNITY ACTION, INC. (HEREINAFTER "PERMITTEE") PROPERTY LOCATED AT 2251 N.W. NORTH RIVER DRIVE IN CURTIS PARK MIAMI, FLORIDA Issued this /674 day of 5C,h/ewer , 1985 ATTEST: APPROV A 0 FORM AND CORRECTNESS: City Attorn CITY OF MIAMI, a municipal Corporation of the State of Florida EEV1EW, PLEASE INDEX PAGE 1. DESCRIPTION OF PREMISES 3 2. TIME 3 3. PURPOSE 3 4. FEE 3 5. LAWS APPLICABLE 1 4 6. UTILITIES 4 7. ASSIGNMENT OR TRANSFER 4 8. CONDITION OF PREMISES 4 9. ALTERATION BY PERMITTEE ` 4 10. MAINTENANCE 5 11. CITY'S RIGHT OF ENTRY 5 12. RISK OF LOSS 6 13• INDEMNIFICATION CLAUSE 6 14. PEACEFUL SURRENDER 6 15. GENERAL CONDITIONS 7 16. ADVERTISING 8 17. NONDISCRIMINATION. 8 18. VIOLATIONS 8 19. TAXES 8 20. INTEREST CONFERRED BY PERMIT 8 21. COURT COSTS AND ATTORNEY'S FEES 9 EXHIBIT I -2- REVOCABLE PERMIT 1. DESCRIPTION OF PREMISES The City of Miami (CITY) hereby issues this Revocable Permit to Allapattah Community Action, Inc., the (PERMITTEE), for the purpose and under the condition(s) hereinafter set forth, permitting said PERMITTEE to use the Premises described in Exhibit 1 attached hereto and made a part hereof. 2. TIME This Revocable Permit shall be valid for a period commencing on the 1st day of October, 1985, and terminating on the 30th day of September, 1990, unless otherwise revoked as provided below. This Revocable Permit may be extended for additional one year periods upon request of the 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 Premises shall be used for the operation of the PERMITTEE in order to provide approximately 500 elderly individuals with daily lunch time meals, Mondays through Fridays, as well as provide educational and recreational activities for the elderly population of the Allapattah area. 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 one hundred ($100) dollars per year. -3- 5. LAWS APPLICABLE The 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 the PERMITTEE agrees to abide therewith as the same presently exist and as they may be amended hereafter. 6. UTILITIES Unless otherwise provided herein, the CITY shall provide all utilities, including electricity, water, gas, and sewage disposal. Trash and garbage removal shall be at the cost of the CITY. 7. ASSIGNMENT OR TRANSFER Without the express consent of the City Commission, the PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this Revocable Permit. 8. CONDITION OF PREMISES The 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. 9. ALTERATION BY PERMITTEE A. The PERMITTEE may not make any alterations, additions, partitions or improvements in or to the 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 Premises shall be first submitted to the City Commission before or at the same time the City Manager's approval is requested. A11 additions, partitions, or improvements shall become the property of the CITY and shall remain a part of the Premises at the expiration of this Revocable -4- at the sole cost and expense of the PERMITTEE. shall pay CITY the full cost of such repairs within ten of receipt of an invoice indicating the cost of such repairs. Failure to pay such invoice shall be cause to revoke the Revocable Permit as provided in below. Notwithstanding the above, the CITY reserves the right to revoke this Revocable Permit for PERMITTEE's failure to repair the Premises as directed without the necessity of the CITY repairing the Premises. 10. MAINTENANCE The PERMITTEE agrees to maintain the interior and the exterior of the Premises in good order and repair at all times. PERMITTEE shall be responsible for interior janitorial services and maintenance of grounds in an attractive and clean condition during the period of this Revocable Permit or any extension 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 responsibility of the PERMITTEE. B. The 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. If any part of the Premises is in any way damaged by the removal of such items as stated, in subsection A hereof, said damage shall be repaired by the PERMITTEE at its sole cost and expense. Should PERMITTEE fail to repair any damage caused to the Premises ten (10) days after receipt of written notice from the CITY directing the required repairs, CITY shall cause the Premises to be repaired PERMITTEE (10) days required sufficient Section 19 Premises. CITY'S RIGHT OF ENTRY The CITY,, or. is the financial. or renewal hereof. The CITY agrees to be responsible for repairs to said 11. designated agents, representatives, or employees, shall have the right to enter said any of --its properly -5- Premises during all reasonable working hours, to examine and/or inspect the same. 12. RISK OF LOSS The PERMITTEE shall indemnify and save harmless the 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 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 the 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 the 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 the CITY or any of its employees, agents, or otherwise, and to keep harmless the CITY from all claims and suits growing out of any such loss, injury or damage. 13. INDEMNIFICATION CLAUSE The PERMITTEE covenants and agrees that it shall indemnify, hold -harmless, and defend the 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 Premises, by.reason of or as a result of the 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. PEACEFUL SURRENDER At the expiration of the Revocable Permit period, or any extensions and. renewals hereof, the PERMITTEE shall, without demand, quietly and peaceably relinquish, surrender and deliver -6- up possession of the Premises in as good condition as it is now, except for normal wearand 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 the CITY. 15. 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 33133 PERMITTEE Allapattah Community Action, Inc. 2251 N.W. North River Dr. in Curtis Park Miami, Florida 33125 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 other- wise 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 -7- 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. 16. ADVERTISING The 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. The CITY reserves the right to erect or place upon the premises an appropriate sign indicating the CITY's having issued this Revocable Permit. 17. NONDISCRIMINATION PERMITTEE shall not discriminate against any persons on account of race, color, sex, religious creed, ancestry, handicap or national origin, in the use, of the Premises . and the improvements thereon. 18. VIOLATIONS If the 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 the PERMITTEE by the City Manager within which to cease such violation or to correct such deficiencies, and upon failure of the PERMITTEE to so do after such written notice, this Revocable Permit shall be revoked automatically without the need for other or further action by the CITY. 19. TAXES During the period of this Revocable Permit, the PERMITTEE shall pay any and all taxes of whatever nature .lawfully levied upon or assessed against the Premises. 20. INTEREST CONFERRED BY PERMIT The provisions of this Revocable Permit do not constitute a lease and the rights of the PERMITTEE hereunder are not those of a tenant. No leasehold interest in the Premises is conferred upon the PERMITTEE under the provisions hereof. -8- 21. COURT COSTS AND ATTORNEY'S FEES In the event that it becomes necessary for the CITY to institute legal proceedings to enforce the provisions of this Revocable Permit, PERMITTEE agrees to pay the CITY's court costs and attorney'sfees. IN WITNESS WHEREOF, the PERMITTEE has hereunto caused this Revocable Permit to be applied for and has executed the following by its duly authorized officers, as of this /6 4 day of Seib/eny , 1 98s. ATTEST: Cor APPROVED AS TO INSURANCE REQUIREMENTS: PERMITTEE: ALLAPATTAH COMMUNITY ACTION, INC. �i/ r President LD TIS PARK ELDERLY MEALS FACIL-I- B-3209 1901 N.W. 24 AVE. MIAMI, FLORIDA DESIGN DEVELOPMENT SUBMISSION - LEGAL DESCRIPTION The southeastern portion of City of Miami Curtis Park, located at 2251 NW North River Drive Lots 3 through 7, Block 2, WASHBURN'S SUBDIVISION, 4-112 CORPORATE RESOLUTION WHEREAS, the CITY OF MIAMI has agreed to issue a Revocable Permit to ALLAPATTAH COMMUNITY ACTION INC., for the Curtis Park Elderly Meals Facility, located at 1901 NW 24 Avenue, Miami; and WHEREAS, ALLAPATTAH COMMUNITY ACTION INC., has agreed to accept this Permit; and WHEREAS, the Board of Directors of ALLAPATTAH COMMUNITY ACTION INC., has examined terms, conditions, and obligations of the attached Revocable Permit with the CITY OF MIAMI, for the Curtis Park Elderly Meals Facility; and WHEREAS, the Board of Directors of ALLAPATTAH COMMUNITY ACTION 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 ALLAPATTAH COMMUNITY ACTION 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 for 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 J- M day of C U/J , 1985. CHAIRMAN, Board of Directors ALLAPATTAH COMMUNITY ACTION INC.