HomeMy WebLinkAboutR-81-0800RESOLUTION NO. 8 1 Q
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, WITH THE CUBAN MUSEUM OF ARTS AND CULTURE, INC.,
FOR THE LEASE OF CITY PROPERTY FORMERLY KNOWN AS FIRE
STATION NO. 15, FOR THE ESTABLISHMENT OF A CUBAN
MUSEUM OF ARTS AND CULTURE.
WHEREAS, the Cuban Museum of Arts and Culture, Inc., has been
established in order to preserve and encourage hispanic art and culture in
the Miami area; and
WHEREAS, the City of Miami recognizes that the Cuban Museum of
and Culture, Inc. will be providing a unique public service in preserving
existing art, encouraging new artists, and educating the public in art
appreciation and enjoyment, and desires to actively participate in this
worthy endeavor; and
WHEREAS, the City of Miami, 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, 1300 S.W. 12 Avenue, formerly
known as Fire Station No. 15.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute a
Lease Agreement, in substantially the form attached hereto, with the Cuban
Museum of Arts and Culture, Inc., for the operation of the facility at
1300 N.W. 12 Avenue.
PASSED AND ADOPTED this 24 day of September 1981.
E
G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
Q
AP
ECTNESS:
GEORG[U. KNOX, JR., CITY ATTORNEY
MAURICE A. FERRE
MAYOR
Cf COMMISSION
MEETING OF
SEP2 41981
81-80
REtOt ut10N NO ......................
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4 � 1 `1. 1
in
LEASE AGREEMENT
BETWEEN THE
J
CITY OF MIAMI
AND TIIE
CUBAN MUSrUhi OF ARTS AND CULTURE, INC.
FOR
1300 S. W. 12 AVENUE
(FIRE STATION NO. 15)
81-800
CUBAN MUSEUM OF ARTS AND CULTURE
LEASE AGREEMENT
PAGE
1. DESCRIPTION OF PREMISES
1
2. TERM
1
3. CONDITIONS PRECEDENT
2
4. USE
2
5. CONSIDERATION
2
6. LAWS APPLICABLE
3 -
7. UTILITIES
3
8. ASSIGNMENT
3
9. CONDITION OF PREMISES
3
10. ALTERATIONS BY LESSEE
3
11. MAINTENANCE
4
12. CITY'S RIGHT OF ENTRY
4
13 RISK OF LOSS
4
14. INDEMNIFICATION AND HOLD HARMLESS
4
15. INSURANCE
5
16. PEACEFUL POSSESSION
5
17. NOTICES
5
18. ADVERTISING
6
19. NONDISCRIMINATION
6
20. VIOLATIONS
6
21. TAXES
6
22. SURRENDER OF PREMISES
6
23. CAPTIONS
6
24. ENTIRE AGREEMENT
6
EXHIBIT I
EXHIBIT II
81-800
LEA'iE REE1"[14T
THIS LEASE AGREEMENT, entered into this day of 19811
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
i
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 day of 1982, and terminating on the day of
1985, or the date the Lessee is granted physical occupancy,
whichever occurs first subject to the provisions of paragraph 3 herein contained.
81-800
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It is mutually agreed that
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-
partment are 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 inowriting 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
($1,076.00) 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 ($1,076.00) 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 Museuri of Arts and Culture, Inc.
In keeping 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 507, 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 P1iami 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
i
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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81 -800
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.
'fhe 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 an other cause or other contingency, 9 Y c gency, 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
°qf any such loss, injury or damage.
14 INDEMNIFICATION AND HOLD HARMLESS
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
thisf.tease 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 Oc;upancy, 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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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 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:
"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
i
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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81 -800
Either party shall irmuediately 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 14
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 end year first above written.
ATTEST:
CITY CLERK
REVIEV ED BY:
ASSISTANT CIT..Y�.ATTORNEY
(_/
APP�OVED AS TO FORM &`C RRECTNESS:
GEUR 4 F. KNO , CITY ATTORNEY
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THE CITY OF MIAMI, FLORIDA, A municipal
corporation under the laws of the State
of Fla.
By
CITY MANAGER
CUGAN MUSEUM OF ARTS AND CULTURE, IN(..,
a non-profit corporation
/ PRESID�NT
WITNESS
ITNESS
81-800
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.
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81-8U0
CITY OF MIAMI. FLORIDA
IS INTER -OFFICE MEMORANDUM
I r10
To- Howard V. Gary DATE September 17, 1981 FILE.
City Manager
SUBJECT Cuban Museum of Arts and Culture, Inc.
f
FROM ..arlo&aGarcia, Acting Directo REFERENCES.
4i nantMf Department
ENCLOSURES,
w r
It is recommended that the City
Commission authorize the City
Manager to execute the attached
y lease agreement between the City
c:a and Cuban Museum of Arts and
a' Culture, Inc. , for the City
w
Property at 1300 SW 12 Avenue.
Since 1975, the Cuban Museum of Arts and Culture, Inc., has been presenting Hispanic
art to the community by using banks, libraries, and theaters, for their exhibits and
activities.
This non-profit organization wishes to establish a permanent home for their
collection of art and historic objects, as well as a place to present displays,
exhibits, lectures, and classes for the community.
This proposed lease would provide the use of the unused Fire Station No. 15 for
the museum. This building of approximately 4,625 sq. feet is located at 1300 S.W.
12 Avenue, across from Saints Peter and Paul Church.
The proposed lease provides for a three year term, with two additional and separate
three year periods upon the request of the museum. During the first three years of
the lease, the annual rent of $12,912 is to be retained by the museum as a City
contribution to the programs and projects provided to the community by the museum.
During the two successive three year extentions, should the museum exercise their
options, the City will contribute 50°; of each monthly rental, with the remainder
to be paid to the City.
The Cuban Museum of Arts and Culture, Inc. has provided a variety of community -
oriented programs during the seven years it has been in existence, and wishes to
expand its efforts to preserve and promote Hispanic arts and culture while
occupying this city -owned facility. It is therefore recommended that this lease
be entered into by the City.
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Attachments:
81-800