HomeMy WebLinkAboutR-78-0550RESOLUTION NO3 7 8- 5 a 0
A RESOLUTION AUTHORIZING
THE CITY MANAGER TO ENTER INTO THE ATTACHED
LEASE AGREEMENT BETWEEN THE CITY OF MIAMI
AND DADE HERITAGE TRUST INCORPORATED: FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
ATTACHED AGREEMENT WITH DADE HERITAGE TRUST
"tS U PORT! IF:INCORPORATED FOR THE RELOCATION, ANCHORING AND
/' REPAIR OF THE WAGNER HOMESTEAD PROPERTY TO THE
DO V U fi`(, 1r +
�1 � \ LUMMUS PARK SITE AND ALLOCATING $40,000 FROM
THIRD YEAR COMMUNITY DEVELOPMENT FUNDS FOR
FOLLOW"
THIS ACTIVITY.
WHEREAS, the Wagner house has a unique historical'
as the oldest existing dwelling in Dade County; and
WHEREAS, the Highland Park transit station will be con-
guous with its present site and will overwhelm the homestead;
and
WHEREAS, the Lummus Park faces the Miami River, and since
th'e river was the "road" to the Wagner Homestead, it is important
relationship between the house and river continue; and
WHEREAS, the necessary monies for such relocation, anchor-
and repair are available in the third year funding of
Community Development Projects, and
WHEREAS, it is deemed in the best interest of the City
Miami, Florida, to relocate said structure to the Lummus Park:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
located within the Lummus Park property as described under the
"DOCUMENT INDEX
ITEM NO
Section 1. That the City Manager is hereby authorized
to enter into the lease agreement between the City
Dade Heritage Trust, Incorporated for that parcel of land
terms and conditions as set forth in the attached agreement.
Section 2. That the City Manager is hereby authorized
enter into an agreement with Dade Heritage Trust, Incorporated
for the relocation, repair and anchoring of the Wagner Homestead
'property to the Lummus Park site under the terms and conditions
as set forth in the attached agreement (Memorandum (Memorandum of
Understanding).
Section 3, The amount of $40,000 (forty thousand dollars) be
is hereby allocated
If
third year Community Development
CITY COMMISSION
MEETING OF
SEPi 41978
78-5
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Piihdb to coVer the cobtb of telocation# repair, and anchotifig oE
the Wagner property to its new location and other costsihdia
dental to this activity, as detailed in the agreementi
PASSED AND ADOPTED THIS 14m_ .day ot. wmtmER 19,84,
itY erk
PREP RED AND APPROVED BY:
ele-vt deeir?
Assistant City Attorney
APPR
S TO FORM AND CO SS:
George F. nox,
City Att ey
tIAtJRICE A, FERRP.,,
MAYOR
"SUPpoR,
DOCUMEt1,1)1-"'
FOLLOW"
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Richard L: Fosmoen
Assistant City Manage
Dena Spillman, Director
Community Development
r'
August 30, 1978
Relocation of Wagner Homestead
to Lummus Park
City Commission Agenda
9/14/78
Dade Heritage Trust, Inc., a historic preservation agency, seeks to
relocate a building identified as the "Wagner Homestead" to a site
within Lummus Park. The building has been given to Dade Heritage
Trust and is presently located at 1145 N. W. 8th Avenue contiguous
to the proposed Highland Park transit station. The attached material
from Dade Heritage Trust documents the age of the structure and its
historic associations. Dade Heritage Trust, Inc. is committed not
only to restore and maintain the building, but also to operate it
as a museum open to the public.
The Department of Parks and Leisure Services indicates there is
sufficient space within the park to situate this small (approximately
15 x 30 feet) building. Estimated cost for the relocation of the
building from its present site, site preparation, building stabilization,
installation of a new roof, provision of necessary utilities, landscaping
and provision of limited parking is $40,000. This amount is available
from Third Year Community Development Block Grant funds.
Attached is the Commission resolution, a copy of the Lease Agreement
to utilize City property in Lummus Park, and a copy of the ?agreement
which details the responsibilities of all parties in order to relocate
the building and enable it to be functional at the new site.
It is recommended that the City Commission approve the resolution and
attached Agreements.
NB/rj f
Enclosure
cc:
Howard Gary, Director/Budget & Management
Robert Clark, Law Department
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LEABE AGREEMENT
fi 1S LEASE AGREEMENT, made on this
_day of .._.._.._.__.m.. ,...►
l9i8, by and between THE CITY OF MIAMI, a Municipal corporation in
bade County, Florida, hereinafter called the "City", and bade
Heritage Trust, Inc., a Florida corporation, not for profits hetein-
after called the "Tenant".
WITHESSET
The City hereby leases to the Tenant, and the Tenant hereby
hire from the City the premises described as follows:'
A portion of "Tract A" as shown on the plat of LUMMUS
PARK OF MIAMI as recorded in PlatBook 81 at Page 23 of
the Public Records of Dade County, Florida, more partic-
ularly described as follows: Commence at the intersection
of the north easterly right of way line of North West
North River Drive, as shown on said plat, and the south
easterly right of way line of N. W. 3rd Street, as shown
on said plat, thence run northeasterly along said south-
easterly right of way line of N. W. 3rd Street for a
distance of 131.99 feet to a point, thence run south-
easterly parallel to the easterly right of way line of
North West North River Drive for a distance of 42 feet
to the Point of Beginning of the hereinafter described
tract; thence continue along the previously described
line for a distance of 50 feet; thence run southwesterly
parallel to the said southeasterly right of way line of
N. W. 3rd Street for a distance of 50 feet, thence run
westerly parallel to the said northeasterly right of way
line of North West North River Drive for a distance of
50 feet, thence run 50 feet northeasterly to the Point
of Beginning. Said tract of land lying and being in
Dade County, Florida.
TO HAVE AND TO HOLD unto the said Tenant for a
year commencing on the 14th day of September, 1978,
on. the 14th day of September, 1979, at an annual
One ($1.00) Dollar.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE
PARTIES HERETO:
ARTICLE I.
USE OF LEASED PREMISES
"SUPPORTIVE
DOCUMENTS
That the leased premises shall be used as a site for the place-
meat of a historic structure known as the Wagner Homestead to be
used as a historic interpretive center.
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ARTICLE II.
UTILITIES
Ogees to pay all ttilitiee
At TicLE III
ASSIGNMENT
Without the written consent of the eitY Manage i Tei ant eannot
sublet, assign, or transfer this LeaSe of'•aniy ektens.lon 'or renewal
thereof►
ARTICLE IV
ALTERATIONS BY TENANT
The Tenant may not make any alterations, additions or improve-
ments in or to the premises without the written consent of the City
Manager of the City of Miami, and all additions or improvements
shall be and remain a part of the premises at the expiration of
this Lease. The Tenant shall have the right to remove any moveable
personal property or fixture that it places on the premises. All
alterations, additions or improvements must comply with the
Building and Zoning Code of the City.
If any part of the demised premises is in any way damaged by
the removal of such items, the damage shall be repaired by the
Tenant at its own expense.
ARTICLE V
MAINTENANCE
."SI,PFORTIVE
UU(,U MVM EN S
FOLLOW"
The Tenant agrees to maintain and keep in good repair, condition
and appearance, during the term of this Lease, or any extension or
renewal thereof, the leased premises.
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1 ft' ' 1 C L E v I
N OTI C,E S
ft is understood and agreed between the parties hereto that
written notice addressed to Tenant and mailed or delivered to
bade Heritage Trust, Inc. Historic Preservation Center, 190 South=
east:12th Terrace, Miami, Florida, 33131, shall constitute sufficient
notice to the Tenant, and written notice addressed to Landlord and
mailed or delivered to the City Manager, City of Miami, Dinner Key,
Miami, Florida, shall constitute sufficient notice to the Landlord,
to comply with the terms of this Lease. Notices provided herein
in this paragraph shall include all notices required in this Lease
or required by law.
ARTICLE VII
INDEMNIFICATION AND HOLD HARMLESS
The Tenant does hereby agree to indemnify and save
harmless
from any and all claims,
the City
liability, losses and causes of
actions which may arise out of this Lease Agreement, or the Tenant's
activities in the demised premises. The Tenant shall pay all claims
and losses of any nature whatsoever in connection therewith, and
shall defend all suits, in the name of the City when applicable,
and shall pay all costs and judgments which may issue therefrom.
ARTICLE VIII
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INSURANCE
Tenant shall provide the City with a copy of a certificate
insurance showing coverage for liability in the amount of at
least $100,000 in respect to any one person, and
in the amount of
$300,000 in respect to any one accident. The City shall be named as
additional insured in the certificates.
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Ak iCtt IX
Vt_OtATtONS
tf Tehaht ih ah i manner violates the cfivehanta and conditiohs
Of this Agreement, after ten
(10) days' written notice given to
Tenant by the City to correct such deficiencies and failure of
Tenant to correct such deficiencies after such notice, then this
Agreement shall terminate forthwith at the option of the city and
upon written notice to Tenant.
The
ARTICLE X
OPTION TO RENEW
Tenant is hereby granted the option
to eXtend this Lease
subject to the consent of the City, upon the same terms, conditions
and covenants by giving the City notice in writing at least ninety
(90) days prior to the expiration of this Lease or any extension
thereof.
ARTICLE XI
EXAMINATION OF THE PREMISES BY THE CITY
The Tenant agrees to permit the City, by its
designated
personnel, to enter upon the premises at any time for
any purpose
the City deems necessary or incidental to or connect with the City's
duties and obligations herein, or in the exercise of its rights or
functions.
ARTICLE XII
AMENDMENTS
"SUPPORTIVE
DOCUMENTS
FOLLOW"
City and the Tenant may, at their discretion, amend this
Agreement at any
time
to conform with any contingencies which may
require such amendment. Amendments, if required, shall be incorporated
in writing to this Agreement upon review, approval and execution by
the parties hereto.
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A ticLE Xix2
SIGNATORIES
ft Wittf%ss WIithEOF, the Parties have csiised €h a ptt§edit 'f o
be aEe Uted by theit apptoptiate officials,
Withiesses:
APED AS TO FORM AND CORRECTNESS:
City r! torney
(SEAL)
bAbE HERITAGE TRUST, INC.
BY C r„ c c.C'•i
Attest:
7
(SEAL)
`SUPPORTII,VE
��Un TS
i 4 1 ,'.�.!`'�4� iijJ �
FOLLOW"
r
ei 'Y OF MIAMt/DADE HERITAGE TRUST, INC.
MEMORANDUM OF UNDERSTANDING
The City of Miami and the Dade Heritage Trust, Inc,
have entered this Memorandum of Agreement this day of 1978,
as a basis of understanding to carry out activities for the Third Activity Year of
the Community Development program in the amount of $40,000 (Forty thousand Dollars)
covering a portion of the costs of relocation, anchoring and repair of the Wagner
Homestead.
Now, therefore, the City of Miami and the bade Heritage
Trust, Inc. do mutually agree as follows
I - DEFINITIONS
CITY City of Miami
CD Community Development
OCD ------ Office of Community Development
TRUST Dade Heritage Trust, Inc.
II - SCOPE OF SERVICES
It is understood that the Trust shall provide the following services for the
City:
1) Retain the services of a qualified restoration
necessary architectural research and to prepare detailed plans and speci-
fications for the relocation, stabilization, and eventual restoration
of the structure.
2) Retain the services of a qualified landscape architect to research historical
details of the Wagner Homestead site and/or typical homesteads in S. Floirda
of its time period, and to prepare a landscape plan for the grounds surrounding
the relocated Wagner Home including the proposed truck garden.
3) Complete all historical research and documentation necessary to qualify the
Wagner Home for the National Register of Historic Places and to provide
research for interpretive displays, furnishings and artifacts in the
restored structure.
4) Retain a qualified contractor(s) to;
a. Demolish specified additions to the original structure,
b. Stabilize the structure for moving.
c, Fumigate the structure.
1.
architect to complete all
IIIIIIII1111111111IIIII1111111111111IIIIII1111IIIIIIIIIIIIIII1im aII1 1
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d. 615fittrUdt a Suitable foundation oh the relocation site in Luitinus Park,
O. Moue the structure to the new foundation in hummus Park.
f. Stabilize the structure at the new site including securing of window
and door openings.
g. Make all necessary underground utility connections.
h, Replace the roof with a roof compatible to the architecture;plah
restoration.
i. Provide appropriate landscaping around the structure,
j. Provide improved parking spaces if requested by the City,
5. All plans for improvement on the exterior of the Wagner Homestead
structure
and landscaping plans require written approval by the City of Miami Parks Department.
Trust will coordinate with Parks and other City Departments to locate and
secure the structure.
III - MAXIMUM COMPENSATION
For the services provided under Section II of the Agreement, it is under-
stood and agreed that the OCD will pay the Trust an amount not to exceed $40,000.
In the event the full $40,000 CD funds are not consumed in this activity, during the
period of performance (Section V), the balance will revert to OCD for reprogramming
in accordance with existing City policy.
IV - METHOD OF PAYMENT
Requests for payment from the TRUST for this project will be reviewed and
processed by OCD upon receipt. Such requests shall include supporting documen-
tation. . ti i ( O
V - PERIOD OF PERFORMANCE
This agreement shall be deemed effective as of the date of signature. It
will be deemed completed on the 14th day of September, 1979.
VI PERFORMANCE REQUIREMENTS
Responsibility for letting of bids, on -site construction coordination and
inspections, and affirmative action requirements, will be assumed by the Trust.
Any and all agreements entered into by the Trust will adhere to all federal require-
ments, including the following: HUD Lead -based Paint Regulation, 24 CFR Part 35,
Clean Air Act, as amended, 42 USC 1875 et seg., Federal Water Pollution Control
2.
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Section 3 Clause, and Equal Employment Opportunity. A copy of all such
lgreementt Shall be submitted to OCD
In addition, the Trust has responsibility for satisfying all of the followings
A. All pertinent contract documents required by the U.S. Department of Sousing
and Urban Development.
1). A Bid Guarantee from each bidder equivalent to five percent of the
bid price.
2) A Performance Bond on the part of the Contractor for 100% of the cones
tract price.
A Payment Bond on the part of the Contractor for 100% of the contract
price.
4) HUD 674 (10-69) General Conditions Part I.
5) HUD 4010 (2-76) General Conditions Part II (Federal Labor Standards).
Obtain certifications for Prime bidders, Contractors and Subcontractors.
These certifications must be submitted with bids and forwarded to OCD.
Arrange for a Pre -Award Conference between the selected contractor'(s)
and City of Miami OCD (James D. Thomas).
Perform all field inspections of work done by Contractor.
Submit Contractor's monthly estimates to OCD for approval and payment.
The City of Miami OCD has the following responsibilities:
Submission to Jacksonville HUD of determination of prevailing wage
for laborers and mechanics.
B. Submission to Jacksonville HUD of Prime Bidder, Contractor and Sub-
C.
contractor certification.
Chairing pre -award mt:ting between the selected Contractor and CD.
Analyzing monthly reports submitted by Contractors and Subcontractors.
E, Performing
provisions.
on -sill employee interviews concerning labor standards
F, Making final payment
"SUPPORTIVE
DCCLJ
FOLLY �w''
ASsialAtttiTY
The Trust agrees to give hitifidatioh, in writing, to the OCD of any proposed
sub -contracts. Any work or Services sub -contracted shall be Subject to each
provision of this Agreement. None of the work or services shall be sub -contracted
or reimbursed without the prior written approval of the OCD.
VIII - REPORTING REQUIREMENTS
Designated Trust personnel shall keep the OCD informed of their activities by:_
1) Preparing a completion schedule for the project in joint agreement With OCD.
2) Submitting Monthly Progress Reports on the project.
IX - GENERAL UNDERSTANDINGS
It is understood that the expenditure of funds is of critical importance
in the CD program and, as a result thereof, the described activities will have
first priority and will be completed in an expeditious manner.
X - AMENDMENTS
The OCD and the Trust may, at their discretion, amend this Agreement at any time
to conform with any contingencies which may require such amendment. Amendments, if
required, shall be incorporated in writing to this Agreement upon review, approval
and execution by the parties hereto.
XI - TERMINATION
This Memorandum of Agreement may be terminated by either party at any time
upon submission of thirty (30) days written notice if there is:
1) Ineffective or improper use of funds.
2) Failure to comply with the terms of contract.
3) Submittal of incorrect or incomplete reports, and
4) Occasion wherein the implementation of the contract is rendered impossible or
unfeasible.
ritg
XII - MAINTENANCE EFFORT
It is understood and agreed that the level of services and activities by the
Trust, in existence prior to the initiation of services or activities related to
CD, shall be continued and not be reduced in any way as a result of this Agreement
except for reductions unrelated to the provision or purposes herein stated.
(ti i F 4 1
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XIII - CONFLICT OF INTEREST
The Trust covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with CD funded activities has any
4.
personal financial interests, direct or indirect, in this_Alreement. The Trust futther
covenants that, in the performance of this Agreement, no person having such con-
flicting interest shall be employed. Any such interests, on the part of the Trust
or its employees, must be disclosed in writing to the OCD.
The Trust, in the performance of this Agreement, shall be subject to the more
MM restrictive law and/or guidelines regarding conflict of interest promulgated by
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Federal, State or local government.
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XIV ASSURANCES AND CERTIFICATIONS
1) No person in the United States shall, on the grounds of race, color, creed,
•
national origin , sex, marital status or physical handicap, be excluded
from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity for which the Trust receives
funds under this Agreement, and it will immediately take any measures
necessary to correct any such discrimination and to ensure that such dis-
crimination cannot occur in the future.
2) The Trust will establish safeguards to prohibit employees from using their
positions for a purpose that is, or gives the appearance of being, motivated
by desire for private gain for themselves or others, particularly those with
whom they have family, business or other ties.
With specific reference to this Agreement:
"SUPPORTIVE
DOCUMENTS
FOLLOW"
1) The Trust will comply in accordance with the Housing and Community Development
Act of 1974, as amended, Section 109 with Title VI of the Civil Rights Act of
1974, Title VII of the Civil Rights Act of 1968, Executive Orders 11046 and
Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303
(E) (1)) and incorporated herein by reference.
2) The Trust will comply with the provisions of the Hatch Act as amended January
1, 1975, which limits the political activities of employees and incorporated
herein by reference.
3) The Trust will comply with the Anti -Kickback Act, Title 18, U,S,C. Section
874, and provisions of the Federal Labor Standards, Title 29, and incorporated
herein by reference,
DAM HERITAGE TURST, INC,
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IN WITNESS WHEREOF, the Parties have cabbed thebe pfetehtt to be
executed by their appropriate officials.
ty Attorney
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