HomeMy WebLinkAbout24975AGREEMENT INFORMATION
AGREEMENT NUMBER
24975
NAME/TYPE OF AGREEMENT
ALLAPATTAH COMMUNITY ACTION, INC.
DESCRIPTION
REVOCABLE LICENSE AGREEMENT/1710 NW 22ND PLACE,
M IAM I , FL 33125/F I LE I D : 12764/R-22-0450/MATTER I D : 22-
2384
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
5/14/2024
DATE RECEIVED FROM ISSUING
DEPT.
5/14/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Real Estate and Asset Management
DEPT. CONTACT PERSON: David Pivovarov
EXT. 1460
NAME OF OTHER CONTRACTUAL PARTY/ENT1TY: ALLAPATTAH COMMUNITY ACTION, INC
IS THIS DOCUMENT TO BE EXPEDITED/RUSH
® YES ONO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? OYES NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
® LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY):
PURPOSE OF ITEM (BRIEF SUMMARY): Revocable License Agreement between City of Miami and
Allapattah Community Action, Inc for the continued use of 1710 NW 22nd P1.
COMMISSION APPROVAL DATE: 10/13/2022 FILE ID: #12764 ENACTMENT NO: R-22-0450
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
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Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
May 10, 2024 I 15:09:39 EDT
PRINT: ANDREW
SIGNATURE:
FREY
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SUBMITTED TO RISK MANAGEMENT
May 10, 2024 I 15:16:0
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SIGNATURE:
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SIGNATURE:
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SUBMITTED TO CITYATTO NI 1
May 13, 2024 I 11:43:14 EDT
APPROVAL BY ASSISTANT CITY MANAGER
May 13, 2024 I 16:11:01 EDT
PRINT: LARRY
SIGNATURE:
PPRIN JR.
p—DocuSigned by:
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RECEIVED BY CITY MANAGER
May 14, 2024 I 12:09:03 EDT
PRINT: ART NORIEGA,
SIGNATURE:
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DocuSigned by:
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SUBMITTED TO THE CITY CLERK
N/A
PRINT: TODD
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SIGNATURE:
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
REVOCABLE LICENSE AGREEMENT
ISSUED BY THE
CITY OF MIAMI
TO
ALLAPATTAH COMMUNITY ACTION, INC.
(ELDERLY)
FOR THE OCCUPANCY OF THE PROPERTY LOCATED AT
1710 NW 22ND PLACE
MIAMI, FLORIDA, 33125
TABLE OF CONTENTS
1. Recitals 5
2. Definitions 5
3. Purpose 6
4. Interest Conferred by this Agreement 6
5. Common Area 6
6. Occupancy and Use Period, 7
7. Continuous Duty to Operate. 7
8. Use Fee 8
9. Late Fee 8
10. Returned Check Fee. 9
11. Security Deposit 9
12. Services and Utilities. 10
13. Reporting Requirements. 11
14. Condition of the Area 13
15. Alterations, Additions or Replacements. 14
16. Violations, Liens and Security Interests. 14
17. Indemnification And Hold Harmless. 15
18. Insurance. 16
19. No .Liability. 16
20. Safety. 17
21. Taxes and Fees 17
22. Cancellation by Request of either of the Parties Without Cause. 18
23. Termination by City. 18
24. Notices. 18
25. Advertising 19
26. Hazardous Materials. 20
27, Radon Gas 21
28. Licenses, Authorizations and Permits 21
29. Compliance with all Laws Applicable. 21
30. Ownership of Improvements 21
31, Surrender of Area. 22
32. Severability. 22
33. Invalidity. 23
34. No Assignment or Transfer. 23
35. Public Records. 23
36. Conflict of Interest. 23
37. Americans with Disability Act 24
38. Nondiscrimination 24
39. Amendments and Modifications. 24
40. Attorney(s)' Fees. 25
41. Litigation. 25
42. Waiver of Jury Trial 25
43. Waiver 25
44. Time of Essence. 26
45. No Interpretation Against Draftsmen 26
46. Further Acts. 26
47. Third Party Beneficiary 26
48. No Partnership. 26
49. Headings. 26
50. Authority. 26
51. Entire Agreement. 27
52. Special Provisions. 27
53. Electronic Signatures/Counterparts. 27
EXHIBITS
Exhibit A Description of Property
Exhibit B Warranty Deed
Exhibit C Insurance
Exhibit D City of Miami Resolution
Exhibit E Corporate Resolution
Exhibit F Reporting Requirements
2
REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement ("Agreement") is made this day of
, 2024 between the CITY OF MIAMI (the "City") a municipal corporation of the
State of Florida and ALLAPATTAH COMMUNITY ACTION, INC, a Florida not for profit
corporation under the laws of the State of Florida (the "Licensee").
RECITALS
WHEREAS, the City of Miami ("City") is the owner of the property located at 1710
Northwest 22"d Place, Miami, Florida ("Property"); and
WHEREAS, the City entered into a Revocable Permit ("Permit") on September 16th,
1985, with Allapattah Community Action, Inc. ("Permittee") for use of the Property to allow
Licensee to provide daily lunch time meals, Mondays through Fridays, and educational and
recreational activities to approximately five hundred (500) elderly individuals in the AlIapattah
area; and
WHEREAS, the Permit was valid for a period of five (5) years commencing on October
1,1985 and terminating on September 30, 1990, with additional one (1) year extension periods
upon request by Permittee; and
WHEREAS, Permittee has continued to occupy the Property as shown in Exhibit A
under the Permit terms; and
WHEREAS, in light of the various benefits provided to the community by Licensee, the
City has determined it is in the City's best interest to enter into a Revocable License Agreement
("Agreement") to allow Licensee to continue to provide the services indicated herein above to
the elderly population in the Allapattah area under the same terms and conditions as the Permit,
subject to the inclusion of certain insurance requirements and such changes required by the City
Attorney; and
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WHEREAS, the City and Licensee ("the Parties") desire and intend to enter into a
Revocable License Agreement; and
WHEREAS, this Revocable License Agreement is not assignable; and
WHEREAS, this Agreement is revocable -at -will by the City and without the consent of
the Licensee; and
WHEREAS, this Agreement does not transfer an interest in real property including any
leasehold interest in real property owned by the City; and
WHEREAS, this Agreement does not confer a right to use any real property for any
general purposes; and
WHEREAS, this Agreement does not convey or transfer any right to exclude the City
from any real property; and
WHEREAS, this Agreement permits only certain, enumerated, specific, listed permitted
uses, and does not permit anything further; and
WHEREAS, this Agreement is subject to the audit and inspection rights set forth in
Sections 18-100 and 18-102 of the Code of the City of Miami, Florida as amended ("Code"); and
WHEREAS, this Agreement confers no exclusive possession of the Property; and
WHEREAS, all exhibits are incorporated by reference herein.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the
parties hereby agree as follows:
4
1. Recitals.
A. The foregoing recitals are hereby incorporated and made a part of this Agreement.
2. Definitions.
A. "Area" shall mean a 49,870 square foot Iot located at 1710 NW 22nd Place,
Miami, Florida, as depicted in Exhibit "A" attached hereto and made a part
hereof
B. "City Manager" is the City Manager for the City of Miami.
C. "Director" shall mean the Director of the Department of Real Estate and Asset
Management for the City of Miami.
D. "Effective Date" shall mean the date that is first written above.
E. "Hazardous Material Laws" means all applicable requirements of federal, state
and local environmental, public health and safety laws, regulations, orders,
permits, licenses, approvals, ordinances and directives, including but not limited
to, all applicable requirements of: the Clean Air Act; the Clean Water Act; the
Resource Conservation and Recovery Act, as amended by the Hazardous and
Solid Waste Amendments of 1984; the Safe Drinking Water Act; the
Comprehensive Environmental Response, Compensation and Liability Act, as
amended by the Superfund Amendments and Reauthorization Act of 1986; the
Occupational Health and Safety Act; the Toxic Substances Control Act; the
Pollutant Discharge Prevention and Control Act; the Water Resources Restoration
and Preservation Act; the Florida Air and Water Pollution Control Act; the
Florida Safe Drinking Water Act; and the Florida Environmental Reorganization
Act of 1975.
F. "Permitted Uses" shall mean providing daily lunch time meals, Mondays through
Fridays, and educational and recreational activities to approximately 500 elderly
individuals in the Allapattah area .
G. "Property" shall mean the city -owned real property and improvements containing
approximately 1.14 acres located at 1710 NW 22"d Place, Miami, Florida, as more
particularly described in Exhibit "A" attached hereto and made a part hereof.
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3. Purpose.
The City is the owner of the Property. The City has expressed its desire to continue to
assist the Licensee in accomplishing its purpose to provide daily lunch time meals, Mondays
through Fridays, and educational and recreational activities to approximately 500 elderly
individuals in the Allapattah area and in furtherance thereof authorizes the Licensee to occupy
and use the Area for the Permitted Use, under the conditions hereinafter set forth. The use of the
Area is strictly limited to the Permitted Use and is not to be used for any other purpose
whatsoever. Any use of the Area not authorized under Permitted Use must receive the prior
written consent of the City, which consent may be withheld for any or no reason, including, but
not limited to additional financial consideration.
4. Interest Conferred by this Agreement.
This Agreement confers no exclusive possession of the Area. The Licensee cannot
exclude the City from the Area.
This Agreement solely authorizes Licensee to the temporary use of the Area for the
limited purposes set forth herein and for no other purpose. The parties hereby agree that the
provisions of this Agreement do not constitute a lease. The rights of Licensee hereunder are not
those of a tenant but are a mere personal privilege to do certain acts of a temporary character on
the Area and to use the Area, subject to the terms of this Agreement. The City retains dominion,
possession and control of the Area. Therefore, no lease interest in the Area is conferred upon
Licensee under the provisions hereof. Licensee does not and shall not claim at any time any
interest or estate of any kind or extent whatsoever in the Area or Property by virtue of this
Agreement or its use of the Area or Property hereunder. Additionally, Licensee does not and
shall not claim at any time any interest or estate of any kind or extent whatsoever in the Area or
Property by virtue of any expenditure of funds by the Licensee for improvements, construction,
repairs, partitions, or alterations to the Area which may be authorized by the City.
5. Common Area.
Intentionally Deleted.
6
6. Occupancy and Use Period.
This Agreement shall be valid for a period commencing on the ise day of October 2022
and terminate on the 30th day of September 2024 unless otherwise revoked as provided below.
Provided Licensee is not in violation of the Agreement, Licensee is hereby granted the option to
extend this Agreement for additional one-year periods upon request of the Licensee, submitted
in writing at least one hundred twenty (120) days prior to the termination date and upon the
written approval of the City.
This Agreement 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 with or without cause, by delivery of written notice of revocation thirty
(30) days prior to revocation.
7. Continuous Duty to Operate.
Except where the Area is rendered unusable by reason of fire or other casualty, Licensee
shall at all times during this Agreement, occupy the Area upon the Effective Date and shall
thereafter continuously conduct operations in the Area in accordance with the terms of this
Agreement.
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8. Use Fees.
Commencing on the Effective Date of this Agreement, Licensee shall pay for the
use of the Premises a fee in the amount of Four Hundred and 00/100 Dollars
($400.00), which is equal to two years Use Fee. Licensee shall pay for the use of
the Premises a fee in the amount of Two Hundred Dollars and 00/100 Dollars
($200.00) per year and on the first day of the anniversary thereafter during the
term of this Agreement, plus State of Florida State Use Tax, if applicable, for the
license to use the City's Property. If Licensee elects to renew the License
beginning on the first renewal option period, the City has the right to increase the
Use Fee based at a rate of three percent (3%) each teiin year. The Use Fee shall be
due each year without notice or demand. Payments can be made online and may
also be made payable to "City of Miami" and shall be mailed to:
City of Miami
Finance Department
Attn: Cash Receipts Section
444 SW 21Id Ave, 6th Floor, Miami, FL 33130
For online payments, visit: http://miamigov.corn/pay. Licensee shall be responsible for
any cost associated with its programs operated on the Property, including but not limited
to, security, equipment, and insurance during its operating hours.
9. Late Fee.
In the event any installment of the Use Fee is not received by City on or before the
fifteenth day of the month, Licensee shall pay to City a late charge in an amount equal to one
percent (1 %) of the respective Use Fee. Such late fee shall constitute additional fees due and
payable to City by Licensee upon the date of payment of the delinquent payment referenced
above. Acceptance of such late charge by City shall, in no event, constitute a waiver of
Licensee's violations with respect to such overdue amount nor prevent City from the pursuit of
any remedy to which City may otherwise be entitled.
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10. Returned Check Fee.
In the event any check is returned to the City as uncollectible, the Licensee shall pay to
City a returned check fee (the "Returned Check Fee") based on the following schedule;
Returned Amount Returned Check Fee
$00.01 - 50.00 $20.00
$50,01 - 300.00 $30.00
$300.01 - 800.00 $40.00
OVER $800 5% of the returned amount.
The Returned Check Fee shall constitute additional fees due and payable, to City by
Licensee, upon the date of payment of the delinquent payment referenced above. Acceptance of
Returned Check Fee by City shall, in no event, constitute a waiver of Licensee's violations with
respect to such overdue amount nor prevent City from the pursuit of any remedy to which City
may otherwise be entitled.
11. Security Deposit.
Licensee shall provide a Security Deposit in the amount of four hundred and zero cents
($400.00), which is equal to two years Use Fee. The Security Deposit shall be increased
beginning on the first renewal period if the Licensee elects to renew the License in accordance
with Section 8. of this Agreement. If Licensee is in violation beyond any applicable notice or
cure period, the City may use, apply or retain all or any part of the Security for the payment of (i)
any fee or other sum of money which Licensee was obligated to pay but did not pay, (ii) any sum
expended by City on Licensee's behalf in accordance with the provisions of this Agreement, or
(iii) any surn which City may expend or be required to expend as a result of Licensee's violation.
Should the City use, apply or retain all or any part of the Security, Licensee shall reimburse the
amount used, applied or retained within fifteen (15) days of the City's application of the
Security. The use, application or retention of the Security or any portion thereof by the City shall
not prevent the City from exercising any other right or remedy provided for under this
Agreement or at law and shall not limit any recovery to which the City may be entitled
otherwise.
9
Provided Licensee is not in violation of this Agreement, the Security or balance
thereof, as the case znay be, shall be returned to Licensee after the expiration date or upon any
later date after which Licensee has vacated the Area in the same condition or better as existed on
the Effective Date, ordinary wear and tear excepted. Upon the return of the Security (or balance
thereof) to the Licensee, the City shall be completely relieved of liability with respect to the
Security. Licensee shall not be entitled to receive any interest on the Security.
12. Services and Utilities.
A. Licensee' s Responsibilities.
Licensee, at its sole cost and expense, shall pay for the following utilities: None.
Licensee agrees to review its budget each year to verify if it has the ability to
contribute to any or all utility costs in full or in part. Licensee will meet with
representatives from the City's Department of Real Estate and Asset Management
annually within sixty (60) days prior to the anniversary date of this Agreement, and shall
simultaneously provide their proposed agency budget, to advise why they can or cannot
contribute to any or all utility costs in full or in part. After the conclusion of the five-year
Period of Use of this Agreement, the Licensee will become fully responsible for
transferring all utility accounts from the City to itself and shall assume full and absolute
responsibility of payments associated therewith.
The City is not a guarantor or in any manner responsible for payment of
Licensee's responsibilities as they are set forth in this Agreement.
Licensee, at its sole cost and expense, shall provide cleaning and janitorial
services and hire pest and termite control services for the Property, as needed, to ensure
that the Property at all times be in a clean and sanitary condition and free from vermin.
Licensee agrees to provide any and all security it deems necessary to protect its
10
operations and equipment. Licensee shall insure that all appropriate equipment and lights
have been turned off and appropriate doors locked at the close of operations within the
Property each day. Licensee shall be responsible to take prudent preventive maintenance
measures to safeguard the Property from storms and other "Acts of God" as that term is
defined by Florida law.
B. City's Responsibility.
City, at its sole cost, shall pay for the following utilities: All utilities which may
include, but is not limited to, electricity, water, storm water fees, gas, garbage and sewage
disposal used by Licensee during its occupancy of the Property, as well as all costs for
installation of any utility lines and equipment necessary. City, at its sole cost, shall install,
as applicable, all utilities required for its use, and arrange for direct utility billing from all
applicable utility companies for such services.
The City reserves the right to interrupt, curtail or suspend the provision of any
utility service provided by it, including but not limited to, heating, ventilating and air
conditioning systems and equipment serving the Area, to which Licensee may be entitled
hereunder, when necessary by reason of accident or emergency, or for repairs, alterations
or improvements in the judgment of City desirable or necessary to be made or due to
difficulty in obtaining supplies or labor or for any other cause beyond the reasonable
control of the City. The work of such repairs, alterations or improvements shall be
prosecuted with reasonable diligence. The City shall in no respect be liable for any
failure of the utility companies or governmental authorities to supply utility service to
Licensee or for any limitation of supply resulting from governmental orders or directives.
Licensee shall not claim any damages by reason of the City's or other individual's
interruption, curtailment or suspension of a utility service, nor shall the Revocable
License or any of Licensee's obligations hereunder be affected or reduced thereby.
13. Reporting Requirements.
13.1 Audited Financials.
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Within one hundred twenty (120) days after the end of its fiscal year, Licensee shall
deliver or cause to be delivered to the City of Miami's Director of Real Estate and Asset
Management Depai invent, an audited financial statement which includes, among other things,
information on the Licensee's business operations for the fiscal year, including the following:
i) grants, subsidies, rebates, credits or similar benefits received from any
federal, state, regional or local body, agency, authority, department or
organization which revenues are unrestricted or are to be used for general
operating expenses;
ii) all donations and contributions received which revenues are unrestricted
or are to be used for general operating expenses;
iii) revenue from services, program fees, membership dues;
iv) revenue from advertising and sponsorship conducted on the Property;
v) revenue from concession sales and all other receipts whatsoever of all
business conducted in or from the Property;
vi) all revenue from sales and services generated on or from the Property;
vii) all revenue by Licensee or any business entity or venture which has
involvement of Licensee's principals, in connection with the us.e of the Property,
any facility thereon, or any portion thereof for any period of time, including
without limitation, special events and fundraising events, held on the Property;
Such audited financial statement shall be prepared by an independent certified public
accountant (CPA) employed at the Licensee's sole cost and expense. In the event Licensee is
unable to timely submit the audited financial statement and provided Licensee has commenced
and diligently pursued the completion of the audited fmancial statement, Licensee may request
from the City a thirty (30) day extension to complete the audited financial statement, which
request shall not be unreasonably denied. Said CPA shall attest that such statement is prepared
in accordance with generally accepted accounting principles and practices and represents the
results of operations for the period indicated therein.
Notwithstanding the above and during the Periods of Use of this Agreement described in
Paragraph 6 herein and for a period expiring three (3) years after the expiration of the term, at
its option, the City may, at its sole cost and expense, audit Licensee's business affairs, records,
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program files, sales slips and sales tax records in connection with Licensee's sales on, from or
related to the Property for the period covered by any financial statement, report or record
furnished to the City.
Licensee shall allow the City or auditors of the City to inspect all or any part of the
source documents and records for the aforesaid annual reports, Said inspection shall be
conducted at the sole discretion of the City. Records shall be available Monday through Friday,
inclusive, between the hours of 8:00 AM and 5:00 PM at the Licensee's address provided in
Paragraph 25 of this Agreement. Copies requested by the City shall be furnished to the City at
no cost.
13,2 IRS Form 990 Tax Returns.
Licensee shall deliver or cause to be delivered to the City of Miami's Director annually a
copy of its IRS Form 990 30 days after it is due to the IRS. If Licensee request an extension
from the IRS, Licensee must submit a copy of the approved extension request to the Director.
Thereafter, submit the Form 990 when it has been officially submitted.
13.3 Clients Served.
Licensee shall deliver or cause to be delivered to the City of Miami's Director annually a
certified report of the total number of clients served by each month by the 15th of November for
the prior Use Period.
14. Condition of the Area.
Licensee accepts the Area "as is", in its present condition and state of repair and without
any representation by or on behalf of City, and agrees that City shall, under no circumstances, be
liable for any latent, patent or other defects in the Area. Licensee, at its sole cost, shall maintain
the Area in good order and repair at all times and in an attractive, clean, safe and sanitary
condition and shall suffer no waste or injury thereto. Licensee shall be responsible for all repairs
to the Area required or caused by Licensee's use of part thereof.
Licensee agrees to make all changes necessary to the Area at Licensee's sole cost and
expense in order to comply with all City, County and State code requirements for Licensee's
occupancy thereof.
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15. Alterations, Additions or Replacements.
Except in the event of an emergency, Licensee shall not make any repair without first
receiving the written approval of the City, which approval may be conditioned or withheld for
any or no reason whatsoever, including a condition to pay additional fees if such alteration will
affect the cost of services being provided by the City. If the City approves such request, no
repair or alteration shall commence until plans and specifications have been submitted to and
approved by the City Manager.
The Licensee shall be solely responsible for applying and acquiring all necessary permits,
including but not limited to, building permits. The Licensee shall be responsible for any and all
costs associated with any alterations including, but not limited to, design, construction,
installation and permitting costs. All alterations to the Area and Property, whether or not by or at
the expense of the Licensee, shall, unless otherwise provided by written agreement of the parties
hereto, immediately upon their completion become the property of the City and shall remain and
be surrendered with the Area. In the event of an emergency, Licensee may reasonably proceed
to perform such repair work and shall immediately notify City of such work.
All alterations must be in compliance with all statutes, laws, ordinances and regulations
of the State of Florida, Miami -Dade County, City of Miami and any other agency that may have
jurisdiction over the Area as they presently exist and as they may be amended hereafter.
In the event of an emergency, Licensee shall reasonably proceed to perform such repair
work and shall immediately notify the City Manager or his/her designee of such work.
16. Violations, Liens and Security Interests.
The Licensee shall not suffer or permit any statutory, laborers, material person, or
construction liens to be filed against the title to the Property, nor against any Alteration by reason
of work, labor, services, or materials supplied to the Licensee or anyone having a right to
possession of the Property. Nothing in this Agreement shall be construed as constituting the
consent or request of the City, expressed or implied, by inference or otherwise, to any contractor,
subcontractor, laborer or material man for the performance of any labor or the furnishing of any
materials for any specific Alteration, or repair of or to the Property nor as giving the Licensee the
right, power or authority to contract for or permit the rendering of any services or the furnishing
of any materials that would give rise to the filing of any construction liens against the Property.
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If any construction lien shall at any time be filed against the Property, the Licensee shall cause it
to be discharged of record within fifteen (15) days after the date the Licensee acquires
knowledge of its filing. If the Licensee shall fail to discharge a construction lien within that
period, then in addition to any other right or remedy available to the City, the City may, but shall
not be obligated to, discharge the lien either by paying the amount claimed to be due or by
procuring the discharge of the lien by deposit in court of bonding or other acceptable form of
security in lieu thereof. Additionally, the City may compel the prosecution of an action for the
foreclosure of the construction lien by the lienor and pay the amount of the judgment, if any, in
favor of the lienor (with interest, costs and allowances), with the understanding that all amounts
paid by the City shall constitute additional payments due and payable under this Agreement and
shall be repaid to the City by the Licensee immediately upon rendition of any invoice or bill by
the City. The Licensee shall not be required to pay or discharge any statutory, laborers, supplies,
material persons or construction lien so long as (i) the Licensee shall in good faith proceed to
contest the lien by appropriate proceedings, (ii) the Licensee shall have given notice in writing to
the City of its intention to contest the validity of the lien, and (iii) the Licensee shall furnish and
keep in effect a surety bond of a responsible and substantial surety company reasonably
acceptable to the City or other security reasonably satisfactory to the City in an amount sufficient
to pay one hundred ten percent (110%) of the amount of the contested lien claim with all interest
on it and costs and expenses, including reasonable attorneys' fees, to be incurred in connection
therewith. Licensee further agrees to hold City haiuiless from, and to indemnify the City against,
any and all claims, demands and expenses, including reasonable attorney's fees, by reason of any
claims of any contractor, subcontractor, raterialman, laborer or any other third person with
whom Licensee has contracted or otherwise is found liable for, in respect to the Area or Property.
17. Indemnification And Hold Harmless.
Licensee shall indemnify, defend and hold harmless, to the full extent of the available
insurance required to be maintained by the Licensee, the City and its officials, employees and
agents (collectively referred to as "Indemnitees") and each of them from and against all loss,
costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities
(collectively referred to as "Liabilities") by reason of any injury to or death of any person or
damage to or destruction or loss of any property arising out of, resulting from, or in connection
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with (i) the performance or non-performance by the Licensee of the services contemplated by
this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by
any act, omission, default or negligence (whether active or passive) of Licensee or its employees,
agents or subcontractors (collectively referred to as "Licensee"), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
unintentional omission or default or the negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Licensee to comply with any of the
paragraphs herein or the failure of the Licensee to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with
the performance of this Agreement. Licensee expressly agrees to indemnify and hold harmless
the Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Licensee, or any of its subcontractors, as provided above, for
which the Licensee's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws. Licensee further acknowledges
that, as lawful consideration for being granted the right to utilize and occupy the Area, Licensee,
on behalf of himself, his agents, invitees and employees, does hereby release from any legal
liability the City, its officers, agents and employees, from any and all claims for injury, death or
property damage resulting from Licensee's use of the Area unless said legal liability is found to
be caused, in whole or in part, to an intentional act of an Indemnitee
18. Insurance.
Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times
throughout the period of this Agreement, the insurance as set forth in Exhibit "C" attached hereto
and made a part hereof.
19. No Liability.
In no event shall the City be liable or responsible for injury, loss or damage to the
property, improvements, fixtures and/or equipment belonging to or rented by Licensee, its
officers, agents, employees, invitees or patrons occurring in or about the Area that may be stolen,
destroyed, or in any way damaged, including, without limitation, fire, flood, steam, electricity,
gas, water, rain, vandalism or theft which may leak or flow from or into any part of the Area, or
16
from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires,
appliances, plumbing, air conditioning or lighting fixtures of the Area, or from hurricane or any
act of God or any act of negligence of any user of the facilities or occupants of the Area or any
person whomsoever whether such damage or injury results from conditions arising upon the
Area or upon other portions of the Property or from other sources. Licensee indemnifies the City
its officers, agents and employees from and against any and all such claims even if the claims,
costs, liabilities, suits, actions, damages or causes of action arise from the negligence or alleged
negligence of the City, including any of its employees, agents, or officials.
Licensee further acknowledges that as lawful consideration for being granted the right to
utilize and occupy the Area, Licensee, on behalf of himself, his agents, invitees and employees,
does hereby release from any legal liability the City, its officers, agents and employees, from any
and all claims for property damage resulting from Licensee's use of the Area.
20. Safety.
Licensee will allow City inspectors, agents or representatives the ability to monitor its
compliance with safety precautions as required by federal, state or local laws, rules, regulations
and ordinances. By performing these inspections, the City, its agents, or representatives are not
assuming any liability by virtue of these laws, rules, regulations and ordinances. Licensee shall
have no recourse against the City, its agents, or representatives from the occurrence, non-
occurrence or result of such inspection(s). Upon issuance of a notice to proceed, the Licensee
shall contact the Risk Management Department at (305) 416-1800 to schedule the inspection(s).
21. Taxes and Fees
Licensee shall pay before any fine, penalty, interest or costs is added for nonpayment,
any and all charges, fees, taxes or assessments levied against the Area (collectively
Assessments), and/or against personal property of any kind, owned by or placed in, upon or
about the Property by Licensee, including, but not limited to, ad valorem taxes, fire fees and
parking surcharges. In the event Licensee appeals an Assessment, Licensee shall immediately
notify the City of its intention to appeal said Assessment and shall furnish and keep in effect a
surety bond of a responsible and substantial surety company reasonably acceptable to the City
Manager, or his/her designee, or other security reasonably satisfactory to the City Manager, or
17
his/her designee, in an amount sufficient to pay one hundred percent (100%) of the contested
Assessment with all interest on it and costs and expenses, including reasonable attorneys' fees, to
be incurred in connection with it.
22. Cancellation by Request of either of the Parties Without Cause.
Either party may cancel this Agreement at any time by giving thirty (30) days written
notice to the non -canceling party prior to the effective date of the cancellation.
23. Termination by City.
If, at the sole and complete discretion of the City, Licensee in any manner violates the
restrictions and conditions of this Agreement, then, and in the event, after ten (10) days written
notice given to Licensee by the City within which to cease such violation or correct such
deficiencies, and upon failure of Licensee to do so after such written notice within said ten (10)
day period, this Agreement shall be automatically canceled without the need for further action
by the City.
24. Notices.
All notices or other communications which may be given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered by personal service or by
certified mail addressed to City and Licensee 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 certified mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier:
CITY OF MIAMI LICENSEE
City of Miami Allapattah Community Action, Inc.
Office of the City Manager Attn: Executive Director
Attn: City Manager 1710 NW 22"d Place,
444 SW 2"d Avenue, 10th Floor Miami, FL 33125
Miami, FL 33130
18
WITH A COPY TO
City of Miami
Department of Real Estate & Asset Management
Attn: Director
444 SW 2nd Avenue, 3'd Floor
Miami, FL 33130
City of Miami
Office of the City Attorney
Attn: City Attorney
400 SW 2 Avenue, 9th Floor
Miami, Florida 33130
law(&Miamigov.com
25. Advertising.
Licensee shall not permit any signs or advertising matter except as required by law, to be
placed either in the interior or upon the exterior of the Property without having first obtained the
approval of the Director or his designee, which approval may be withheld for any or no reason,
at his sole discretion. Licensee shall, at its sole cost and expense, install, provide, maintain such
sign, decoration, advertising matter or other things as may be permitted hereunder in good
condition and repair at all times. Licensee must further obtain approval from all governmental
authorities having jurisdiction, and must comply with all applicable requirements set forth in the
City of Miami Code and Zoning Ordinance. Upon the cancellation of this Agreement, Licensee
shall, at its sole cost and expense, remove any sign, decoration, advertising matter or other thing
permitted hereunder from the Area. If any part of the Area is in any way damaged by the
removal of such items, said damage shall be repaired by Licensee at its sole cost and expense.
Should Licensee fail to repair any damage caused to the Area within ten (10) days after receipt of
written notice from City directing the required repairs, City shall cause the Area to be repaired at
19
the sole cost and expense of Licensee. Licensee shall pay City the full cost of such repairs
within five (5) days of receipt of an invoice indicating the cost of such required repairs.
Licensee hereby understands and agrees that the City may, at its sole discretion, erect or
place upon the Property an appropriate sign indicating City's having issued this Agreement.
26. Hazardous Materials.
The Licensee shall, at its sole cost and expense, at all times and in all respects comply
with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies,
orders and administrative actions and orders relating to hazardous materials ("Hazardous
Materials Laws"), including, without limitation, any Hazardous Materials Laws relating to
industrial hygiene, environmental protection or the use, storage, disposal or transportation of any
flammable explosives, toxic substances or other hazardous, contaminated or polluting materials,
substances or wastes, including, without limitation, any "Hazardous Substances", "Hazardous
Wastes", "Hazardous Materials" or "Toxic Substances" (collectively "Hazardous Materials"),
under any such laws, ordinances or regulations. The Licensee shall, at its sole cost and expense,
procure, maintain in effect and comply with all conditions of any and all permits, licenses and
other governmental and regulatory approvals relating to the presence of Hazardous Materials
within, on, under or about the Area or required for the Licensee's use of any Hazardous
Materials in or about the Area in conformity with, all applicable Hazardous Materials Laws and
prudent industry practices regarding management of such Hazardous Materials. Upon
cancellation or revocation of this Agreement, the Licensee shall, at its sole cost and expense,
cause all Hazardous Materials, including their storage devices, placed in or about the Area by the
Licensee or at the Licensee's direction, to be removed from the Area and transported for use,
storage or disposal in accordance and compliance with all applicable Hazardous Materials Laws.
The Licensee may operate according to the custom of the industry so long as the use or presence
of Hazardous Materials is strictly and properly monitored according to, and in compliance with,
all applicable governmental requirements. The requirements of this Paragraph of the License
shall survive the cancellation or revocation of this License.
The City represents that:
To the best of its knowledge there are no environmental violations, whether under
federal, state, or local laws, existing on the Area;
20
To the best of its knowledge there are no Hazardous Materials presently existing on the
Area.
27. Radon Gas.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county
public health unit. Licensee may, have an appropriately licensed person test the Area for radon.
If the radon level exceeds acceptable EPA standards, the City may choose to reduce the radon
level to an acceptable EPA level, failing which either party may cancel this License.
28. Licenses, Authorizations and Permits.
Licensee shall obtain, or cause to be obtained, and maintain in full force and effect
throughout the term of this Agreement, at its sole expense, all licenses, authorizations and
permits that are necessary for Licensee to conduct its commercial activities.
Licensee shall be responsible for paying the cost of said applications and obtaining said
licenses, authorizations and permits.
29. Compliance with all Laws Applicable.
Licensee accepts this Agreement and hereby acknowledges that Licensee's strict
compliance with all applicable federal, state and local laws, ordinances and regulations is a
condition of this Agreement, and Licensee shall comply therewith as the same presently exist
and as they may be amended hereafter. This Agreement shall be construed and enforced
according to the laws of the State of Florida.
30. Ownership of Improvements.
As of the Effective Date and throughout the use period, all buildings and improvements
thereon shall be vested in City. Furthermore, title to all Alterations made in or to the Area,
whether or not by or at the expense of Licensee, shall, unless otherwise provided by written
21
agreement, immediately upon their completion become the property of the City and shall remain
and be surrendered with the Property.
31. Surrender of Area.
In either event of cancellation pursuant to Paragraph 22 or Paragraph 23, or at the
expiration of the time limited by the notice, Licensee shall peacefully surrender the Area broom
clean and in good condition and repair together with all alterations, fixtures, installation,
additions and improvements which may have been made in or attached on or to the Area. Upon
surrender, Licensee shall promptly remove all its personal property, trade fixtures and equipment
and Licensee shall repair any damage to the Area caused thereby. Should Licensee fail to repair
any damage caused to the Area within 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 Licensee. Licensee 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. At City's option, City may
require Licensee to restore the Area so that the Area shall be as it was on the Effective Date.
In the event Licensee fails to remove its personal property, equipment and fixtures from
the Area within the time limit set by the notice, said property shall be deemed abandoned and
thereupon shall become the sole personal property of the City. The City, at its sole discretion
and without liability, may remove and/or dispose of same as City sees fit, all at Licensee's sole
cost and expense.
32. Severability.
It is the express intent of the parties that this Agreement constitutes a license and not a
lease. To further this intent, the parties agree as follows: (i) if any provision of this Agreement,
or the application thereof to any circumstance, suggest that a lease, rather than a license, has
been created, then such provision shall be interpreted in the light most favorable to the creation
of a license and (ii) if any provision of this Agreement, or the application thereof to any
circumstance, is determined by a court of competent jurisdiction to have created a lease rather
than a license, then such provision shall be stricken and, to the fullest extent possible, the
remaining provisions of this Agreement shall not be affected thereby and shall continue to
operate and remain in full force and effect.
22
With regard to those provisions which do not affect the parties intent for this Agreement,
should any provision, section, paragraph, sentence, word or phrase contained in this Agreement
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 provision,
section, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in
order to conform with such laws, or if not modifiable, then same shall be deemed severable, and
in either event, the remaining terms and provisions of this Agreement shall remain unmodified
and in full force and effect or limitation of its use.
33. Invalidity.
In the event that any non -material provision of this Agreement shall be held to be invalid
for any reason, such invalidity shall not affect the remaining portions of this Agreement and the
same shall remain in full force and effect.
34. No Assignment or Transfer.
Licensee cannot assign or transfer its privilege of occupancy and use granted unto it by
this Agreement. Any assignment, sale or disposition of this Agreement or any interest therein by
Licensee shall result in the automatic termination of this Agreement without notice by the City.
35. Public Records.
Licensee understands that the public shall have access, at all reasonable times, to City
contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access
by the City and the public to all documents subject to disclosure under applicable law.
36. Conflict of Interest.
Licensee is aware of the conflict of interest laws of the City of Miami (Miami City Code
Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et. seq.) and of
the State of Florida as set forth in the Florida Statutes, and agrees that it will fully comply in all
respects with the terms of said laws and any future amendments thereto. Licensee covenants that
no person or entity under its employ, presently exercising any functions or responsibilities in
connection with this Agreement, has any personal financial interests, direct or indirect, with the
23
City. Licensee further covenants that, in the performance of this Agreement, no person or entity
having such conflicting interest shall be utilized in respect to services provided hereunder. Any
such conflict of interest(s) on the part of Licensee, its employees or associated persons, or
entities must be disclosed in writing to the City.
37. Americans with Disability Act.
Licensee shall affiriiiatively comply with all applicable provisions of the Americans with
Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the
City including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability)
and all applicable regulations, guidelines and standards. Additionally, Licensee shall take
affirmative steps to ensure nondiscrimination in employment of disabled persons.
38, Nondiscrimination.
In the performance of this Agreement or any extension thereof, Licensee and/or its
authorized agents shall not discriminate in connection with its occupancy and use of the Area
and improvements thereon, or against any employee or applicant for employment because of sex,
age, race, color, religion, ancestry or national origin. Licensee and/or its authorized agents will
take affirmative action to ensure that minority applicants are employed and that employees are
fairly treated during employment without regard to their sex, age, race, color, religion, ancestry,
marital status, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation,
39. Amendments and Modifications.
No amendments or modifications to this Agreement shall be binding on either party
unless in writing, approved as to form and correctness by the City Attorney, and signed by both
parties. The City is authorized to amend or modify this Agreement as needed.
24
40. Attorney(s)' Fees.
In the event it becomes necessary for either party to institute legal proceedings to enforce
the provisions of this Agreement, each party shall bear its own attorneys' fees through all trial
and appellate levels.
41. Litigation.
Any dispute herein shall be resolved in the courts of Miami -Dade County, Florida. The
parties shall attempt to mediate any dispute without litigation. However, this is not intended to
establish mediation as a condition precedent before pursuing specific performance, equitable or
injunctive relief.
42. Waiver of Jury Trial.
The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right
either may have to a trial by jury in respect of any action, proceeding or counterclaim based on
this Agreement, or arising out of, under or in connection. with this Agreement or any amendment
or modification of this Agreement, or any other agreement executed by and between the parties
in connection with this Agreement, or any course of conduct, course of dealing, statements
(whether verbal or written) or actions of any party hereto. This waiver of jury trial provision is a
material inducement for the City and Licensee entering into the subject transaction.
43. Waiver.
Any waiver by either party or, any breach by either party of any one or more of the
covenants, conditions or provisions of this Agreement shall not be construed to be a waiver of
any subsequent or.'other breach of the same or any covenant, condition or provision of this
Agreement, nor shall any failure on the part of the City to require or exact full and complete
compliance by Licensee with any of the covenants, conditions or provisions of this Agreement
be construed as in any manner changing the teens hereof to prevent the City from enforcing in
full the provisions hereto, nor shall the tenus of this Agreement be changed or altered in any
manner whatsoever other than by written agreement of the City and Licensee,
25
44. Time of Essence.
It is expressly agreed by the parties hereto that time is of the essence with respect to this
Agreement. If the final day of any period falls on a weekend or legal holiday, then the final day
of said period or the date of performance shall be extended to the next business day thereafter.
45. No Interpretation Against Draftsmen.
The parties agree that no provision of this Agreement shall be construed against any
particular party and each party shall be deemed to have drafted this Agreement.
46. Further Acts.
In addition to the acts and deeds recited herein and contemplated to be performed,
executed and/or delivered by the parties, the parties each agree to perform, execute and/or deliver
or cause to be performed, executed and/or delivered any and all such further acts, deeds and
assurances as may be necessary to consummate the transactions contemplated hereby.
47. Third Party Beneficiary.
This Agreement is solely for the benefit of the parties hereto and no third party shall be
entitled to claim or enforce any rights hereunder.
48. No Partnership.
Nothing contained herein shall make, or be construed to make any party a principal,
agent, partner or joint venturer of the other.
49. Headings.
Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
50. Authority.
Each of the parties hereto acknowledges it is duly authorized to enter into this Agreement
and that the signatories below are duly authorized to execute this Agreement in their respective
behalf
26
51. Entire Agreement.
This instrument and its attachments constitute the sole and only agreement of the parties
hereto and correctly sets 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.
52. Special Provisions.
This Agreement is the result of negotiations between the parties and has been
typed/printed by one party for the convenience of both parties, and the parties covenant that this
Agreement shall not be construed in favor of or against either of the parties.
53. Electronic Signatures/Counterparts.
This Agreement may be executed in any number of counterparts, each of which so
executed shall be deemed to be an original, and such counterparts shall together constitute
but one and the same Agreement. The Parties shall be entitled to sign and transmit an
electronic signature of this Agreement (whether by facsimile, PDF, or other email
transmission), which signature shall be binding on the Party whose name is contained
therein. Any Party providing an electronic signature agrees to promptly execute and deliver
to the other Parties an original signed Agreement upon request.
[Intentionally Left Blank]
27
INWITNESS WHEREOF, the parties hereto have executed this Agreement of the day and
year first above written. DocuSigned by:
ATTEST:
DocuSigned by:
By: E46D7560DCF1459...
Todd B. Hannon
City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
DocuSigned by:
ba1
oWt7Q C.31 14E'...
Ann -Marie Sharpe
Department of Risk Management
By:
WITNESS:
By:
By:
DocuSigned by:
fflumgo- uogiv
D3GD000A13704132...
Signature
ARMANDO VILLORIN
Print Name
DocuSigned by;
81B3132A5844841 C...
Signature
Armando Pomar
Print Name
CITY OF MLAMI, a municipal corporation
of the State of Florida
,-DocuSigned by:
Art- No,-ev,
By:
'-850CF6C372DD42A...
Arthur Noriega V
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
By:
EDocuSigned by:
tbr))t. wysb 111
a877-6yF €8824gB...
George Wysong
City Attorney
Matter ID #: 22-2384
LICENSEE:
ALLAPATTAH COMMUNITY ACTION,
INC, a Florida not for profit corporation
By:
28
--DocuSigned by:
1 004A3834485E400...
Signature
Miguel Del Rivera
Print Name
Chairman
Title
EXHIBIT A
DESCRIPTION OF PROPERTY
1710 NW 22nd PLACE
MIAMI, FL 33125
FOLIO NO. 01-3134-028-0200
LEGAL DESCRIPTION:
34 53 41
WASHBURNS SUB PB 4-112
LOTS 1 THRU 7 BLK 2
LOT SIZE 49870 SQ FT
Lot size of 49,870 square feet with adjusted area of 8,882 square feet
Sure C Back ha Search Raeulta
J
Folio: 01.313a-02S-02SO
Sub -Division:
WASHELIRHS SUE
Property Adams
1710 iW22 FL
Owhe£
CITYCI IAid[-DEPT OF P&U
ASSET t,1ANAGEh9EMT 4M5LON.
Maffing Address
ado SW 2 AVE STE 0325
MIA.Mf, FL B:f PC-1919
PA Frimary Tone
SGG2. PARKS & RECREAT[OW •
Flimaty Lanes use
&970 MUNICIPAL : hiUN[CIPAL
Beds 1 Batlts I Haft
Noors
t.ivinp (Snits
Aaw I Area
Living Area
Adjusted Area
Lot Size
t910
&,CF?25q. t
19,E TO Sq_FI
29
EXHIBIT B
WARRANTY DEED
[on following page]
30
Signed
0 D, WAARANTY
BTATUVw 1Y
Blade this
Between
of the Gouty of
part y of the
the County of
party of the
T 556C FACE 201
RAMCQ FORM 6
This iidrnturc,
10th
MARTHA ROSELLA
day of JULY
JOHNS ON, a Widow,
Dade
first part, and
THE CITY OF MIAMI,
Dade
second part,
, in the State of Florida
a Municipal corporation of
, In the State of Florida.
, A. D, 1967
y Utliessetft: Thai the said parf.Y of the first part, for and in consideration of the sum
of TEN ($10.00) DOLLARS and other good and valuable consider'ation3)WAM
to ner in hanci paid by the said party of the second pars, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said party of the .
second part, its heirs and assigns forever, the following described land, situate, lying
and being in the County of Dade ,State of Florida
to -curt:
An undivided one —halt (1/2) interest
of Lot 1, and the: North 30 feet,• of ;IICu+►
Lot 2, in Block 2, of WASHEDR1TS •
SUBDIVISION, according to the Plat
thereof, reoorded in Plat Book 4,
at Page 112, of the Public Records
of Dade County, Florida,
And the said part Y of the first part do es hereby fully warrant the title to saidland,
and will defend the same against the lawful claims of all persons whomsoever.
t1 tress
tct-r
heretaf, The said party of the first part has
nd and seal the day and year first above written,
delivered in presence of us.
:MAR 'HA .RO8ELLA JOHNS-0n
�.' 1? .chap
Schutto
hereunto set
t; c 566 PAGE 202
Mite of M,R= MINNESo7LA
County of .1114.TE Jct ] XOHI
i.et°eby fatly, That ort this day, .before me, an officer duly authorized in the State afore-
said and in the County aforesaid to take acknowledgments, personally appeared
MARTHA ROS ELt A J.OHATSO.N', a Widow,
to me known to be the person described in and who executed the foregoing instrument and
the acknowledged before me that the executed the same.
RIMS my hand and official seal in the County and State last
day of JULY ,A.D.1967
6)
Notary public,
My commission expires
foresail this loth
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4,
WARRANTY DUO
STATUTORY
N. S. 869,e2
k c 5Jb i FgE 200
RAMOO FORM B {hHOTo)
This Inderiture,
Made. this ,7e''iday of. Cu1y , A. D. 19 67
BETWEEN DELORES J'OHNSOL9, a single woman,
of the County of Dade , to the Stale of Florida party of the flrst par!, and
THE CITY OF MIAMI, a Municipal corporation
of the County of Dade , in the slate of Florida whose post offtco address. is
65 South west 7irSt Street, Miami, Florida,
part y of the second part,
dkltessetht, Thai the said .part y of the first part, for and in consideratton of the suns of
TEN ($10000) DOLLARS and other good and valuable consideration RANK
to her itt hand paid by the said party of the second part, the receipt whereof as hereby ac&nowl-
edged, ha S granted, bargained,- and sold to the said party of the second part, its heirs
and assigns forever, iha following described land, situate, and being in the .County of Dada
State of Florida , to-wtt;
An undivided one—half (1/2). interest
of Lot 1, and the North 30 feet of
Lot 2, in .'Block 2, of WASUBURNS'
L5UB19IVISIONr according to the Plat
0.4 ex'eof, recorded in Plat Book 4,
gat Page 112, of the Public Records
of Dade County, Florida,.
•
State of Fir"rltio, Coo' of'J1d4,
This Instrument wls r' !Had for ferard the. day 0i9877 r M. i nd duly tecotthd in OrFICtAL REO R
Boo on Pagod Ella 4 B1 i
E. 9. LEATH y,MAN
Ciorlt Giin t i19titt
•
And the said party of tha first part do as hereby fully warrant Che tide to said land, anal wi defend the
same against the lawful claims of all persons wh'omeoeaor. I'
la 101fitess vF
� hereof, Thaeaid parr', of the first part ha s
Band and seal the day and year first above written.
Signed sealed and els,orod in tho pros co of
floatP4 r
'STATE OF FLORIDA,
COUNTY or DADE
hereunto eat her
,$LOREE$ 8ON, asingle woman
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and Ix, the County aforesaid to tako acknowledgments, personally appeared
DELORES J'OHNSO.N, a single woman
to me known to be the person described in and who executed the foregoing insirumant and she acknowledged
before me that she executed the same,
WITNESS my hand and official seal in the County and State last aforesaid thisD day of
D'u1y A. D. 19 67.
ti va,
NOTARY PUBLIC, `''"'
My Coxnrnission Expa;x ,r = ;`';
NOTARY Pliai.lc, STATE of FLp )f�A of#4itia�,p
MY COMM ISIQta EXPIRES MAY"-v 974
1,014UL0 TfiR0UeII FRL°0 W, DiEt,ISV,k9 sT
,q •' sir
_ RAMOO FORM 5 (PHOTOS
arra y
STATUTORY
689.1)2
Bad
DELORES aDELNISON,
a 'single woman
THE CITY OF MIAMI
a Municipal corporation
6,7Ri-l0592
/- FILED FR REce
f a
T7 JUL 20 P 23 :
hE1-4AN
CLERK CIRCUIT CURT
2
DADE. CO.-FLA:
•
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P1"1 OF 'V&A
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1 fikbec duly. re.e9rde-4-itl, oko-4.14,P. sgg.c..4rot
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WARPANTY 0EFD
STATUTORY
F. S. 6e9,02
� 1:59�3 FAGE`
RAMao FORM B (PHOTO)
This indenture,
to
Nfade tf:is 11. day of August , A. D, I9 67
BETWEEN MZUDE M. AVERY, a widow,
of the County cf Dade ,ire the State of Florida , party of the first part, and
TEE CITY OF MIAMX, t Municipal corporation
of the County of - ,Dade , in the. State of .Florida , whose poet office addross is
65.Southwest First Street, Miami, Florida 33130,
part y of the second part,
r
#tneSsei y That Ehe said party of the first part, far and in consideration of the sum of
TEN ($10.00) DOLLARS and other good .and valuable consideration XNZIEK
to ller to hand paid by. tits said party' of the second part, the receipt whereof is hereby acknowl-
edged, has granted, bargained, and sold to the said party of the second part, its heirs
and assigns forever, the following described land, situate, and being in the Cou.nly of Dade
State of Florida , to-uiit;
ILIi
Lot 4, in H1oc% 2. of WASEi3URN'S
SUBDIVISION, according to. the Plat
thereof, r'eoorded•in Flat Hook 4 .at
Page 112 of the Public Record of,
Dade County, Florida:
State of Florida, Call*/
This inslrutrli;n# *!ram !ice Ward the if 'day at
Gg&7 at`,, ,_M, 11i14duly secardrgl in 0fiF1G.1AL RF.C7RDS eiv
Boob x—`-. .,,art Pageie "•i file ## 67R.i 0411.,
f". 0, L.EATH.fiV1APt
Clerk Cia.ii t Hart
D. a,
And the said party of the first part does hereby fully warrant the Eitle to said land, and will defend the
same against the lawful claims of all parsons wliomvo.aver,
itnes1 hoof, The said purl.y'. of the first part haS
Band • and seal the day and year first above written.
eat
Signed, sled and, iivere in the presence of:
STATE OF FLORIDA,
COUNTY OF DADE
1
•
hereunto- set
her
MAUDE N.G. AVERY, a Widow
I mum- Y CERTIFY that on this days before me, an
officer duly authorized In the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
MAU.DE M. PVERY, a Widow,
to me known to be the person described in and who executed the foregoing instrument and
before me that she executed the same,
WITNF,SS my hand and official seal in the County and Mate last aforesaid this
Ar.gu$t, A. D. 1967.
llth
she acknowledged
tVpV 7N�ItFhS Ft N.• i r
+dagieot.Ys`,
.- • . Tf;•
s
NOTARY PtYi3Lic, State oP.;
.N6IAR'i.Pglil.IC SilllE of'1 LOftItA at LARGE
MY' LGMMISSkON EkP1R€S ,14A17. 10, MO
auNnz0 114001) H Faaa Vv. o s ;MT yt.HansT
. 71231 /2/
RAAIGO PORM S iPHOTa] 7
FILFD FOR PRCLc{
arranty 1tt1
StAYU7aRY
F. S. 689_02
nikum AVERY,
a Widow,
To
Ta-ciTY of ,
A Manic pa3- porpoxation.
'&T AMci 11 PL 2: l?
E..LE m1iCCLiT
CLEf',i `sR ::i
DADE CO. FL .
n.04, FlOW_DArsz:
sal &ay itteol4eti OFErx. ii ;Wa
pe
on PAGE
Recrama
i, /r Cara Ci::r u. COMA
Y�
For, (123 rim -Ida VriVERANTT Pfl
(To Ooryor=+n,)
TUT6 LANK R60IUT.R.G U.9.PAT.OVN.0
rutHe Caw Priett,Pub/'shava,RW/anr/. N;
Made this d
20 day of December
✓1..LD•.1967
Between 0. DAVID PArRISH and d'AN T. PARRISH, his wire,
of the County of Dade and State of Florida
parties of the first part, and
TIM CITY 0P MIAMI, a municipal
corporation existing under the. laws. of the .Suite of Florida
having its principal place of business in the County of Dade and
State of Florida party of the second part,
W iuueSSeth, that the said parties. of the first part, for and in consideration,
of the sure .of '1'Qn Do11are and other good ,!.c valuable considerati gia0;
to therm in. hand paid, the receipt whereof is hereby acknowledged, ha
granted, bargained, sold, aliened, remised, released, enfeoffed, conveyed and eon -
firmed and by these presents do grant, bargain; sell, alien, remise, release,..
enfeoff, convey and confirm unto the said party of the second part and its suoaes
sors and assigns forever, all that certain parcel of land Ding and being in tics
County of Dade and State of Florida, more particularly
described as follows;
Trot ,, in Block 2, of WASHBURN' S .
SUBDIVISION, according to the plat
thereof recorded in Plat Book
page 11.2, o.0 the public records off'
Dade County, Florida, also known
as 1690 N. W. 22nd Place, Miami,
Florida, with improvements thereon,
Together with all the tenements, hereditaments and appurtenances, with
every prwilege, right, title, interest and .estate, dower and right of dower, reversion,
remainder and easement thereto belonging or in anywise appertaining;
To Rave and to Hold the samein fee simple forever.
,Ind the said parties of the first part do covenant with the said party of
the second part that they are lawfully seized of the said premises, that they are
free of all inoumbranoe, and that they have good right and lawful authority
to sell the same; and that said part of the first part dour, hereby fully warrant
the title to said land, and will dafend the same against the lawful claims of all
persons. whomsoever,
In Witness Whereof, the said parties of the first part have hereunto
set their hand: and seals the day and year above written.
Signed, Sealed and Delivered ht Our P,aeeence:
,67
State 011410 da,
cotmfy of Dade
I HEREBY CERTIFY, That on this 20 day of Decry nher
.4. D. 19 67, b.efare 77L' personally appeared
G. David Jarria i and
Jan T. Pant:ski, the wife of G. David Parrish,
to me known to be the person described in and who executed the foregoing
conveyance to The 0:tiny 0-f : ii$.m;t, a municipal. e:o.rpoaiat:len of the
State. of i5'7.oxi.d,a.
and severally acknowledged
the exe.oution thereof to b.e thel.r free cot and deed for the uses and. purposes
therein mentioned.
WIT1 ESS my signature and -official seal at M ami
�R, • °'" li my f" and State of the day and
Un i2 Cv o made Florida,r
1/ r XpireSAM'w /t OTC 9 • No0c47/
rn
oas
ei wr. S'
n rrt 21
hp N.5
0
t. r„ =c S
i : 0'0 '-'l �' cr,
cj c. r1. c"3 h
a' cn �11
R C 592
WARRANTY DEED
ITO CORPORATION)
`this Trska•ument Was Prepareci ny:
ANTHONY J. DoLUCCA, 8R„ Aitarney
155 N. E. 2nd St., Miami, Florida,
RAMCtl's PORN! a4
O f fto 4tt.bru#urg, tlIacle, this 25th day of April , A. D. T968
BETWEEN AMELIA SMOYER, the unremarried widow of GLEN S. SMOYER,
of the County of D'de artd State of Florida
part y of the first part, and CITY OF MIAMI, a municipal corporation , y'7
in Dade County',Florida, 65 S.W. First Street, Miam±, F1or.ca,
existing -under the lawf of' the State of Florida , having its principal place of
business in the County of Dade and State of Florida
and lawfully authorized to transact business in the State of Florida, party of the second part.
WITNESSETEI: That the said part of the first part, for and in consideration of the • sum of
TEN DOLLARS and o. g . rr . c. b
to he r in hand paid by the said party of the second part,the receipt whereof is hereby acknow.
ledged, has granted, bargained and sold to the said party of the second part, itsrrurcessors and
assigns, ..I Eg: . ...
g forever, the following described land situate, lying and being in the County of ,...1 `✓' etATE of aomA
tIOCUMENTARY
Dade and State of Florida, to -wit: SUR TAX .. r
4 ".r
Lot 3 and the South twenty,.(20) Feet
of ,Dot 2, Block 2, of WASHBURN' S
SUBDIVISION, according to the Plat
tkiereof, as recorded iyi, ':,;lat Book' ,
-at.Page 112 of the Publle Records o,'
Dade County, Florida... ;
$ i l oo
- ' ��.y"TATS OF FLORA
DOCUMENTARY '
SUR TAX
SUBJECT TC.0 L) Real property taxes for the year 1968 anti.
s,ub4equent years.
2) Conditions, restrictions and zoning ord.nanoes
of reoord.
, •
L�OCIl 1kPITARY - SIA1jr TAX 1
z .
And t& .said parry of the first part does hereby fully warrant the title to said land, and will defend
the same against the lawfur.l claims of all persons whomsoever.
IN WITNESS WHEREOF, the ,said party of the first part has hereunto set her
hand and seal the day and year above: written.
Sign; staled and drrlliivsrrr,d n presence Of us:
1�%GGxd2�. .
(Seal)
(Seal)
01
�cc t)U U fr,cE JL �
STATE of FLORIDA,
COUNTY.OF, ,
3.HPirb ' atexfii`}i, 'hr<t,on ,this. day personally .appearp,d bef are. me, An officer duly authorized
to administer oaths and tri.ke a ohnowledgmants,
to me well known to be the person described in and who executed the foregoing deed, and acknow-
ledged.befort' me that executed the same freely and voluntarily for the purposes therein
expressed.
A tit XurifX ti , That the said , .known to me
to be the wife of the said • , on a separate and private
examination taken and made'by,and boforo me, separately and apart from her said husband, dirl,aknow-
ledge that she made herself a party to said deed for the purpose of renouncing, relinquishing •and•conveying
all -her right, title and. interest, whether dower, homestead. or of separate property, statutory or equitable,
in and to the lands descibed therein, and that site executed the said deed' freely and voluntarily and with.
out any compulsion, constraint, apprehension, or f ear of or from her said husband.
kttte ti my hand and officio/ seal at County of
and State of Florida, this
STATE OF FLORIDA,
County of DADE
nelfidi'j (mMfg That on this clay personally appeared before me, an off ix.'ar duly authorized
to rulraiir.isier oaths and take acknowiedgments, AMELIA SMOYER, the unremar2 ie•d widow
of GLEN S . SMDYER-,
to rne well known to bi+ the person described iri an al Who executed 'the foregoing deed, 'c[nd acknow•
lodged before me that she executed the same freely and voluntarily for the purposes therein
expressed;
-fl,t{ aN,rsu
•
Ipt ' my hand and official seal at
Miami County of Da
and State of Florida, this 25th day a e r .1
day of ,A.D,19
Notary Public, State of
My commission expires
My Comm i1rn
NOTARY PUBLIC,STIt'f!i taF-AIQAlb ..etLRR(ia
MY COMMISSION WIRES' "NOV.lir:188,8.
ewiunu, xnti0u�n Fruj;p rr, voesT„bHona'C
ttc
to
imV
.f+.E. 6362 DACE 348
Cis
WARRANTY OEEO
OFFICIAL .FORM 5
IPHOTOSTA71
lett- nuty eb
OFFICIAL LEGAL FORMS
HIALEAH, FLORIDA
.JStbeitture, Made this 9th day of April , A, D,1969
ettliten ALICE L. SCOTT, a ,single woman, '
of the County of Dade , in the State of Florida, part y of the first part, and
THE CITY OF ML IIX, a Municipal corporation of the State of .Florida,
Miami Dinner Key, Florida 33133,
of the County of Dade , in the State of Florida, party of the second part.
iin tet j, That the said part y of the first part, for and in consideration of the
sum of Ten Dollars and Other Good and Valuable Considera.tionsDaxttrI
to her in hand paid by the party of the second part, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to Me said party of the
second part, its. ,$xt.gru,a.assigns,, forever, the fallowing described land, Situate, lying
and being in Me County.vf Dade i and State of Florida, to -wit:
Lots :6 and 7, Kook 2, NASHBUR' S SU.BDJ IS.TON,
according .to- the Plat thereof, recorded in Plat
Bonk 4.; Dage:,112, of the Public Records of bade
County �ori.ds.
R TAX .:
. 5.
And the said part y of the first part do es hereby fully warrant title to said land, and
will defend the same against the lawful claims of all persons whomsoever.
AliVILiftne0 Vlibereof„ the said part y of the first part has hereunto set her
hand and seal the day and year above written.
Oignet, zeateb anti belibev eb in pve ence of
C L., SCOTT.-I "
"Mate of _flotilla,
Comity 0. DADE
3 exsbp tettitp that on this day personally appeared before me, an. officer duly
authorized to administer oaths and take acknowledgments, ALICE L. SCOTT, a single
woman,
to me well known to be the person described in and who executed the foregoing deed, and
acknowledged before one that she executed the same freely and voluntarily for' the pur-
pose therein expressed.
Nittrtea my hand and of cial seal at Hialeah,
County of Dade and State of E'lorid.a
day of April , A. D, 79 69 .
My commission expires:
his Instrument Was Prepared ey;
BRNEST N. STAMEY, Attorney
76 E. Afh Strait, .ilirlaeh, Florida
Mato of F'ortda, Corinty of Uado
this frietivi nt was rllsd tor r000rd 9ha_ da at 4/
19i9 t:. -26 , and .duly r girded In OFFICIAL COIi
000$� an Palls 1q No, a 1 r. E.-9, LEATTHERMAN ,1
Clorh Circuit Court By •. ,_ .0
EXHIBIT C
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE FOR
ALLAPATTAH COMMUNITY ACTION, INC. (ELDERLY)
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 500,000
B. Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV.
V. Employer's Liability
VI.
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident.
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
TV. Property
Commercial Property Insurance covering the Building and Business Personal Property owned by
Allapattah Community Action Inc. Commercial property insurance shall, at a minimum, cover
the perils insured under the ISO Special Causes of Loss Special Form (CP 10 30), or a substitute
form providing equivalent coverages written on an All Risk or Direct Physical Loss or Damage,
including wind and named storm coverage and hail, and flood. Ordinance and law coverage and
debris removal shall also be included as well as business income. The property COI must reflect
replacement cost valuation, and list the City as loss payee.
V. Professional/E&O
Limits of Liability
Each Claim
Policy Aggregate
VI. Student Accident
$l,000,000
$1,000,000
$10,000
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change, or in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies
and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
32
EXHIBIT D
CITY OF MIAMI RESOLUTION
[see following page]
33
City of Miami
Legislation
Resolution
Enactment Number: R-22-0450
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov,com
File Number: 12764 Final Action Date:11/17/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT
"A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND. EXECUTE A REVOCABLE LICENSE AGREEMENT
("LICENSE"), IN A.FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE
CITY OF MIAMI ("CITY") AND ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA
NONPROFIT CORPORATION ("LICENSEE"), FOR THE CONTINUED USE OF THE
CITY -OWNED PROPERTY LOCATED AT 1710 NORTHWEST 22 PLACE, FOLIO NO.
01-3134-028-0200 MIAMI, FLORIDA TO PROVIDE ELDERLY INDIVIDUALS WITH
DAILY LUNCH TIME MEALS AND EDUCATIONAL AND RECREATIONAL
ACTIVITIES, FOR AN ANNUAL USE FEE EQUAL TO TWO HUNDRED ($200.00)
DOLLARS, PLUS TAXES (IF APPLICABLE), WITH TERMS AND CONDITIONS AS
MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT
WHEREAS, the City of Miami ("City") is the owner of the property located at 1710
Northwest 22 Place, Folio No. 01-3134-028-0200, Miami, Florida ("Property"); and
WHEREAS, the City entered into a Revocable Permit ("Permit") on September 16, 1985,
with Allapattah Community Action, Inc. ("Licensee") for use of the Property to allow Licensee to
provide daily lunch time meals, Mondays through Fridays, and educational and recreational
activities to approximately five hundred (500) elderly individuals in the Allapattah area; and
WHEREAS, the Permit was valid for a period of five (5) years commencing on October
1,1985 and terminating on September 30, 1990, with additional one (1) year extension periods
upon request by Permittee; and
WHEREAS, in light of the various benefits provided to the community by Licensee, the
City has determined it is in the City's best interest to enter into a Revocable License Agreement
("Agreement") to allow Licensee to continue to provide the services indicated herein above to
the elderly population in the Allapattah area under the same terms and conditions as the original
permit, subject to the inclusion of certain insurance requirements and such changes required by
the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section 18-85(a) of the Code of the City of Miami, Florida ("City
Code"), by a four -fifths (4l5ths) affirmative vote, after an advertised public hearing, the City
Manager's written findings, attached and incorporated as Exhibit "A," that competitive
negotiation methods and procedures are not practicable or advantageous, and waiving the
requirements for said procedures, are hereby ratified, approved, and confirmed.
Section 3. The City Manager is hereby authorized' to execute the Agreement, in a form
acceptable to the City Attorney, between the City and Licensee, for the continued use of the
Property, to provide elderly individuals with lunch time meals and educational and recreational
activities, providing for an annual use fee equal to two hundred dollars ($200), with terms and
conditions as more specifically set forth in said Agreement.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
AGENDA ITEM SUMMARY FORM
File ID: #12764
Date: 10/13/2022
Commission Meeting Date: 11/17/2022
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 1
Type: Resolution
Subject: Auth. City Manager - Elderly - Allapattah Community Action
Purpose of Item:
A Resolution of the City of Miami Commission Authorizing The City Manager to
negotiate and execute a Revocable License Agreement ("Agreement), in a form
acceptable to the City Attorney, between the City of Miami ("City") and Allapattah
Community Action, Inc., A Florida Nonprofit Corporation ("Licensee"), for the continued
use of the City -Owned property located at 1710 NW 22 Place, formerly known as 2251
N.W. North River Drive, Miami, Florida to provide elderly individuals with daily lunch
time meals and educational and recreational activities, for an annual use fee equal to
two hundred ($200.00) dollars, plus taxes (if applicable), with terms and conditions as
more specifically set forth in said agreement.
Background of Item:
The City of Miami ("City") is the owner of the property located at 1710 N.W. 22 Place,
formerly known as 2257 N.W. North River Drive, Miami, Florida, Folio No. ("Property").
The City entered into a Revocable Permit ("Permit") on September 16, 1985, with
Allapattah Community Action, Inc. ("Licensee") for use of the Property to allow Licensee
to provide daily lunch time meals, Mondays through Fridays, and educational and
recreational activities to approximately 500 elderly individuals in the Allapattah area.
The Permit was valid for a period of five years commencing on October 1,1985 and
terminating on September 30, 1990, with additional one year extension periods upon
request by Permittee. In light of the various benefits provided to the community by
Licensee, the City has determined it is in the City's best interest to enter into a
Revocable License Agreement ("Agreement") to allow Licensee to continue to provide
the services indicated herein above to the elderly population in the Allapattah area
under the same terms and conditions as the original permit, subject to the inclusion of
certain insurance requirements and such changes required by the City Attorney.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Reviewed By
Department of Real Estate and Asset Management
Review Completed 10/23/2022 9:36 AM
Office of Management and Budget Pedro Lacret
Office of Management and Budget Marie Gouin
City Manager's Office Larry M. Spring
Legislative Division Valentin J Alvarez
City Manager's Office Arthur Noriega V
OMNI Community Redevelopment Agency
Office of the City Attorney Victoria Mendez
City Commission Maricarmen Lopez
Office of the City Clerk City Clerk's Office
Jacqueline Lorenzo Department Head
Budget Analyst Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Isiaa Jones
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Comp feted
Completed
ACA Review
Completed
Compfeted
Completed
10/24/2022 10:36 AM
10/24/2022 10:57 AM
10/26/2022 9:57 AM
10/26/2022 11:12 AM
10/26/2022 12:52 PM
Completed
11/06/2022 9:42 PM
11/17/2022 9:00 AM
11/18/2022 11:48 PM
EXHIBIT E
CORPORATE RESOLUTION
[see following page]
34
CORPORATE RESOLUTION
WHEREAS, the City of Miami has agreed to issue a Revocable License to
ALLAPATTAH COMMUNITY ACTION, INC., for the Elderly Center, located at 2257
NW North River Drive, Miami, Florida 33 l 25; and
WHEREAS, ALLAPATTAH COMMUNITY ACTION, INC., has agreed to accept this
License; and
WHEREAS, the Board of Directors of ALLAPATTAH COMMUNITY ACTION, Inc.,
has examined terms, conditions, and obligations of the attached Revocable License with
the CITY OF MIAMI, for Elderly Center; and
WHEREAS, The Board of Director of ALLAPATTAH COMMUNITY ACTION., at a
duly corporate meeting has considered the hatter 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 Chairman and/or Secretary be
hereby authorized to enter into a Revocable License in the name of and on behalf of this
corporation, with the City of Miami
IN WITNESS WHEREOF, this 2nd day OF May 2024
Armando Pornar
Secretary/Treasurer
EXHIBIT F
REPORTING REQUIREMENTS
TYPE OF REPORT DUE DATE
Audited Financial Statement
Form 990
Clients Served
No later than 180 days after end of fiscal
year
No later than 30 days after its been
submitted to the IRS
No later the 15th of November following the
Anniversary Date of Agreement
35
ACOREr
CERTIFICATE OF LIABILITY INSURANCE
DATE
12/06/2023
THIS CERTIFICATE IS ISSUED AS. A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE
OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder lean ADDITIONAL INSURED, the policy(ies) must be endorsed, if SUBROGATION IS WAIVED, subject to the terms and
conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in Ileu Of
such encforsement(s).
PRODUCER
Inter Continental Investment & Advisory, Inc,
4000 Towerslde Terrace
Suite 910
Miami, FL 33138
'
CONTACT NAME: Manuel A. Perez
PHC)NE (A/C, No, Ext)l '786 677-3995
FAX 305-468.8414
(A/C, No):
I:.MAIL ADDRESS: maple p•e.co
INSURER(S) AFFORDING COVERAt9E
NAIC //
INSURER A : Ategrlty Specialty Insurance Company
1,6427
INSURED
Allapattah Community Action, Inc. CC
1836 N.W, 22nd Place
Miami, FL 33125
INSURER 1$ ; National Llabllity & Firs
2005Z
INSURER C : Ascendant Commercial Insurance Company
15683
INSURER D: The Harfard
3,.9682
INSURER Ei : Westchester
10172
INSURER F:
•
VISION NUMBER;
l'W VCRHlaGO vF..,,, ,, •vra ,.. ,��.,e,+... ,.,, .. _.
THIS l5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE
POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
ADMINS°u7VD
POLICY NUMBER
POLICY EFF
(MM/D3T YY/
FoLICY NO
(MM/D0/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
X
01-C•PK•P20058708.0
07/01/23
07/01/24
EACIIOCCURRENCE
$1,000,000
TO RENTED'
ClAtMS•MADE
�X
L.
OCCUR
DAMAGE
PREMISES {each occurrence)
$100000
,
MED EXP {Anyone person)
$5,000
PERSONAL & A➢V INJURY
$1,000,000
GENERALAGGRI:GATE
PRODUCTS — COMP/OP AGG
$2,000,50(i
Included
GEN'LAG6REGATE LIMIT APPLIES PER:
r
POLICY PROJECT I LOC
AUTOMOBILE LIABILITY
X
X
73APR42124e
12105123
12106/24
COMBINED ),INGLE LIMIT
accident).
BODILY INJURY (Per person)
$500,000
$
ANY AUTO
ALL OWNCD AUroti
RIRED AUTOS
X
X
SCHEOULEY AUTOS
N0N•QWNED AUTOS
BODILY INJURY/Per 3CClddntl
PROPERTY DAMAGE
(Per accident)
$
X
Callisian & ComprohensEVe
$1,000 DE/la
OCCUR
EACH OCCURRENCE
$
UMIIBELLA LIAR
x
C
CLAIMS -MADE
AGGREGATE
$
EXCESS LIAR
DED RETENTION $10,000
$
WORKERS
COMPENSATION
N/A
WC-71054-6
06/13123
06/13/24
X
WCSTATU•
TORY LIMITS
OTH-
ER
AND EMPLOYERS` LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
FF�Y//Ny��
E.L. EACH ACCIDENT
$100,000
OFFICER/MEMBER EXCLUDED?
L
E,L DISEASE - EA EMPLOYEE
$100,000
(Mandatory In NH)
GT., DISEASE -POLICY LIMIT
$600,000
IF yes, describe under DESCRIPTION OP OPERATIONS
Ei
E
D
A
BUILDING I CONTENTS P181
BUILDING I CONTENTS P281
STUDENT ACCIDENT
PROFESSIONAL LIABILITY
FSF1e761977 001
FSF15761977 001
21,BSR-101287
01-C-PK•P200511708.0
07/01/23
07/01/23
07/01123
07/01/23
07/01/24
07/01/24
07/01/24
07/01/24
SPECIAL $491,6071$150,000
SPECIAL $700,000/$100,000
ACC DEATH/DSMNT $10,000/$20,000
LIMITS $1,000,000/$2,000,000
DESCRIPTION
SEXUALAN0
OPERATIONS
PROPERTY
OF OPERATIONS / LOCATIONS / VEHICLES (ACORU 101, Additional Remarks Schedule, may be attached If mare space Is required)
PHYSICAL ABUSE IS INCLUDED, 30 DAYS NOTICE OF CANCELLATION, THE CITY OF MIAMI IS LISTED AS. AN ADDITIONAL INSURED WITH RE5PECTTO GENERAL LIABILITY ARISING OUT OF THE
OP THE NAMED INSURED. COVERAGE iS AFFORDED FOR CONTINGENT AND CONTRACTUAL EXPOSURES AND THE GENERAL.LIABILITY SHALL BE PRIMARY AND NON CONTRIBUTORY,
WIND DEDUCTIBLE 3% • DEDUCTIBLES WIND 5% OTHER PERILS $1,000
CERTIFICATE HOLDER
CITY OF MIAMI
DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT
444 SW 2ND) AVENUE
MIAMI, FL 33130
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AL
THORIZ6!] REPRESENTATIVE
Manual A. Perez, Agent
0:1988 2010 ACORD CORPORATION. All rights reserved
ACORD 26 (201()/05) The ACORD name and logo are registered marks of ACORD
Olivera, Rosemary
From:
Sent:
To:
Cc:
Subject:
ro�
Allapattah_Com...
Good afternoon, everyone,
Blue, Sabrina
Tuesday, May 14, 2024 5:01 PM
Olivera, Rosemary; Ewan, Nicole; Hannon, Todd
Frey, Andrew; Bustamante, Aldo; Pivovarov, David; Castellon, Thalya
Allapattah_Community_Action_Elderly_Lease_Contract_Matter_ID_22-2384
Please find attached a fully executed copy of a Revocable License agreement from DocuSign that is to be considered an
original agreement for your records.
Sc'dyrCvux, Blue/
Assistant to Director
Department of Real Estate &
Asset Management "DREAM"
444 SW 2nd Avenue, 3rd FL
Miami, FL 33130
sblue@miamigov.com
www.miamigov.com
1