HomeMy WebLinkAboutR-87-0285J_ 87-302 o' ld'
3/19/87
RESOLUTION NO.8 285
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, TO THE LEASE
AGREEMENT DATED OCTOBER 2, 1981, WITH THE
CUBAN MUSEUM OF ARTS AND CULTURE, INC., A
NONPROFIT CORPORATION, TO ALLOW THE CUBAN
MUSEUM TO RETAIN THE FULL RENTAL PAYMENT
IN ITS CONTINUED OPERATION OF THE
FACILITY LOCATED AT 1300 SW 12 AVENUE,
AND TO EXERCISE ITS FINAL THREE-YEAR
RENEWAL OPTION, BASED UPON SAID
RETENTION.
WHEREAS, on October 2, 1981, a lease agreement between the
City of Miami, as LESSOR, and the Cuban Museum of Arts and
Culture, Inc., as LESSEE, was executed for the establishment of
art classes and cultural lectures, and to provide cultural
enrichment to the community; and
WHEREAS, the LESSEE has demonstrated that it provides a
unique public service, free of cost, in the presentation of art
exhibitions, lectures and concerts for the community; and
WHEREAS, the community has responded favorably to this
service; and
WHEREAS, LESSEE's economic resources are limited and LESSEE
depends on the City's in -kind contribution and other donations to
maintain solvency; and
WHEREAS, LESSEE has requested that it be allowed to retain
the full rental payment in order to continue its operations at
current levels;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an amendment, in substantially the form attached hereto, to the
lease agreement dated October 2, 1981, with the Cuban Museum of
Arts and Culture, Inc., to allow the Cuban Museum to retain the
ATTACHMENTS
CONTAINED
1
CITY COMMISSION
METING OF
MAR Jl 1987
0.
n
full rental payment in its continued operation of the facility
located at 1300 SW 12 Avenue, and to exercise its final three-
year renewal option, based on said retention.
PASSED AND ADOPTED this 31st day of March , 1987.
y ,
/XAVIER L. SUAREZ AYOR
ATT T
HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
AS TO FORM AND
SS:
LU IA A. DOUG
CITY ATTORNEY
2
8772851
AMENDMENT TO LEASE
AGREEMENT DATED OCTOBER 2. 1981
THIS AGREEMENT made and entered into this day of
. 1987, between the CITY OF MIAMI, a Municipal
Corporation of the State of Florida, hereinafter referred to as
the "LESSOR", and CUBAN MUSEUM OF ARTS AND CULTURE, INC.,
hereinafter referred to as the "LESSEE"; amending certain
provisions of that Lease Agreement made and entered into on
October 2, 1981, between the same parties, for the lease of
former fire station no. 15, located at 1300 SW 12 Avenue, to
house a Cuban museum of arts and culture.
W I T N E S S E T H:
WHEREAS, LESSEE of city -owned property at 1300 SW 12 Avenue
has demonstrated that it provides a unique public service by
presenting art exhibitions, lectures and concerts for the
community at large; and
WHEREAS, the community has responded favorably to these
events; and
WHEREAS, LESSEE has maintained an open-door policy at no
cost to the public; and
WHEREAS, in accordance with Section 5, CONSIDERATION of
heretoforementioned lease agreement, LESSOR agreed that during
the initial three-year term the rental would be retained by
LESSEE as the City's'contribution to the program; and
WHEREAS, said Section 5 also provides that during the first
three-year extension of heretoforementioned lease agreement
LESSEE's share of the rental payment will be $538 monthly; and
WHEREAS, LESSEE's economic resources are limited and LESSEE
has been dependent on donations to maintain solvency;
NOW THEREFORE, the parties agree that Section 5,
Consideration of the Lease Agreement shall be amended, so that
LESSEE may retain loot of monthly rental as the City's
contribution to the Cuban Museum, while allowing the Cuban.Museum
of Arts and Culture, Inc., to exercise its final three-year
option, based on said retention.
THE LEASE AGREEMENT entered into on the 2nd day of October,
1981, remains in full force and effect and shall not be deemed to
be repealed, amended, or modified in any manner whatsoever,
except as hereinabove specifically provided.
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Lease
Amendment the day and year first above written.
WITNESSES:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
CUBAN MUSEUM OF ARTS AND CULTURE, INC.
a'Florida Corporation, LESSEE,
By•
(SEAL)
CITY OF MIAMI, a Municipal
Corporation of the State
of Florida
By•
City Manager
094
Li
cw(gfi:mm-
LEASE AGREEMENT
BETWEEN THE
CITY OF MIAMI
AND THE
CUBAN MUSEUM OF ARTS AND CULTURE, INC.
FOR
1300 S. W. 12 AVENUE
(FIRE STATION NO. 15)
CUBAN MUSEUM OF ARTS AND CULTURE
LEASE AGREEMENT
1. DESCRIPTION OF PREMISES
2. TERM
3. CONDITIONS PRECEDENT
4. USE
5. CONSIDERATION
6. LAWS APPLICABLE
7. UTILITIES
8. ASSIGNMENT
9. CONDITION OF PREMISES
10. ALTERATIONS BY LESSEE
11. MAINTENANCE
12. CITY'S RIGHT OF ENTRY
13 RISK OF LOSS
14. INDEMNIFICATION AND HOLD HARMLESS
15. INSURANCE
16. PEACEFUL POSSESSION
17. NOTICES
18. ADVERTISING
19. NONDISCRIMINATION
20. VIOLATIONS
21. TAXES
22. SURRENDER OF PREMISES
23. CAPTIONS
24. ENTIRE AGREEMENT
EXHIBIT I
EXHIBIT II
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s
LEASE AGREEMENT
fl THIS LEASE AGREEMENT, entered into this D day of aLL1981,
by and between the City of Miami, a municipal corporation of the State of
Florida, Lessor, (hereinafter referred to as "City"), and Cuban Museum of Arts
and Culture, Inc., a non-profit corporation incorporated under the laws of the
State of Florida (hereinafter referred to as "Lessee"):
W I T N E S S E T H
WHEREAS, the City of Miami Commission by motion 81-465 has stated its
intention of assisting the Cuban Museum of Arts and Culture, Inc. in establishing
a museum on City owned property formerly housing Fire Station No. 15; and
WHEREAS, the City of Miami Planning Advisory Board by Resolution No.
has unanimously recommended a change of zoning from R-1 one family dwelling
to GU Governmental Use District; and
WHEREAS, the City of Miami Planning Advisory Board has further recommended
the approval to operate a Cuban Museum of Arts and Culture on the site formerly
housing Fire Station No. 15; and
WHEREAS, the proposed use as a museum would provide an important cultural
component of the City of Miami which does not alter the Governmental Use of the
property; and
WHEREAS, the City of Miami desires to actively participate in providing
such facilities in the City of Miami, by providing the building know as Fire
Station #15, 1300 SW 12th Avenue;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained, the parties herein covenant and agree as follows:
1. DESCRIPTION OF PREMISES
The City hereby leases unto the LESSEE for the purposes and under the
conditions hereinafter set forth the premises described in Exhibit I and Exhibit II
attached hereto and made a part hereof.
2. TERM
The Term of this lease shall be for a period of three (3) years commencing on
the 5 i day of �� 1982, and terminating on the �1 1- day of
1985, or the date the Lessee is granted physical occupancy,
whichever occurs first subject to the provisions of paragraph 3 herein contained.
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It is mutually agreed that this lease agreement may be terminated by either the
City or the Lessee by delivery.from one to the other a written notice of
cancellation of this lease ninety (90) days prior to the termination date hereof.
This lease may be extended for two (2) additional and separate three (3) year
periods upon request of the Lessee, submitted in writing at least six months
prior to the termination date upon the mutal agreement of both parties.
3. CONDITIONS PRECEDENT
It is understood and agreed by the Lessee that the City Finance Department
will occupy the building on a temporary basis until renovations for the Finance De-
part-nentare completed at Dinner Key. The physical occupancy of the premises shall
be granted the Lessee upon the completion of said renovations and the commence-
ment of the term of this Lease shall coincide with being given physical
occupancy to the premises during fiscal year 1982. The City shall use every
reasonable effort and due diligence to fulfill this condition.
4. USE
The use of this facility shall be for the operation of a Cuban Museum of
Arts and Culture, to include the establishment of art classes and cultural
lectures for adults and children, in order to provide cultural enrichment to the
community.
If the Lessee wishes to add services or change the orientation of the
services provided, approval in writing must be obtained from the City Manager of
the City before such change can be made.
5. CONSIDERATION
Lessee shall pay to the City each month the sum of One Thousand Seventy Six
(S1,076.00) Dollars, as the fair monthly rental, which amount is accepted in
advance and acknowledged by the City. However, each monthly rental payment,
during the initial three year term of this Lease Agreement, including the above
advance monthly rental of One Thousand Seventy Six ($19076.00) Dollars. shall be
retained by the Lessee as the amount of the City's contribution to the programs
and projects provided to the community by Cuban Museum of Arts and Culture, Inc.
In akeeping with the City's desire to actively participate in providing these
services, and recognizing the unique public service provided by the Lessee, the
City shall, during the two successive three year extensions provided herein,
contribute 50% of each monthly rental payment, which shall be retained by the
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Lessee, with the remaining 50% of said rental payment remitted to the City.
6. LAWS APPLICABLE
The Lessee enters into this Lease Agreement recognizing that all laws of the
State of Florida, Ordinances of the City of Pliami and Dade County, Florida,
pertaining to the operation of the leased premises are made a part of this Lease
Agreement, and the Lessee agrees to abide thereby.
7. UTILITIES
THE Lessee at the Lessee's sole cost and -expense shall provide all utilities,
including but not limited to, electricity, water, gas, and sewage disposal.
Trash and garbage removal shall be at the cost of the Lessee.
8. ASSIGNMENT
Without the written consent of the City Manager first obtained in writing,
the Lessee cannot sublet, assign, or transfer this lease or any extension or
renewal thereof.
9. CONDITION OF PREMISES
The City agrees to provide the electrical and plumbing systems in proper
working order.
The Lessee hereby accepts the premises in the condition they are in at the
beginning of the term of this lease, and agrees to maintain the interior and.
exterior of said premises in the same condition, order and repair as it is in at
the commencement provided, except for reasonable wear and tear and damage by the
elements, other acts of God, or riots.
10. ALTERATION BY LESSEE
The Lessee may not make any alterations, additions, partitions or improvements
in or to the premises without the written consent of the City Manager of the City,
and all additions, partitions, or improvements shall become the property of the
City and shall remain a part of the premises at the expiration of this Lease
Agreement. The ultimate long term use and renovation of this facility as to
leasehold improvements shall be the financial responsibility of the Lessee.
The Lessee shall have the right to remove any movable personal property or
fixtures that it places on the premises. All alteration, additions, partitions or
improvements must comply with all building and zoning laws of the City.
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8'7-285
If any part of the demised premises is in any way damaged by the removal of such
items as hereinabove stated, said damage shall be repaired by the Lessee at its
sole cost and expense.
11. MAINTENANCE
The Lessee agrees to maintain the interior and the exterior of the leased
premises in good order and repair at all times, and in an attractive, clean and
sanitary condition during the term of this lease or any extension or renewal
thereof.
The Lessee agrees to assume responsibility for all plumbing, electrical, and
roofing systems, as well as any other systems or elements that may need repair.
12. CITY"S RIGHT OF ENTRY
The City, or any of its properly designated agents, representatives, or
employees, shall have the right to enter said premises during all reasonable
working hours, to examine the same.
13. RISK OF LOSS
The Lessee shall idemnify and save harmless the City against all risk of
loss, injury or damage of any kind or nature whatsoever to property now or
hereafter placed on or within said leased premises, and all risk of loss,
injury or damage of any kind or nature whatsoever to the contents of such
building_or improvements made by the Lessee to the structure or structures, or
to any goods, chattels, merchandise or to any other property that may now or
hereafter be placed upon said leased premises, whether belonging to the Lessee
or others, whether said loss, injury or damage results from fire, hurricane,
rising water or from any other cause or other contingency, and whether the same
be caused by the claimed negligence of the City or any of its employees, agents,
or otherwise, and to keep harmless the City from all claims and suits growing out
of any such loss, injury or damage.
14. INDEMNIFICATION AND HOLD HAR14LESS
The Lessee shall indemnify and save harmless the City against any and all
claims, suits, actions, damages or causes of action arising during the term of
this Lease Agreement for any personal injury, loss of life or damage to property
sustained in or on the leased premises by reason of, or as a result of, the
Lessee's occupancy, use, activities, and operations thereon, from and against any
orders, judgments, or decrees which may be entered thereon, and from and against
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87-285
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41�1 ON %�
all cost, attorneys' fees, expenses and liabilities incurred in defense of any
such claim and the investigation thereon.
15. INSURANCE
The Lessee shall obtain at its sole cost and expense and maintain, with
respect to the leased premises at all times during the term of this lease, public
liability insurance in the amounts of not less than $300,000.00 per occurrence
for Bodily Injury and $50,000.00 per occurrence for Property Damage. The policy
of insurance shall provide that the City be given at least 30 days advance written
notice of cancellation or any major change of, said policy and the -City be
named as an Additional Insured on all subject policies. The insurance companies
writing this coverage shall be licensed to do business in the State of Florida
through an agent domiciled in Dade County, Florida and the minimum rating
acceptable as to management capabilities and financial strength is as follows:
"A" as to Management Capabilities, X as to Financial Strength.
This is in accordance to A.M. Best Key Rating Guide, current edition.
16. PEACEFUL POSSESSION
Subject to the terms, conditions and covenants of this lease, the City agrees
that the Lessee shall and may peaceably have, hold and enjoy the premises herein -
above described, without hindrance or molestation by the City. At the expiration
of this Lease, the Lessee shall, without demand, quietly and peaceably deliver
up possession of the demised premises in as good condition as it is now, except
for normal wear and tear and decay and damage by the elements, other acts of God,
or riots.
17. NOTICES
All notices under this agreement must be in writing and shall be deemed to be
served when delivered to the Lessee at:
Cuban Museum of Arts and Culture, Inc.
P. 0. Box 340757
Coral Gables, Florida 33114
Notice to the City shall be deemed duly served when delivered to:
City Manager
City of Miami, Florida
P. 0. Box 330708
Coconut Grove Station
Miami, Florida 33133
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•� Y
Either party shall immediately notify the other of any change of address.
All notices served by mail shall be deemed to be served when delivered to the
address of the addressee and a receipt therefor obtained.
18. ADVERTISING
The Lessee shall not permit any signs or advertising matter to be placed
either in the interior or upon the exterior of the premises or grounds without
having first obtained the approval of the City Manager of the City. The City
reserves the right to erect or place upon the leased premises an appropriate
sign indicating its contribution.
19. NONDISCRIMINATION
The Lessee agrees that there will be no discrimination against any persons
on account of race, color, sex, religious creed, ancestry or national origin, in
the use of the demised premises and the improvements thereon.
20. VIOLATIONS
If the Lessee in any manner violates the covenants and conditions of this
Lease Agreement, then, and in that event, after ten (10) days written notice
given to the Lessee by the City to correct such deficiencies, and upon failure
of the Lessee to correct such deficiencies after such written notice, this
Agreement shall terminate forthwith at the option of the City, and upon written
notice to the Lessee.
21. TAXES
During the term hereof the Lessee shall pay any and all taxes of whatever
nature lawfully levied upon or assessed against the premises as a result of the
use and occupancy of the Lessee.
22. SURRENDER OF PREMISES
The Lessee agrees to surrender to the City at the end of the term of this
Lease, or upon any cancellation of this Lease, said leased premises.
23. CAPTIONS
The captions contained in this Agreement are inserted only as a matter of
convenience and for reference and in no way define, limit or prescribe the scope
of this Agreement or the intent of any provision thereof.
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24. ENTIRE AGREEMENT
The provisions of this Agreement constitute the entire contract between
the parties and no prior agreements or representations shall be binding upon any
of the parties unless incorporated in this Agreement. No modification, release,
discharge, or waiver of any of the provisions hereof shall be of force and
effect unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have hereunto caused this lease agreement
to be executed in their names by their duly authorized officers, all as of the
day and year first above written.
CITY CLERKcar
REVIEWED BY:
A�SIS ANT CI Y TO Y
APP D AS TO FO RRECTNESS:
GEO F. KNO CI A EY
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THE CITY OF MIAMI, FLORIDA, A municipal
corporation under the laws of the State
of Fla.
By X46
CITY MANA R
CUBAN MUSEUM OF ARTS AND CULTURE, INC.,
a non-profit corporation /
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15 7-"285
EXHIBIT I
FIRE STATION # 15
1300 S. W. 12th Avenue
Miami, Florida
LEGAL DESCRIPTION
Lots 10 through 13, inclusive, block 1, Brickell Estates
Subdivision, according to the plat thereof as recorded in
Plat Book 17, Page 51 of the Public Records of Dade County
Florida.
13 7-285
Exhibit -1�1
i
SW 12*" AVE.
OMM�
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FtnN IIf9I , 459Gr' jf. l; 40a if !,^, .pi.rl:atp d" COAC
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CITY OF MIAM1. FLORIDA
3 INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and DATE: ^ e
����.► � 1987 FILE:
i Members of the City "
Commission SUOJECT: Resolution Authorizing
the City Manager to
Execute an Amendment
i FROM: IX
�' REFERENCES:
i Cesar H. Odio
City Manager
a
RECOMMENDATION:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the execution of an amendment, in
substantially the form attached hereto, to the lease agreement
dated October 2, 1981, between the Cuban Museum of Arts and
Culture, Inc., and the City of Miami, in accordance with the
terms and conditions as set forth therein.
BACKGROUND:
The General Services Administration Department has analyzed the
need to execute the attached amendment to the existing City
agreement with the Cuban Museum of Arts and Culture, Inc., a non-
profit organization, for the use of city -owned property located
at 1300 SW 12 Avenue. The City agreed that its contribution to
the project for the initial three-year period from 1982 to 1985
would be for the museum to operate rent free during that time.
Since April 1982, the museum has been allowed to operate and
retain the full monthly rental of $1,076, in accordance with the
agreement.
Section 5, Consideration of said lease agreement provides 'that
during the two successive three-year extensions granted by the
contract, the City's contribution would be 50% of the monthly
rental payment, and the Lessee would remit the remaining 50% to
the City.
The Cuban Museum of Arts and Culture has presented ten (10) major
art exhibitions, plus lectures, concerts and work sessions in the
last three years ending in May, 1985, at no cost to the public.
y- /
13 7--285
I -
Honorable Mayor and
Members of the City
Commission
Page 2
Resolution Authorizing
the City Manager to
Execute an Amendment
Their economic resources are limited and they plan to embark on a
comprehensive educational program on Cuban history, economics,
literature and the arts. They have requested an amendment to
i their lease agreement, whereby they would be allowed to retain
the full monthly rental, so that they may continue to operate,
and remain solvent. Concurrently, they wish to exercise the
final three year renewal option, based on this retention. In
view of the unique public service the Museum provides to the
community, and since it is a non-profit corporation, it is
recommended that this amendment be executed.
Attachments: Proposed Resolution
Amendment
87-285