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HomeMy WebLinkAboutR-87-0060J-87-18 12/10/86 RESOLUTION NO. S 7 " 6_ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE ATTACHED LEASE, AGREEMENT DATED JULY 14, 1981 (LEASE), BETWEEN THE CITY OF MIAMI AND BELAFONTE TACOLCY CENTER, INC. (LESSEE), FOR CITY -OWNED PROPERTY LOCATED AT NORTHWEST 62ND STREET AND NORTHWEST 9TH AVENUE. WHEREAS, on July 14, 1981, the City entered into a lease with Belaf.onte Tacolcy Center, Inc., for the use of the facility of Northwest 62nd Street and Northwest 9th Avenue to operate a youth development program; and WHEREAS, the initial term of said lease was for five (5) years, terminating on July 13, 1986; and WHEREAS, Paragraph 2(b) of the lease makes provision for an additional five-year extension period, based upon the mutual consent of both parties; and WHEREAS, Lessee has requested an extension pursuant to the terms and conditions of the lease; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The extension of the attached lease aqreement dated July 14, 1981 between the City of Miami and Belafonte Tacolcy Center, Inc., for City -owned property located at Northwest 62nd Street and Northwest 9th Avenue, is hereby authorized. PASSED AND ADOPTED this 8th day of January , 1987. XAVIER L. SU&nZj MAYOR ATTES i MATTY HIRAI CITY CLERK CITY COMMISSION MEETING OF A19 8% W.6 f f, PREPARED AND APPROVED BY: 10--L 0 ;� ga4 X-1 R BERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVERS /TO FORM AND CORRECTNESS: a.iuv-L n • vvvv CITY ATTORNEY RFC/wpc/ab/M294 _2_ 8?-00 CEW(wflum A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND BELAFONTE TACOLCY CENTER, INC. 87- S p U.- r 1%4- LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this _J_4_day of July 1981, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, Lessor, (hereinafter referred to as "CITY"), and the BELAFONTE TACOLCY CENTER, 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 Commission of the City of Miami, Florida, by Resolution No. 42197, passed and adopted on January 28, 1971, has authorized the use of certain lands with structures situated thereon owned by the City of Miami for a 0 youth development facility; and WHEREAS, the BELAFONTE TACOLCY CENTER, INC., is a youth development, educational, and leadership training organization for youths residing in the Miami area and has operated out of this facility since 1971, rendering great public service to the community; and WHEREAS, the Commission of the City of Miami, Florida, by Resolution 8 1- 450 , passed and adopted on May 28, 1981, has authorized the City Manager to enter into a lease agreement for this property; NOW, THEREFORE, in consideration of the premises and mutual convenants hereinafter contained to be observed and performed, the parties hereto do hereby covenant and agree as follows: 1. DESCRIPTION OF THE PREMISES: The CITY hereby leases to LESSEE, and LESSEE hereby leases from CITY that certain real property legally described as: "Tacolcy Park", being a resubdivision of the following:.:•..Lots 1 thru 8 of Resubdivision of Block 11 of a resubdivision of a portion of Hildamere" as recorded in Plat Book 43 at Page 86 and Lots 1 thru 4 of Block 12 of "Subdivision of a portion of Hildamere" as recorded in Plat Book 40 at Page 51 and Lots 1 thru 5 in Block 1 of "Drillon Subdivision" as recorded in Plat Book 18 at Page 42 and that portion of NW 9th Avenue between NW 61 Street and NW 62nd Streets, all being in Section 14, Township 53, Range 41 of the Public Records of Dade County, Florida; comprising 3.29 acres; more or less, together with structures situated thereon. % 541 0 87 ' l o F r.11.�_ 2. TERM: (a) The term of this lease shall be for a period of five ( 5 ) years commencing on the 14 day of July___, 1981 and terminating on the 13 day of July , 1986. It is mutually agreed that this Lease Agreement may be terminated by either the CITY or the LESSEE by deliver- ing from one to the other a written notice of cancellation of this Lease Agreement ninety (90) days prior to the termination date hereof. (b) This priviledge may be extended for one additional and separate five-year period upon request of the LESSEE, submitted in writing at least six months prior to the termination date upon the mutual agreement of both parties. n 3. RENT: LESSEE shall pay to the CITY each month the sum of Five Thousand Three Hundred Sixty Eight ($5,368.00 Dollars),as the fair monthly rental, which amount is accepted in advance and acknowledged by the CITY. However, each monthly rental payment, during the term of this Lease Agreement, including the above advance monthly rental of Five Thousand Three Hundred Sixty Eight ($5,368.00) 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 Tacolcy Center, Inc. �. MAINTENANCE OF PREMISES: (a) The CITY shall maintain and keep in good repair both the interior and exterior of the premises leased and shall undertake such maintenance and repairs, at no cost to the LESSEE, upon notification in writing by the LESSEE to the City Manager of the CITY. (b) The LESSEE shall provide, at its sole cost and expense, all custodial or janitorial services and furnish all equipment and personnel necessary to maintain the premises in a condition of proper cleanlineas, order- liness and state of attractive appearance at all times.. (c) The LESSEE shall not suffer or permit arty vast¢ or deterioration of the demised premises or its fixtures, contents or equipment caused by vandal- ism, malicious mischief or other acts or persons under the control of the LESSEE. These shall include, but not be limited to, the plumbing and other pipes, all components of the heating, air conditioning, refrigeration, cooking, ventilating system , electrical systems, telephone, gas and public utility systems and lines, and the landscaping, fencing, windows, paint and other elements of the structure or structures on the premises, including the sports and recreation facilities. -2- 8 76 0 5. USE: LESSEE shall use the premises described herein for the primary purpose of conducting youth development programs. 6. ASSIGNMENT OR SUBLETTING: LESSEE shall not assign this Lease Agreement, nor sublet, nor assign any portion of the demised premises, nor grant any concession whatsoever during the term of this Lease Agreement without first having obtained the authorization of the Commission of the City of Miami. 7. ALTERATIONS: (a) LESSEE shall have the right, from time to time, to make such changes and alterations in the premises occupied by the LESSEE as it shall deem 0 necessary for its purposes, provided the City Manager, prior to the commencement of any work, shall first be notified of such changes in writing, and plans therefor are submitted to him to insure that no changes in the premises shall be made contraiy to this provision. The City Manager must authorize any changes or al- terations to the premises in writing. All work shall be done in a good and workman- like manner, and the required proper permits therefor shall be obtained from the CITY. (b ) All permanent alterations, improvements, additions or par- titions made or installed by LESSEE shall become the property of the CITY upon the expiration of this Lease Agreement. All such alterations or improvements as set forth in this provision shall be made at the IMSEE's sole cost and expense. 8. 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 lass 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 90 days advance written notice of cancellation or any major change of said policy and the City shall 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: MEN 87-6 0 V- r- 1.4 - "A" as to Management Capabilities, 'T' as to Financial ^trength. This is in accordance with A. M. Best's Key Rating Guide, latest edition. Prior to the execution of this lease the insurance coverage required shall be reviewed and approved by the Risk Management Division df the Finance Department of the City of Miami. 9. FURNISHINGS, FURNITURE AND EQUIPMENT: The LESSEE shall provide all furnishings, furniture and equipment essential to its operations, and agrees that any furnishings, furniture and equipment subsequently received from the CITY shall be subject to and accounted for by inventory apart from this Lease Agreement. Said inventory, if existent, shall be jointly prepared and signed by the officials of the Belafonte Tacolcy Center, Inc., and `the City of Miami Department of Leisure Services. 10. UTILITIES: The CITY shall furnish and pay for all utilities used at the leased premises in connection with the purposes of this Lease Agreement, excluding telephone. 11. HOLD HARMLESS PROVISION: 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 all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim and the investigation thereon. 12. RISK OF LOSS: LESSEE shall indemnify and save harmless the CITY against all risk of loss, injury or damage of any kind or nature whatsoever to property now or hereafter placed on or within said 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, -4- 87-6 0 U 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. 13. ADVERTISING: The LESSEE shall not permit any signs or advertising matter (other than small directional or informational type signs) 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 and appropriate sign indicating its contribution. 14. RIGHT OF ENTRY UPON PREMISES: The LESSEE agrees to permit the CITY, by its Manager's designated personnel, to enter upon the premises at any time for any purpose the City Manager of the CITY deems necessary or incidental moo, or connected with the performance of CITY'S duties and obligations hereunder, or in the exercise of its right or functions. 15. 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. 16. LAWS APPLICABLE: The LESSEE enters into this Lease Agreement recognizing that all laws of the State of Florida, Ordinances of the CITY of Miami and Dade County, Florida, pertaining to the operation of the leased premises are made a part of this Lease Agreement, and LESSEE agrees to abide thereby. 17. WRITTEN NOTICES: 1. The LESSEE agrees that all notices under this Lease Agreement to be given to LESSEE must be in writing and shall be deemed served when delivered to the leased premises in care of LESSEE, and LESSEE further agrees that all notices to be given to the CITY must be in writing and shall be deemed served when de- livered to the office of the City Manager, City Hall, Dinner Key, Miami, Florida. � 6Q 0- t,.-" ., LESSEE further agrees that the CITY, through its City Manager, shall have the right to designate other places where said written notices shall be delivered to it. 18. 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. 19. 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 hereto have through their proper corporate officials, executed this Lease Agreement the day and year first above written. .ATIrSf Ci y C erk PREPARED AND APPROVED BY: THE CITY OF MIAMI, FLORIDA, a Municipal corporation of the State of Florida By Howard V . Gary, City 9nager BELAFONTE TACOLCY CENTER, INC., a non-profit Florida corporation r sident , Assistant City Attorney Secretary REVIEWED BY: APPROVED AS Tf-FO* AND George Knox,--'CVW Attorney u 8/-60 s CITY OF MIAMI, FLORIDA 110 INTER -OFFICE MEMORANDUM TO, Honorable Mayor and Members of the City Commission FROM Cesar H • Od to City Manager RECOMMENDATION: DATE- n F (' 3 11986 SUBJECT Discussion of Lease Extension Option for Belafonte Tacolcy REFERENCES: ENCLOSURES: FILE It is respectfully recommended that the City Commission discuss the attached request to exercise a five-year renewal option of the lease agreement dated July 14, 1981, between the City of Miami and Belafonte Tacolcy Center, Inc., pursuant to Section 2b of said agreement. BACKGROUND: The General Services Administration Department has reviewed Belafonte Tacolcy Center's request to have their lease agreement extended, pursuant to the above referenced Section 2b. Since 1971, the Center has operated a youth development program on City -owned premises located at NW 62 Street and NW 9 Avenue. The monthly rent payable to the City per the lease agreement is $5,368 per month; however, this money is retained by the Center as the City's contribution to the agency's program. The lease agreement also makes provision for the lease term to be extended for an additional period bf five years, to July 14, 1991, upon mutual consent of both parties. Attachments: 2 letters lease agreement V-V 0 OPPICERS: LAWRENCEADAMS Chairman ZACHARY GRIFFIN Vice chairman SHEBA M MARTIN' Vlc! Cnlrrmin CLYDEJUOSON S!C►!I!ry CORNELIUSALLEN Treasurer WILLIE CALHOUN Oln+e+nln!!nM BOARD OF DIRECTORS: PORTIA BANNISTER, CLEVELAND BELL TEDO GARNER OLIVER GROSS THEOPHILUS MARTIN DANA MOSS M ATHALIE RANGE 4ANUEL SAPP EXECUTIVE DIRECTOR: JOHN BENNETT HONORARY MEMBERS: OR BEN ATKINSON- CARLTON BELLAMY, FT. TYRRELL DEAR DWIGHT GARMON HAROLD GiNVARO LARRY GOULD RONALDJACKSON BERNARD JAMES FREDDIE JOHNSON JOE KERSHAW RUDY LAVERIT i HARRY MCCARTNEY JIM MULLINS HERBERT MURRAY ANNABELLE WARD DR. HUGO WHITEHOUSE WILLIAM WYNN ADVISORY MEMBER: GARTH REEVES. SR. LNDER: AANCES HENDERSON UNITED WAY APFIUATE 'ChlnM Members November 13, 1986 Property 6 Lease Management General Services Administration Department City of Miami 1390 N. W. 20th Street Miami, FL 33142 Dear Ms. Whittaker: Pursuant to your telephone conversation with John Moore, attached is our letter to Sergio Pereira, dated November 15, 1985 , wherein our Agency requested an extension of the Lease Agreement between the City of Miami (Leasor) and the Belafonte Tacolcy Center, Inc (Leasee) for the lease of the Tacolcy Park site, located at 6161 N.W. 9th Avenue, Miami, Florida. We were under the impression that all written requests were to be sent to the City Manager, as stipulated in Section 17 of the Lease Agreement. In consideration, I kindly ask that you please effect the extension of the agreement as requested in our letter of November 15, 1985. Uncerely, )ohn Bennett Executive Director (JB) RECEIVED CITY OF AIIAMI i lQ ,t 1986 6161 N.W. STH AVENUE ! MIAMI, FLORIDA 33127 • TELEPHONE: (305) 751.1295 MAILING ADDRESS: P.O. BOX 37.0829 * MIAM1, FLORIDA 33137 87-6 0 W U010funfo T4(0:LC9' OFFICERS: LAWRENCEADAMS Chairman '—'%CHARY GRIFFIN !a Chairman SHEBA M. MARTIN, Viva Chairman CLYOEJUOSON $*votary CORNELIUS ALLEN trauura► WILLIE CALHOUN Palkan►ants"A BOARD OF DIRECTORS: PORTIA I ANNISTER' CLEVELAND BELL TEDO GARNER OLIVER GROSS TNEOPNILUS MARTIN DANA MOSS M. ATNAL19 RANGE EMANUEL SAPP EXECUTIVE DIRECTOR: JOHN BENNETT HONORARY MEMBERS: OR. UN ATKINSON• "1RLTON BELLAMY- . TYRRELL DEAR DWIGNT GARMON HAROLD GINYARO LARRY Q"O RONALD JACKSON SERNARO JAMES FREDDIE JOHN60N JOE KER4NAW RUDY LAVfAITY MARRY MCWTNEY JIM MULLINS HERBERT MURRAY ANNABELLE WARD OIL HUGO WHITEHOUSE WILLIAM WYNN ADVISORY MEMBER: GARTH REEVES. SR. FOUNDER: FIANCES MENOERSON UNITED WAY AFFILIATE *Chahar Maa►Oara November 15, 1985 Mr. Sergio Pereira City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 Dear Mr. Pereira: 7; -"* t-ly C-- A &i C - e <,; �, eld . • Per the terms of the Lease ARfppment between the City of Miami (Lessor) and Belafonte Tapploy Center, Inc., (Lessee) dated July 14, 1981, in leasq 'at the Tacolcy Park site, Belafonte Tacolcy Center, Inc. plcpautes the option, as set forth in Section 2b of this Ag�ooment and requests that a one additional and a five ;;� year period extension he granted to commence on July 14JRe6 and terminate on July 13, 1991. Your indulgence is appreciated. Sincerely, � V 0/9 4-f '0S.- John Bennett Executive Director 011) (� 0 v 1986 5161 N.W.9TH AVENUE a MIAMI, FLO"JDA 3gl.27 • TELEPHONE: (305) 751.1295 MAILING ADDRESS: P.O. BOX p7-013El • MIAMI, FLORIDA 33137 87-6 0 *4 mgofimm j < A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND BELAFONTE TACOLCY CENTER, INC. 87-GO LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this _.IL_day of JULY 1981, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, Lessor, (hereinafter referred to as "CITY"), and the BELAFONTE TACOLCY CENTER, 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 Commission of the City of Miami, Florida, by Resolution No. 42197, passed and adopted on January 28, 1971, has authorized the use of certain lands with structures situated thereon owned by the City of Miami for a youth development facility; and WHEREAS, the BELAFONTE TACOLCY CENTER, INC., is a youth development, educational, and leadership training organization for youths residing in the Miami area and has operated out of this facility since 1971, rendering great public service to the community; and WHEREAS, the Commission of the City of Miami, Florida, by Resolution 8 1- 450 , passed and adopted on _ May 28, 1981, has authorized the City Manager to enter into a lease agreement for this property; NOW, THEREFORE, in consideration of the premises and mutual convenants hereinafter contained to be observed and performed, the parties hereto do hereby covenant and agree as follows: I. DESCRIPTION OF THE PREMISES: The CITY hereby leases to LESSEE, and LESSEE hereby leases from CITY that certain real property legally described as: "Tacolcy Park", being a resubdivision of the following: Lots 1 thru 8 of Resubdivision of Block 11 of a resubdivision of a portion of Hildamere" as recorded in Plat Book 43 at Page 86 and Lots 1 thru 4 of Block 12 of "Subdivision of a portion of Hildamere" as recorded in Plat Book 40 at Page 51 and Lots 1 thru 5 in Block 1 of "Drillon Subdivision" as recorded in Plat Book 18 at Page 42 and that portion of NW 9th Avenue between NW 61 Street and NW 62nd Streets, all being in Section 14, Township 53, Range 41 of the Public Records of Dade County, Florida; comprising 3.29 acres; more or less, together with structures situated thereon. -1- 87-6 0 f __ 2. TERM: t (a) The term of this lease shall be for a period of five ( 5 ) years comencing on the 14 day of July , 1981 and terminating on the 13 day of July , 1986. It is mutually agreed that this Lease Agreement may be terminated by either the CITY or the LESSEE by deliver- ing from one to the other a written notice of cancellation of this Lease Agreement ninety (90) days prior to the termination date hereof. (b) This priviledge may be extended for one additional and separate five-year period upon request of the LESSEE, submitted in writing at least six months prior to the termination date upon the mutual agreement of both parties. 3. RENT: LESSEE shall pay to the CITY each month the sum of Five Thousand Three Hundred Sixty Eight.($5,368.00 Dollars),as the fair monthly rental, which amount is accepted in advance and acknowledged by the CITY. However, each monthly rental payment, during the term of this Lease Agreement, including the above advance monthly rental of Five Thousand Three Hundred Sixty Eight ($5,368.00) 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 Tacolcy Center, Inc. 4. MAINTENANCE OF PREMISES: (a) The CITY shall maintain and keep in good repair both the interior and exterior of the premises leased and shall undertake such maintenance and repairs, at no cost to the LESSEE, upon notification in writing by the LESSEE to the City Manager of the CITY. (b) The LESSEE shall provide, at its sole cost and expense, all custodial or janitorial services and furnish all equipment and personnel necessary to maintain the premises in a condition of proper cleanliness, order- liness and state of attractive appearance at all times. (c) The LESSEE shall not suffer or permit any waste or deterioration of the demised premises or its fixtures, contents or equipment caused by vandal- ism, malicious mischief or other acts or persons under the control of the LESSEE. These shall include, but not be limited to, the plumbing and other pipes, all, components of the heating, air conditioning, refrigeration, cooking, ventilating systems, electrical systems, telephones -gas and public utility systems and lines, and the landscaping, fencing, windows, paint and other elements of the structure or structures on the premises, including the sports and recreation facilities. -2- 87-60 '•' 5. USE: 1• LESSEE shall use the premises described herein for the primary purpose of conducting youth development programs. 6. ASSIGNMENT OR SUBLETTING: LESSEE shall not assign this Lease Agreement, nor sublet, nor assign any portion of the demised premises, nor grant any concession whatsoever during the term of this Lease Agreement without first having obtained the authorization of the Commission of the City of Miami. 7. ALTERATIONS: (a) LESSEE shall have the right, from time to time, to make such changes and alterations in the premises occupied by the LESSEE as it shall deem necessary for its purposes, provided the City Manager, prior to the commencement of any work, shall first be notified of such changes in writing, and plans therefor are submitted to him to insure that no changes in the premises shall be made contrary to this provision. The City Manager must authorize any changes or al- terations to the premises in writing. All work shall be done in a good and workman- like manner, and the required proper permits therefor shall be obtained from the CITY. (b ) All permanent alterations, improvements, additions or par- titions made or installed by LESSEE shall become the property of the CITY upon the expiration of this Lease Agreement. All such alterations or improvements as set forth in this provision shall be made at the LESSEE's sole cost and expense. 8. 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 90 days advance written notice of cancellation or any major change of said policy and the City shall 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: -3- 87-6 0 "A" as to Management Capabilities, 'Y' as to Financial ;?trength. This is in accordance with A. M. Best's Key Rating Guide, latest edition. Prior to the execution of this lease the insurance coverage required shall be reviewed and approved by the Risk Management Division of the Finance Department of the City of Miami. 9. FURNISHINGS, FURNITURE AND EQUIPMENT: The LESSEE shall provide all furnishings, furniture and equipment essential to its operations, and agrees that any furnishings, furniture and equipment subsequently received from the CITY shall be subject to and accounted for by inventory apart from this Lease Agreement. Said inventory, if existent, shall be jointly prepared and signed by the officials of the Belafonte Tacolcy Center, Inc., and the City of Miami Department of Leisure Services. 10. UTILITIES: The CITY shall furnish and pay for all utilities used at the leased premises in connection with the purposes of this Lease Agreement, excluding telephone. 11. HOLD HARNESS PROVISION: 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 all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim and the investigation thereon. 12. RISK OF LOSS• LESSEE shall indemnify and save harmless the CITY against all risk of loss, injury or damage of any kind or nature whatsoever to property now or hereafter placed on or within said 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, 87-6 0 .� r 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. 13. ADVERTISING: The LESSEE shall not permit any signs or advertising matter (other than small directional or informational type signs) 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 and appropriate sign indicating its contribution. 14. RIGHT OF ENTRY UPON PREMISES: The LESSEE agrees to permit the CITY, by its Manager's designated personnel, to enter upon the premises at any time for any purpose the City Manager of the CITY deems necessary or incidental to, or connected with the performance of CITY'S duties and obligations hereunder, or in the exercise of its right or functions. 15. 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. 16. LAWS APPLICABLE: The LESSEE enters into this Lease Agreement recognizing that all laws of the State of Florida, Ordinances of the CITY of Miami and Dade County, Florida, pertaining to the operation of the leased premises are made a part of this Lease Agreement, and LESSEE agrees to abide thereby. 17. WRITTEN NOTICES: The LESSEE agrees that all notices under this Lease Agreement to be given -to LESSEE must be in writing and shall be deemed served when delivered to the leased premises in care of LESSEE, and LESSEE further agrees that all notices to be given to the CITY must be in writing and shall be deemed served when de- livered to the office of the City Manager, City Hall, Dinner Key, Miami, Florida. -5- 87 _ 6 0 7+ 4 LESSEE further agrees that the CITY, through its City Manager, shall have the right to designate other places where said written notices shall be delivered to it. 18. 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. 19. 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 hereto have through their proper corporate officials, executed this Lease Agreement the day and year first above written. .ATT�T Ci y C erk PREPARED AND APPROVED BY: Assistant City Attorney REVIEWED BY: APPROVED AS TI-FOW AND CORRECTNESS: George Knox,,fCfr Attorney THE CITY OF MIAMI, FLORIDA, a Municipal corporation of the State of Florida By Howard V . Gary, City Onager BELAFONTE TACOLCY CENTER, INC., a non—profit Florida corporation r sident ITE 87l6 0 jj