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HomeMy WebLinkAboutR-02-1180J-02-914 10/22/02 RESOLUTION NO. 02-1180 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A DONATION OF THE ORIGINAL MIAMI HIGH SCHOOL BUNGALOW BUILDING (--BUNGALOW'') FROM KV BRICKELL PARTNERS, LTD. ("DONOR'') TO THE CITY, AS EVIDENCED BY A BILL OF SALE ("EXHIBIT B11), IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO EXECUTE A WRITTEN ACKNOWLEDGMENT OF THIS SIGNIFICANT GIFT AND TO EXECUTE AN AGREEMENT FOR TRANSFER OF THE BUNGALOW, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE DONOR; AUTHORIZING THE ACCEPTANCE OF $35,000 AND $41,351 IN DONATIONS FROM DADE HERITAGE TRUST FOR THE MOVING AND STABILIZATION OF THE BUNGALOW; FURTHER APPROVING THE PLACEMENT OF THE BUNGALOW IN SOUTH SIDE PARK LOCATED AT 100 SOUTHWEST 11TH STREET, MIAMI, FLORIDA. WHEREAS, one of the City's most significant historic buildings is the wooden 30 X 75 foot Bungalow Building (-'Bungalow "), located at 79 Southwest 12`h Street, Miami, Florida, which was opened in 1905 by the School Board as the first high school building in this County, which proudly bore the name of Miami High School; and WHEREAS, Miami High School classes were conducted from 1905 to 1911 at the Bungalow; and WHEREAS, the Bungalow is of great historic, educational, architectural, civic, and community importance to the City of Miami and Miami -Dade County; and CITYCOPOWWON MEETING 0 C T 2 9 2002 Fies[utim Ade. U2--1180 WHEREAS, KV Brickell Partners, Ltd. ("Donor "), owner of 79 Southwest 12th Street legally described in "Exhibit All, wishes to make a significant and generous donation of the Bungalow to the City of Miami, providing, however, that the Bungalow is used for municipal, public, civic, educational and allied purposes and has graciously agreed to donate to Dade Heritage Trust ('DHT I ) the sum of $35,000 for moving and stabilizing the Bungalow; and WHEREAS, the Bungalow is currently leased to private individuals as a residence and the Donor affirmed that it will have the tenants vacate the Bungalow when the Donor conveys the Bungalow to the City; and WHEREAS, the Donor further affirms that the Bungalow is free of liens, encumbrances and occupants at the time of transfer to the City; and WHEREAS, the City has committed the expenditure of $250,000, payable from Municipal Historic Preservation Bond Funds for the transference of the Bungalow to a municipal park in the City of Miami, where the Bungalow shall be maintained subject to compliance with bond covenants and applicable City Charter and Code provisions; and WHEREAS, the Donor will convey the Bungalow to the City via a Bill of Sale ("Exhibit B" ) and the Donor and the City shall Page 2 of 5 02--1180 enter into an Agreement for Transfer of the Bungalow Building; and WHEREAS, DHT has received $41,351 in private donations and $35,000 from the Donor will be donated to the City for the relocation and stabilization of the Bungalow; and WHEREAS, the City Commission has established a policy that public hearings be held for consideration of changes in use at City of Miami parks to provide the community opportunity for comment relating to the proposed use changes; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The acceptance of the generous donation of the original Miami High School Bungalow Building to the City of Miami from KV Brickell Partners, Ltd. to the City, as evidenced Page 3 of 5 p2-1.80 by a Bill of Sale ( "Exhibit B" ) , in substantially the attached form, is authorized." Section 3. The City Manager is further authorized" to execute a written acknowledgment of this significant gift and to further execute a Transfer of Bungalow Building Agreement, in substantially the attached form, with the Donor. Section 4. The City Manager is authorized" to accept the donation of $35,000 and $41,351 from Dade Heritage Trust for the relocation and stabilization of the Bungalow. Section 5. The placement of the Bungalow in South Side Park located at 100 Southwest 11th Street, Miami, Florida, is approved. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor." 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 21 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 5 02-1180 PASSED AND ADOPTED this 29th ATTEST: PRISCILLA A. THOMPSO CITY CLERK k0rAlWO VILARELLO I7f ATTORNEY W6647:tr:AS:BSS AND CORRECTNESS day of October 2002. MANUEL A. DIAZ, MAYO Page 5 of 5 02-1180 EXHIBIT "A" Lots 14 and 15, Block 86, CITY OF MIAMI SOUTH, according to the Plat thereof, recorded in Plat Book `B", at Page 41, of the Public Records of Miami -Dade County, Florida. (MIOSS737 2) 02-1180 EXHIBIT "B" BILL OF SALE KV Brickell Partners, Ltd., a Florida limited partnership, the address of which is 444 Brickell Avenue, Suite 218, Miami, Florida 33131 ("Donor" or "KV Brickell'), in consideration of the sum of ten ($10.00) dollars to Donor paid by the City of Miami, a Florida municipal corporation, whose address is 444 SW 2" Avenue, Attention: Office of the City Manager, 10`x' Floor, Miami, Fl. 33130 ("City"), the receipt and sufficiency of which is hereby acknowledged, does hereby grant, give, assign, transfer, convey and quitclaim to the City, its executors, administrators, successors, and assigns, all of the Donor's right, title, and interest in that certain building consisting of a wooden bungalow and all fixtures and improvements on the interior or exterior of such building(the `Bungalow")., which building is currently located on property of the Donor bearing a street address of 79 SW 12'' Street, Miami, Florida, as described on Exhibit A attached hereto (the "Lot"). The Donor hereby conditionally gives and conveys the Bungalow free and clear of all liens and personal property taxes, so that the Bungalow may be used for any and all municipal, public, civic, educational and community purposes as are allowed by the City, providing however, that in the event the Bungalow has not been relocated by the City off the Lot within the times set forth in the Agreement for transfer of the Bungalow this Bill of Sale shall automatically, and without further act by the City, be null and void and all right, title and interest conveyed to the City hereunder shall revert to KV Brickell and KV Brickell may at any time thereafter demolish the Bungalow. The Bungalow is transferred and accepted by the City in the "AS IS" condition of the Bungalow existing on the date of this Bill of Sale. The Bungalow is transferred without any representation or warranty of the Donor. The Donor has been advised, but does not represent or warrant, that the Bungalow was erected by the Miami -Dade County School Board in 1905 and was the first high school in Miami -Dade County and the first school to bear the name Miami High School. The City, in accepting this Bill of Sale agrees to remove and relocate the Bungalow off of the Donor's real property, all as more particularly provided in that certain Agreement between the Donor and the City dated concurrently herewith. This gift is binding upon the Donor, its successors, and assigns. k. The City shall not record this Bill of Sale in any State or County real estate or recording office until the Bungalow has been fully relocated to a municipal park. {M1058737 2} 10 02-x.180 Dated this day of 2002, and given at Miami, Miami -Dade County, Florida. DONOR KV BRICKELL PARTNERS, LTD. BY: , KV Brickell Station, Inc. It's Sole General Partner By: Name: Title: Witnesses: Name: Name: STATE OF FLORIDA) ) ss: COUNTY OF MIAMI-DADE) BEFORE ME, the undersigned authority, personally appeared 'who after first being duly sworn, deposes and states that he/she executed the foregoing. He/she is personally known to me or has produced as identification and did/did not take an oath. SWORN AND SUBSCRIBED to before me this day of .2002. My Commission Expires: Signature of NOTARY PUBLIC STATE OF FLORIDA 4 Type, Print or Stamp Name of NOTARY PUBLIC This instrument prepared by Rafael Suarez -Rivas, Assistant City Attorney City of Miami City Attorney's Office 444 SW 2"1 Ave., Suite 945 Miami, Fl. 33130 t {Ml038737 2} 11 _ 02-1180 AGREEMENT FOR TRANSFER OF BUNGALOW BUILDING THIS AGREEMENT FOR TRANSFER OF BUNGALOW BUILDING (this "Agreement") is made and entered in this , 2002, by and between KV Brickell, Partners, Ltd., a Florida limited partnership, the address of which is 444 Brickell Avenue, Suite 218, Miami, Florida 33131 ("KV Brickell") and the City of Miami, a Florida municipal corporation in the state of Florida, the address which is 444 SW 2nd Avenue, Miami, Florida 33130 ("City"). WHEREAS, KV Brickell is the Owner of that certain parcel located in the City of Miami, Miami -Dade County, Florida, the street address of which is 79 S.W. 12 Street, Miami, Florida, and which is legally described in Exhibit "A", hereto (the "Lot"), together with all improvements thereon; WHEREAS, one of the improvements on the Lot is a one story wooden structure which is used, as of the date of this Agreement, as residential apartments; WHEREAS, the Dade Heritage Trust ("DHT"), which has data about and expertise in identifying historic structures in Miami -Dade County, Florida, has determined that the one story wooden structure located on the Lot, as of the date of this Agreement, is the original structure that was Miami High School ("the Bungalow"); WHEREAS, the City of Miami, a municipal corporation in the State of Florida "the City"), will undertake efforts to relocate the Bungalow off of the Lot, move it to a City -owned park and cause the Bungalow to be renovated and restored; WHEREAS, the City, pursuant to Resolution No. of the City Commission, has agreed to fund a sum of not more than $250,000 of City monies, to partially pay the costs of relocating, renovating and restoring the Bungalow; and WHEREAS, these funds are bond proceeds and must be expended for their intended purposes; and WHEREAS, as of the date of this Agreement, it is anticipated that the City Commission of the City will formally act to accept the generous gift from KV Brickell and acquire title to the Bungalow. Until passage of a formal Resolution of acceptance of this gift being duly adopted by the City Commission of the City, accompanied by an execution of xhis Agreement by the parties, there can be no binding obligation upon the City. The City Manager shall execute this Agreement within ten (10) days after City Commission approval but in no event later than October 30, 2002 or this Agreement will be null and void; and WHEREAS, KV Brickell and City desire to confirm the agreements between them regarding the Bungalow, without further delay. (M1058737_2) 1 02-1180 NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements between the parties, KV Brickell and City agree as follows: Recitals The foregoing recitals are true and correct and are incorporated herein by reference. 2. KV Brickell Transfer of the Bungalow to City 2.1 Subject to the conditions precedent contained in Sections 3.3, 3.6, 4.1 and 4.3 below, KV Brickell agrees to transfer to the City title and possession to the Bungalow. Such transfer will be affected by a Bill of Sale, in substantially the form attached as Exhibit `B", hereto, and without warranty, except only that KV Brickell owns and holds good and sufficient title to the Bungalow Structure and that such title is free of encumbrances, impositions, levies, charges, liens and leases, as hereinafter provided in Section 4 below. KV Brickell shall promptly effect the transfer of title to the Bungalow to the City by tendering the executed Bill of Sale attached as Exhibit `B"to the City at the time KV Brickell notifies the City, as provided in Section 4.1 herein, that it has removed the tenants from the Bungalow. If the removal of the Bungalow by the City has not been completed within one hundred (120) days from September 13, 2002, as adjusted by any extension granted under Section 4 herein, this Agreement will be null and void as of that 120`x' day following September 13, 2002. KV Brickell will then have the right to demolish the Bungalow. The City and KV Brickell agree that if on the 120th day, as adjusted by any extension granted under Section 4 herein, the removal of the Bungalow is substantially completed KV Brickell shall automatically grant the City one, (5) five day extension to conclude the removal. At such time, and only in the event that, the City has removed the Bungalow from the Lot as provided herein, KV Brickell will make a cash charitable contribution to the DHT in the amount of Thirty -Five Thousand Dollars ($35,000) restricted to use for the betterment of the Bungalow. Subject to the requirements of this section, it is understood and agreed that once the City Commission approves this Agreement that KV Brickell's gift of the Bungalow is irrevocable and cannot be withdrawn. 2.2 Subject to the requirements of §2.1, KV Brickell agrees to transfer title to the Bungalow to the City as a donation to the City, in recognition of its purpose to grant a gift which furthers historic preservation and educational, cultural, civic, municipal and community interests, and KV Brickell agrees that the City shall have no obligation to compensate KV Brickell for its transfer of title to the Bungalow to the City. The City acknowledges that it has no rights, claims, or entitlements, of any nature whatsoever whether real or personal, in and to the Lot, arising under this Agreement, or upon the City's acquisition of title to the Bungalow, or otherwise. The City, for itself and its officers and employees, waives any right or claim to the Lot, except solely the temporary license granting access to the Lot to prepare for the Bungalow to be physically removed from the Lot. The term of this temporary, non-exclusive license shall commence with the date KV Brickell executes and delivers the Bill of Sale and shall end on the earlier of one { M 1058737_2 } 2 02-1180 hundred twenty (120) days following September 13, 2002, unless such date is extended by the parties as is provided by §2.1 or §4.1 herein. 3. Agreement of the City 3.1 The City agrees to accept KV Brickell's transfer of title to the Bungalow, in accordance with §2.1 above. 3.2 The City operates a self-insurance program under the laws of the State of Florida. Nothing in this agreement shall be construed to require the City to maintain insurance. City represents that it is self-insured for actions to recover for injury or loss of property, personal injury or death caused by the negligent or wrongful act or omissions of its officers and employees. City shall provide evidence of its self-insurance program acceptable to KV Brickell. In addition, KV Brickell may procure general liability insurance covering its operations at the Lot and related liability. If KV Brickell procures general liability insurance the City shall be named as an additional insured. If the insurer imposes a charge to name City as an additional insured, City shall bear such direct premium cost or forgo being named as additional insured. Notwithstanding the above, the parties shall each require that third parties using the Lot on their behalf prior to or concurrent with the transfer of the Bungalow furnish them with evidence of the following insurance coverage to both parties: A. Commercial General Liability insurance on a comprehensive general liability coverage form, or its equivalent, including contractual liability, products and completed operations, personal injury and property and operations coverage against all claims, demands or actions, bodily injury, personal injury, death or property damage occurring in the Lot with such limits as may be reasonably requested by the City from time to time but not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. The City shall be named as Additional Insured on the policy or policies of insurance. The third party shall also obtain and maintain in force for the length of the agreement a $1,000,000 Excess Umbrella type policy taking effect on top of the base $1,000,000 required. B. Worker's Compensation in the form and amounts required by Florida law. The City Risk Manager reserves the right to amend the insurance requirements in accordance with reasonable industry practice by the issuance of notice in writing to the KV Brickell. The City and KV Brickell shall require third party's to provide any other insurance or security reasonably required by the City. Any policy or policies of insurance, which are required under this section, shall be so written that the policy or policies may not be canceled or materially changed without { M 1058737_2} 3 02-1180 thirty (30) days advance written notice to City and to KV Brickell. Said notice should be delivered to the City of Miami, Department of Risk Management, 444 SW 2 Avenue, 9d' Floor, Miami, FL 33130 with copy to City of Miami, Office of Asset Management, 444 SW 2 Avenue, 3`d Floor, Miami, FL 33130. A current Evidence of Insurance and Policy of Insurance evidencing the aforesaid insurance coverage shall be supplied to the Office of Asset Management of the City at least (15) fifteen days prior to the commencement of the third party's usage of the Lot. Insurance policies required by this Agreement shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: the company should be rated "A" as to management, and no less than class "X" as to financial strength, in accordance with the latest edition of Best's Key Rating Guide, or the company holds a valid Florida Certificate of Authority and is a member of the Florida Guarantee Fund. Receipt of any documentation of insurance by the City or by any of its representatives, which indicates less coverage than required, does not constitute a waiver of the provider's obligation to the insurance requirements herein. Neither the City's or KV Brickell's failure to require third parties to procure insurance shall in no way release the City or KV Brickell from its obligations and responsibilities as provided herein. 3.3 Damage Or Loss To KV Brickell's Lot Neither party shall be liable for injury or damage which may be sustained at the Lot or sustained by goods, wares, merchandise or other property of KV Brickell, or it's employees, agents, contractors, invitees, and guests or of any other person in or about the Lot caused by or resulting from any peril whatsoever which may affect the Lot; including, without limitation, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Lot, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the Bungalow, or from hurricane or any act of God or any act of negligence of any user of the facilities or occupants of the Bungalow unless caused by the negligence of the City or KV Brickell, their officers, employees, agents or representatives 3.4 The City acknowledges that KV Brickell does not maintain any insurance on the Bungalow, and the risk of loss to the Bungalow is hereby transferred to the City. The City assumes all risk of loss including, but nct limited to, casualty loss to the Bungalow as of the date hereof. � 3.5 KV Brickell covenants not to sue the City and hereby releases and discharges the City of Miami, its officials and employees from any claim, action, cost, expense or damage arising from any environmental liability, related statutory liability, or the presence hazardous materials, chemicals or contaminants, or substandard soil conditions on the Lot at any time, excepting such claim, action, cost, expense or damage caused directly by the City. This subsection shall survive the relocation of the {M1058737_2}4 02-1180 Bungalow, the expiration of time for performance by the parties and any other duties of the parties under this Agreement. 3.6 Subject to the approval of the City Commission, the City shall erect and maintain a permanent plaque no less than twelve inches by twelve inches acknowledging the contribution of the Bungalow to the City by J. Kevin Reilly and Victor Reichenstein. 4. Leases/Existing Tenants Occupying the Bungalow 4.1 KV Brickell and the City acknowledge that the Bungalow is as of the date hereof, occupied by a person who holds a lease with KV Brickell (the "Lease"). KV Brickell has sent notice terminating the Lease and requiring all persons who occupy the Bungalow to vacate on or before November 30, 2002. If tenants have not been vacated by November 30, 2002, KV Brickell shall automatically afford the City an extension to move the Bungalow off the Lot, for each day beyond November 30, 2002 that such tenants have not vacated, not to exceed a maximum of 30 days. This extension of time will be added to the period set forth in Section 2.1 herein. 4.2 The City acknowledges that KV Brickell has furnished the City, prior to or at the time of its execution of this Agreement, with copies of all the Leases and with cancellation notices of such Leases. 4.3 If KV Brickell has not been able to tender an executed bill of sale to the City pursuant to the provisions of §2.1 on or before December 31, 2002, this Agreement shall be null and void, and the City and KV Brickell shall be discharged of any further responsibility under this Agreement. 5. As Is Transfer It is expressly acknowledged and agreed that, except as and to the extent expressly provided in this Agreement to the contrary: (a) KV Brickell makes no warranty or representation whatsoever as to the condition or suitability of the Bungalow for City's purposes including, without limitation, NO WARRANTY OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE OR RELATING TO THE ABSENCE OF LATENT OR OTHER DEFECTS; (b) KV Brickell makes no representation that the Bungalow was used as the original Miami High School structure; and (c) upon acceptance of the Bill of Sale for the Bungalow, City shall be conclusively deemed to have accepted the Bungalow in its "as is" condition. KV Brickell makes and has made no warranty, express or implied, with regard to the accuracy of any oral information furnished to City, whether or not such oral statements are made by any broker or employee or agent of KV Brickell. If City accepts KV Brickell's donation and transfer of the Bungalow in accordance with this Agreement, City shall acquire the Bungalow "as is". City expressly acknowledges that it has made or will make, prior to acceptance of the Bill of Sale, such IM1OM37_2)5 02-1180 examinations and inspections of the Bungalow as City deems advisable. Except as and to the extent expressly set forth in this Agreement, City agrees that neither KV Brickell nor any other predecessor in title, interest or right to the Bungalow whomsoever, has made any representations, expressed or implied; concerning the Bungalow, its condition, the use to which it may be put, or any other thing or matter directly or indirectly related thereto. If City elects to proceed to acquire title to the Bungalow in accordance with the terms of this Agreement, City agrees to accept the Bungalow in its "as is" condition as of the date hereof without requiring KV Brickell to perform any action or incur any expense except as specifically provided herein. CITY HEREBY ACKNOWLEDGES THAT (i) KV BRICKELL HAS BEEN MATERIALLY INDUCED TO TRANSFER TITLE TO THE BUNGALOW BASED UPON CITY'S AGREEMENT AS AFORESTATED TO ACCEPT THE BUNGALOW IN ITS "AS IS" CONDITION AND WITH NO REPRESENTATIONS OR WARRANTIES EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN AND (ii) BUT FOR CITY'S AGREEMENT AS AFORESTATED, KV BRICKELL WOULD NOT HAVE AGREED TO TRANSFER TITLE TO THE BUNGALOW. ACCORDINGLY, TO THE EXTENT ALLOWED BY §768.28 , FLORIDA STATUTES AND APPLICABLE FLORIDA LAW, THE CITY RELEASES AND DISCHARGES KV BRICKELL FROM AND AGAINST ANY AND ALL CLAIMS RELATED TO THE BUNGALOW EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN AND SUCH RELEASE AND DISCHARGE SHALL SURVIVE THE TRANSFER OF TITLE TO THE BUNGALOW AND BE OPERATIVE REGARDLESS OF ANY KNOWLEDGE OR LACK OF KNOWLEDGE OF CITY RELATING TO THE BUNGALOW. 6. Role of the City Regarding Bungalow 6.1 The parties acknowledge that the desired ultimate use of the Bungalow is for municipal, civil, historic, scientific, as determined by the City, and public education purposes for the residents, visitors, and children of Miami, and that the desired ultimate location of the Bungalow is at a City -owned and maintained park. The location, within a municipal park, of the Bungalow shall be solely determined by the City. City acknowledges that it would not be entering into this Agreement, and agreeing to perform hereunder, if such use and location were not committed by the City. KV Brickell acknowledges that it would not donate the Bungalow if such use and location were not committed to by the City. 6.2 KV Brickell and City further acknowledge that the City is not bound to acquire title to the Bungalow until acceptance of the Bill of Sale and passage of the Resolution as referenced on Page 1, herein. 6.3 In order to effect the relocation, restoration and reuse of the Bungalow, as provided in Section 6.1 above the City Commission of the City must adopt a Resolution agreeing to accept title to the Bungalow and to erect the Bungalow on City - owned parkland. 7. Valuation of the Bungalow {M105873'_ 2}6 02-1180 7.1 Prior to the conveyance of the Bungalow to City, KV BRICKELL may choose to obtain an independent, valuation of the Bungalow that will be prepared by a qualified third party that is not affiliated with either City or KV Brickell (the "Valuation"). City agrees to reimburse half of the costs to obtain such Valuation, which shall not to exceed Five Hundred ($500.00) Dollars and KV Brickell agrees to deliver a true correct and complete copy of the Valuation to the City of Miami within 30 days of the date of this Agreement. 8. Miscellaneous 8.1 This Agreement, and its Exhibits, reflects the entire agreement between KV Brickell and the City regarding the Bungalow. This Agreement may not be modified except in writing signed by both KV Brickell and the City. 8.2 This Agreement is governed by Florida law. 8.3 In the event of any dispute between the parties under or arising out of this Agreement, the parties agree that solely the Circuit Court of the State of Florida sitting in Miami -Dade County shall have jurisdiction over such dispute. Each party will bear its own attorney's fees and , in order to expedite the resolution of any dispute, waive their ability to demand a jury trial or maintain a permissive counterclaim during the tendency of any dispute arising under this Agreement. 8.4 Any notice to be delivered to either party under this Agreement shall be in writing and delivered by hand or by commercial courier to the respective address set forth below: If to KV Brickell: KV Brickell Partners, Ltd.; Attention: J.Kevin Reilly 444 Brickell Avenue, Suite 218 Miami, Florida 33131 If to the City: Office of the City Manager 444 S.W. 2"d Avenue, 10h Floor Miami, Florida 33130-1910 Attn: City Manager With a copy to: Office of the City Attorney 444 S.W. 2ND Avenue, Suite 945 Miami, Fl. 33130-1910 Attn.: City Attorney {M1058737_2}7 02-1180 Notice shall be effective upon its receipt. 8.5 KV Brickell and City each agrees to cooperate with each other in order to give effect to this Agreement and to execute such other documents and agreements as are reasonably required to give effect hereto. IN WITNESS WHEREOF, the parties have executed this agreement the date first above written. WITNESSES: A -Z, �-o ATTEST: Priscilla A. Thompson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello' City Attorney { M 1058737_2 } 8 KV Brickell Partners, Ltd. By: KV Brickell Station, Inc. It's Sole General Partne By.— N Title: It's Sole General Partner r CITY OF MIAMI, a municipal corporation By: Carlos A. Gimenez, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Administrator, Risk Management U2--1180 CITY OF MIAMI, FLORIDA 19 A INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: / L Carlos Gimfnez City Manager RECOMMENDATION: DATE: OCj 2 1 2,1Oc FILE: SUBJECT: Acceptance of Donation of Old Miami High Bungalow and Public Hearing to Move the Bungalow REFERENCES: to South Side Park ENCLOSURES: Commission Meeting October 29, 2002 The administration recommends the City Commission adopt the attached Resolution which authorizes the acceptance of a donation of the original Miami High School Bungalow, as evidenced by a bill of sale, in substantially the form attached, from KV Brickell Partners, Ltd., (the "Donor") to the City. This Resolution further authorizes the City Manager to: (1) execute a written acknowledgment of this significant gift and to execute an agreement with the Donor, in substantially the attached form, providing the terms and conditions for transfer of the Bungalow Building; and (2) accept $35,000 and $41,351 in donations from Dade Heritage Trust ("DHT") for the moving and stabilization of the Bungalow Building. The Resolution also approves the placement of the Bungalow Building in South Side Park located at 100 Southwest 11 Street, Miami, Florida. BACKGROUND: KV Brickell Partners, Ltd. (the "Donor") is the owner of the property located at 79 S.W. 12 Street (the "Lot"). An improvement sits on the above property that is a one-story wooden structure (the "Bungalow Building"). The Bungalow Building is where Miami High School classes were conducted from 1905 to 1911. This building is of great historic, educational, architectural, civic, and community importance to the City of Miami. The Donor wishes to make a significant and generous donation of the Bungalow Building to the City, providing, however, that the Bungalow Building be used for municipal, public, civic, educational and allied purposes. Additionally, the Donor has graciously agreed to donate to "DHT the sum of $35,000.00 for the moving and stabilization of the Bungalow Building. The terms of the agreement transferring the Bungalow Building to the City require the City to completely remove the Bungalow Building from the Lot by January 11, 2003. If the removal has not been completed by said date, the transfer agreement shall be null and void and the Donor shall then have the right to demolish the Bungalow Building. In the event the removal is substantially completed by January 11, 2003, then the City shall be granted .one 5 -day extension to conclude the removal. . 02-1180 The Honorable Mayor and Members Of the City Commission Page 2 The Bungalow Building is currently leased to private individuals as a residence and the Donor affirmed that it will remove the tenants from the Bungalow Building on or before November 30, 2002. Notwithstanding the above January 11, 2003 deadline, if the tenants have not vacated the Bungalow Building by November 30, 2002, the Donor shall automatically afford the City an extension to move the Bungalow Building off the Lot for each day beyond November 30, 2002 that such tenants have not vacated, not to exceed a maximum of 30 days. The Donor will convey the Bungalow Building to the City by a bill of sale absolute and the Donor and the City will enter into an Agreement for Transfer of the Bungalow Building setting forth the terms and conditions of the transfer of the Bungalow Building to the City. DHT has received $45,946 in private donations, of which $41,351 will be donated to the City for the moving and the stabilization of the Bungalow Building. DHT will further donate to the City the $35,000 DHT will receive from the Donor for the moving and stabilization of the Bungalow Building. The City has committed the expenditure of $250,000, payable from the Municipal Historic Preservation Bond Funds, subject to the compliance with such terms prescribed by the bond covenants and applicable requirements set forth in the City Charter and Code, for the transference of this building to a municipal park in the City of Miami, where the Bungalow Building will be maintained. In accordance with City Commission policy, a notice of public hearing was advertised regarding the moving of the Bungalow Building to South Side Park located at 100 SW 11 Street. The attached Resolution provides approval of this move. CAGB& Bungalow 10-29-02 V2—tI'80 CITY OF MIAMI NOTICE OF, PUBLIC HEARING OLD MIAMI HIGH SCHOOL BUNGALOW BUILDING PROPOSED MOVE TO SOUTH SIDE PARK A public hearing of the City Commission of the City of Miami will occur on October 29, 2002 at 5:00 p.m. at the Manuel Artime Community Center, 900 S.W. First Street, Miami, Florida, to discuss moving the original Miami High School building, currently located at 79 S.W. 12d' Street, to South Side Park, 100 S.W. 11`x' Street to renovate the building for use as municipal, public, civic, educational or allied purposes. Inquires may be addressed to Albert Ruder, Director, Department of Parks and Recreation at (305) 416- 1320. 02-1180. J L17YkI /J. LINE SW 11TH STREET CENTERLINE SW 12TH STREET LENTERL"iE I �-► OLD MIAMI HIGH SCHOOL SITE PLAN SOUTHSIDE PARK LOCATION . O R.J. HEISENBOTTLE ARCHITECTS, P.A. OCTOBER 2002 N 1) SCALE: N.T.S.