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HomeMy WebLinkAboutSUB Back-Up DocumentsTHIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Dade Heritage Trust, Inc. Historical Background Information Historic preservation was still in its infancy in 1972 when Dade Heritage Trust was founded. The National Trust for Iistoric Preservation had been chartered by Congress in 1949 as a grass roots organization to save America's historic places but its influence was not felt in Florida until years later, The National Historic Preservation Act (NHPA) of 1966 established a national policy regarding the preservation of the nation's historic places and artifacts and its influence slowly began to spread across the states. In the words of the Act, the Federal Government's role would be to "provide leadership" for preservation, "contribute to" and "give maximum encouragement" to preservation, and "foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony." Indeed, an underlying motivation in passage of the Act was to transform the Federal Government from an agent of indifference, frequently responsible for needless loss of historic resources, to a facilitator, an agent of thoughtful change, and a responsible steward for future generations. The first preservation effort in Miami -Dade County was, ironically, carried out by Dr. James Jackson, when he chose to move his 1905 office and surgery building to a new location in 1917 rather than have it demolished by the site's new owner. The second effort was the saving of the 1844 Fort Dallas Barracks by the Daughters of the American Revolution and the Miami Woman's Club, who supported the dismantling of the coral rock structure at its downtown site and its reassembly in Lurnmus Park in 1925. That same year, 1966, saw the birth of a local grassroots movement to save the iconic 1926 Douglas Entrance or the Puerto del Sol, in Coral Gables, from being demolished to make room for a supermarket. A group of design professionals, led by architect James Deen, formed a corporation and purchased the structure to save and restore it and create a design center. Some of the wives of the stockholders then formed an auxiliary organization to help with the restoration. And thus the Villagers was born. When the future of the Entrance was secure, the group then turned their attention to other historic sites such as the Biltmore Hotel and Vizcaya. They also realized that there was a bigger need than their small group could handle and they considered initiating a statewide organization for historic preservation. However, at that time, the State Historic Preservation Officer advised them that the state was not ready and to get experience with a county -wide organization first. And so, Dade Heritage Trust was founded to be a county -wide, membership -based nonprofit, open to all who had an interest in the mission to save historic resources. A core group, which included Sallye Jude, Dolly MacIntyre, Sam Boldrick, Margaret Kunz, and others, began meeting in each others' homes and building the organization. The first step was to do a survey to determine just what historic places existed, followed by the creation of legal protection for sites worthy of preservation in the form of a county preservation ordinance. As the mid 1970s rolled around, the nation was awash in Bicentennial fever, Miami included. To commemorate the occasion, the City acquired the 1905 Dr. Jackson's 'Office and Surgery and gave it to DHT under a long -tears lease agreement to serve as its headquarters. and to operate as a historic preservation resource center, With funding from community development block grants, 16-01008 - BACKUP DOCUMENTS - SUB THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. the restoration was undertaken. The following year, Miami's oldest residence, the Wagner Homestead of 1858, was acquired, to be relocated from its original site which had became part of Metrorail. Members rolled up their sleeves and removed later additions to the wooden vernacular cottage and prepared it for movement to Lummus Park to join the Fort Dallas Barracks where it stands today. Over the years, DHT originated and implemented annual awards for outstanding preservation projects and individuals in the field, an annual magazine called Preservation Today, a program for accepting preservation easements, the annual Dade Heritage Days two -month celebration of our heritage, the annual ten most endangered sites list and art and photography competitions for students. Numerous conferences were planned and hosted, including a cultural tourism seminar, workshops on restoration, economic benefits of historic preservation, and Miami Modern architecture. Dade Heritage Trust was instrumental in the recovery of historic sites damaged by Hurricane Andrew as it administered funds dedicated for that purpose. It was involved in the restoration of old Miami High, the Dice House, the Hubbard -Alvarez Bungalow and the Cape Florida Lighthouse. Ilistoric designation was obtained for the Miami Marine Stadium and the Friends of the Marine Stadium established to pursue restoration, The Miami Circle and the Freedom Tower were subjects of intense efforts to preserve them. General obligation bond funds were obtained for preservation projects across the County and a revolving fund has been used to preserve special places. The African -American Committee focused on the historic Hampton House and the Cemetery Committee initiated a major restoration project at the Miami City Cemetery. Some projects failed such as the attempted move of the coral rock Brown House which fell off the moving truck all over Rickenbacker Causeway and the Miami Herald which fell to political and development pressure. The year 2016 ushered in a new beginning for Dade Heritage Trust with the hiring of Executive Director, Christine Rupp, who brings creativity, determination and "Energizer Bunny" energy with her, Under her guidance, our headquarters building has been repaired and refreshed and is now an official heritage tourism visitor welcome center. She has instituted new programming, including walking and biking tours of the neighborhood, Everglades tours for school children and frequent exhibits of art and photography which celebrate our architectural and cultural heritage. The future promises to keep us on our toes as we deal with the ongoing challenges of saving historic places and the memories they engender, from the crush of economic pressure for constant growth. Climate change and sea level rise pose yet another challenge, forcing us to rethink how and where we build and how we preserve those special places already built, often at the edge of the sea. Dade Heritage Trust is ready for the challenge. THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Happenings at Dade Heritage Trust November 2015 - present: • Dade Heritage Trust is designated as an Official Visitors Center by the GMCVB. • Dade Heritage Trust co-sponsors Taste of Historic Downtown Miami. • Dade Heritage Trust is awarded grant by Everglades Foundation to provide school tours. • Dade Heritage Trust presents new tour program featuring weekly Saturday morning Brickell Avenue walking tours and monthly Miami bike tours, focusing on Miami's architectural, environmental and cultural heritage. • Dade Heritage Trust presented these exhibits: o Miami Medicine: An early Miami medical office interpreted o Office Evolution: The History of the Office of Dr. James Jackson and Dade Heritage Trust o Lemon City/Little Haiti o FIND YOUR PARK! Celebrating the 100th Anniversary of the National Park Service o (this is the 2016 theme of Dade Heritage Trust's Annual Student Art and Photography Contest) Upcoming programs: Exhibits • Stiltsville: Life on the Flats (June 9 - October 14) • The Villagers: Showcasing Miami's Historic Homes and Gardens (October 18 - February 28) • Rollin' on the River: The Mighty Miami and her Tributaries (March 1- May 15) (this is the 2017 theme of Dade Heritage Trust's Annual Student Art and Photography Contest) • Miami Pioneer Families (June 1- September 30) Other: • Visitors Center offerings continue. • Walking and Bike Tours continue. • School tours of Dade Heritage Trust headquarters are offered to public and private schools, • Expanded tour program of historic sites in Miami is developed. • Children's one day camps and Spring Break camps are offered. • Advocacy efforts continue with partnerships with National Trust for Historic Preservation and various community groups. THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. V C BLE. LICtEN5E A RE N EN ISSUED BY THE TO DADS HERBTAGE TRUST BNC OR THE OCCUPANCY OF THE PR.O.PERT `'_L CAIED AT 190 SE 12t TERRACE, FLORIDA AKA DR, JACKSON'S OFFICE THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. TABLE OF CONTENTS 3,. Recitals....,;, .........r.r,1,r....,....,,,. P,,,,......,,.,..r.,,r., r,., r„ r,.,....,..,...,,. „r,,,,,.rrr,,.,,...,2 2, Definitions,........................r.,,..........,.,......r....,.................,,....,r2 3. Purpose............................................r..,,,.......,..,...,.........................,.,...,,.,,.....,.,,„,,.,.,.,..,....'3 4. interest Conferred By This'Agreement...................,............... ,..... ,.,r....... ,'......... 4 5. Manner of Property Use. .............................4 6. Occupancy and 'Term ............................... r.,....... ..1........ r..../... .... ,,...5 7, Continuous Duty to erate.,,..,.,.,,,.................................................,....,...................,............,5 8. Use Fee ..... •.......... ........r....,.....,..........,..,,.................r................,..•,,..,,. 6 9. Late Fees,.rh...................................................'..,........i,................•...,....,.....1.....,,.,.r....,...,r..,.,6 7.0, Returned Check Fee,,.,,,,,.... ........ ............ ...... ....',,..,..............,....... . ,...r..rr.,....,....1.,,.r,.16 11, Guarantee Deposit, 01,14 ...... ,.r...... ...,... I., 7 12. Services and Litt(hies,,,,,,,,,,,,,,,,,,,,,,,,,,,,r.....rr,r,.,,,...... ,r..,,.......,,,.,...... ,................ ............. 1..,,8 13, Reporting Requirements 9 14.. Condition of the Property and Maintenance 12 15, Alterations, Additions or Repiacemon'ts..,.,.,., 13 16, Violations, Liens and Security interests 14 17. City Access to Facility. 15 18, Indemnification and Hold Harmless, ........... . . ............. .. .... .. ..... .............. „ 16 19. Insurance 17 20. No Lability'..... ....,,......r017 .21, Safety. ........... .................... ..... ..... ..,....,•n,.......... .,....,...,.,r.,,,._....,,.,......,.r...r...... r,..18 22. Ta'xees,and Fees, ..... .„, .................. , ........... ......... .............. ..... ...... „..„„„........ 18 23, Cancellation by Request of Either of the Parties without Cause. 18 24. Termination by City Manager for Cause. 19 25, Notices, .,....., r................r,..,.,.,. ...,,..r,.•,.,.r..... ..r,.,19 26, Advertising, rY..,....r.................',,,.....,,.r,.,..r,..,.•............. .,,,..... 0.,.,r.,.,.•.,..r,... 20 27, Hazardous Materials,.,........ ,r....................Y.,.,• r,,.,.,..... ...... ,,r...r,..,r..,.,21 28, Radon Gas, ....,...,..,.,..,.....r,..,.............r..•.r,r,,,,r.,,,...,...,•$.r,,,,. ,,.,,.....,,..,.,,,,,..,,.,.22 .29, Licenses, Authorizations and Permits . 22 30. Compliance with all Applicable Laws 31. Ownership of Improvements, ,,..,.,,,'............... ....... .....r,.,,,..... ................ ,,,.,..,......... r.....,...,., 23 32, Surrender of Property„ ....... ,„„. ...... , ... .,„, ..... ,.„., ...... ..... .. . „ ........ „„ .. . „.„ ..... „„„„...23 33, Severabiiity 24 3,4,; -invalidity ..... 11,r,,..•ire.ir.,ll,.i..,.,.ri.,..r..,r.,Yi.,,1....I.,,....'..(1r......,.,.{,.e,.n.,ir,...ii.lrr1i!r'.1.rrrr.'r'rY.ivr. 1'YYr .11rlr'W4 35, No Assignment 'ar'Transfer,..... .,......... 1,''',.......1.r.r.,...r,,...1............11111,...1.1•,,0,01.1111,04.4,....1111.24 Records,- T ..... r.,..r.,mrrrrrTr„25 37, Conflict of interest.,'.,.,.,......,... Y.......................•.......,,........,..,....,..r,.r..........,25 38. Americans with. Disability Act ............................ ,...,............ ,.,....... ......... ,.,....... ,...........,25 3.9, Nondiscrimination, 26 40, Affirmative Action. . 26 Rovboabio Mamie ;A,greerenfIssued by th0 City o'fMimi to Dada Horitnge Trust, Inc, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 41. Minority/Women Business Utilization, 26 42. Amendments and tiodificatlons......,.,„,,,,,.....,..I.............V.,,,..,..f,r,.v...,.....q.,..),i.l....,.,.„,27 43, Attorney(s') Fees. 0000000 o ttt „. tttt t 0100 00000 44•rt• 0000000 / 0000000 0000r. 44., Litigation; Venue tttttt ttttt 10101411,0101110100 tttttttttttttttt 06411,600404 ttt tt 1004 ttttttttt 1601014 ttttttttt 27 15, Waiver of Jury Triah....................................................................................................,.,..,,27 46, Waiver. 28 4.7. Time'of Essence, ............................................................,....,....,.......,.....,.,................,..,.....,28 48, No interpretation AgainstDraftsmen.................................................................................28 49, Further Acts. ...... 40104,0,44 ............ 044011• ......... 61,1410 ..... ..... .... ttttt 0111 tttttt 1.0111441111114100 ttttt 10128 50, Third Party BeneFiciary, .,,...,.,.,,..,29 5'1. No Partnership . .............,,,., ..... ..,,.......,..,.,.....,..,...,...... .,.,,......................,....,...,...,............,.,.29 52, Headings................................le' ......,.,.,,,.,.,..,.,,.,.,.29 .53. Authority.0111104.11041111.41014 t 1 tttt 4100014 ttttt 001 ttt • t 004010 ttt 1 ttttttttttttttttttt 0010 tttt • tttt 41,114 .,....,,,,.29 54, Entlra.Agreement. ........................ .,..,.......,..,......,,....29 55, Special Provisions. 4011010.....11010.............30 EXHIBITAl..............................,,,,.......,..,....,..,.....,,,,....,,,.,.,,,,.,,,.,,,,,.,.,....,.,,32 E)(I- IBIT A2..........................................................................................................,...33 E)(HIBl1' 1...................................,. ,,,,,....,.,..,$..,.,.......,34 EXHIBITC ttttttttttttt 001110016414. ttttttttt 404114616110101001140. ttt t 00000000001..............35 Rov000blo Lioo»se Agreennoat issued by the City ()Miami to Dodo ileti.t<Rgo Trust, Inc. ii THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. REVOCABLE LICENiSE AGREEMENT This Revocable License Agreement ("Agreement") Is made this lam,,, day of ib` and between the City of Miami a municipal corporation of the State of Florida ("City") and Dade Heritage Trust, Inc, ("licensee"), a non-profit corporation incorporated under the laws of the State of Florida, RECITALS WHEREAS, the City and Licensee ("the Parries") desire and intend to enter into a Revocable License Agreement for the use of City -owned property located at 190 SE 12th Terrace, Miami, Florida ("Property"), also• known as Dr. Jackson's Office;.and WHEREAS, the Property was originally the doctor's office and surgery facility of Dr. James M, Jackson, Miami pioneer., and is listed in the national register as a historic landmark; and and WHREAS, the property Is designated as a Historic Resource/ Site by the City of IVllami; WHEREAS., the Licensee's organizational purpose is to promote historic preservation within the City of Miami and the wider Miami -Dade County community; and WHEREAS, Licensee has expressed its interest in utilizing this City -owned property for Its uses; and WHEREAS, this Revocable License Agreement Is not assignable or otherwise transferable; and WHEREAS, this Agreement Is revocable -at -will by the City Manager and without the .consent of -the -Licensee; and WHEREASthls Agreement does not transfer an interest in real property including any leasehold interest In real property owned by the City; and W1-Ii:REAS, this Agreement does not confer a right to use any real property for any general purposes; and 1 Revootible License Agroment issued by tho City of Miami try Dado I-Ierltago Trust, lno, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. WHEREAS, this Agreement permits only certain, enumerated, specific, listed permitted uses and does not permit anything further; and WHEREAS, this Agreement requires that Licensee must maintain and comply at all times with Section 18488 and 18-189 of the City of Miami Code, as amended; and WHEREAS, this Agreement confers no exclusive possession of the Property; and WHEREAS, this Agreement does not convey or transfer any right to exclude the City from any real property; and WHEREAS,, the City and Licensee desire and intend to enter Into a Revocable License Agreement; and WHEREAS, the Parties jointly and voluntarily stipulate as. to the accuracy of these recitals; and NOW THEREFORE, In consideration of the mutual covenants set forth herein, the parties hereby agree as follows: 2. Recitals, The foregoing recitals are hereby incorporated and made a .pert of this Agreement. 2, Defini1ons, A. "City Manager" is the City Manager for the City of Miami, Whenever the terra the "City" is used in this Agreement without further elaboration for purposes of this Agreement the term shall be construed to refer to the "City Manager". 13, "Director" .shall mean the Director of the Department of Public Facilities for •the City of Miami, C. "Effective Date" shall mean the date that this .Agreement, Is fully executed by the Parties, In the event the Effective Date does not 'fall on the first day of the month, the Effective Date shall be adjusted to be the first day of the following month, D. "Hazardous Meted& Laws' means all applicable requirements of federal, state and local environmental, public health and safety laws, regulations, orders, 2 Rovooablo L oonuo A.gm000ut issued by tho City of Miami' to Dab Halloo Trust, luo, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. permits, licenses, approvals, ordinances and directives, including but not limited to, all applicable requirements of; the Clean Air Act;; the Clean Water Act; the Resource Conservation and Recovery Act, es amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act; the Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the occupational Health and Safety Act; the Toxic Substances 'Control Act; the Pollutant Discharge Prevention and Control Act; the Water Resources Restoration and Preservation Act; the Florida Air and Water Pollution Control Act; the Florida Safe Drinking Water Act; and the Florida Environmental Reorganization Act of 1975, all as may be amended from time to time . E, "Permitted Uses" shall mean' the use of the subject 'City -owned property primarily and principally as the principal headquarters .for the Licensee's historic preservation activities', and secondarily as a display museum for historic artifacts and/or memorabilia relating to the Dr, Jackson Office, historic Miami, or Miami - Dade 'County, and for no other purposes without the prior written consent of the City Manager which may be withheld or conditioned at the discretion of the Manager.. P. "Property" shall mean the City -owned real property and improvements consisting approximately of 1,457 adjusted square feet of building space on a 6,000 square foot lot located at 190 SE 1 th Terrace, Miami, Florida, the legal description which is more particularly described in Exhibit "Al" and the location map which Is depicted in Exhibit "A2" attached hereto and made part hereof, '3, 'Purpose.. -- — �� Tile fifty lr Ghe ow.ner-of':the-Property—The-City-has-ci er-rnined-thatthe.-Rrap�rl�y needed at this time by any of the Clty's offices or departments. The City has expressed Its desire to assist the Licensee in accomplishing Its purpose and in furtherance thereof authorizes the Licensee to occupy and use the Property for the Permitted -Uses, under the conditions 3 Revooable Lieeme Agreement iseued by the City of Mittnli to nude Heritage'rrtIYt, Ina, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. hereinafter set forth. The use of the Property is strictly limited to the Permitted Uses and is not to be used for any other purposes whatsoever., Any use of the Property not authorized under the Permitted Uses must receive the prior written consent of the City Manager or his/her authorized designee, which consent may be withheld, denied, or conditioned for any or no reason, including, but not limited to additional financial consideration, 4, interest Conferred By This Agreement. This Agreement confers no exclusive possession or tenancy of the Property, The Licensee cannot exclude the City from the Property, This Agreement solely authorizes Licensee to the temporary use of the Property for the limited purposes set forth herein and for no other purposes, The Parties hereby agree that the provisions of this Agreement do not constitute a lease, The rights of Licensee hereunder are not those of a tenant, but are a mere .personal privilege to do oertaln acts of a temporary character on the Property and to use the Property, subject to the terms of this Agreement, The City retains dominion, possession and control of the Property, Therefore, no lease Interest in. the Property is conferred upon Licensee under the provisions hereof, Licensee does not and shall not claim at any time any leasehold interest or estate of any kind ar extent whatsoever in the Property by virtu of this Agreement or its use of the Property hereunder, Additionally, Licensee does not and shall not claim at any time any leasehold Interest or estate of any Idnd or extent whatsoever In the Property by virtue of any expenditure of funds by the Licensee for improvements, construction, repairs, partitions, or alterations to the Property which may be authorized bythe City, 5, Manner of Property Use, Licensee's use.ofthe Property Is non*excluslve and Licensee acknowledges and agrees to abide by the. germs and Obligations as set forth in the services to be provii e , manner of operation;: use areas and .maintenance and utility. obligations, provided however, the City Revooabio Lioeane Agi'een nt issuod by Ibo City of Miami to Dodo Itentage Trusi, Ino, 4 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. agrees not to enter Into another license agreement or other similar agreement on this Property that would interfere with Licensee's ability to operate on the Property. o Occupancy and Term, This .Agreement shall commence on the Effective Date for a term of one (I) year with nine (9) one year options, as set forth in this Section, subject to renewal for a maximum period of ten (0) years or until the first to occur of the 'following; A. Cancellation pursuant to Paragraph 23 hereiivor B,, Termination with Cause subject to the notice provisions of Paragraph 24 herein; or, C, Abandonment of the Property by Licensee, or dissolution or merger of the Licensee; To be eligible to be considered for renewal, Licensee must be In full compliance with all terms and conditions of this Agreement and cannot have been late in the payment of its monthly use fee on three (3) or more occasions, Licensee must request such renewal In writing from the City Manager three (3) or more months prior to the expiration of the current term as provided in Paragraph §25 "Notices", Failure to comply with any requirement cif this Section shall cause an automatic waiver of the Licensee's abilltyto request any such renewal, which will be considered conclusively waived, 7. Continuous Duty to Operate. Except where the Property Is rendered unusable by reason of 'fire or other casualty, Licensee shall at all times during this Agreement, occupy the Property upon the Effective Date and shall thereafter continuously conduct operations in the Property In accordance with the terms of this Agreement, Revocable License Agreement issued by the City of Miami to Dade Heritage Trost, rno, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 8. Use Fee. A. Monthly Use Fee. In consideration of this Agreement, Licensee shall pay to City the following Monthly Use Fee as set forth in Subparagraph B below: B. Manner of Payment. Commencing on the Effective bate of this Agreement, and on the first day of each :month thereafter, during the term of the Agreement, Licensee shall pay to the City a monthly use fee in the amount. of Fifty dollars ($50,00) ("Monthly Use Fee" or "Use Fee"), plus State of Florida Use Tax (if applicable) for the Licensee to use the Property, to the fallowing address; City' of Miami Department of Finance .Attention: Treasury Management/Receipts 444 SW 2nd Avenue, 6`h Floor Miami, Florida 33130 9. Late Fees. In the event any Use Fee payment is not received by the City on or before the fifth day of the month, Licensee shall pay to City a late charge In an amount equal to five percent (5%) of the respective Use Fee or other amounts owed. Such late fee shall constitute additional fees due and payable to City by Licensee upon the date of payment of the delinquent payment referenced above. Acceptance of such late charge by City shall, in no event, constitute a waiver of Licensee's violations with respect to such overdue amount nor prevent City from the pursuit of any remedy to which City may otherwise be entitled. 10. .-Returned-Check-Fee. In1he event tny=cheek- is-rei urned•-ip the-C-ity-as-uncollectilala, the-laiceansa.e-shall-.iaay uto_� .__.—.-_. City a returned check fee ("Returned Check Fee") based on the following schedule; Returned Amount Returned Check Fee $ 00,01- $ 50;00 $20,00 6 Revoenble LAOense Agreement ism(' by tho 'City of Minnii to lade Heritage Trust, Inc; THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. $ 50,01 - $300,00 $30,00 $300,01- $800.00 $40,00 OVER $800,01 5% of the returned amount, The Returned Check Fee shall constitute additional flees due and payable to City by Licensee, upon the date of payment of the 'delinquent payment referenced above, Acceptance of Returned Check Fees by City shall, in no event, constitute a waiver of Licensee's violations with respect to such overdue amount nor prevent City from the pursuit of any remedy to which City may otherwise be entitled, a,,. Guarantee Deposit. Simultaneously with the execution of this Agreement, the Licensee shall deposit with City a Guarantee Deposit in the amount of One Hundred (Dollars 000,00) as guarantee for tie full and faithful performance by Licensee of all obligations of Licensee' under •this Agreement or in connection with this Agreement, If Licensee is in violation (as provided in Paragraph 24 herein) beyond any applicable notice or cure period, the City may use, apply or retain all or any part of the Guarantee Deposit for the payment of (I) any fee or other sum of money which Licensee was obligated to pay but did not pay, (II) any sum expended by City on Licensee's behalf in accordance with the provisions of this Agreement, or (III) any sum which City may expend or be required to expend as a result of Licensee's violation, The use, application or retention of the Guarantee Deposit or any portion thereof by City shall not prevent City from exercising any other right or remedy provided for under this Agreement or at law and shall not limit any recovery to which City may be entitled otherwise, At any time or times when City has made any such application of all or any part of the d rant e Deposit, the Licensee sl at) de'po 1t the darn' or sums°equal to t he arnaunts so applied -by -GI y-within-ten-(10)-days-o"f^wr-itten-notice--by the City, Provided "Licensee is not In violation of this Agreement, the Guarantee Deposit or balance thereof, as the case may be, shall be returned to 'Licensee upon the termination of this Agreement or upon any later date after which Licensee' hes-vacated the Property in the same 7 Rovocnbla Lioowie Agreenlont issued by tho City of Mlnntl to 17nde Halt age Trust, Ino, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. condition or better as existed on the Effective Date, ordinary wear and tear excepted. Upon the return of the Guarantee Deposit (or balance thereof) to the Licensee, City shall be completely relieved of liability with respect to the Guarantee Deposit, Licensee shall not be entitled to receive any interest on the Guarantee Deposit 112. •Services and Utilities, • A. Licensee's Responeibilities, Lioensee, at its sole cost and expense, shall pay for all utilities which may include, but is not limited to, electricity, water, stormwater fees, gas, telephone, television, cable, telecommunications, Internet, garbage and sewage' disposal used by Licensee during its occupancy of the Property, as well as all costs for installation of any lines and equipment necessary, except those utilities specifically ,set forth in Subparagraph L2 B below to be provided by City, Licensee, at its sole cost, shall install, as applicable, all utilities required for Its use, and arrange for direct utility billing from all applicable utility companies for such services, The City is not a guarantor or In any manner responsible for payment of Licensee's responsibilities as they are set forth in this Agreement • Licensee, at its sole cost and expense, shall provide cleaning and janitorial .services and hire pest and termite control services for the Property, as needed, to insure that the Property will at all times be In a clean and sanitary condition and free from vermin, Licensee agrees to provide any and all security it deems necessary to protect its operations and equipment Licensee shall insure that all appropriate equipment and lights have been turned off and appropriate doors locked at the close of operations within the Property each day. Licensee shall be responsible to take prudent preventive maintenance measures to safeguard the Property from storms and other "Acts of God as that term is defined by Florida law, The City shall not pay for any utilities on this Property..during the term of this Agreement, The City reserves the right to interrupt, curtail or suspend the provision of any utility service provided by it, including but not limited to, ,heeting., ventilating and air 8 Revootible Lieense Agreement tamed by the City aMitunt to Dade Heritage Trust, the. THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. conditioning systems and equipment serving the Property, to which Licensee may. be entitled hereunder, when necessary by reason of accident or emergency, or for repairs, alteration's or improvernents in the judgment of City desirable or necessary to be made or due to difficulty in obtaining. supplies or labor or for any other cause beyond the reasonable control of the City, The work of such repairs, alterations or improvements shall be prosecuted with reasonable diligence, The City shall in no respect be liable for any failure of the utility companies or goVernmental authorities to supply utility service to Licensee or for any limitation of supply resulting from governmental orders or directives. Licensee shall not claim any damages by reason of the City's or other individual's interruption, curtailment or suspension of a utility service, nor shall the Revocable License or any of Licensee's obligations hereunder be affected or reduced thereby. 13. Repotting Requirements, Licensee shall prepare, or cause to be prepared, the following reports and documents identified in Paragraph sub -sections A, B and C below andsubmit them to the Director of the Department of Public Facilities, Asset Management Division, City of Miami, 444 SW 2'd Avenue, Ord Floor, Miami, FL 33130 by the timeframes identified below and detailed In E•xhibit '`B" attached hereto and incorporated herein by reference, A, 'Financials. Within one hundred twenty (12,0) days after the end of its fiscal year, Licensee shall deliver or cause to be delivered to the City of Miami's Director, Department of Public Facilities, an audfted financial statement which includes, among other things, information on the Licensee's business operations for the 'fiscal year, including the following: I) grants, subsidies, rebates, credits or similar benefits received from any federal, ugericyT-atithority7-department-or-organization----- which revenues are unrestricted or are to be used for general operating expenses; 9 Revoon bl Lioanse Agreement istuod by tho City of Mimi to Dada HaPitage TAW, Int), THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. all donations and oontributIons'received which revenues are unrestricted or are to be used for general operating expenses; III) revenue from services, program fees, membership dues; iv) revenue frem, advertising and sponsorships conducted on the Property; v) revenue from concession sales and all other receipts whatoever of all business conducted in or from the Property; vi)all revenue from sales and services generated on orfrom the Property; vil) all revenue received by Licensee or any business entity or venture which has involvement of Licensee's principals., in connection with the use of the Property, any facility thereon, or any portion thereof for any period of time, including without limitation, special events and fundraising events, held on the Property; Such audited financial statement shall be prepared by an independent certified public accountant (CPA) employed at the Licensee's sole. cost and expense, In the event Licensee. is unable to timely submit the audited financial statement and provided Licensee has commenced and diligently pursued the completion of the audited financial statement, Licensee may request from the Director a thirty .(30) day extension .to complete the audited financial statement, which request shall not be unreasonably dented, Said CPA shall attest that such statement is Prepared in accordance with generally accepted accounting principles and practices and represents the results of operations for the period Indicated therein, Notwithstanding the above :and during the effective term of this. Agreement described in Paragraph. 6 .hereln and for a period expiring three (3) years after the expiration of the term, as it may" be -renewed, at' its option., the City•may, at its sole cost and expense, audit Licensee's business affairs, records, program flies, sales slips and sales tax records in connection with izieensee&s...sales from -or related .to the -Property-for-the ..period-coverecl .by statement report or record furnished to the City, .eflow-the City. or auditors of the City to inspect all or any part of the source documents and recordsfor the aforesaid monthly reports. Said inspection shall be conducted at the sole:discretion. of the:City, Records shall be available Monday through Friday, 10 Rovooublo Lioonso kg -remnant issued by the City of lvliami to Dadnovitno Trust, Ito, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Inclusive, between the hours of 8:00.AM and 500 PM at the Licensee's address provided In Paragraph 25 of this Agreement, Copies requested by the City shell be furnished to the City at no cost, This Agreement Is subject to the audit and inspection rights set forth in § 18-100 to §18402, City Code, as It may be emended. 3,IRS Form 990 Tax Returns. In the event Licensee cannot provide audited financial statements, as set forth In Paragraph 13 A herein, Licensee shall provide City with a copy of its most recent IRS Form 990 Tax Return no later than three months after the end of Its fiscal year, Preventive Maintenance Report, No later than August 31 of each year, Licensee, at its awn cost and expense, shall cause a certified and qualified inspector to perform physical inspection of the Property, Including all structural, mechanical and electrical components as part of a preventive maintenance program and shall submit an inspection report to the City of any deteriorating conditions found -at the Property ("Preventive Maintenance Report"). Within sixty (GO) days of completing said inspection, Licensee shall submit a remedietion plan to the City, to be approved by the City- Manager or his/her designee, for all conditions requiring •repair, replacement or modification as noted in the Inspection report. As part of the physical inspection of the Property, Licensee shall perform or cause to be performed, the following preventive maintenance services: Cleaning and janitorial services for the city -owned Property; II) Grounds services, including lawn, shrub and tree maintenance and removal of any rubbish or obstructions from the city -owned property; Ili) interior -and -exterior -window-cleaning to be -performed .as .needad...b.utno...Less. than once every one hundred and twenty (12'0) days; iv) Vermin control as necessary, but no less than once every sixty (60) days; 11 Rovombio Idloottso Agreement Wood by the City of Mimi to )Did e liorititgoTnIst, I ho, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. v) Painting of interior and exterior of buildings, Including.caulking of ail window and door frames, painting of signs, if applicable and restriping of parking lot on the licensed Property, asnecessary, but no less than every four (4) years; vl.) Pressure clean roof as necessary, or upon written request by the City Manager; vii) Replace roof as necessary or upon written request by the City Manager; . if Licensee refuses, neglects or fails to provide the above services or does not provide adequate services within thirty (30) days after written demand from the City, City may take corrective measures or cause the Property to be cleaned or repaired without waiving its right, based upon any violation of the Licensee and without releasing Licensee from any obligations hereunder, Licensee shall pay City as additional payments the full cost of such work within thirty (30) days of Licensee's receipt from the City of an invoice Indicating the cost of such corrective measures or clean-up. Failure to pay such invoice as directed without the necessity of City repairing.the Property shall constitute e violation of this Agreement, Nothing herein shall imply that maintenance, repair and Inspections should be performed by Licensee only at the suggested intervals, Licensee shall, at all times, be responsible for the condition of the Property and shall.perform repairs required in a timely manner SO as to prevent injury to person and waste to property, 14. Condition of the Property and Maintenance. Licensee accepts the Property "as Is", in its present condition and state of repair and without any representation or affirmation by or on behalf of City, and agrees that City shall, under no circumstances, be liable for any latent, patent. or other defects in. the Property, Licensee, at its sole cost, shall maintain the Properiiin -goad eider and're-p ira't all dimes and ih -pan attractive-eleenrsafe--and-sanitary-condlt:''ion--and. shall -,suffer no--waste-or-ilnjur-y_th reto,-- Licensee shall be responsible for all interior and exterior nonstructural repairs to the .Property - required or caused by Licensee's use of pall: thereof Revocable Lbws() Agreement issued by the City of Miami to Dade Heritage Trust, Ina, 12 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Licensee agrees to make all changes necessary to the Property at Licensee's sole cost and expense In order to comply with all city, county and state code requirements for Licensee's occupancy thereof. 3.5, Alterations, Additions or Replacements, Except in the event of an emergency, Licensee shall not make any repair without first receiving the written approval of the City Manager or his/her authorized designee, which approval may be :conditioned, denied, or withheld for any or no reason whatsoever, Including a condition to pay additional fees if such, alteration will affect the cost of services being provided by the City. If the City Manager or hls/her designee approves such request, no repair or alteration shall be commenced until plans and specifications therefore shall have been submitted to and approved by the City Manager or his/her designee, The Licensee shall be solely responsible for applying and acquiring all necessary permits, Including but not limited to, building permits, The Licensee shall be responsible for any and all costs associated with any alterations including, but not limited to, design, construction, installation and permitting costs. All alterations to the Property, whether or not by or et the expense of the Licensee, shall, unless otherwise provided by written agreement of the parties hereto, immediately upon their. completion become the property of the City and shall remain and be surrendered with the Property, In the event of an emergency, Licensee may reasonably proceed toperform such repair work and shall immediately notify City of such work. All alterations- must be in compliance with all statutes, laws, codes, ordinances and regulations of the State of Florida, Miaml-Dade County, City of Miami and any other .agency that may have Jurisdiction over the Property as they presently exist and as they may be amended hereafter, In the event Of an ernergency, Licensee shall reasonably preceeeito perforrti'Sigh 'rapt pka n ckshal kimmedi atoiy-n otify-th e,--City_IVI a nager.o.r_his/her_designe,e_ofs_uch_w, Revoonble L,teense Agreement issued by the City (A.1\41111111to bade NetitegeTtast, 13 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 16. Violations, Liens and Security Interests. The Licensee shall not suffer or permit anymechanics, statutory, equitable, laborers, material person, or construction liens to be flied against the title to the Property, nor against any alteration by reason of work, labor, services or materials supplied to the Licensee or anyone having a right to possession of the Property,. Nothing in this Agreement shall be construed as constituting the consent or request of the City, expressed or implied, by inference or otherwise, to any contractor, 'subcontractor, laborer or material person for the performance of any labor or the furnishing of any materials for any specific alteration, or repair of or to the Property nor as giving the Licensee the right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any construction liens against the Property. if any construction or other lien shall at any time be flied against the Property, the Licensee shall cause it to be discharged of record within fifteen (15) days after the date the Licensee acquires knowledge of its filing, If the Licensee shall fall to discharge a construction or other lien within that period, then in addition to any other right or remedy available to the City., the City may, but shall not be obligated to, discharge the lien either by paying the amount claimed to be due or by procuring the discharge of the lien by deposit in court of bonding or other acceptable form of security in lieu t.he.reof. Additionally, the City may compel the prosecution of an action for the foreclosure of the construction or ether lien by the Iienor and pay the amourit of the Judgment, if any, in favor of the {tenor (with Interest, costs and alloWances), with the understanding that all amounts paid by the City shall constitute additional payrrients due end payable under this Agreement and shall be repaid to the -City by the 'Licenses Immediately upon rendltlon of any invoice or bill by the City, The. Licensee Shall not be required to pay or discharge any mechanics, equitable, statutory, laborers, supplles, material persons or construction lien so long as (I) the .Licensee shall in good faith proceed to cent,est the Lien by appropriate proceedings, (II) the Licensee shall'have given notice In'Wriiing-tO4ne-tit.,yof-ii;s-intspoon-6a-conies lheNaiidlty.-of'Wthe-i.ten,,..a.n.d..,(1ii).th.e.-Li:ce.ns,ees.h.all. furnish and keep ih` effect a -surety bond of a responsible and substantial surety company reasonably acceptable to the City or other security reasonably satisfactory to the City In an area un;sufflclentto.p.ay one-hundrG d-ten(:I.1;o%)percent of 'the amount of the contested .lien 14 itovooable Lioouse Agreemontinuod by tbo City of Miani to Dade Herita go 'Frog, ino, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. claim with all interest on It and costs and expenses, includirag reasonable attorneys' fees, to be incurred In connection therewith, Licensee further agrees to hold the City, its officials, employees, and agents harmless from, and to Indemnify the City against, any and all claims, demands and expenses, including reasonable attorney's fees, .by reason of any claims of any contractor, subcontractor, material person laborer or any other third person with whom Licensee has contracted or otherwise Is found liable for, in respect to the Property. 17. City Access to Facility. City. and its authorized representative(s) shall have at all times access to the Property, City will maintain a complete set of keys to the Property. Licensee, at its sole cost and expense, may duplicate or change key locks to the Property but not until first receiving written approval from the Director for such work, In the event Licensee changes key locks as approved by the Director, Licensee., at its sole cost and expense, must also provide to City a copy or copies of said keys., if more than one copy is required. The City shall have access to and entry into the Property at any time to (a.) inspect the Property, (b) to perform any obligations of Licensee hereunder which Licensee has failed to perform after written notice thereof to Licensee, Licensee not having cured such matter within ten (10) days of such notice, (c) to assure Licensee's compliance with the terms and provisions &this Agreement and all applicable laws, ordinances, codes, rules end regulations, (d) to show the Property, inclusive of the Property, to prospective purchasers or tenants, and (e) for other purposes as may be deemed necessary by the City Manager in the furtherance of the City's corporate/municipal purposes, provided, however, that the City shall make a diligent effort to. provide at least 24 hours advance notice and Licensee shall have the right to have one or more .of its representatives or employees present during the time of any such entry, The City, its .of 6dl's sm[3l6y6ds and a th shill hcyf°be"lia'd]i'e`For'any'laas, `cast or dhr'ria'ga'ta the"Lic'enob --byel^eason of theee-xereiseebyethe_Ci'ty of tieeerigh:teof etetty_oleseribe.delierl in fiorethe_pu.rRo,ses___ listed above. the making of periodic inspection or the failure to do so shall not operate to impose upon City any liability of any kind whatsoever nor relieve. the Licensee of any responsibllity, obligations ordiabliity assumed underthis •Agreement. 15 Revovable License Agreotaant issued by the Casty of Miami to oadoklerltngol'ivat, Trio, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 18. Indemnification and Holdi Harmless, Licensee shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (Including attorney's fees) or liabilities (collectively referred. to a,s. "Liabilities") by reason of any Injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (1) the performance or non-performance of the services contemplated by this Agreement which Is or is alleged to be directly or indirectly caused, in whole. or in part, by any act, omission, default or negligence (whether active or passive) of Licensee or its employees, agents or subcontractors (collectively referred to as "Licensee"), regardless of whether it is, or Is alleged to be, caused in whole or part '(whether joint, concurrent or contributing) by any act, omission., default or negligence (whether active or passive) of the indemnibees, or any of them unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the City, its officials and/or employee ; or (il) the failure of the Licensee to comply with any of the paragraphs herein or the 'failure of the Licensee to conform to statutes, ordinances, codes, rules, or Other regulations or requirements of any governmental authority, federal or state, In connection with the performance of this Agreement, Licensee expressly agrees to indemnify and hold harmless' the indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Licensed, or any of its subcontractors,.as provided above; for which the Licensee's liabillty.to such employee or former employee -would otherwise be limited to.payrnent.s under state Workers' Compensatlon or similar laws. Licensee further voluntarily and knowingly acknowledges that, as lawful consideration ,.for being granted the right to ut(llie ai d ocoupy the l ropei1ty, Licenee„ On'kmeiiaif cif.}ilrri sel`f;'his agent ;`-invitees and-ampIoyees;=does; here-by4a,lemS -Orb r4=a.nylegal-1.lability-the:City„-Its-offpcers,— agent' 'and employees, from 'anyand ail .cia rns fa-ir'injurty, death. or property damage- resulting. fromLicensee's use of the Property, TheLicerisee affirms that the granting:of this Agreement Is 16 ReVocnbte Ldome Agreement rusuect by Cho City of Miami to I) ale Heritage just, Ina, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. good, sufficient and independent consideration granted by the City for this Indemnification and Hold Harmless, which shall survive the cancellation or expiration of the Agreement, 19. inst rrance, Licensee,, at its sole cost, shall obtain and maintain in full force and effect at all times throughout the period of this Ag,reement., the insurance as set forth In Exhibit "C" attached hereto and made a part hereof, W No Liability. In no event shall the City be liable or responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment belonging to or rented by :Licensee, its officers, agents, employees, invitees or patrons occurring In or about the Property that may be stolen, destroyed, or in any way damaged, including, without limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may leak or 'flow from or into any part of the Property, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the Property, or from hurricane or any act of God or any act of negligence of any user of the facilities or occupants of the Property or any person whomsoever whether such damage or injury results from conditions arising upon the Property or upon otherportions of the Property or from other sources. Licensee indemnifies the City, its officers, agents and employees from and against any and all such claims even if the claims, costs, liabilities, sults, actions, damages or causes of action arise .from the negligence or alleged negligence of the City, including any of its employees, agents, or officials, Licensee further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Properly, Licensee, on behalf of himself, his agents, invitees 'and . employees, does hereby release from any legal Ribility the (pity, its o ficel s, agents and employees, from any and all claims for injury, death or property darnage resulting from Licensee's use of the Property. Revocable Licence Agreotnent ieeuod by the City of Mininl to Dodo J•Ierllngo'i'ruet, Inc, 17 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 21. Safety. Licensee will allow City Inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations and ordinances. Fly performing these inspections the City, Its agents, or representatives are not assuming any liability by virtue of these laws, rules, regulations and ordinances. Licensee shall have no recourse against the City, Its agents, or representatives from the occurrence, non- occurrence or result of such Inspection(s), Upon Issuance of a notice to proceed, the Licensee shall contact the Risk Management Department at '(305) 4,16-1700 to schedule the inspection(s), 22. Taxes and Fees, Licensee shall pay before any fine, penalty, assessment or other governmental imposition or levy, Interest or costs is added for nonpayment, any and all charges, fees, taxes, impositions, or .assessments levied against the Property (collectively Assessments), its proportionate share of use ofthe Property and/or against personal property of any kind, owned by or placed in, upon or .about the Property by Licensee., including, but not limited to, ad valorem taxes, fire fees and parking surcharges. In the event Licensee appeals an Assessment, • Licensee shall immediately notify .the City Manager of its intention to appeal said Assessment • and shall furnish and keep in effect a surety bond of a responsible and substantial surety _company reasonably acceptable to the City Manager, or his designee, or • other security .. reasonably satisfactory to the City Manager or his/her designee, in*an amount sufficient to pay • one. hundred percent(100%) of the .contested Assessment with all Interest on it and costs and -expenses, including reasonable attorneys' fees to be incurred in connection With It, 23.• Cancellation by Request of Either of the Parties without Cause. -,„- . Either party may cancel this Agreement at anytirn:e , without cause , by giving thirty (30) days written notice toth9, non-.can:celing party prior to Effective Date of the cancellation. 18 Rovomble Ion to Agmotnont issood by tho City alvtlattll to Dado Heritage Trost, Too, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. This Is a cancellation for convenience clause and neither party shall have any recourse against the other party due to the exercise of such cancellation provided; however, that Licensee must pay Its fees due to the City under this Agreement through the effective date of such cancellation, 24, Termination by City Manager for Ouse. If, et the sole and complete discretion of the City Manager,. Licensee In any mannerr violates the restrictions, terms and conditions of this Agreement, then, and in the event, after. ten (10) days written notice given to Licensee by the City Manager within which to cease such violation or correct such deficiencies, and upon failure of Licensee to do so after such written notice within said ten (10) day period, thls Agreement shall be automatically terminated without the need for further action by the City, 25. Notices. All notices or other communications which ,may be given pursuant to this Agreement shall be in writing and shall be deemed properly served If delivered by personal service or by cartifled mail'addres'sed to City and Licensee at the address indicated herein or as the same may be changed from time to time, Such notice shall be deemed given on the day on which personally served or If by certified mail, on the fifth clay after being posted or the date of actual receipt, whichever is earlier; CITY or, MIAMI City of Miami Office ofthe City Manager 3500 Pan American Drive, Miami,..FiL.3S,1 S TO: LICENSE' Executive Director Dade Heritage Trust, Inc, :190 SE 12th Terrace da, 33.132 City Attorney City of'Mlaml 444 SW 2nd Avenue, Suite 945 19 RevooubJe License Agreeiuonl issued by the City of Mlaird to Dude J•ferhoseTrust, Ino, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Miami, Florida 3313.0 Director City of Miami Department of Public Facilities 444 SW 2 Avenue, Suite 32,5 Miami, p1.33130 26. Advertising, Licensee shall not permit any suns or advertising matter to be placed. either in the interior or upon the exterior of the Property without having first obtained the approval of the Director or his/her designee, which approval maybe withheld for any or no reason, at his sole discretion, Licensee shall, at. its sole cost and expense, install, provide, maintain such sign, d.ecoration, advertising matter or other things as may be permitted hereunder in good condition and repair at all times, Licensee must further obtain approvals, permits, or other required approvals by whatever name called from all governmental authorities having jurisdiction., and must comply with all applicable requirements set forth in the Miami -bade County Code, the City of Miami Code and .Zoning Ordinance, Upon the cancellation of this Agreement, Licensee shall, at its sole cost .and expense, remove any sign, decoration, advertising matter or ether thing permitted hereunder from the Property, . If any part of the Property is in any way damaged by the removal o'f such items, said damage shall be repaired by Licensee at its sale cost and expense. Should Licensee fail to repair any damage caused to the Property within ten (10) days after receipt of written notice from City directing the required repairs,. City shall cause the Property to be repaired at the. sole cost and expense of Licensee, Licensee shall pay City the full cost of such'repairs,withln five (5) days of receipt of an. invoice. indieatingtheAcost..of.such-required,repairs,. ,.... Licensee hereby understands and.agree.s.that.the City may, at its sole discretion, erect or place upon the Property an appropriate sign, plaque or historic marker indicating Gity's having issued this Agreement. 20 Revooable I ioenao Agteeni nt Jawed by the City of Miami to Dade Heritage Trust, Inc, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 27. Hazardous Materials, The Licensee shall, at its sole cost and .expense, at all times and In all respects comply with all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to hazardous materials ("Hazardous Materials Laws"), including, without limitation, any Hazardous Materials Laws relating to industrial hygiene, environmental protection or the use, storage, disposal or transportatlan of any flammable explosives, toxic substances or other.hazardous, contaminated or polluting materials, substances or wastes, including, without limitation,. any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances" (collectively "Hazardous Materials"), under any such laws, ordinances or regulations. The Licensee shall, at its sole cost and expense, procure, maintain In effect and comply with all conditions of any and all permits, licenses and other governmental and. regulatory approvals relating to the presence of Hazardous Materials within, on, under or about the Property or required for the Licensee's use of any Hazardous Materials in or about the Property 'In conformity with all applicable Hazardous Materials Laws and prudent Industry practiioes regarding management of such Hazardous Materials, Upon cancellation or revocation of this Permit, the Licensee shall, at its sole cost and expense, cause all Hazardous Materials, inc.luding their storage devices, placed In or about the Property by the licensee or at the Licensee's direction, to be .removed from the Property and transported for use, storage or disposal in accordance and compliance with all •applicable Hazardous Materials Laws. The Licensee may operate according to the custom of the industry so long as the use or presence of Hazardous Materials is strictly and properly monitored according to, and In compliance with, all applicable governmental requirements, The requirements of this paragraph of the License shall survive the cancellation or revocation of this License, The Cify represents that: .. -- - To -the -best-of-it-s-Imowledge--.thare-are n0--etwitonrrrental violations„-wheth•err uad:er federal, state, or local laws, existing on the Property; To the best of its knowledge; there are no Hazardous Materials presently existing on the • -Property. 21 RovoonbloLloeneo Agreement 'Wood by the City of ivi IBM' to Dade floatage Trust, Inc, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 2,8, IRacion Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, .may present health risks to persons who are exposed to it over tirne. Levels of radon that exceed federal and state guidelines have been found In buildings in Florida, Additional information regarding radon and radon testing may be obtained from your county public health unit. Licensee may, have an appropriately licensed person test the Property for radon, If the radon level exceeds acceptable EPA standards, the City may choose to reduce the radon level to an acceptable EPA level, falling which either party may cancel this License. Lkenees Authorizations and Permits. Licensee shall obtain, or cause to be obtained, and maintain in full force and effect throughout the period of this Agreement, at its sole expense, all licenses, authorizations and permits, including, without limitation, a City Occupational License, that are necessary for Licensee to conduct its commercial activities.. Licensee shall be responsible for paying the cost of said applications and obtaining saki licenses, authorizations and permits. 30. Compliance with ali Applicable Laws, Licensee .accepts this Agreement and hereby acknowledges that Licensee's strict • compliance applicable federal, state and local laws., codes, ordinances and regulations is • a condition of this. Agreement, and Licensee shall comply therewith as the same presently exist •nd .they....pay-,b.e -amen d eckh.ereafter, This .Agreenwri; „s haIheconstruedan.d..enforced •. according to the laws of the Stat.e.of Florida. ' •. Roveciablo Lioonsa Agreamoot issued by the City of Miami io Dada kl site ga Trust, loo, 22 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Ovvnership of improvements, As of the Effective Date and throughout the use period, all buildings and improvements thereon shall be vested In City. Furthermore, title to all alterations made In or to the Property, whether or not by or at the expense of Licensee, shall, unless otherwise provided by written agreement, Immediately upon their completion become the property of the City and shall remain and be surrendered with the Property. 32, Surrender of Property. In either event of cancellation pursuant to Paragraph .23 or Paragraph 24, or at the expiration of the time limited by the notice, Licensee shall peacefully surrender the Property broom cleaned and In good condition and repair together with all alterations, fbctures, installation,additions and improvements which may have been made In or attached on or to the Properly. Upon surrender, Licensee shall promptly remove air its personal property, trade fixtures and equipment and Licensee shall repair any damage to the Property caused thereby. Should Licensee fall to repair any damage caused to the Property within ten (10) days after receipt of written notice from City directing the required repairs, City shall cause the Property to be repaired at the sole cost and expense of Licensee,. Licensee shall pay City the full cost of such repairs within ten (10) days of receipt of an invoice Indicating the cost of such required repairs. At City's option, City may require Licensee to restore the Property so that the Property shall be as it was on the Effective Date. In the event Licensee fails to remove its personal property, equipment and fixtures from the Property within the time limit set by the notice, said property shall be deemed abandoned and thereupon shall become the sole personal property of the City, The City, at Its sole discretion and without labillty, may remove and/or dispose of same as City sees fit, all at Licensee's sole cost and expense. 23 llovoonble Lioanso Agveamorit isotiod by the City of Miami to Da& lloritago Trut, Loo, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 33, Severa.bility. It is the express intent of the parties that this Agreement constitutes a license and not a lease. To further this Intent, the parties agree as follows:. (1) if any provision of this Agreement, or the application thereof to any circumstance, suggest that a lease, rather than a license, has been created, then such provision shall be Interpreted in the light most favorable to the creation of a license and (II) if any provision of this Agreement, or the application thereat° any circuinstance, is determined by a court of competent jurisdiction to have created a lease rather than a lice.nse, then such provision shall be stricken and, to the fullest extent possible, the remaining provisions of this Agreement shall not be affected thereby and shall continue to operate and remain In full force and effect, With regard to those provisions which do not affect the parties intent for this Agreement, should any provision, .section, paragraph, sentence, word or phrase contained In this Agreement be determined by a court of competent jurisdiction to be invalid, Illegal or otherwise unenforceable under the laws of the State of Florida or the City of h/liaml, such provision, section, paragraph, sentence, word or phrase shall be deem edmodified to the extent necessary in order to conform wIth such laws, or if not modifiable, then same shall be deemed severable, and in either event,..the remaining terms and provisions of this Agreement shall remain unmodified and. in full force and .effect or limitation of Its use., 34. Invalidity. In the event that any riorkiateriel -provision of this Agreement shall be held to be. Invalid for any reason, such invalidity shell not affect the remaining portIonS of this Agreement and the same shall remain in full force and effect, • * No Assignment or•Transfer. • . . • • . , • . . . Licensee cannot assign or transfer itsprivilege of occupancy and use granted unto it by this Agreement. Any assignment, sale or disposition of this Agreement or any interest therein 24 Revocable License A.greetnent issued by the City of 1\ /limit° Dade etitage Trot, Ina, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT. by Licensee shall result in the automatic termination of this Agreement without notice by the City Manager. 36, Public Records, Licensee understands that the public shall have access, at all reasonable times, to City contracts, subject to the provisions of Chapter 119, Florida Statutes., and agrees to allow access by the City and the public to all documents subject to 'disclosure under applicable law, g7. Conflict of interest, Licensee is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11,1 et, seek) and of the State of Florida as set forth in the Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms. of said laws and any future amendments thereto, Licensee covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City, Licensee further eovenents that, In the performance of this Agreement, no person or entity having such conflicting interest, shall be utilized in respect to services provided hereunder, Any such conflict of interest(s) on the part of Licensee., its employees or associated persons, or entities must be disclosed In writing tothe City. 38, Americans with Disability Act Licensee shall affirmatively comply with all applicable provisions of the Americans with Disabilities. Act ("ADA") in the course of providing any.worle, labor or services funded by the 'City Ancluding4ities-kand..11-ofthe-ADA..(regarci.ing,noritilscrirnination,onthe,basla.of,dis.ability„).and,,all applicable regulations, guidelines and standards, Additionally, Licensee shall take affirmative steps to ensure nondiscrimination in employment of disabled persons, 25 Revoosble License Agroornoot issood by tho City otlyt hoof to Dacia Notitaso Trost, inc THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 39. Nondiscrimination. In the performance of this Agreement or any extension thereof, Licensee and/or its authorized agents shall not discriminate hi connection with Its occupancy and use. of the Property and Improvements thereon, or against any employee or applicant for employment because of race, ancestry, national origin, color, sex, religion, age, handicap, familial status, marital status or sexual orientation. Licensee and/or its authorized agents will insure that Its employees are fairly treated during employment without regard to their race, national origin, ancestry, color, sex, religion, age., handicap, familial status, maritar status or sexual orientation, Such action shell include, but not be limited to, the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or 'termination, rates of pay or other forms of compensation, 40. Affirmative Action. Licensee shall have in place an Affirmative Action/Equal EmployMent Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women, minorities, the disabled and veterans, Such plan wfll Include a set sof:Positive measures which will be taken to insure nondiscrimination • in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, Licensee shall Submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations. 41, Minority/Women Business Utilization. Licensee shailmake a good faith effort to purchase/contract fifteen percent (15 %) of its .goods . -an CI ...req.0 I re m.e.nt s. ,frorn. .„ . _and .. ANOrn businesses/professionals registered/certifieci with the City office of Minority/Women Business. Affairs, Such lists will be made available to the Licensee at the time of the issuance of the Agreement bythe City and updates will be provided from time to time bY the City's Office of Minority/Women Business Affairs, 26 Rovoonblo Lieense Agreement lotted by the City of Minna to Dade Heritage "frog, Inc, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 42, Amendments and Modifications. No amendments or modifications to this Agreement shall be binding .o.n either party unless In writing, approved as to forrn and correctness by the City Attorney, and signed by both parties. The City Manager is authorized to amend or modify this Agreement as needed subject to the formalities of contracts being followed, 43. Attorney(e) Pees. In the event It becomes necessary for either party to institute legal proceedings to enforce the provisions of this Agreement, each party shall bear its own attorneys' fees through ail trial and appellate levels. The prevailing party may be .8warded court costs, 44, Litigation; Venue, Any dispute or civil action herein shall be resolved in the courts of Miami -Dade County, Florida. The parties shall attempt to mediate any dispute without litigation. If the parties agree to mediate any such dispute the standards end procedures of set forth in Chapter 44, Florida Statutes, "Mediation alternatives to Judicial Action", as amended, will apply. However; this is not intended to establish mediation as a condition precedent before pursuing specific. performance, equitable or injunctive relief, 45. Waiver of Jury Trial. The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right either may have to a trial by jury in respect of any action, proceeding or counterclaim based on thTs"Agie-eMOnt,' Or —611Sing—"OCif Erfiele-F ejr ""66.Filie-dieSh WifhAfils—Agi'defnalit 'dr " m enciment—or—modificat lon_of—this—Agreement,—or_a ny_oth:er_ag reement...ex.e.cuted_by..,a,ad, between the parties In connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto, This waiver of Rovocablo Line Agremont Issued by the City of Miami to Dado NovitagoT11181, Inc 27 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. jury trial provision Is a material inducement for the City .and Licensee entering into the subject transaction. 46. Waiver. Any waiver by either party or any breach by either party of any one or more of the covenants, conditions or provisions of this Agreement shall not be construed to be e waiver of any subsequent or other breach of the .same or any covenant, condition or provision of this Agreement, nor shall any falitire on the part of the City to require or exact full and. complete compliance by Licensee with any of the covenants) conditions or provisions of thls Agreement be construed as in any manner changing the terms hereof to prevent the City from enforcing in full the provisions hereto, nor shall the terms of this Agreement. be changed or altered ir any manner whatsoever 'other than by written agreement of the City and Licensee. 47. Time of Essence. It Is expressly agreed by the parties hereto that time is of the essence with respect to this Agreement, if the final day of any period falls on a weekend or legal holiday, then the final day of said period or the date of performance shall be extended to the next business day thereafter, 4a. No Interpretation Ageinst Draftsmen. The parties agre.0 that no- provision:of this Agreement shall be construed against any particular party end each party shell be .deemed to have drafted this Agre,ernerit, --rwitheMets.. - dd It lan 'te the a ct;s- and -cleesdi:::-rocIted:,,h ereln_an d_contempl ei&cuted and/or delivered by the parties, the parties each agree to perform, execute and/or . . deliver or cause to be perfOrMed, eXettited -anclior deliVered any and all such further acts; • 28 Rcwooabia Nome Agreement issued by the City of Miami to Ode Heritage Truet, Inc, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. deeds and assurances as may be necessary to consummate the transactions contemplated hereby, O.'Third Party 1.3eneficiary, This Agreement is solely for the benefit of the parties hereto and no third party shall be entitled to claim or enforce any rights hereunder, 53.. No Partnership, Nothing contained -herein shall make, or be construed to make any party a principal, agent, partner or joint venture of the other. 5Z. Fleading: Title and paragraph headings are for convenient reference and are not a part of this Agreement, 53, Authority. • Each of the parties hereto acknowledges it is duly authorized to enter into this Agreement and that the signatories below are duly authorized to execute this Agreement in their respective behalf, 54. Entire Agreement, This instrument and Its attachments 'constitute the sole and only agreement of the parties hereto and correctly set forth the.rightS, dutles.and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force -or effdct, • • 29 Rove (labia blouse Agreement issuocl by the City of Miami to Dude Heritage Trotitslito THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 55, Special Provisions. A, The Licensee 'agrees to perform any fundraising and grant writing activities In order to raise sufficient funding to undertake fa nd complete the renovations ne,oessary in the future to maintain the subject historic Property In good working order anti repair, .6, Licensee shall create a special Reserve/Maintenance Fund to setaside $5,000 to ensure that the interior and exterior building an the Property is painted every five (5) years, The Licensee shall issue 'an ,annual report to the 'City Manager and the Director as to the status and the amounts of this fund', The first such report shall be submitted on or before 12/3341 to the City addresses listed In Paragraph 25, C. Consistent with Paragraph 13 C herein, Licensee shall 'obtain a Preventive Maintenance Report and present such report to the City Manager and the Director prior to the annual anniversary date of the Agreement, along with a plan of action as to how Licensee intencisto perform any identified repairs on the Property, THIS SECTION LErr INTENTDONALLY r3LA K Rovao4blo Lloonso Agroomont ioimocl by tbo City of Miiunl to Dodo Floritago Trig, Ino, 30 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. IN WITNESS WHEREOF, the parties 'hereto have executed this Agreement of the day and year first above written. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida B By: Priscilla A, City Clerk APPROVED AS T 1NSU NICE REQUIREMENT irector • partment of isk'Management wrrNESSES' By; /Signature Print Nam By: gnatur 4. Al Pit-Na me Joh y Mart nez, City anager APPROVED AS TO LEGAL FORM AND CORRECTNESS: By Julie O. Bru City Attorney ac,ENSEE:, DAM HERITAGE "RUST, INC, Signature ;4""e3,,,,ICS:dogrefit4 74:\ Print Name Bertram Goldsmith, ;I* Title Authorized Officer President CORPORATE SEAL un1es corpor.aty ly3splution i proBentui autilorizinut diffotont oorpotatooffioer to sifinthis Agroemont, 31 Revomble Lone Agreement issued by the My of Miami 10 Dade ge Malt, Ina. THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. EXHJ T A 'PROPERTY LEGAL DESCRIPTION Lot A, Block 3 Amended Prat of Hibiscus Place, according to the Plat thereof, as located In Plat Book 3, Page 3,1.0 off the Public Records. of Dade County Florida. 32 RovoanbloLioonsoAg ozn,etit isoued by tho City of Mimi to Jade UaIt&ge Trust, Tno, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. EXHIBIT A2 LOCATION OF PROPERTY Rovooabio License Agreement issued by the City of Miami to Dude>;•Ieritogo'Crusl,.Zno THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Property Inkrmation IVIap My Home MIami-Dade Coonly,, Florida Property Information Map Aerial Photography - 2009 0 112 ft Tilts map was created on 10/20/2011 MUD PM for reference 'purposes only, Web Site 2002 Mlarn4-Dade Cotray, All rights reserved., Folio N Pr22e '90 SE ,I; n-c IAMI-DEPT OF dross: 8,,D SSET MANAGEMENT DIVISION 44 SW 2 AVE sTE *25 01AM Ff.„ 33139;1910 Pro, rt • linformation; •, 407 HGIlDEN5ITY USE 3040 3( PrIrnaty Zone ',LUC ds/Baths Iving .1\14 Sy F97.E.2-?; 7457 Cot Size: ;9"SQ FT 25 Page, 1 of Summary Details: D50-4160 Jult. .DascrIption; C:ilsous;PLAT7113% 0 LOT A BD< 3 LOT SIZE 50.,000 X 120 OR 9751-355 0E109751- 9355 0877 01 Assessment informa ear; —12.70 1 1 nd VENe': SulidIng an'llte( V I s ed Valoe Taxable V•alu Year!! raxIng Authority Reclo eV. 'OU71 SChaOr B-0737 Sale Sale Arnot;n1 Saie OR; Sales 7.13.seigles lion Descriatieit Ion; $54 ,000 '50,974 ,974 196, 74 $5 974 ),97 $59 7., forma oi 2011 2 Appf175— Exemption/ Tat71a 3159'(3974/15C $5E76,97440 $6 5596974/$0 ZPG,974/$0 Applie Examptle• Taxable We: $59ES,.974. 6,04 $596,974 $ $594 9'74 on: 977" $ 1.5,000 ales whIctl, e aned ee alGault. of !lop oHhe cleed http:.//gisimslmiarpi.dodogov/rnyhorne/printrnap,asp?rnapurl-thttp://gisirns2.mtomidade.g„., 10/20/2011 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. EXHMIT E, REPORTING REQUIREMENTS TYPE OLBEFIIM DUE LATE Audited Financial Statement No later than 20 days after end of fiscal year or Form 990 Preventative Maintenance Report Anniversary Date of Agreement Reserve/Maintenance Fund Report By December 31 annually Revoonb1e LAoonse Agreoanont lulled by t10 City of Miami to Dacie Heritage Trust, Inc, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. EXHIBIT C INSURANCEREQUIREMENTS I. Commercial General Lhty (Primary& Non Contributory) Limits of LIEWlity, Bodily Injury and .Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations. $ 1,000,000 Personal and Advertising Injury $1,000,000 Endorsements Required City of Miami included a 5' an additional insured Contirrgent'Lltibility (Independent Contrattors Coverage) Contractual Liability • Waiver of Subrogation Premises & Operations Liability Busbies's 'Automobile Liability Limits of, gability, Bodily injury and Property Damage Liability Combined Single Limit Any AutO/Owned Autps/Schecluleci Including 1,iired, Borrowed or Non -Owned Autos Any OneAcOldent $ 1,000,000 Enciorsements Required ineluded as an Additional insured Iteveenhie License Agreement issued by the City of Miami o Dadeii oft gonna, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Worker's 'Compensation Limits of Liabiil Statutory -State of Florida Waiver ofSubrogation IV, Employer's Liability i i osit& 4Li li.Gt $100,000 for bodily injury caused by an accident, each accident, $100,.000~for bodily Injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy Iirnit V .., Property Coverage Dade Heritage Trust shall maintain "All Risk" special form coverage for Real and Business Personal-P.rop,erly coverage.insuring.egainst...all: risk of..direct physical .ioss,ar damage, including coverage for theft, windstorm, hail, and flood, as applicable and insuring 100% replacement on the building and iLicensee's improvements, including all its equipment, fixtures, furniture and all other personal property in and about the property, The policy or Insurance certificate should further Include coverage for sprinkle leakage, plate glass coverage, and business interruption and extra expense, preferably written on an actual loss sustained basis. The property certificate rnuat showfull 00%replacement •cost.basis valuation with a maximum deductible of.$5,000 as to ail other perils, and 5% on windstorm, hall, The City shall be named. as an Additional insured and loss payee on this coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the Insurer not less than (30) days prior to any such cancellation or material change or In accordance. With policy provisions, The City reserves the right to reasonably amend the insurance requirements by the Issuance of a notice in writing to Licensee, The Licensee shall provide any other insurance or security reasonably required by the City. Companies authorized to do business In the Mate of Florida, with the following .quail'i'idaFlcins;..shall ssuie'alf lnsurarice noi'iales reACilr"d° r boVtir" ...• _..•._. _....._.. ,....., . . ^"� i e crari7'�aaTi7y must-berated..T 6ss li—dii "A-" as c maiiagemen ar d rybless than "Class 1" as to iFinancial Strength, by the latest edition of E st's Insurance Guide, published by AM, Hest Company, Oldwick, New Jersey, or its equivalent, All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to Insurance approval. 36 Revoonbro Lloense Agrco m nt Issued by the City of'MinnI to Dade llo ltage Trust, Ino, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Description Dade Herlta e Trust Tracking # Date: 1/17/2012 Financial Rath satrejth REQUIREIVIE TS: nsurancejQI.Required„. • ity of Miami is JamAd.JJ t Dna City Is providing insuranoe City. Of Miami is, Loss Payee ayfrOnt Park Named Additional Insured 1, • DEPARTMENT OF RISK MANAGEMENT INSURANCE/SAFETY APPROVAL FORM Name Olga Zamora Department Public Facilites Review Status Commercial General Liability C,N.A Hired and Non Owed Autos C,N,A .Workers Comp: Letter In Re Wind Policy Citizen Building Lloyds of London Business Personal Property Flood Fidielity insurance Company D&O Liability Great American Crime. Covo'rege Pollution; IFtVALTATI APPROVMD rank Gomez Property and Casualty illianager 91xamotmsagnaltamalriamli.#4...1117grat Not Approved Coverage is insufficient I—IA:Type of Coyerage Is Missing Not A Rated Company Other The City NOT Named Additional insured san.unlowersaatolt eaceerogesen Insurraithoo/Seety Cominewitsii Licorise.Agreemoint between the City of IVIllanal and Dade HeVitoge.Trust for.the vise of approximately 1467 square feet of City owned property -located at 190 9,E,..12 Terrace, Risk 002 1/17/2012 2:3 PM THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 1P 110, AL .AL ,-.) v�./c.,;Y+'W t ,, ,Y,i + .,,, "' CERTIFICATE , F I I::;ILITY INSURANCE DATE, (MM/DID/YYYY) 01/14/12. THIS CERTIPICATE IS ISSUED A`3 A MATTER •op INPo}NIA1'I N ONLY AND CONFERS NO RIGE11'S UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT APFIl MrljATIVgLY OR NEGATIVELY AMEENDI EXTEND OR ALTER THE COVERAGE AFFORDED EY THE POLICIES BELOW, THIS CERTIFICATE QF INSURANCE DOES NOT CONSTITUTE A CQNTI ACT 13E7WEIEN' THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE ORPROl PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the oertifleate holder 1s an ADDITIONAL INSURED, the' poiioy(ltas) must be endorsed, If SUBROGATION 1` WAIVED, subject to the terms and conditions of the (aolioy, curtain polloles may require an indorsement, A statement on thls certificate does notcotlfer rights to the certificate holder In lieu of suet) endoreernelit(e), PRODUCER 2' 0$-444^2 32� MOAN insurance Group Inc $62 Minorca Ave 20844414080 Coral Cables, FL 3 3134 Norbert FurnEandes Cd©NTAB�Ir M i k e i)T- ; Na)A .. es: CUR PER R , DADEH-1 INSURER(/ ArrQRDIN8 °COVERAGE NAIO.d/ INSURP•D Dade H0rlt1gs Trust, Inc, 196 $E 12f11 Terrace Mlstnl, FL3;131 INSURER AICNA INSURER 131 „M 1ficunstoi INSURER D r NSURER E1 IN EL IC F .A I nn mar:errr. C C'1(i51C11d N4.1MI8I Th rHls IS To OERTIFY 'THAT THE POLICIES of .INSURANCE LISTED 13F.,I.,oW HAVE BEEN ISSUED TO THE INSURED NAMt O ABOVE FOR THE POLICY PERIOD INDICAT8D, NOTWITHSTANDING ANY REQUIREMENT, TERM oR .00NOITION OF ANY CONTRACT Old OTHER DOCLIMCNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE Ib3UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL1C1613 OF 9CRIBEn HEREIN IS SUBJECT TO ALL TI-IB TERMS, FXOLLI$IONS AND OQNOJTION6 OP SUCH' POLICIES,' LIMITS SHOWN MAY HAVE BEEN REDUCED l3Y PAID CLAIMS. 1' ufi JNJ TYPE of, A i ..: : p:1, ' u . NtIb1'NUM11En I�CLIGY EFP ROL''�jp�•;�` so IMMID.DIYYYY) ...,... LIMIT? ..ExT�..�„w. 8ENERALLIABILITY _(MM/DDNYYY1 FA/�GIIOOCURRENGE $ ,00(),006. A )r` L0MMCFCIAL GENERAL LIAHILI'I'Y )G 4029 05179 08/16/11 OW/CZ ounsnao) $ 4,(700,000 J OLAIMS.MADR I X.l OCCUR ,p11CIJl9Ca_OjCrEin M(3D6XP(At)ynrlG„ orAnniti) , 4 6)00, PERSONAL F. ADV INJURY $ 1,000r000 GENERAL AGGREGATE $ 2,000,000 _ GI3N'LAGORE8ATBLIMIT APPLIES Pt:R; ProOl/I>TS,OOMF8OPAG0 .$ 2,000,000 POLICYf My1 I�("3T L I 9 M M $ AUTOMODILe'LIADILITY ,�.... C0MCINLD 8IN1LD LIMIT (E"aanlUsnq $ 1,000,000 A ANY AUTO 4029206182 08/10/11 02/16/12 13oDILYINJURY (Porporaon) $ ALL OWNED AUTOS DObILY INJURY (For aaaldont) $ X 0GIrICDULCIAUTCOS HIRED AUTOS PROPERTY DAMAGE (Poi. t�ooldant) •, 4 X NON-0WNED AUTOS 1 { =`� $ r .. ,� rrw rr'r C,; Si umnrmLLALIAT3 oCOUI@ — 1` 'I-''l;I Il\1ll 1. T' EAGFI OGOU2RENOE 1 T 0X066F1 L[$U GI AIM$ MAtk 1, a AGGREGATE $ rEt1UGTl8L$ RETENTI.(%I`1 - 1, ,..-- _It WO{ICCRSOOMP6NSATION 1qq�11 �i TORYGltvl , ER AND I_MPL0Yeesi LIA13IUTY Y I N ANY PRopRIEToR/PAR'rNGRIEXE0u1'IVE E.L. EAGI IwACCIDENT $ CFPICERIMEMBER PXOLIJG1En7 I l (Ma rdatary.ltl NN) N / A �, E,L, D148A8C”8A EMPLOYNF $ W . If vss do+sprlbo under Dev,npTI�TN OF CPE12A1'IONS palge� C,L, DISEASE -FOLIOY LIME(; $ A Property Section Special/1°% Wlnd 402626617$ 08/16/11 08/10/12 contents ao,Q01 _ C83RIPTmN of 0PMRAT36NS / LOCATIONS / VHHICLES (Al oh AflORD 'I Di, Addltlonnl Ramnrb Sobs/Oslo, It mars space Is rnquh'ai1) (Iub-Glvio, SerVire or Social O.C'RTIPICATE HOLDER ..... City of IVilainl RIsk MtynagemDnt Dlvl1F0n. • 444 SW 2nd Avenue,9tli Floor Mini, Ft. 23130 OAGELI.A:TION 8I4OULO ANY Ur TIir? AE40VE Dsscrtl36O POLICES 6 sa OANOkl.I.ND BEP.ORE Ti16 EXPIRATION DATE THEREOF, NOTICE WILL }3E DELIVERED IN AGCORWANCI; WITH THE PCLICY'PROVI®IONS, AUTHO $ZE1,DBORNSENTA'FIVF/ A()OI W 20 (2009/08) CQ 1988.2009 AOC)'RD CORPORATION. All rights rosorvod, Tho ACORD nalno and logo are rejlaterod marks of ACORN THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. NOTEPAD IN$LINMIn NAME Dade Hlerit99E 'rug, Inc, 8P81 1 ��i�A,ODQ CT •dko D? G 71 U.IO" 9/2o/1'1 tip £i2Q112 UlED1NG- 9A !IR 1 ,1 81I V '1994669 9/16/11 to 9/16112 �Irr tar & q� cer GreatD rririn I �, #EPP4629496 9/17111 to 9117112 trrli� ofl �_I�Ib�1,bgQ,�tip, �teterrtl�n- �f,U�U D,AbE11�� PAs5 2 OP Its; AL nm 01/11/12 S N.SY J % 678-Pear 1 XN pd erf.7 Epp 7111 to i3117/12 pr,, THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 47. 4 PRODUCER MOW Insurance group inc 302 MInf)'oa Ave Coral C,�ahloa, F L 33134 Norbert Fernandez INSLIRRI) CERTIFICATE OF LIABILITY INSURANC, Dade HF+r)Lacdo Trust, inc, 100 sr. 12th Torrao0 Miami, FL 33131 OP IL): AL lOM iNIN IDDIYYYY) 2/20/11 THIS CERTIFICATE. 1$ ISSUED .A$ A MATTC'R Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 1nX11510 OR ALTER THE COVERAGE AFFORDED EY TEIC POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROCURER, AND THE CERTIFICATE HOLIER, IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the palley(lo) mint t)e endorsed, If SLI13ROCATIQN IS WAIVI I), subject to tho terms and condltlens of the policy, certain policies may require an endorsement, A statement on this certificate does not confer tights to the certificate holder In Ow of such endorsement 305 444.2324 A° 3013 444.4V 0 A1G Nq, 0011, maw pAl9EN4.1 PAX 4A(C Nat IN$URERIS) LaD(2CIIN0 UOVERAG;E INSURER A I Lloyds of London - • wattrig,13B I INSURRR; INSURERd I . INIJUaER E I INSUFIGR NAIL; I EVCSION NUMI3ERI VW. 1=AAVAJ11,47 .wr+wwrawrvm..wnl •, w , a .a� ..'-. , r. , av,r,rvr w• .. THIS IS TO OERTIrY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVrE, BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR'QONDITIQN or ANY CONTRACT OR OTFFR DOCUMENT WITH RESPECT TO WHICH TIII9 CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THIS INSUgANO1s AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE SEEN REDUCED SY PAID CLAIM&, f SR ti TYPM OPINKt1RANOR MIN POLICY NUMHkR PLIL CY dP . IMM/DroT YY)'0M/DPir IVLIRY PXP l LIMIT$ ry QUNERAL LIABILITY EAOI•I OCCURiRENOf5 COMMERCIAL cRNRRAL LIABILITY nA!�MAI alga oa urr -" E� s accurrvnnol .� _ CLAIM6•MAOE O)CUR . MED EXP (Any Oa Vanl $ PER6(NAL.aADVINJURY $ OENRrRALA$QRROATG CfIalNl'LACUIEOP;r4 LIMIT APPLIE5PER: Mrt PROCUO'1'S-OQMPIOPAGI1 POLICY iFS'rr LO() $ ,,, J AUTOMOgILI; LIAEILITY __ ��)S , . ,`, \ CQMLitNaa 4INGLC LIMIT 4Eaeaoldent) $ ANY AUTO �w:^,`^\� :i BODILY INJURY (Par pnr8on) $ AI.L OW NPQ AUTO$ +'• � , BOC)ILY INJURY (Por aooldont) $ S Sb{REDULEI AU rO$ I IIHUU AUTOS ka,• ., PROPI3RTY DAMAG$ (Por 000lOont( $ N UMSRULIA LIAL1 OCCUR EACH 000URRIENOq, $ GXORS5 LIAR - QLAIM8.MADE AGQRRt3ATE 1 RETI5NTION w u $ ,., WWRKRR8.00NIPEN$A11ON . L. �,,, tY l.lalTTpp��6; Q ANL/EIt$PLWERS'LIAPJILI'FY YhN ANY PpROPRI-fOR(PARTNER/EXFOUTIVR E.L, LACVOLI,I$ENT $ DMMICEFIM^IIR I UXOLUDI?D7 r (Mandatory In M0 RI, CIIUEMR-EAJENIPLOYGQ If o dastltON t I, O 17 l:lirIIII)N OP OPERATIOI/Ei }aufaw PL., DI$EME • POLICY L MIT $ ~ w-- A , Property Soatlen Spacial/RC/ X WfnS3 NieME014 4Ctl0 _ 06717/1i O8117/12 1 udiding 1QD,271 Doe ,Sp DEOCRIPTION OF OPERATIONS r LOCATIONS 1 VEHIJLL'$ (PAW!) ACORI 101, Ad IU(anal C'koroarka Ro$o tn1n IT more 8}I000 la rogulract C4uh-Olvia Ssrvlce or Social CERTI ICLA`(E FaIDE,r4 LOBS PAYEE • . City of Miami . Rick Management Division 444 SW 2nd AWITILIa, ptii Floor Miami, FL 33130 AC'tOR19 25 (2000/09) OA LL Tin $HOUL( ANY OFF THE ABOVE DESCRIBED POLIQtE9 t1E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTIpt2 WILL BE DELIVERED IN ACCORDANCE WITH TIME POLICY PROVISION13. A1ITHORIzEf) REPRUBIINTATIVLr 1" 19I3U-2009 ACORIU CORPORATION, All rights rorlorvesi, The ACORN name and logo a.ro registered merits of ACQRID THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 2011.2012 OFFICERS PRESIDENT Bertram "Chico" Goldsmith VICE PRESIDENT Jorge Hernandez TREASURER Walter Alvarez SECRETARY Francena Koch AT LARGE Ann Marie Clyatt Enid C. Plnkney TRUSTEES Brian Alonso Margie Anderson Hilarlo Candela Matthew Greer Linda Collins Hertz Dwight Dull Megan Kelly Lisa Mackie Judy Pruitt Lois Randall Violotto Sproul Venny Torre Olga Vlelra Lilian Walby Don Worth ADVISORS Gay pondurant Gary I-teld Adolfo Henriques Ruth Jacobs Sallye Jude Penny Lambeth Nancy Liebman Dolly Maolntyre Bruce Matheson Thomas J. Matkov William Murphy .George Neary Leslie Pantin Arva Moore Parks Elizabeth Pater-Zyberk Jeanette Poole Noriah Schaefer Don Slesniok II• Herb Sosa Ellen Ugucoioni Mary Young co peaky Roper Matkov HERITAGE. DADi HERITAGE o TRUST January 11, 2012 City. of Miami Risk Management Dept Attn.: Property & Casualty Coordinating 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 According to our Revocable License Agreement, Dade Heritage Trust is exempt from the obli.ationls to carry worker's compensation insurance due to the fact that we have fewer than four employees. Yours truly, ,41,47 ,0 Becky Roper Matkov, CEO 190 S.E,• 12"i Terrace, Miami,FL 33131 ^ Phone (305) 355-9672 / Fax .(306) 358.1162 E-mail: InfoQdadeheritegetrust,org • www,dedeheritag.etrust.org THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. FIDELITy NATIONAL' INbr3MNITY IN9URANCI3 COMPANY !Wilts? National Indemnity Insuranon Oarnpany P,0, t x 33003 St, Petersburt{, C~L 373a40o3 1.000.r73U,3247, 0» DECL.LUA:TIONS PAGE. FFL 99.001 0311 3075905 9/19/11 2000 11523IMFLDS YB� .GLR v a u a f �S'i, .i.A.µ a ' Il ia' f �T' ` ,! . _ D � :. ��i?2.. ae �4Y �r�.iFrti4en'rl �'�p �f'd- .. i.. ..r. CB r✓l � . �.:T.�l `� S, 6 .. �... i4.. ®1��..+�'' Prom 9/20./11 Tol 9/20/12 12;01 am Standard TInio 1 yr(s) 9/20/11 • 12101an1 070195.8 (305) 444-23'24 Agent (305)444-2324 MDW INSURANCE GROUP INC 362 MINORCA AVE CORAL GABLES FL 33134-4304 Ineured Location (Mother than above) 190 SE 12TH TER,. MIAMI FL 33131 DADE HERITAGE TRUST INC 190 SE 12TH TER MIAMI FL 33131-3204 Addroas may have been changed hi accordance with Uspe standards. Grandfathered: Building Description: # of Floors.: Basement/Enclosure: No Non—RosLunt ial One Floor Crawlspaco Community Name: MIAMI, CITY OF Community #: 120650 Map. Panel/Suffix: 0314 L Condo Typo:. N/A' Community Rating: 07 / 15% ' Program Status: Regular Adjacent Grade: .0 Rating Flood Zone: AE Location Description.: Contents Location: Lowest. Floor only Above Ground Level Elevation DIU: N/A 3 ecru BUILDING CONTENTS $200,000 $36,500 DEAR MORTGAGEE The (deform Act of'1964 requires you to notify the MO company for this polioy within 60 days of any changes In the eervIoer of this loan, The above message applies only when there le a mortgagee on •the insured location, $1,000 $1,000 PROBATION SURCHARGE:' .ANNUAL SUBTOTAL: DEDUCTIBLE CHARGE, ICC' PREMIUM: COMMUNITY DISCOUNT: TOTAL WRITTEN PREMIUM: FEDERAL POLICY SERVICE FEE: TOTAL PREMIUMT $1, 751.:00 $591.00 $.00 $2, 342.00 $118.00 $ 70.. •00 $380.00 $2,150.00 $40,00 $2,190.00 This policy covers only one building, ifyou'have more than one building on your property, please make sure they are all covered, ,See III, Property Covered within your Flood polioy for the NFIP definition of "building" or contact your agent, broker, or Insurance oompany, Coverage Limitations may apply, please refer to your Flood insurance Policy for details, FFLG99.100 0503 0503 'FL 99.310 0709 0707 Copy Sent To: As indicated on back or additional 07019580111807481-14911 62 5 0000E ?FL 99.11E 1005 1005 This policy Is issued by Fidelity National Indemnity Insurance Co pages, if any. Et2464 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. t4Kriotia I' ptutown, IPI9 RI, .A;W !IAN'? 09 1150748449 00 2000 11523 FLD ItGLIt Fidelity National indemnity insura.noo Orampony 1, FL 99.. 3.1.0 0709 0707 P.c,, cox a3003 St Potrirsburg, FL 33733»4003 3015905 1-1100.8204242 9/19/11 Fidelity National Financial, Inc, Group of Companics Privacy Statement 9/20/111 Revised; March 15, 2006 This Privacy Statement explains our privacy practices, including how we use your non.publio personal information (`Personal Information"), and to whom it is disclosed, We may amend this Privacy Statement from time to time consistent with applicable privacy laws. Each affiliated company of the Fidelity National Finanoial,. Inc, Group follows the privacy practices described in this Privacy Statement, Depending on the business they perform, these affiliates may also share information as described below. We may. collect Personal Information about you from the.following sources: s Information we receive from you on applications or other forms wo receive from you or your authorized representative, such as your name, address, social security number, tax identification number, asset information and income hnformation; Information about your transactions with us or the services being performed by, us, om' affiliates or others, such .as information concerning your policy, premiums,. payment history, information about your Morse or other real property, information. from lenders and other third parties involved in such a transaction, account balances, credit .card numbers and payment histories; Information we receive from you through our Internet web sites, such as your name, address, email address, Internet Protocol address, the web site links you used to, get to our site(s) and the pages viewed while at orir site'(s); and 0• Information we receive from consumer or other reporting agencies. Protection of the Gonfidentiaality and Security of Your Personal Information We xrlaintairri physical, electronic and -procedural; safeguards designed to protect your Personal Information from unauthorized access or intrusion,' We limit access to the Personal Information to those employees who need such access in connection with providing products or services to you or for other legitimate business .purposes, .Sharing of Personal Information We do.not.disclose Personal Information about our oustorners or former customers to anyone, except as •perxnittea by maw, W'e do not share information we collect from consumer .or credit reporting agencies with ow arnlatos or. others without your consent runless such disclosure is otherwise permitted by law, Consistent with applicable law, we may 'nevertheless provide all or some of the Personal Information described above •(excluding information we receive from -consumer or other credit reporting agencies) to the following indiyiduais and companies; .To :btu' -affiliates, .suola as insurance companies, agents and other real estate service providers to provide you with servioes you have requested or a:s otherwis.e-permitted under applicable law; to insurance agents, bre err, representatives, support organizations or. others: tho.,extent_, necessary provide you with ser'v.i'0.es you have requested, so long as the :above entities and persons agree riot to -further disclose your Personal Information except to the extent necessary to carry out the requested service on your behalf; • to enable us to detect or prevent criminal activity, fraud., material misrepresentation or nondisclosure in Connection with an insurance transaction; and in connection with performing aninsurance transaction for you; 07D11580911507118019111E6204 0.0011. 0241e4 Ti.1.414.,,,r THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. FL 99,116 1005 1005 3075905 9/19/11 09 1150748449 00 9/20/11 2000 11523 FLIT RCLR IMPORTANT INFORMATION ABOUT THE NATIONAL FLOOD INSURANCE PROGRAM Federal law requires insurance companies that participate in the National Flood Insurance Program to provide you with the enclosed Summary of Coverage, It's important to understand that the Summary of Coverage provides only.'a general overview of .the coverage affprded under your policy, You will need to review your flood insurance policy, Declarations Page, and any applicable endorsements for a complete .description of your coverage, The enclosed Declarations Page indicates the coverage you purchased, your policy limits,. and the amount of your deductible, You will soon receive additional information about the National :blood Insurance Program, Thisinformation will include a Claims Handbook, a history of flood losses that have occurred on your property, as contained in FEMA's data base, and an acknowledgement letter, If you have any questions about your flood insurance policy, please contact your agent or insurance. company, O'7019 80911507W84449112k,203 0000E 02464 THIS DOCUMENT IS. A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. City of Miami Text File Report • City Hall 3500 Pan American -Drive Miami, FL 33133 www,iniamlgov.ocm File ID: 11-00790 Enactment #: R 11-03.94 Version; 1 Type: Resolution Introduced; 8/23/11 Status; Passed Enactment Date; 10/13/11 Controlling Body; Offloo of the City Clerk A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OP MIAMI ("CITY") AND THE DADE HERITAGE TRUST, INC,, A FLORIDA NON-PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 1,457 SQUARE FEET OF CITY -OWNED PROPERTY LOCATED AT 190 SOUTHEAST 12 TERRACE, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING SPACE FOR LICENSEE'S OPERATION, COMMENCING FROM TIIE EFFECTIVE DATE WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO. THE CITY OF PIF 1'Y DOLLARS ($50), PLUS STATE OP FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT, WHEREAS, the City of Miami ("City") owns certain real property located at 190 Southeast 12'Perraoe, Miami, Florida, also known as the Dr,. Jackson House and Surgery (!'Property"), originally the doctor's office and surgical faoility of Miami pioneer Dr; James M, Jaokson, and is both .listed in the National Register.as'a historio landmark and designated as a Historic Resource/Site by the City; and . WHEREAS, the Dade Heritage Trust, Ino,'s ("Licensee!') organizational'purpose is to promote historio preservation within the City and throughout Miami -Dade County; and • WI WREAS, Licensee has expressed its interest.in utilizing the.Propei'ty to further its organizational purpose; and WHEREAS, the City and tho Lioonsee desire to enter into a Revocable License Agreement ("Agreement") for the Licensee's use of the Property; NOW, THEREFORE,- I3I1 IT.RESOLV.ED BY TJIE COMMISSION OP TIIE CIT'y.OF MIAMI, FLORIDA: Section 1, The reoitais and findings contained in the Preamble to this Rosolutionare adopted by reference and • incorporated as if fully sot forth in this Sootion, Section 2, The City Manager Is authorized {1) to executeanAgreement, In substantially the attachedfortn, between the City and the Licensee, for the use of approximately 1,457 .square.feetof the City. owned Property, for the purpose of pt ovlding space for Lieeti sev's operation, comin ene'in:.g *QM. the,9ffecttve date,. wllh, cha Lloensee to pay' a monthly use fee to tho City of Fifty Dollars (150), plus State of Florida Use Tax (if applicable), with additional torms and conditions as More particularly sot forth in said Agreement, . • _ City of Mintn Pngo 1 Pcluted oa 10/20/2611 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. Soation 3, This Rosolution shall b000nio offootivo lmtnodintoly upon its adoption and signnturo of tho Mayor; {2} City ot'Miami 1'n0o 2 PrIntod on 10/20/2011 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. 101X.2012 mums PUSIDENT Bertram "Chico" Goldsmith, VICE PRESIDENT Jorge liernaildoz TREASURER, Walter Alvarez SECRETARY Prancona Kooh AT LARGE Ann Mario Clyatt Enid C, Pinknoy TRUSTEES Brian Mono Marcia Anderson Hi'ado Candela MatchOw (rem' Linda Collins Heitz Dwight Hill Megan Ko Lisa Maoido Judy Pruitt Loth Randall Violotto Sproul Veniiy Torro Vieira Lilian Walby .Don Worth ADVISORS Gay Bondorant Gary Hold Adolfo Henriques Ruth 'Jacobs Sailyc hide Penny Lambeth Nancy Liebman Dolly Maantyro 3t1300 Matheson Thtitnag Y, Matkov William Murphy Goorgo Now Teslio Paola Arva Moore Parks Elizabeth Plator4ybork Jeanette Poole North Schaefer _ Den Stesidok IT • Korb Sosa Ellen 'Ogueeioni Mary Young CEO Becky Roper Matkov Dade Heritage Trust Board Resolution Be it resolved, that the Board of Trustees 'of Dade Heritage Trust voted on Wednesday, November i, 2011 to -authorize Board President Bertram T, Goldsmith, :Sr, to sign on behalf of Dade Heritage Trust the Revocable Li0011S0 Agreement between the City of Miami and Dade Heritage Trust, Inc. for the use. by Dade :Heritage Trust of the historic,' Dr. Samos Jackson Office and Clinic, 190 SE 12" Terrace,Miarni., FL, 3.3134, Signed: ,e4e4.61c„_ Rebecca R, Matkov, CEO • Bertram J., Goldsmith, Jr,, President . :• 4 1 190 SilleVOrrnoMIjilItloado, 33131 piton (305)358,9512 / Vox ($05)353.110 dadolteritnge@cillt.mootbiz,w0 www.dndolloritnsofrook,oig THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Olga Zamora, Senior Project Representative Public Facilities COM FROM: Rafael Suarez -Rivas, Assistant City Attorney DATE; January 19, 2012 RE; Dade Heritage Trust - Revocable License Matter ID No.; 10-3488 Enclosed please find the captioned agreement which has been approved by the City Attorney as to form and correctness,. Once this agreement has been fully executed please forward a copy of the fully executed agreement to our office so that we may close our file. If you have further questions, please feel :Free to contact me at 305-416M18'00. Enclosure(s) WHEN RETURNING THIS CONTRACT TO THIS OFFICE FOR FURTHER REVIEW, PLEASE IDENTITY AS TO- 488 Doc, No.: 300148 THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT. CITY OF MIA. DOCUMENT ROUTING FORM ORKINIATING DEPARTIVIENT: Public Facilities (Asset Management DIvision) DEPICONTACT PERSON; Olga M. Zamora EXT. 1476 NANI(OF OTHER CONTRACTUAL PARTY/ENTITY: Dade Heritage Trust ("Licensee") IS THIS AGREEMENT ASA RESULT. OF A COMPETITIVE,PIROCURMENT PROCESS? 0- YES TOTAI CONTRACT AMOUNT; $ N A FUNDING INVOLVED? 0 YES TYPEOF AGREEMENT: :1 MANAGEMENT AGREEMENT rp PROFESSIONAL SERVICES AGREEMENT Di GRANT AGREEMENT PICPERT CONSULTANT AGREEMENT LICENSE AGREEMENT ' OTHEP: (PLEASE SPECIFY): E NO Z NO D PUBLIC WORKS AGREEIVIENT MAINTENANCE AGREEMENT O INTER.LOCAL AGREEMENT O LEASEAGREEMENT PURCHASEOR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): The Warn( City 'Commlssion authorized the City Manager to execute a Revocable LitenSe. Agreement ("Agreement") between the Cl.ty of Miami and :the Llcenseo for the use of approximately 1,457 square. feet Of City -owned property located, at 190 SE 12. Terrace for the purpose of providing space for LIcensee's operation with terrnsand conditions es more particularly set forth In said Agreement. • COMMISSION APPROVALDATE: 10/13/11 FILE ID:-11-00796• IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT O.; 11-0394 . ..,,;,•.;:; Y.P1)iliNOIN ' ',ATI' „ ., Date , . SIgnature/PrInt .„,,, APPROVAL BY DEPARTMENTAL DIRECTOR hq/ ,0 zei/ SUBMITTED TO RISK MANAGEMENT , . EC-21 Z011 ,, sunivi ram TO CITY TroR 1 c'N)( MATTER 10+3438' P ' ; C') 00? 44 1 I i ir z, ,,,,,,, it,;) ter- k Y:. ' ' • , -,,,, , LAeif(?),,,'' 72,1/. 0. X. ' APPROVAL BY CHIEF ' -..-6 —'1.',2 ' ,--ir':::'-.. ' . ....,..,...... RECEIVED BY cry MANAGER . SUBIVIITTED TO AND ATTESTED BY CITY CLERIC ...., .. , .. ..„ • _ " . .. . . .. .., „...:::: ONE 0 Rid INALTO CITY*CLERK, ONE COPY TorCITY. ATTOPN ry', OFFICE, REMAINING ORIGINAL(S) TO DEPAITTIVIENT ,.. • . ' •' - . .• -... , . . ... • . - • " . .,,- . , .... • ..... .. . . . ...._ . , , • PtlAsE ArrAcH THIS ROUTING FORM TO;ALL.DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER R SUBSTITUTED VDC ,BLE. LIc tEN5E ARE ` eEN' ISSUED BY THE �F BBBB,"'.',' B TO DADS HERBTAGE TR BNC FOR THE OCCUPANCY OF T!, E POPER _iOCAIED AT 190 SE 12th TER CE, FLORIDA AKA D , JACKSON' OFFICE. SUBSTITUTED TABLE OF CONTENTS Recitals,r,r,:,.....,.,,r.,,.,r.r.,,.r..,,,.'.,.,..,.,..r,,,........,.,..r.r,r„ r,., r„ „r,,,,,.,.r,,....,2 2, Definitions....................................................r....,.....,....,..... .....,r2 3. Purpose,,..,....,.r.................................,.,,,...,.....,....r...,..,..........r.....,.,.,...,,.,,.......,,„,, .,.1..,....'3 4. interest Conferred >:iy This''Agreement..,,...,...,r......,,r...............,........,,r,...rr,,...... 10.1 ,..... r,,......' 1 5. Manner of Property Use . .................................................. ......,..,....,...,4 6. Occupan.cy and 'Term ............................... r...,. .......,...,,..,,1,1.15 7, Continuous Duty to Operate.,,..,.,....................................................,.......,,................,..,..,,...,5 8. Use Fee .... .i..r.i.,Y......,r.,.,,.•,...4. ..6 9. Late Fees, .r.,, 6 7.0, Returned Check Fee,,,,,,,,,.,.4....1.. .,......r.,....,....1.,,,r,16 11, Guarantee Deposit, ,r,.,.f..............r. 12. Services and Utflhies.,.,,,.,,,,,..,,.,.. ..r...............r..,..r,,., 13. Reporting Requiremonts........................................................................................................ 9 14, Condition of the Property and Maintenance-, ..... „, ...... r 12 15, Alterations, Additions or Replacements„,„„„ ,,. 13 16, Violations, Liens and Security interests 14 17. City Access to Facility, 15 1.8. Indemnification and Hold Harmless, ............ ......... .............r...,,,,.....».............. ,.16 19. Insurance 17 20, No Liability' ,,,,,,,,,,,,,,,..... .....,1'7 .21, Safety. ............................... 22. Ta'xees,and Fees, ..... .„, .................. , .......... ......... .............. ...„ ..... ...... „,„,„„........ 18 23, Cancellation by Request of Either .o., he Parties without Cause. 18 24. Termination by City Manager forause. 19 25, Notices,....,r..1....................r..r.. ,,,... ...,,,.r„•,.,.'r,,,.,,,r,,,19 26, Advertising, *Y..,,...,.n.....,...., ,,,.,,.,,o,.',,.,.,,•,,,.r,,., 20 27, Hazardous Materials,r,,.,r,.,4................ ...r,Y.,.,•,,. ,..... ...... ,,,,..,,..,r..,,,21 28. Radon Gas, .................„r,..,....,,,..,,..,.,•,r,r,,,,r...... ,,..,,•„r,,,,,,H.....1..1.i... ,.,..,.,,.,,..... ,,..,.,,.,r..,,.,.22 .29, Licenses, Authoriz.atl• s and Permits 22 30, Compliance with a Applicable Laws ..,.,..1...r................22 31. Ownership oi' 1 rovementsr,,.,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I,,,,,,.,....,...,,,,,....,,, 23 32. Surrender of oper'tyr ............. Orr" ..... ...,......... r......... .........,......... ...... ............. .,,,.....,23 33, Severabiiit 24 3.4, ,.Invalidit' ... ..,r,,.r•irrrir.,ll,,i....,.ri.,.....,r.,Yi.,. 1....I ., ,.....'.. r1r......„,.{,.e,....,ir....Yi.lrrli!'r'.1.rrrr.'r'rY.iv'rr 1'YYr rllrlr'W4 35. No As Wnment or 'Transfer, ....,,,......... .............,,.,,,.,.,,,..,.,.,'.,..,,...... ... ,.,,,... ,.,•r,....,..,,,."..... ..,,, 24 -..--8.67-Pub Records,— T ..... r.,..,,.,,T,mr-,Tri 25 37. C: filet of interest.,',....,......,.,. .... ,........ ..r..... .4..,...r25 38. mericans with. Disability Act ................. ,............ ,.,.......... ,.,....... ,.......,....25 3.•. Nondiscrimination, 26 •0, Affirmative Action. . 26 Revboablo Mamie AgreomenlIssued by the City of Mimi to Dada Horitnge Trust, Inc, SUBSTITUTED 41, Minority/Women Business Utilization, 26 42. Amend.ments and Modifications,,,,,,,,,,,,,,, ...V.... „,,., 43, Attorney(s') Fees. ,,,t4p..,,tr.voti . ... 14. .... • . /too,. ..... .......... $04 ........... ..... • .. 4,.........,.,,,....,.,,,,,,, 7 44., Litigation; Venue ....................................................1....,.1,..,,.........,.........,....,,.....,,,.. ,..27 4.5. Waiver of Jury Trial,.,. ............ ...... ...... ...11,.,,,.4............. ,.....,.. 4..14..1.,,I1.Y121 46, Waiver ............. ..,28 47. Time ofEssence..................................................................,....,.......,.....,.,......... .111111.,...... 28 48, No Interpretation Against [draftsmen ..................................... ...................... .............28 49, Further Acts. ...... 4.11.4.41•14 ............ ......... "A". ..... ..... 28 50, Third Party Beneficiary, .......... .....1.,,29 5'1, No Partnership, ............ ..... .... ..............................,...... ., ,....,...,. ,,,,.,,.,.,..,.,.29 52, Headings 29 .53. Authority, ,,,,,,,,,,,,,,,,,,, „,,,.,..,1„it.....,,,,,,.,,..., ,.,.,,,,,,.29 54, Entire. Agreement. ....... 04.1.14,1444.441110441.1411•44,144 ........ 114•101,41 .14 •.,,,......... 29 55, Special Provisions. 1,11141.4 30 EXJ111✓f~I' A.+ ................ .............. .,,f..,...... ....... ,....,..,,, .,..,. 4,,1411 .. ,41,...,,.1...... .,.,.,,,,.11,. 141..91 .,.... 11,,,,.1132 EXhIIBTTA2.,, ,.,..,,....................., .,.,.....................,.....,.................,...........,......,.,..33 D(FilE IT 614......................"14.....,.........,...•.,., 41.......,..1, ..,,u.i,,,,,,,F,,,,,., 11....44.,..,,..11........34 EXHIBITC........... ............. .......1........,..,.........1........... , ..., 11,1,,..41 1.....444 4,.,.....1.......135 Revoosble Lioonse Agreement issued by the City of Miami to Dude &tai.tria° Trust, Inc. ii SUBSTITUTED REVOCABLE LICENiSE AGREEMENT This Revocable License Agreement ("Agreement") Is made this da of ib` and between the City of Miami a municipal corpor. Ion of the State of Florida ("City") and Dade Heritage Trust, Inc, ("licensee"), a non-profit ► iporation incorporated under the laws of the State of Florida RECITALS WHEREAS, the City and Licensee ("the Parries") desire end intend to enter into a Revocable License Agreement for the use of City -owned p party located at 190 SE 12th Terrace, Miami, Florida ("Property"), also• known as Dr, Jacl •n's Office;.and WHEREAS, the Property was originally the do • or's office and surgery facility of Dr. James M, Jackson, Miami pioneer., and is listed in tnational register as a historic landmark; and WHREAS, the property Is designated .s a Historic Resource/ Site by the City of IVllami; and WHEREAS, the Licensee's org Izational purpose is to promote historic preservation within the City of Miami and the w er Miami -Dade County community; and WHEREAS, Licensee ha uses; and WHEREAS, this Revocable License Agreement Is not transferable; and WHEREA , this Agreement Is revocable -at -will by the City .consent of- ti -Licensee; and EREASthls Agreement does not transfer an interest in lease Id interest In real property owned by the City; and W1-Ii:REAS, this Agreement does not confer a right to use general purposes; and Revootible License Agreoinent issued by tho City of Miami try Dado I•Ierltago Trust, lno, )(pressed Its interest in utilizing this City -owned property for Its assignable or otherwise Manager and without the real property including any any real property for any 1 SUBSTITUTED WHEREAS, this Agreement permits only certain, enumerated, specific, listed permitted uses and does not permit anything further; and WHEREAS, this Agreement requires that Licensee must maintain and comply at all mes with Section 18-188 and 18-189 of the City of Miami Code, as amended; and WHEREAS, this Agreement confers no exclusive possession of the Property; d WHEREAS, this Agreement does not convey or transfer any right to clude the City from any real property; and WHEREAS, the City and Licensee desire and -intend to enter In • a Revocable License Agreement; and WHEREAS, the Parties jointly and voluntarily stipulate .s. to the accuracy of these recitals; and NOW THEREFORE, in consideration of the mutual c enants set forth herein, the parties hereby agree as follows: 2. Recitals, The foregoing recitals are hereby in rporated and made a .part of this Agreement. 2, Defini1ons, A. "City Manager" is t City Manager for the City of Miami, Whenever the terra the "City" is use• in this Agreement without further elaboration for purposes of l I this Agreeme the term shall be construed to refer to the "City Manager". 13, "Director" hall mean the Director of the Department of Public Facilities for the City o ' iami, C. "E ctive Date" shall mean the date that this .Agreement, Is fully executed by the artlas, in the event the Effective Date does not 'fall on the first day of the month, the Effective Date shall be adjusted to be the first day of the following month, "Hazardous Meted& Laws" means all applicable requirements of federal, state and local environmental, public health and safety laws, regulations, orders, 2 Rovooablo L oonuo Agm000ut issued by tho City of Miami' to Dab Halloo Trust, luo, nee SUBSTITUTED permits, licenses, approvals, ordinances and directives, including but not limited to, all applicable requirements of; the Clean Air Act;; the Clean Water Act; t Resource Conservation and Recovery Act, es amended by the Hazardous .nd Solid Waste Amendments of 1984; the Safe Drinking Water t; the Comprehensive Environmental Response, Compensation and Liah ''y Act, as amended by the Superfund Amendments and Reauthorization of 1986; the Occupational Health and Safety Act; the Toxic Substance 'Control Act; the Pollutant Discharge Prevention and Control Act; tr • Water Resources Restoration arid Preservation Act; the Florida Air an• ater Pollution Control Act; the Florida Safe Drinking Water Act; and the Florida Environmental Reorganization Act of.1975, all as may be amen d from time to time . E, "Permitted Uses" shall mean' the use of he subject 'City -owned property primarily and principally as the principal eadquarters .for the Licensee's historic preservation activities', and seconder as a display museum for historic artifacts and/or memorabilia relating to t Dr, Jackson Office, historic Miami, or Miami - Dade 'County, and for no otherurposes without the prior written consent of the City Manager which may -e withheld or conditioned at the discretion of the Manager.. P. "Property" shall ►• an the City -owned real property and improvements consisting appr• mateiy of 1,487 adjusted square feet of building space on a 6,000 squar= oot lot located at 190 SE 1 th Terrace, Miami, Florida, the legal descripti• which is more particularly described in Exhibit "Al" and the location map i'ch Is depicted In Exhibit "A2" attached hereto and made part hereof, .Pu.rp e-City_t's ihe-owner-of':the-Property—=rhe-City-has-deGer-rnined-that the.-Property-is-not-_-.....w.--__-. d at this time by any of the Clty's offices or departments. The City has expressed Its desire t• assist the Licensee in accomplishing Its purpose and in furtherance thereof authorizes the Licensee to occupy and use the Property for the Permitted -Uses, under the conditions 3 Revooable Lieeme Agreement iseued by the City of Mittnli to nado Heritage'rrtIYt, Ina, SUBSTITUTED hereinafter set forth. The use of the Property is strictly limited to the Permitted Uses and is not to be used for any other purposes whatsoever., Any use of the Property not authorized and the Permitted Uses must receive the prior written consent of the City Manager or hi ier authorized designee, which consent may be withheld, denied, or conditioned for a or no reason, including, but not limited to additional financial consideration, 4, interest Conferred By This Agreement. This Agreement confers no exclusive possession or tenancy of the Property, The Licensee cannot exclude the City from the Property, This Agreement solely authorizes Licensee to the tempor y use of the Property for the limited purposes set forth herein and for no other purposes, he Parties hereby agree that the provisions of this Agreement do not constitute a lease, to rights of Licensee hereunder are not those of a tenant, but are a mere .personal pri ege to do oertaln acts of a temporary character on the Property and to use the Property ,ub)ect to the terms of this Agreement, The City retains dominion, possession and control the Property, Therefore, no lease Interest in. the Property is conferred upon Licensee u►•er the provisions hereof, Licensee does not and shall not claim at any time any leaseholinterest or estate of any kind or extent whatsoever in the Property by virtu of this Agree ent or its use of the Property hereunder, Additionally, Licensee does not and shall not c ; m at any time any leasehold Interest or estate of any kind or extent whatsoever In the Pr erty by virtue of any expenditure of funds by the Licensee for Improvements, construed ' i, repairs, partitions, or alterations to the Property which may be authorized bythe City 5, Manner f Property Use. Lics see's use:ofthe Property Is non—exclusive and Licensee acknowledges and agrees to abide. • the germs and Obligations as set forth in the services to be provii e , manner of op :.tign;. use areas and .maintenance and utility. obligations, provided however, the City 4 Revooabio Lioeane Agi'een nt issuod by Ibo City of Miami to Dodo Itentage Trusi, Ixxo, SUBSTITUTED agrees not to enter Into another license agreement or other similar agreement on this Property that would interfere with Licensee's ability to operate on the Property. . Occupancy and Term, This .Agreement shall commence on the Effective Date for a term of one year with nine (9) one year options, as set forth in this Section, subject to renewal for a ► .ximum period of ten (a.0) years or until the first to occur of the 'following; A. Cancellation pursuant to Paragraph 23 hereiivor B,. Termination with Cause subject to the notice provlsioof Paragraph 24 herein; or, C, Abandonment of the Property by Licensee, dissolution or merger of the Licensee; To be eligible to be considered for renewal, Lit a see must be In full compliance with all terms and conditions of this Agreement and ca of have been late in the payment of its monthly use fee on three (3) or more occasions icensee must request such renewal In writing from the City Manager three (3) or more m the prior to the expiration of the current term as provided in Paragraph §25 "Notices", Fure to comply with any requirement cif this Section shall cause an automatic waiver of th , icensee's abilltyto request any such renewal, which will be considered conclusively waive 7. Continuous Duty *, `parete. Except where e Property Is rendered unusable by reason of 'fire or other casualty, Licensee shall at : times during this Agreement, occupy the Property upon the Effective Date and shall ther=after continuously conduct operations in the Property In accordance with the terms of th . Agreement, 5 Revocable License Agreement issued by the City of Miami to Dade Heritage Trost, lno, SUBSTITUTED 8. Use Fee. A. Monthly Use Fee. In consideration of this Agreement, Licensee shall pay to City the following Monti Use Fee as set forth in Subparagraph B below: B. Manner of payment. Commencing on the Effective bate of this Agreement, and on t e first day of each :month thereafter, during the term of the Agreement, Licensee shall p to the City a monthly use fee in the amount. of Fifty dollars ($50.00) ("Monthly Use Fee" .r "Use Fee"), plus State of Florida Use Tax (if applicable) for the Licensee to use the Prope , to the fallowing address; City' of Miami Department of Financ .Attention: Treasury Manager ant/Receipts 444 SW 2nd Avenue, ' Floor Miami, Florid. '3130 9. Late Fees. In the event any Use Fee paymne is not received by the City on or before the fifth day of the month, Licensee shall pay to C : / a late charge In an amount equal to five percent (5%) of the respective Use Fee or other ounts owed. Such late fee shall constitute additional fees due and payable to City by ensue upon the date of payment of the delinquent payment referenced above. Accept ce of such late charge by City shall, in no event, constitute a waiver of Licensee's violation; Ith respect to such overdue amount nor prevent City from the pursuit of any remedy tow ch City may otherwise be entitled. 0, ..Ret: :ed-Che.ck-Fee. he event tny-eheelt is-rei urned•-ip the-C-ity-as-uncollectilala, the-laiceanse.e-shall-.iaay uto_� .__.—.-_. City : returned check fee ("Returned Check Fee") based on the following schedule; Returned Amount Returned Check Fee $ 00,01- $ 50;00 $20.00 6 Revoenble LAOense Agreement ism(' by tho 'City of Minnii to lade Heritage Trust, Inc; SUBSTITUTED $ 50,01 . $300,00 $300,01- $800.00 OVER $800,01 $30, 00 $40, 00 5% of the retuned amount, The Returned Check Fee shall constitute additional flees due and payable o City by Licensee, upon the date of payment of the 'delinquent payment referenced abo Acceptance of Returned Check Fees by City shall, in no event, constitute a waiver of Linsee's violations with respect to such overdue amount nor prevent City from the pursuit o ny remedy to which City may otherwise be entitled, a, ,. Guarantee Deposit. Simultaneously with the execution of this Agree ' nt, the Licensee shall deposit with City a Guarantee Deposit in the amount of One i-iundr(Dollars 000,00) as guarantee for the full and faithful performance by Licensee of all obii;:tions of Licensee under this Agreement or in connection with this Agreement, If Licensee is in violation (as provid In Paragraph 24 herein) beyond any applicable notice or cure period, the City may use, • ply or retain all or any part of the Guarantee Deposit for the payment of (I) any fee or oth, sum of money which Licensee was obligated to pay but did not pay, (ii) any sum expe clod by City on Licensee's behalf in accordance with the provisions of this Agreement, .r (III) any sum which City may expend or be required to expend as a result of Licensee's vl any portion thereof b provided for under aI:ion. The use, application or retention of the Guarantee Deposit or City shall not prevent City from exercising any other right or remedy is Agreement or at law and shall not limit any recovery to which City may be entitled oth wise, At any time or times when City has made any such application of all or any part of 1e ivarantee Deposit, the Licensed shaf) deposit the sum or sums Pqual to the amount o applied-by-City-within=ten-(0)-days-of wr-itten-notice--by the City, Provided Licensee .is not In violation of this Agreement, the Guarantee Deposit or b . ance thereof, as the case may be, shall be returned to Licensee upon the termination of this Agreement or upon any later date after which Licensee. has -vacated the Property in the same Rovocnbla Lioowie Agreenlont issued by tho City of Mlnntl to 17nde Halt age Trust, Ind, 7 SUBSTITUTED condition or better as existed on the Effective Date, ordinary wear and tear excepted. Upon the return of the Guarantee Deposit (or balance thereof) to the Licensee, City shall completely relieved of liability with respect to the Guarantee Deposit, Licensee shall b entitled to receive any interest on the Guarantee Deposit, 12. •Services and Utilities, A. Licensee's Responsibilities. Licensee, at its sole cost and expense, shall pay for all utilities ich may include, but is not limited to, electricity, water, stormwater fees, gas, to ' .hone, television, cable, telecommunications, Internet, garbage and sewage disposal used by Licensee during its occupancy of the Property, as well as all costs for installon of any lines and equipment necessary, except those utilities specifically ,set forth • i Subparagraph 12 13 below to be provided by City, Licensee, at its sole cost, shall insta , as applicable., all utilities required for Its use, and arrange for direct utility billing from all a Icable utility companies for such services, The City is not a guarantor or In any anner responsible for payment of Licensee's responsibilities as they are set forth in this ' reement, • Licensee, at its sole cost and ex nse, shall provide cleaning and janitorial .services and hire pest and termite control servfcr, for the Property, as needed, to insure that the Property will at all times be In a clean and nitary condition and free from vermin, Licensee agrees to ovide any and all security it deems necessary to protect its operations and equipmer Licensee shall insure that all appropriate equipment and lights have been turned off and • .proprlate doors locked at the close of operations within the Property each day. Licenses shall be responsible to take prudent preventive maintenance measures to safeguard the ' operty from storms and other "Acts of God "as that term is defined by Florida law," City'-s Responsibilities The City shall not pay for any utilities on this Prop©rty,.during the term of this reement, The City reserves the right to interrupt, curtail or suspend the provision of any utility service provided by it, including but not limited to., ,heating; ventilating and air 8 Revootible Lioonse Agreement tamed by the City o£Mintni to Dade Heritage Trust, the. SUBSTITUTED conditioning systems and equipment serving the Property, to which Licensee may. be entitled hereunder, when necessary by reason of accident or emergency, or for repairs, alteration's improvernents in the judgment of City desirable or necessary to be made or due to difficu In obtaining. supplies or labor or for any other cause beyond the reasonable control of e City, The work of such repairs, alterations or improvements shall be prosecuted with easonable diligence, The City shall in no respect be liable for any failure of the utIIt companies or goVernmental authorities to supply utility service to Licensee or for any li ltation of supply resulting from governmental orders or directives, Licensee shall not im any damages by reason of the City's or other individual's interruption, curtailment suspension of a utility service, nor shall the Revocable License or any of Licensee's oblig Ions hereunder be affected or reduced thereby. 13, Repotting Requirements, Licensee shall prepare, or cause to be pre red, the following reports and documents identified In Paragraph sub -sections A, B and C .elow andsubmit them to the Director of the Department of Public Facilities, Asset Maria merit Division, City of Miami, 444 SW 2'd Avenue, Ord Floor, Miami, FL 33130 by the tim amen Identified below and detailed In Exhibit ''B" attached hereto and Incorporated her n by reference, A. financials, Within one hundr twenty (12.0) days after the end of its fiscal year, Licensee shall deliver or cause to be livered to the City of Miami's Director, Department of Public Facilities, an audfted financ statement which includes, among other things, information on the Licensee's bus i ss operations for the 'fiscal year, including the following: I) grants, subsidies, rebates, credits or similar benefits received from any federal, Teglurial—o-nlotatb-udy, ugericy7-autirority7—department-ororganization----- which revenues are unrestricted or are to be used for general operating expenses; 9 Revoon bl Lioanse Agreement istuod by tho City of Mimi to Dada HaPitage TAW, Int), SUBSTITUTED 11). all donations and contributIons'received which revenues are unrestricted or ar to be used for general operating expenses; 111) revenue from services, program fees, membership dues; iv) revenue from, advertising and sponsorships conducted on the Property' v) revenue from concession sales and all other receipts whatoever all business conducted in or from the Property; v1)all revenue from sales and services generated on orfrom the roperty; vil) all revenue received by Licensee or any business entit or venture which has involvement of Licensee's principals., in connection w the use of the Property, any facility thereon, or any portion thereof for y period of time, including without limitation, special events and fundraisi events, held on the Property; Such audited financial statement shall be pre red by an Independent certified public accountant (CPA) employed at the Licensee's sole ost and expense, In the event Licensee. is unable to timely submit the audited financial st errant and provided Licensee has commenced and diligently pursued the completion of th udited financial statement, Licensee may request from the Director a thirty .(30) day ex nsion to .complete the audited financial statement, which request shall not be unrea'so ely denied, Said CPA shall attest that such statement is Prepared in accordance with erally accepted accounting principles and practices and • represents the results of oper ions for the period Indicated therein, Notwlthstandingt aboveand during the effective term of this. Agreement described in • .. Paragraph. 6 .herein an or a period expiring three (3) years after the expiration of the term, as it may" be -renewed at' its option., the City may, at its sole cost and expense, audit Licensee's business affairs ecords, program files, sales slips and sales tax records in connection with Elcersee'-s... -on). from -or related .to the -Property—for-the ..period-coverecl ..by stateme , report or record furnished to the City, ;Licensee, shall aflow-the City. or auditors of the City to inspect all or any part of the rce documents and records1'pr the aforesaid monthly reports. Said inspection shall be conducted at the sole:dlsoretion. of the:Clty: Records shall be available Monday through Friday, 10 Rovooublo Lioonso Ageortloot issued by the City of lvliami to Dadnovitno Trust, Ito, SUBSTITUTED Inclusive, between the hours of 8:00.AM and 500 PM at the Licensee's address provided In Paragraph 25 of thls Agreement, Copies requested by the City shell be furnished to the City no cost, This Agreement Is subject to the audit and inspection rights set forth in § 18-1 to §18402, City Code, as It may be amended. 3,IRS Form 990 Tax Returns. In the event Licensee cannot provide audited financial statemen , as set forth In Paragraph 13 A herein, Licensee shall provide City with a copy of its mo recent IRS Form 990 Tax Return no later than three months after the end of Its fiscal year, C, Preventive Maintenance Report, No later than August 31 of each year, Licensee, its awn cost and expense, shall cause a certified and qualified inspector to perfor physical inspection of the Property, Including all structural, mechanical and electric components as part of a preventive maintenance program and shell submit an Inspr tion report to the City of any deteriorating conditions found -at the Property ("PreventMaintenance Report"). Within sixty (GO) days of completing said inspection, Licensee all submit a remedietion plan to the City, to be approved by the City- Manager or sTher designee, for all conditions requiring •repair, replacement or modification as ad in the Inspection report. As part of the physical inspection of the Property, Lic see shall perform or cause to be performed, the following preventive maintenance ser ces: Cleaning d janitorial services for the city -owned Property; Groury servlces1 including lawn, shrub and tree maintenance and removal of an rubbish or obstructions from the. city -owned property; • t Plor-and-exteriorwindow,claaningto..be _performed .as .needad...b.ut.. noJess. than once every one hundred and twenty (120) days; Vermin control as necessary, but no less than once every sixty (60) days; 11 Rovombio Idloottso Agreement Wood by the City of Mimi to )Did e liorititgoTnIst, I ho, SUBSTITUTED v) Painting of interior and exterior of buildings, lncluding.caulking of .all window and door frames, painting of signs, if applicable and restriping of parking lot the licensed Property, asnecessary, but no less than every four (4) years; vl.) Pressure clean roof as necessary, or upon written request by the City nager; Replace roof as necessary or upon written request by the City Man. Wer; if Licensee refuses, neglects or fails to provide the above services . does not provide adequate services within thirty (30) days after written demand from e City, City may take corrective measures or cause the Property to be cleaned or repaire> ithout waiving its right, based upon any violation of the Licensee and without releasing censee from any obligations hereunder. Licensee shall pay City as additional payments e full cost of such work within thirty (00) days of Licensee's receipt from the City of a invoice Indicating the cost of such corrective measures or clean-up. Failure to pay such i oice as directed without the necessity of City repairing.the Property shall constitute a via tion of this Agreement, Nothing herein shall Imply that e • aintenance, repair and Inspections should be performed by Licensee only at the s. wgested intervals, Licensee shall, at all times, be responsible for the condition of the roperty and shall perform repairs required in a. timely rnanner so as to prevent injury to • erson and waste to property, 14. Condition of the Pr erty and Maintenance. Licensee acce,• the Property "as Is", in its present condition and state of repair and without any repre ntation or affirmation by or on behalf of City, and,agrees that City shall, under no circ stances, be liable for any latent, patent. or other defects in. the Property, Licensee, a is sole cost, shall maintain the •}property in goad order and're-p ira't all dimes and ih atIve elean,—safe--and-sanitary-Condit''ion--and-hall--suffer no--waste-or-innjur-y_therato,--. Lice ee shall be responsible for all interior and exterior noh-structural repairs to the .Property- quired or caused by Licensee's use of pall; thereof, 12 Revocable Lbws() Agreement issued by the City of Miami to Dade Heritage Trust, Ina, SUBSTITUTED Licensee agrees to make all changes necessary to the Property at Licensee's sole cost and expense In order to comply with all city, county and state code requirements for License occupancy thereof. 3,5, Alterations, Additions or Replacements, Except in the event of an emergency, Licensee shall not make any re air without first receiving the written approval of the City Manager or his/her author' ,d designee, which approval may be :conditioned, denied, or withheld for any or no reason hatsoever, including a condition to pay additional fees if such. alteration will affect the cos'of services being provided by the City. If the City Manager or his/her designee approv' s such request, no repair or alteration shall be commenced until plans and specific ons therefore shall have been submitted to and approved by the City Manager or his/he designee, The Licensee shall be solely responsible for ap p ing and acquiring all necessary permits, Including but not limited to, building permits. The icensee shall be responsible for any and all costs associated with any alterations inclu g but not limited to, design, construction,. Installation and permitting costs, All alter ons to the Property, whether or not by or et the expense of the Licensee, shall, unless o rwise provided by written agreement of the parties hereto, immediately upon their. col etion become the property of the City and shall remain and be surrendered with the Pro rty, In' the event .of an emergency, Licensee may reasonably proceed toperform such rep work and shall immediately notify City of such work. All alterations- mu be in compliance with all statutes, laws, codes, ordinances and regulations of the Ste of Florida, Miami -Dade County, City of Miami and any other .agency that may have Jur diction over the Property as they presently exist and as they may be amended llerea er. .• • In th event of an emergency, Licensee shall reasonably preceeeito porfotril'uah ravair work -an hal ki ramedi ately-n otify-th e,--Cit.OVI a nager.or_his/her_d,e.s.lgne,e_ofauch_vveri.-____.____ Revoonble L,teense Agreement issued by the City (A.1\41111111to Decle NetitegeTtast, 13 SUBSTITUTED 16. Violations, Liens and Security Interests. The Licensee shall not suffer or permit anymechanics, statutory, equitable, labore material person, or construction liens to be flied against the title to the Property, nor a; . inst any alteration by reason of work, labor, services or materials supplied to the Licensee • anyone having a right to possession of the Property,. Nothing in this Agreement shall be-•nstrued as constituting the consent or request of the City, expressed or implied, by infere e or otherwise, to any contractor, 'subcontractor, laborer or material person for the perfo ance of any labor or the furnishing of any materials for any specific alteration, or repair oor to the Property nor as giving the Licensee the right, power or authority to contract for .r permit the rendering of any services or the furnishing of any materials that would ve rise to the filing of any construction liens against the Property. if any construction 4r other lien shall at any time be flied against the Property, the Licensee shall cause it to ••, discharged of record within fifteen (15) days after the date the Licensee acquires knowle oe of its filing, If th.e Licensee shall fall to discharge a construction or other lien within that--eriod, then in addition to any other right or remedy available' to the 'City., the City may, b,` shall not be obligated to, discharge the lien either by paying the amount claimed to b . due or by procuring the discharge of the lien by deposit in court of banding or other acr•ptable form of security in lieu t.hereof. Additionally, the City may compel the prosecuti of an action for the foreclosure of the construction or ether lien by the Iienor and pay e amaurit of the Judgment, if any, in favor of the {tenor (with interest, costs and alloi!anc with the understanding that all amounts paid by the City shall constitute additional pay ents due and payable under this Agreement and shall be repaid to the -City by the'Llden• e immediately upon rendition of any invoice or bill by the City, The Licensee Shall not .e required to pay or discharge any mechanics, equitable, statutory, laborers, supplies, mate al persons or construction lien so long as (I) the .Licensee shall in good faith proceed to ontest the 11en by appropriate proceedings, (II) 'thc Licensee shall'have giv©n notice in v riti o -' O4ke-Clt.y of i sietention-6a-oritest,:thc vaiidity-of-the-lien,.ra.n.d.(.iii).th.e.-Li:ce.ns,e:e_s.h.all__. fur and keep 1h effect a -surety-bend of a 'responsible and substantial surety company esonably acceptable to the City or other security reasonably satisfactory to the City In an am tmt suFficientto'p.ay one'hundrGd-ten.(i. ;o%)percent of 'the amount of the contested lien 14 itovooable Lioouse Agreement inuod by tbo City of Miaini to Dade Herita go 'Frog, ino, SUBSTITUTED claim with all interest on It and costs and expenses, includingreasonable attorneys' fees, to be incurred In connection therewith. Licensee further agrees to hold the City, its official employees, and agents harmless from, and to Indemnify the City against, any and all cl demands and expenses, including reasonable attorney's fees, by reason of any claim of any contractor, subcontractor, material person laborer or any other third person 'ith whom Licensee has contracted or otherwise Is found liable for, in respect to the Prope 17. City Access to Facility, City and its authorized representative(s) shall have at all ti s access to the Property. City will maintain a complete set of keys to the Property, Licens at its sole cost and expense, may duplicate or change key locks to the Property but not u I first receiving written approval from the Director for such work, In the event Licensee tinges key 'locks as approved by the Director, Licensee., at its sole cost and expense, mus :Iso provide to City a copy or copies of said keys, If more than one copy is required. The City shall have access to and entry ' rto the Property at any time to (a.) inspect the Property, (b) to perform any obligations o Licensee hereunder which Licensee has failed to perform after written notice thereof to cense,e, Licensee not having cured such matter within. ten (10) days of such notice, (c) to a ure Licensee's compliance with the terms and provisions of this Agreement and all appflcav a laws, ordinances,/ codes, rules end reguletions, (d) to show • the Property, inclusive of the roperty, to prospective purchasers or tenants, and (e) for other purposes as may be dee ed necessary by the City Manager In the furtherance of the City's 'corporate/municipal p 'poses, provided, however, that the City shall make a diligent effort to. provide at least 24 ours advance notice and Licensee shall have the right to have one or more .of Its repreSen tives or employees present during the time of any such entry, The City, Its 'offlaalS; e oyees and ageritS hcifb"e"liableldr.a.nyle'Ss;66st die th'e-Licerisa eofeth e-e-xere I s aebyeth eeC ityeafetheeri g hteoLe.tetty_de ri b.e,deliereinelo retheeptrpoe.as___ liste above. The making of periodic inspection or the failure to do so shall not operate to ir pose upon City any liability of any kind whatsoever nor relieve. the Licensee of any responsibility,.obilgationeoriabilityassumed underthisAgreernent. 15 Rovuoable License Agreoant issued by the Cy of Mitwol to Dado Holltago ino. SUBSTITUTED 18. InderonifIcatk n and Holdi Harmless, Licensee shall indemnify, defend and hold harmless the City and its officials, emp yes and agents (collectively referred to as "Indemnitees") and each of them from and alnst ail loss, costs, penalties, fines, damages, claims, expenses (Including attorney's fees or liabilities (collectively referred. to as. "liabilities") by reason of any Injury to or death ► any person or damage to or destruction or loss of any property arising out of, resulting fr► 1, or in connection with (I) the performance or non-performance of the services contemn ` ted by this Agreement which is or is alleged to be directly Dr indirectly caused, in whr e. or in part, by any aft, omission, default or negligence (whether active or passive) of Ll nsee or its employees, agents or subcontractors (collectively referred to as "licensee"), gardless of whether it is, or Is alleged to be, caused in whole or part '(whether joint, c current or contributing) by any act, omission., default or.negllgence (whether active or p• asive) of the indemnibees, or any of them unless such injuries or damages are ultimately pr.ven to be the result of grossly negligent or willful acts or omissions on the part of the Citits officials and/or employee ; or (11) the failure of the licensee to comply with any of the aragraphs herein or the failure of the licensee to conform to statutes, ordinances, cod , rues, • or 'other regulations or requirements of any governmental authority, federal state, In connection with the performance of this Agreement. Licensee expressly < ^sees to indemnify. and hold harmless' the indemnitees, or any of them, from and against I liabilities which may be asserted by an employee or former employee of licensed, or :ny of Its subcontractors, -as provided above; for which the Licensee's liability.to such empl► ee or former employee -would -otherwise be:limited to.payment.s-under state Workers' Co' pensatlon or similar laws. Licens- further voluntarily and knowingly acknowledges that, as lawful consideration for being ' •nted the ri ht ocoupy the Property, Licenee„ behalf ciflifrri self;'his agents ` milt eescand amp Ioyeesi-does;Sher-eby4.a1ItAa:Se4r-Qim:a.nyJegal-1.lability-th.eZity„-Its-o..dcers,— ag. s and employees, from ny and all .cialms fa-ir'ijury, death, or property damage- resulting.. orn Licensee's use of the Property, TheLicerisee affirms that the grariting:of this Agreement Is 16 ReVocnbte Ldome Agreement rusuect by Cho City of Miami to I) ale Heritage just, Ina, SUBSTITUTED good, sufficient and independent consideration granted by the City for this Indemnification and Hold Harmless, which shall survive the cancellation or expiration of the Agreement, 19. inst rrance, Licensee,, at its sole cost, shall obtain and maintain in full force and effec t all times throughout the period of this Agreement., the insurance as set forth In Exhir "C" attached hereto and made a part hereof, 6F> No Liability. In no event shall the City be liable or responsible for ',Jury, loss or damage to the property, improvements, fixtures and/or equipment belon; ng to or rented by :Licensee, its officers, agents, employees, invitees or patrons occurrin, n or about the Property that may be stolen, destroyed, or in any way damaged, includi d, without limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft w h may leak or 'flow from or into any part of the Property, or from the breakage, leaka, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air onditioning or lighting fixtures of the Property, or from hurricane or any act of God or .ny act of negligence of any user of the facilities or occupants of the Property or any p- °son whomsoever whether such damage or injury results from conditions arising upon the roperty or upon otherportions of the Property or from other sources. Licensee indemnifi the City, its officers, agents and employees from and against any and all such claims ever f the claims, costs, liabilities, suits, actions, damages or causes of action arise from t negligence or alleged negligence of the City, including any of its employees, agent or officials, License-. further acknowledges that es lawful consideration for being granted the right to utilize d occupy the Properly, Licensee, on behalf of himself, his agents, invitees 'and . employ es, does hereby release from any legal Ribliity the (pity, its o fical s, agents and em oyees, from any and all claims for injury, death or property damage resulting from ensee's use of the Property. Revocable Licence Agreotnent ieeuod by the City of Mininl to Dodo J•Ierllngo'i'ruet, Inc, 17 SUBSTITUTED 21. Safety, Licensee will allow City inspectors, agents or representatives the ability to mill r its compliance with safety precautions as required by federal, state or local laws, rules, roulations and ordinances. Fly performing. these inspections the City, Its agents, or represent Ives are not assuming any liability by virtue of these [aws, rules, regulations and ordinarro Licensee shall have no recourse against the City, Its agents, or representatives from t occurrence, non- occurrence or result of such Inspection(s)., Upon issuance of a notice t' proceed, the Licensee shall contact the Risk Management Department at (305) 4 -1700 to schedule the inspection(s), • 21 Taxes and Fees. Licensee shall pay before any fine, pen •y, assessment or other governmental Imposition or levy, interest or costs is added for onpayrnent, any and all charges, fees, taxes, impositions, or .assessments levied agair the Property (collectively Assessments), its proportionate share of use ofthe Propert and/or against personal property of any kind, owned by or placed in, upon or .about the roperty by Licensee., including, but not limited to, ad valorem taxes, fire fees and parksurcharges. In the event Licensee appeals an Assessment, •Licensee shall immediately no y the City Manager of its intention to appeal said Assessment and shall furnish and kee in effect a surety bond of a responsible and substantial surety _company reasonably a eptable to the City Manager, or his designee, or • other security • reasonably satisfact y to the City Manager or his/her designee, in*an amount sufficient to pay one. hundrsd pe ent(100%) of the .contested Assessment with all Interest on it and costs and expenses, In ding reasonable attorneys' fees to be incurred in connection With it, .,.... • . . 23.: Cancellation by Request of Either of the Parties without Cause, Either party may cancel this Agreement at anytime , without cause , by giving thirty (30) days written .n9T.jqp to_the. non -:canceling party prior to the Effective Date of the cancellation. 18 Rovomble Lioonto Agmotnont issood by tho City alvtlattll to Dade Heritage Trost, Too, SUBSTITUTED This Is a cancellation for convenience clause and neither party shall have any recourse against the other party due to the exercise of such cancellation provided; however, that Licensee m pay Its fees due to the City under this .Agreement through the effective date of uch cancellation, 24, Termination by City Manager for Ouse. if, et the sole and complete discretion of the City Manager, Lice. ee In any manner violates the restrictions, terms and conditions of this Agreement, then nd In the event, after. ten (10) days written notice given to Licensee by the City Manager - ithin which to cease such violation or correct such deficiencies, and upon failure of Liam .e to do so after such written notice within said ten (10) day period, thls Agreement r all be automatically terminated without the need for further action by the City, 25. Notices. All notices or other communications rich ,may be given pursuant to this Agreement shall be in writing and shall be deemed p •perly served If delivered by personal service or by cartifled rnail'addres'sed to City and ensee at the address indicated herein or as the same may be changed from time to tlm, Such notice shall be deemed given on the day on which personally served or If by certlfif mail, on the fifth clay after being posted or the date of actual receipt, whichever is earlier; CITY or, MIAMI City of Miami Office ofthe City 3500 Pan Amer Mia,rni,-FL. S nager an Drive, IAIITH C' m I EIS TO: Cit Attorney y of'Ml1aml 444 SW 2nd Avenue, Suite 945 LICENSE' Executive Director Dade Heritage Trust, Inc, :190 SE 12th Terrace „M.ian�i,..El.o.►;ida, 33.132 RevooibJe License Agreeiuonl issued by the City of Mlaird to Dude J•ferhoseTrust, Ino, 19 SUBSTITUTED Miami, Florida 3313.0 Director City of Miami Department of Public Facilities 444 SW 2 AVenue, Suite 32,5 Miami, pt. 33130 26. Advertising, Licensee shall not permit any signs or advertising matter interior or upon the exterior of the Property without having firs Director or his/her designee, which approval maybe withel discretion, Licensee shall, at its sole cost and expense, d.ecoratIon, advertising matter or other things as conditionand repair at all times, Licenseemust required approvals by whatever name call be placed. either in the btained the approval of the or any or no reason, at his sole stall, provide, maintain such sign, ay be permitted hereunder in good rther obtain approvals, permits, or other from all govern rao ntal authorities having jurisdiction, and must comply with all app able requirements set forth in the Miami -Dade County Code, the City of Miami Code d..Zoning Ordinance. Upon the cancellation of this Agreement, Licensee shall, at its e cost .and exp.ense, remove any sign, decoration, advertising matter or other thin aerrnitte.cl hereunder from the Property, . If any part of the Property is in any way &nag by the remove1a such Items, said damage shall be repaired by Licensee at Its sale cost a expense. Should Licenseefall to repair any damage caused to the Property within ten ( days afterreceipt of written notice from City directing the required repairs,. City shall c ,ise the Property to be repaired at thesole cost and expense of Licensee. Licensee shall p City the full cost of such' repairs,withIn five (5) days of 'receipt of an -invoice. inslicatingt1 ,,costotsuchrequired-repairs, L ensee hereby understands and.agrees thatthe City may, at its sole discretion, erect or pl e upon the Property an appropriate sign, plaque or historic marker indicating Gity's h ing Issued this Agreement. 20 RevooableJion Agreement issued by the City of Miami to Dade Heritage Trust, Inc, SUBSTITUTED 27. Hazardous Materials, The Licensee shall, at its sole cost and .expense, at all times and In all respects corn with all federal, state and local laws, statutes, ordinances and regulations, rules, r ngs, policies, orders and administrative actions and orders relating to hazardous atarials ("Hazardous Materials Laws"), including, without limitation, any Hazardous M. erlals Laws relating to industrial hygiene,environmental protection or the use, star e, disposal or transportation of any flammable explosives, toxic substances or otherihazat us, contaminated or polluting materials, substances or wastes, including, without limi ion,, any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "TaxlSubstances" (collectively "Hazardous Materials"), under any such laws, ordinances or regi bons. The Licensee shall, at its sole cost and expense, procure, maintain In effect and co ► ily with all conditions of any and all permits, licenses and other governmental and regulatapprovals relating to the presence of Hazardous Materials within, on, under or about the .r:operty or required for the Licensee's use of any Hazardous Materials in or about the roperty 'In conformity with' all applicable Hazardous Materials Laws and prudent Indu ry practices regarding management of such Hazardous Materials, Upon cancellation or evocation of this Permit, the Licensee shall, at its sole cost and expense, cause all Hazard • • s Materials, including their storage devices, placed In or about the Property by the LIcensor at the Licensee's direction, to be .removed from the Property and transported for us=, storage or disposal in accordance and compliance with all applicable Hazardous Materia , Laws. The Licensee may operate according to the custom of the industry so long as the se or presence of Hazardous Materials is strictly and properly monitored according and• In compliance with, all applicable governmental requirements, The requirements . " this paragraph of the License shall survive the cancellation or revocation of this License. They represents that: .. T' the- best-of.-it-s-I<i7owl edge--.thare-are no--an.vitonrrrental violations,-wheth•err u•n,d.ea: 'Feder: , state, or local laws, existing on the Property; To the best of its knowledge; there are no Hazardous Materials presently existing on the Property, RovoonbloLloeneo Agreement 'Wood by the City ofiNIBM' toDade floatage Trust, Inc, 21 SUBSTITUTED 2,8. IRacion Gas. Radon is a naturally occurring radioactive gas that, when it has accumulate in a building In sufficient quantities, .may present health risks to persons who are expose ;0. it over the, Levels of radon that exceed federal and state guidelines have been found buildings in Florida, Additional information regarding radon and radon testing may be ob ined from your county public health unit, Licensee may, have an appropriately licen d person test the Property for radon. If the radon level exceeds acceptable EPA standar s, the City may choose to reduce the radon level to an acceptable EPA level, failing which her party may cancel this License. 29. Lkenses Authorizations and Permits. Licensee shall obtain, or cause to be obtal ;d, and maintain in full force and effect throughout the period of this Agreement, at its ole expense, all licenses, authorizations and permits, including, without limitation, a Ci Occupational License, that are necessary for Licensee to conduct its commercial activIti Licensee shall be responsible f. paying the cost of said applications and obtaining saki licenses, authorizations and permit 30. Compliance with all pplicable Laws, Licensee .accep this Agreement and hereby acknowledges that Licensee's strict ..„ . • compliance withal l plicable federal, state and local laws., codes, ordinances and regulations is • a .condition of t Agreement, and Licensee shall comply therewith as the same presently exist •nd»as thyay...he-amended-hereafter, This ,Agreenwri; „shall -be ..construecLan.cl.,enforced •. accordin o the laws of the Stat.e.of Florida. • Roveciablo Lioonsa Agreamoot issued by the City of Miami io Dada 5site ga Trust, loo, 22 =:. SUBSTITUTED Ovvnership of improvements, As of the Effective Date and throughout the use period, all buildings and Im rovements thereon shall be vested In City. Furthermore, title to all alterations made In or the Property, whether or not by or at the expense of Licensee, shall, unless otherwise p'svided by written agreement, Immediately upon their completion become the property f the City and shall remain and be surrendered with the Property. 32, Surrender of Property. In either event of cancellation pursuant to Para aph .23 or Paragraph 24, or at the expiration of the time limited. by the notice, License hall peacefully surrender the Property broom cleaned and in good condition and rev., r together with all alterations, fbctures, Installation,additions and improvements whicl may have been made In or attached on or to the Property. Upon surrender, Licensee sh promptly remove all its personalproperty, trade fixtures and equipment and Licensee sh repair any damage to the Property caused thereby. Should Licensee fail to repair any cl- loge caused to the Property within ten (10) days after receipt of written notice from CVC directing the required repairs, City shall cause the Property to be repaired at the sole cos nd expense of Licensee,. Licensee shall pay City the full cost of such repairs within ten (1 days of receipt of an invoice Indicating the cost of such required repairs. At City's opticcity may require Licensee to restore the Property so that the Property shall be as it was o e Effective Date. In the ev it Licensee falls to remove its personal property, equipment and fixtures from the Property !thin the time limit set by the notice, said property shall be deemed abandoned and ther pon shall become the sole personal property of the City, The City, at Its sole discr on and without liability, may remove and/or dispose of same as Clty sees fit, all at Lir nsee's sole cost and expense, 23 llovoonble Lioanso Agveamorit isotiod by the City of Miami to Da& lloritago Trut, Loo, SUBSTITUTED 33 Severa.bility. It Is the express intent of the parties that this Agreement constitutes a lice se and not a lease. To further this intent, the parties agree as follows: (1) If any provision o .his Agreement, or the application thereof to any circumstance, suggest that a lease, rathe than a license, has been created, then such provision shall be interpreted in the ight lightest favorable to the creation of a license and 00 if any provision of this Agreement, or thr application thereat° any circumstance, is determined by a court of competent jurisdIctio o have created a lease rather c. than a lice.nse, then such provision shall be stricken and, the fullest extent possible, the remaining provisions of this Agreement shall not be a cted thereby and shall continue to operate and remain In full force and effect. With regard to those provisionswhich o not affect the parties intent for this Agreement, should any provision, section, par graph, sentence, word or phrase contained In this Agreement be determined by a cour of competent jurisdiction to be invalid, Illegal or. otherwise unenforceable under the Ia of the State of Florida or the City of h/liamt, such provision, section, paragraph, sente e.,word or phrase shall be deem edmodified to the extent necessary in order to conform w such laws, or if not modifiable., then same shall be deemed severable, and in either ev remaining terms and -provision of this Agreement shall remain unmodified and. in II force and effect or limitation of Its use. 34. Invalidity. In the vent that any rion4nateriai -provision of this Agreement shall be held to be. Invalid for y reason, such invalidity shell not affect the remaining portionof this Agreement and th erne shall remain in full force and effect, No Assignment or Transfer. Licensee cannot assign or transfer its privilege of occupancy and use granted unto it by this Agreement. Any assignment, sale or disposition of this Agreement or any interest therein 24 Revocable License A.greetnent issued by the City of 1\ /limit° Dade etitage Trot, Ina, SUBSTITUTED by Licensee shall result in the automatic termination of this Agreement without notic by the City Manager. 36, Public Records, Licensee understands that the public shall have access, at all re onable times, to City contracts', subject to the provisions of Chapter 119, Florida Statutes., d agrees to allow access by the City and the public to all documents subject to 'disclosure u der applicable law, g7. Conflict of interest, Licensee is aware of the conflict of interest le s of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade ounty Code, Section 2-11,1 et, seek) and of the State of Florida as set forth in the Florida utes, as amended, and agrees that it will fully comply In all respects with the terms. o said laws and any future amendments thereto, Licensee covenants that no person entity under its employ, presently exercising any functions or responsibilities in con ection with this Agreement, has any personal financial interests, direct or indirect, with le City. Licensee further eovenants that, in the performance of this Agreement, no pears or entity having such conflicting interest shall be utilized in respect to services provid hereunder, Any such conflict of interest(s) on the part of Licensee., its employees orassoc tecl persons, or entities must be disclosed In writing tothe City. 38, Americawith Disability Act Lic see shall affirmatively comply with all applicable provisions of the Americans with DisabIll es Act ("ADA") in the course of providing any.worle, labor or services funded by the City • • .•noI.Ing41t.les-kand..11-oftheADA..(regarciing,noritilscrirnination.on.the,basis.of,dis.ability„).and,,all pllcable regulations, guidelines and standards, Additionally, Licensee shall take affirmative steps to ensure nondiscrimination in employment of disabled persons, 25 Revoosble License Agroomat issood by tho City otlyt hoof to Dacia Notitaso Trost, inc SUBSTITUTED 39. Nondiscrimination. In the performance of this Agreement or any extension thereof, Licenseand/or its authorized agents shall not discriminate in connection with its occupancy .nd use. of the Property and Improvements thereon, or against any employee or applic t for employment because of race, ancestry, national origin, color, sex, religion, age, h. dicap, familial status, marital status or sexual orientation, Licensee and/or its authorize agents will insure that Its employees are fairly treated during employment without regar o their race, national origin, ancestry, color, sex, religion, age., handicap, familial status, tat. status or sexual orientation, Such action shell include, but not be limited to, the ollowing; employment, upgrading, demotion or transfer, recruitment or recruitment adv ising, layoff or 'termination, rates of pay or other forms of compensation, 40. Affirmative Action. Licensee shall have in place an A lrrnativo Action/Equal EmployMent Opportunity Policy and shall institute a plan for its ach ,vement which will require that action be taken to provide equal opportunity in hiring and romotIng for women, minoritios, the disabled and veterans, Such plan wfll Include a set so sitive measures which will be taken to insure nondiscrimination • in the work place as it elates to hiring, firing, training and promotion, In lieu of such a policy/plan, Licensee lel! Submit a Statement of Assurance indicating that their operation is in compliance with a relevant Civil Rights laws and regulations. 41, MI r ty/Women Business Utilization. icensee shailmake a good faith effort to purchase/contract fifteen percent (15 %) of Its ••-aril aI- -goods . -an d.:avIces .req.uicememts. ,frorn, „Black .„ .. .V.V.Orn usinesses/professionals registered/certified with the City office of Minority/Women Business - - Affairs, Such lists will be made available to the Licensee at the time of the issuance of the. Agreement bythe City and updates will be provided from time to time bY the City's Office of Minority/Women Business Affairs, 26 Rovoonblo Lieense Agreement lotted by the .City of Minna to Dade Heritage "frog, lao SUBSTITUTED 42, Amendments and Modifications. No amendments or modifications to this Agreement shall be binding n either party unless In writing, approved as to forrn and correctness by the City Attorney, nd signed by both parties. The City Manager is authorized to amend or modify this Agreen nt as needed subject to the formalities of contracts being followed, 43. Attorney(e) Pees, In the event It becomes necessary for either p ,y to Institute legal proceedings to enforce the provisions ofthis Agreement, each party all bear its own attorneys' fees through ail trial and appellate levels. The prevailing party y be .8warded court costs, 44, Litigation; Venue, Any dispute or civil action herei shall be resolved in the courts of Miami -Dade County, Florida. The parties shall attempt t ediate any dispute without litigation. If the parties agree to mediate any such dispute thestandards end procedures of set forth in Chapter 44, Florida Statutes, "Mediation alterna esto Judicial Action'', as amended, will apply. However; this is not intended to establi mediation as a condition precedent before pursuing specific. performance, equitab or injunctive relief, 45. Warier f Jury Trial. The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right either ay have to a trial by jury in respect of any action, proceeding or counterclaim based on -611Sing-C;Cif -CIT; Eiii"d6F in con n eefie Wifh'tfiTSTAgi'defrialit '" " rn enci.nr4ent-or-modifIcat lon_of-this-Agreement,-or_a between the parties In connection with this Agreement, or any course of conduct, course of dealing, statements ..(whether verbal or written) or actions of any party hereto, This waiver of 27 Rovocablo Line Agremont Issued by the City of Miami to Dado NovitagoT11181, Inc SUBSTITUTED jury trial provision Is a material Inducement for the City and Licensee entering into th- ubject transaction. 46, Waiver. Any waiver by either party or any breach by either party or a one or more of the covenants, conditions or provisions of this Agreement shall not be c nstrued to be a waiver of any subsequent or other breach of the .seme or any covenant, •ondition or provision of this Agreement, nor shall any failure on the part of the City to r ulre or exact full and. complete compliance by Licensee with any of the covenants) cOndt ns or provisions of thls Agreement be construed as in any manner changing the terms her of to prevent the City from enforcing in full the provisions hereto, nor shall the terms of t s Agreement be changed or altered ir any manner whatsoever ether than by written agre ent of the City and Licensee. 47. Time of Essence. It Is expressly agreed by the arties hereto that -time Is of the essence with respect to this Agreement, if the final day any period falls on a weekend or legal holiday, then the final day of said period or the & e of performance shall be extended to the next business day thereafter, 4. No Interpr aton 4gaInst-Dratmen. The p les agree that no provision:of this Agreement shall be construed agalmst any particular rt:y end each party shell be .deemed to have drafted this Agre,ernent, --rwitheMets.. - jrra dd It lan td :the mot:4' and -cleesdi':::-rocIte,4*—herein_and...conternplataciA.c.j„.be_,perforined.,_ ei&cuted and/ordelivered by the parties, the parties each agree to perform, execute and/or . .„. ....,.. deliver or cause to be perfOrMed, 'eXedited -andior deliVered any and all such further acts; • 28 Rcwooabia Nome Agreement iseued by the City of Mimi to Ode Heritage Truet, Inc, SUBSTITUTED deeds and assurances as may be necessary to consummate the transactions cant .plated hereby, 50, 'Third Party 1.3eneficiary, This Agreement is solely for the benefit of the parties hereto and o thlrd party shall be entitled to claim or enforce any rights hereunder, 53.. No Partnership, Nothing contained -herein shall make, or be con ued to make any party a principal, agent, partner or joint venture of the other. 5Z. Fleading: Title and paragraph headings are ir canvenlent reference and are not a part of this Agreement, 53, 'Mt h o Each of the partie hereto acknowledges it is duly authorized to enter into this Agreement and that th signatories below are duly authorized to execute this Agreement in their respective beh. 54. ntire Entirereement, T s instrument and Its attachments constitute the sole and only agreement of the partk. hereto and correctly set forth the.rightS, duties and obligations of each to the other as f s date. Any prior agreements, Promises, negotiations or representations not expressly set orth In this Agreement are of no force-oreffdct, 29 Rove (labia blouse Agreement issuocl by the City of Miami to Dude Heritage Trmits the, SUBSTITUTED 55, Special Provisions. A, The Licensee 'agrees to perform any fundraising and grant writing act ties In order to raise sufficient funding to undertake fa nd eamiDlete the renovations necess in the future to maintain the subject historic Property In good working order and repair. 13, Licensee shall create a special Reserve/Maintenance Fun o setasicle $5,000 to ensure that the interior and exterior building an the Property Is p nted every five (5) years, The Licensee shall Issue 'an ,annual report to the thy Manager a the Director as to the status and the amounts ofthis fund', The first such report shall be s m Itted on or before 12/3:Oita the City addresses listed In Paragraph 25, C. Consistent with Paragraph 13 C her n Licensee shall .obtain a Preventive Maintenance Report and present such report to ti City Manager and the Director prior to the annual anniversary date of the Agreement, a ng with a plan of action as to how Licensee intends to perform any identified repairs o e Property, THIS SCTr N LErr INTENTDONALLY.KANK Rovao4blo Lloonso Agroomont ioimocl by tbo City of Miiunl to Dodo Floritago Trig, Ino, 30 SUBSTITUTED IN 'WITNESS WHEREOF, the parties 'hereto have executed this Agreement of the day year first above written. ATTEST: CITY OF MIAMI, a municipa orporation of the State of Florida B By: Priscilla A, City Clerk t, City na-rtgernezi Joh i / APPROVAS T ED APPR ED AS TO LEGAL FORM AND REQUIREMENT COF NESS: irector • partment of isk'Management wrrNESSES' By; "Signature Print Nam By: gnatur Print-Na M Julie O. Bru City Attorney IMENSEE:, DAD E HERITAGE "RUST, INC. Signature /fAV TA 74:\ Print Name Bertram Goldsmith, ;I* Title Authorized Offloerl President CORPORATE, SEAL un1es corpor.aty ly3splution i proBentui autilorizinut diffotont oorpotatooffioer to sifinthis Agroemont, 31 Revomble Lone Agreement issued by the My of Miami 10 Dade ge Malt, Ina. SUBSTITUTED EXHIMT PROPERTY LEGAL DESCRIPTION Lot A, Block 3 Amended Pat of Hibiscus Place, according to the Plat the f, as located In Plat Book 3, Page 3.1.0 of the Public Records. of Dade County Florida. 32 RoYoanbloLioonso Agoomorit inuett by tho City of Mimi to Jade Halt& ge.Trtiet, SUBSTITUTED EXHIBIT A2 LOCATION OF PROPERTY Rovoosibie License Agreement issued by the City of Miami to Dude Oevitoge Trust,Ino, SUBSTITUTED Property Inikmation. !Viap My Home Miarni-Dade Coonly,, Florida Proporty information Map Aerlal Photography - 2009 Thls map was created on Web Site E.,), 2002 Mlarn ir1 CoLJrity, All rights reserved., 0 112 t 20/2011 MUD PM for reference 'purposes only, primaty zone GLUC ds/Baths FlDciis 4114 Sy F.97Etia; iLot, 317.2 "00SQFT "(car Built 925 lEtSOUSPLATFEr3% Page, f Summary Details: D50-4160 0 SE lTY OP MIAMI-DEPT OF ASSET MANAGEMENT DIVISION - 44 SW 2 AVE sTE *25 OIAM FL„ 33132;1910 a • linforMatt oni 477 FilIGHDEP,IS USE. ..egal •DascrIptlerr 0 LOT A ELK 3 LOT SIZE 50„000 X 12rd OR 9751-355 0[105751- )355 0977 01 Assessment:41101*mo ear; all nd Ealldlho Value4 an'lltet V I Year!! raxIng AuthorItyl Reclo ak: 'OU71 SChaDF B-0737 Sala Sale Arnount Sale 0/R0uallfl Lion Sales Dascriationl $54 ,000 '50,974 .119:6, 74 ", 9 fortna ion: 2011 2 Appl175— Exemption/ Taaxrr v 3596„974/15 95E76,97440 $6 9596W4/$0 ZPG,974/$0 Applle Exemplic• Tarr:le, $590„974 6,04 $596,974 $ $594 9'74 IT9t an: 977 $ 15 ti00 ale's whIcll 910 onealesult. of !lop of the deed 1111:11°.§1i1.—. http://gisimslmiamidadogov/rnyhorne/printmap.asp?rnapurl-thttp://gisiims2.miamid.ade.g„„ 10/20/2011 SUBSTITUTED EXHMIT REPORTING REQUIREMENTS TYPE o_EBEpcm Audited Financial Statement No later than 120 da after end of fiscal year or Form 990 Preventative Maintenance Report Anniversary D' e of Agreement Reserve/Maintenance Fund Report By Decnber 3 annually Rovoonble Lloono e A gt6oloont lulled by tbo City ofMhuiil to Da Ci6 Heritage Trust, Inc, SUBSTITUTED EXHIBIT C INSURANCEREQUIREMENTS I. Commercial General Lhty (Primary& Non Contributory) Limits of LIEWlity, Bodily Injury and .Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,0 Products/Completed Operations. $ 1,000 Personal and Advertising Injury $1,00 Endorsements Required OD 000 City of Miami included a 5' an additions nsured Contirrgent'Lle.bility (Independent C trattors Coverage) Contractual Liability • Waiver of Subrogation Premises & Operations Llabil n. DusiriesS'Automobile billty Limits off Bodily Injury Combine Any Au Inclu Ari• nd Property Damage Liability Ingle Limit /Owned Autos/Scheduled g141red, Borrowed or Non -Owned Autos ne AcOldent $ 1,000,000 Encior ements Required Miami Ineluded as an Additional insured' as Iteveenhie License Agreement issued by the City of Miami oDadeii oft gonna, SUBSTITUTED in. Worker's 'Compensation LimIts of Liabal ice, Statutory -State of Florida Waiver of Subrogation IV, Employer's Lability limns $100,000 for bodily injury caused by an accident, each cident, $100,.000~for bodily Injury caused by disease, each e ployee $500,000 for bodily injury caused by disease, polio unit V .., Property Coverage Dade Heritage Trust shall maintain "All R . c" special foram coverage for Real and Business Personal-P.rop,erly. coverage.insuring.against,.� risk of..direct physical .Ioss,ar damage, including coverage for theft;, windstorm, hail, and flo' d, as applicable and insuring 100% replacement on the building and iLicensee's improvernen , including all its equipment, fixtures, furniture and all other personal property In and about ,1e property, The policy or Insurance certificate should further Include coverage for sprinklleakage, plate glass coverage, and business interruption and extra expense, preferably wri en on an actual loss sustained basis. The property certificate rnuat•showfull t00% repia•ca•ni t•cos•t basis valuation with a maximum deductible of.$5;000 as to all other perils, and 5% on , Indstorm, hall, The City shall be named as an Additional insured and loss payee on this Gov- ge, The above poi es shall provide the City of Miami with written notice of cancellation or material change fr► the Insurer not less than (30) days prior to any such cancellation or material change r In accordance. With policy provisions, The City reserves the right to reasonably a nd the insurance requirements by the Issuance of a notice in writing to Licensee, TI Licensee shall provide any other insurance or security reasonably required by the City. Companies authorized to do business In the Mate of Florida, with the following fi aFlc,ns, sha{I"issue alf insurance noi'i'cies °r'iTi r"dei" bo'VE I e crari7'�aaTi7y mus Vbe rated na ass thdii "A " as c maiiag men and no- ess t'11an "Class t" as to iFinancial Strength, by the latest edition of E est's Insurance Guide, published by AM, Hest Company, Oldwick, New Jersey, or its equivalent, All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to Insurance approval. 36 Revoonbro Lloense Agrco m nt Issued by the City of'MinnI to Dade llo ltage Trust, Ino, SUBSTITUTED DEPARTMENT OF RISK MANAGEMENT INSURANCE/SAFETY APPROVAL FORM Name Olga Zamora Department Public Facilites Review Status Commercial General Liability C,N,A Hired and Non awned Autos C,N,A Workers Comp: Letter In Re Wind Policy Citizen Building Lloyds of London Business Personal Property C,N,A. Flood Fidielity Insurance Company EY&O Liability Gnat American r _ Grime Coverage Pollution; IL STAT A P BOV M ra rak 'Gomez i Property and Casualty iViaraaj Description Dade He rita•e Trust Tracking # Date: 1/17/2012 Financial Rath s Strength RE lUltl EIVlC ,iTSa YV neurance „NQ .. Re ity of Miami i t7e City Is City pf Not Approved Coverage, is Insufficient Not A Rated Company ed, ovlding insuranoe lams Is. Loss Payee rant Park Named Additional Insured red C-1A Type of,Coverage Is Missing Other The City NOT Named Additional insured • Insurance/Safety :'ri etrotsa License.Agreermea between the City of Mpaaaal and Dade i eVitoge.Trust for the tase.04 approximately 14.6 square feet of City owned property -located at 190 a.i=, .12 'Terraoe, Risk Q02 1/17/2012 2:38 PM SUBSTITUTED OP IT): AL I — , AoCC,R De CERTIFICATE • F [.../1 TY il‘• zIL INSURANCE ‘0.........-^"" I DAYS (IVINI/DD/YYYY) 01/14/12 THIs CERTIPICATE IS ISSUED AS A MATTER or INPORIVIAlION ONLY AND CONPERS NO RIGHTS UPON THE CERTIFICATE HOLDER, I CERTIFICAl'E DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENDi EXTEND OR ALTER THE COVERAOE AFFoRDED SY THE FO IES BELOW. THIS CERTIVICA'rE 05 INSURANCE DOES NOT CONSTITUTE A 0011nACT BETWEEN THE 18sUriN0 INSURBR(S), AUTI,P, 1,ZED REPRESENTATIVE OR PRODUCER, AND THE OERTIPIOATE HOLDER, IMPORTANTf file aerbflool; holder is an ADDITIoNAL INSURED, the polloy(lour moot be endorsed, If SUBROOATION IS WAIVE P 0 ublout to the terms and conditions Of the polloy, certain pellcies my require on endorsement A statement, on this certificate dope net oenf• rights to the certificate holder in lieu of suob enclorasment(s), pnoquoee SO8-444-2324 MOW insurance Grew) Inc SE2 IVIinoroa Ave 3084444080 Coral Gables, FL 3$14 Norbert ForrOintlec UliZA61 rp1,181, Yabss: PRODDOER CUSTOMER ID VP ADEI-1-1 INSURERIO ASPOR01110 00VERM - NAI0 di )14 MD Dade 1'100f:e90 Trust, Inc. 190 $E 12fh Terraoe Miami, FL 33131 INSURSR A taiA INSURER )3 1 INSUNNR 0 - INSURER D 1 11A1UREFI E : . INSURNI), P NUMETh ............, .......,,,............... THIs IS To CERTIFY l'HAT 'FFIE POLICIES or INSURANCE. LISTED BpLoW HAVE EEEN ISSUED TO TH suREo NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVVITHSTANDINO ANY REQUIREMENT, TERM OR cONDITION OF ANY cONTRAOT D. @THEN DOCLIMENT WITH RESPECT TO WHICH THIS CERTIFICATE, MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES AESORISED HEREIN IS SUBJECT TO ALL TIIE TEIRMS, EXCI,USIONS AND OONDITIoNS OP SUOHI.,OLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY AID CLAMS, INSR •IYF) of, INSUMNO ADICS"arr ' PO4,40Y NUEEER POLIGY BF: poliyyliNP LIMIT? „0-ti,„„, ONNERAL. LIABILITY __IM EAGH OCCURRENGE $ jOO,OO A X O OOMMEROIAL GENERAL LIAHILI I Y 4029 09179 0 6/11 08MB/12 Ateiggid:rogrri?ohoo e 4,000,066 1 OLAIME.MADE i ?( j OCCUR MED VP Al)y orlOsprApil) • PERSON& •Ilc ADV INJURY $ I 000 000 l• I, ,--, GENERAL AGGREGATE $ 2,000,000 ,-- ontH„AeoRavEre, LIMIT APPLIES PEN PronUel'a.00Mptop on s 2,000)000 PRO. POLICY t.0,9 — --— $ ,roi- ALITOMOEILE LIAGILITY ..., OOMBINES $ INGLE LIMIT (Ea mun)denl) $ 1000,000 , A ANY AUTO 40292061132 00/10/y1 00/16/12 EGDILY INJURY (Per person) $ ALL OWNED AUTOS — ' DObILY INJURY (Per eeeldeel.) $ X SONEOULEDAuTos HIRED AUTOD ERTY GE PROPDAMA (Por eaoldeet) •, 4 XL NON-N./NED milts -11 - '''.' '-'•\ (le s ..• •• „ ,...,,,,„r•,,,. ri.'"' , \ \i" i• \ 1 , ',V,/ ri 1 ,$ uronmu.ALKe °own i• ' , lk v.,1•, ,I '-`•••‘ '" ' EASE 000URRENSE — EXOREft LAO 1 OLAIMS,MAA 11 U - ., ••, • ' AGGREGATE $ GEOUOTIELE $ • RETENTIQL,_$,, —6111• +1 -- Wire oomPONSA'noN Wo srAlu• TORY [MIS ER AND EMPLOYERS' LIAGILITY Y /1\1 ANY PRoPRI1ToR/PAR•FNERIEXECE1IVE E.L. EA91.1/:k0OIDNT $ • DEPIONWMEMEER EXOLIJOED7 (Me Iciatdry.iti Mi) / A E,L, DISEASE ,' EA EMPLOYEE $ _ Ir Y.$1,1k (10$0flee urldar , , ne$cpprlow OF O1 IPLRAONE pole E,L, DISEASE - FOLIGY Lima: e A Property Bectloa Speole1/1% %/Ind 4020206179 .. „._ • 08/16/11 00P16/12 Qol'Itoro oyant m................,........ PEEGRIPTION OE OPERAtiONS / 40,0 ' ORS / VEHICLES Penh AGGRO 1$1, AtIctIlleen1 Rernarlte $.4(thedela, If mem epene 1$ regelfacl) Gillb-OlVilOy 301V100 OF So QJRTFOATE HO lty of Miami Rlek Managarnant DIVIn!on• • 444 SW 2nd AvenuorM Floor Wool, FL03130 OA OELLATION . • SHOULD ANY or TFlI AE:10vE 0Raartla10 NAACO 130 OANOSLLSD SEroRs TI.15 EXPIRATION DATE THEREOF, NOTICE WILL GaIVERED 04 AccoRnANGE WITH THE POLICY PROVISIONS, Amor:man PaPrinseNTAME ©1988,2009 AOORO CORPORATION. All rights rnaarvad ACORD 20 (2009/09) 'no AOORD namo and logo am roglaMmci marIca of ACORB NOTEPAD SUBSTITUTED INSURMIn NAME Dnclo Heritago Tri.mt, Inc, ilAttre-W.olAWMPotg?4,17;14,301.49" 912"17116 W%O/12 1v6t1ebignI1sg. poi 814)) PI994569 9/16t11 to 9/16112 Eitrmtgitabefffifbetzar,egt=gcrir4k g, #EPP4029489 9/17111 to 9/17112 ECJIMM-V29'81-8PgrOPVigerfT,6T6'7"1 to 8/17112 IDAIX1-1.1 pAo5 2 OP ID: AL bic1/41% 01/11/12 SUBSTITUTED J12120/11 THIS CERTIFICATE. 1$ IJ:iSUED.A$ A MATTC'R Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, ' -TOSS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 1nXT"kaND ail. ALTER THE COVERAGE ArFORt b My TEAM PO CIES BELOW. THIS CERTIFICATE OF INSURANCE DOS NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), ALIT RIZW) REPRESENTATIVE OR PRODLipp% AND THE CERTIFICATE HOLIER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pallay(lo) mint he itrak ed, If SUBROGATION IS WA1Va' , sub)ent to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate doers not co . r tights to the certificate haldr r in lieu of such antic rsemenitsl. I RODUCI:.R 3O5.444 Z 324 MOW Insurance Croup Inc 3013a444 .0 0 jAJG, N1),._r PAX 302 IlliinOroa Ave ° w Coral C"asbloa, FL. 33134 �DDRL�9H,/ Norbel4 Fernandez 1P1ODIJORR pAlD 11.1 INSURGR(5)112D tIJIND GOVGI ' • P. NAIL 0 INSURER A I Lloyds of London wattwattE,13 a 1 m ww INSURED (Dade Her)Lago TrLlat, Inc, 100 sr. 12th Terrao0 Miami, FL 33131 INSURER 0; INSURERd I . IN1JURER E I INSURER NUMI3ERt VW. 1=AAM4".1,47 ,ar+..oMwrvm..nn1 •, w ,♦ ,. a. ev. ,.n , ay.r,rv. w• ." THIS IS TO OERTIPY TUAT THE POLIOIE"a OF INSURANCE LISTED BELOW HAVr BEEN ISSUED TO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Or ANY CONTRACT CERTIFICATE MAY SE 1SSUIEra OR MAY PERTAIN, THE INSUPtANOC AFFORDED BY THE POLIO '" P_XOLUSIONB AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE SEEN REDUCED S . -_- • ... - -. TI• ' INSURED NAMED ABOVE FOR THE POLICY PERIOD r OTHER DOCUMENT WITH RESPECT TO WHICH THIS DE$ORICIED HEREIN IS SUBJECT 1'0 ALL THE TERMS, AID 4LAIMe TYPM OPINKt1RANRN AWL.0 R POLICY NUMBER MMIIjir,) r { 4�Dql w LIMIT$ ry QMNORALLIABILITY EA0I1OCOURRENOf5 COMMERCIAL cRNEnAL LIABILITY DpAP4 c f l a Sacurynao) .� _ OLAIM6•MAOE ODOUR MED EXP (Any den vanl $ P!RSONAI,&ADVINJURY $ " DE:NERAL A $QRROATG CFIaN'LACURaopo'a LIMIT APPL$?$PER: Mrt PROoUG'1'S-CQMPIOPACiO POLICY IFt"rr LQ() $111 „� AUTOMOgIL.I; IJAEILITY _._ ." w , . �P;°� ,` \ GQMLiINEU'MINGLC LIMIT 4eaecnldent) ANYAl1TU .i BODILY INJURY (Par pdr8on) $ ALL O1NNPD AUTOS +'• r ,, 1 I BODILY INJURY (Por aooident) $ 6 6b{REDULEI Autos I MUD AUTOS ka, v ��I PROPERTY DAMAGE (Por 000idont( $ N NON-QWNPAD AIJrOS $ UMMRUL1A LIAR ODOUR EACH OCOURRENOq, $ GX0ESI1 LIAR - QIAIM'3.MADE ADORROATR 1 1)GDUGTI6LE' $ RETENTION w u $ ,., WORKPRB OOMPILN$$A11GIN „v , ' J I A N O 114 fsalYY ; AND EMPLOYERS' MADILL TY YhN ANY ppRpppRlI-1.ORlPARTNERIEXF.UUTIVR El, LACIj, 0DIDENT $ OFFICER/MGNBERUXCI"LIo1?DT ,� (Mandatory In NH) N A R.L, DI66MR-EAJEMPIAYGG If o ddaasQtIlly tp�, O u Aldr1ION Pr OP{ IvATIt)Pq }aulaw ELL, D$MA8E - POLICY L MIT G $ w A Property Se4tlell $ pncIAIiR01 X Wind NldIE9't424C10 _ 06217/11 O3)11/12 Salaam! 1Qt1,27r Doti "�,Sp DEEIG(RJPTION OS OPERATIONS I L. ATKINS I VE,H611.6$ (Mewl) ACORDr1Q1, ACI411t10I1ni 86nmrlo Elot1ortn1n It more seem la ro(jutrbd) C lub•Clvie Sorvloe or So, r 1 QGRTI IG,;u`(°IM. I- LOBS PAYEE • . City of Mlaml Risk Management Divlulan 444 SW 211dI AVe11tUa, Dili Floor Mleml, FL 33130 OP 3CO3 A CERTIFICATE OF LIABILITY INSURANC NA OA LL Tin DA'rH (MMIDDIYYYY) $SOUL() ANY OFF THE AI3QVE DESORIDED POLICIES LLE CANOELC,ED BEFORE THE EXPIRATION DATE THEREOF, NOTIon WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE() REPR6BI=NTAT1V6 t 19I30-2009 ACORID CORPORATION, All rIgilis roClorveci. AC'tOR19 25 (200$109) The ADORE name and Ingo a.ro registered marks of AQQRta SUBSTITUTED 2011.2012 OFFICERS PRESIDENT Bertram "Chico" Goldsmith VICE PRESIDENT Jorge Hernandez TREASURER Walter Alvarez SECRETARY Francena Kooh AT LARGE Ann Marie Clyatt Enid C. Plnkney TRUSTEES Brian Alonso Marcia Anderson Hilarlo Candela Matthew Greer Linda Collins Hertz Dwight Hill Megan Kelly Lisa Mackie Judy Pruitt Lois Randall Violotto Sproul Venny Torre Olga Vlelra Lilian Walby Don Worth ADVISORS Gay 13ondurant Gary Held Adolfo Henriques Ruth Jacobs Sallye Jude Penny Lambeth Nancy Liebman Dolly Maolntyre Bruce Matheson Thomas J. Matkov William Murphy .George Neary Leslie Pantin Arva Moore Parks Elizabeth Pater-Z Jeanette Poole Norith Schaef• Don Slesni II Herb Sos Ellen U; coioni Mary oung • erk 0 eoky Roper Matkov HERITAGE. DADi HERITAGE o TRUST ea7 January 11, 2012 City. of Miami Risk Management Dept Attn: Property & Casualty Coordinating 4.44 SW 2nd Avenue, 9th Floor Miami, FL 33130 e Agreement, Dade Heritage Trust is tarry worker's compensation insurance er tlmn Ifc ur employees. According to our Revocable Lice exempt from the obligations to due to the fact that we have f Yours truly, �.GrW Becky Rol Makin, CEO 1Q ," 4+9 C sr rn 190 S.E,.12"i Terrace, Miami,FL 33131 ^ Phone (305) 35B-9672 / Fax .(306) 358.1162 E-mail: Info&dedeheritagetrust,org • www,dedeheritag.etrust.org SUBSTITUTED FIDELITy NATIONAL INbr3MNITY IN9URANCI3 COMPANY !Witty Natlanal Irrdor'nnity insuranon Company P,0, 8ax 33003 St, Patorsburt{, C~L 3733.8403 1.1004304242 0DECL.LUA:TIONS PAGE. FFL 99.001 0311 3075905 9/19/11 2000 11523IMFo. I 1k0`u„V {j 5a_ERN r 4.µ�� �_?pi, t � �� 1 .«�WT.l 41 ?,'.+` fit 1 t�G' .!. �°SLih A. Q.�LiY '+r� fR `t 09 1150748449 00 Date, of Issue 9.` 19 1.1 General Pr 4 ert Form F, y.11 Y'af 95.. 3 t", . _d . _ kdiF.3,'+', ti-.4en'a �w F ,ww• }d t , . CB r/Ii'•'e • 's' 6 r .i M A+'.«. r ® I�..a rramt 9/20./11 Tol 9/20/12' IPA of am Standard Tlnlo 1 yr(s) 9/20/1:1 . 12lof am 0,70195.8 (305) 444-2324 Agent (305)444-2324 MDW INSURANCE GROUP INC 362 MINORCA AVE CORAL GABLES FL 33134-4304 Insured Leontlon (Mother then above) 190 SE 12TH TER,. MIAMI FL 33131 Grandfathered: No Building Description: Non -Residential F of Floors.: One Floor Basement/Enclosure: Crawlspace DADE HERITAGE TRUST IN 190 SE 12TH TER MIAMI FL 33131-3204 Addreas may have been ohanged rn n•.ordanue with USp$ stnndnrds. Community Name Community #: Map. Pan:e1/S Community Program Rating Location Description.: Contents Location: Lowest Floor only Ab'o BUILDING CONTENTS' $200,000 $36,500 DEAR MORTGAGEE The (deform Act of'1964 requires you to the MO company for this polioy within 6 of any ohangoe In the servioer of'thls to tify days Theabove message applies only w en there is a mortgagee onto Insured low This polioy covers Covered within may apply. Pie FFLG MIAMI, CITY OF 120650 fix: 0314 L Condo Type:. N/A' oting: 07 / 15% ' atus: Regular Adjacent Grade :.0 ood Zone:' AE Elevation Diff: N/A Ground Level $1,000 $1,000 PROBATION SURCHARGE:' ANNUAL SUBTOTAL: DEDUCTIBLE CHARGE: ICC' PREMIUM: COMMUNITY DISCOUNT: TOTAL WRITTEN PREMIUM: FEDERAL POLICY SERVICE FEE: TOTAL PREMIUMT Premium Paid b.: Insured $1, 751.00' $591.00 $.00 $2, 342.00 $118.00 $70.00 $380.00 $2,150.00 $40.00 $2,190.00 ly one building. ifyou'have more than one building on your property, please make sure they are all covered. ,See III. Property ur Flood polioy for the NFIP definition of "building" or oontaot your agent, broker, or Insurance oompany. Covsrage Limitations se refer to your Flood Insurance Policy for details, .100 0503 0503 'FL 99.310 0709 0707 Copy Sent To: As indicated on back or additional 07019580111807481-14911262d5 0000E EFL 99.11E 1005 1005 This policy Is issued by Fidelity National Indemnity Insurance Co pages, if any. 02464I NATIONAL I' ptutrINNY I191fiI IIANY 09 1150748449 00 2000 11523 FLD PGLF SUBSTITUTED , Fidelity Natlz,rrai Indemnity Insuranoa company 1, Re, cox a3oa3 St Pntsrsburg, FL 33733.Snos t-aoo.82o4242 ;FL 99,.3.1,0 0709 0707 3075905 9/19/11 Fidelity National Financial, Inc, Group of Companics Privacy Statement 9/20/11 13evi,sedi Mar 15, 2006 This Privacy Statement explains our privacy practices, including how we use your nowt.. io personal information (`Personal Information"), and to whom it is disclosed, We may anger this Privacy Statement from time to time consistent with applicable privacy laws. Each affiliated company of the Fidelity National Financial,. Inc, Group follows e privacy practices described in this Privacy Statement, Depending on the business they perform, t -so affiliates may also share information as described below, We may collect Personal information about you from the followin, sources: • Information we reoei/e from you on applications or other forms wo receive from you or your authorized representative, such as your name, address, social snumber, tax identification number, asset information and income h formntiorl; Information about your transactions with us or the servioea eing performed by, us, om' affiliates or others, such .as information concerning your policy, pron ''ins,. payment history, information about your home or other real property, information. from lens o s and other third parties involved in such a transaction, account balances, credit.eard numbers and pa sentliistories: • Information we receive from you through our int net web sites, such as your name, address, email address, Internet Protocol address, the web sit . inks you used to. got to our sito(s) and the pages viewed while at our site'(s); and 0• Information we receive from consumer or ter reporting agencies. Protection of the Gonfrdentiaalityand security of Your Personal Information We niaintairi physical, electronic ar , .procedural safeguards dosign.ed to protect your Personal Information from unauthorized acresor intrusion,' We limit access to the Personal Information to those employees who need such access i- connection with providing products or services to you or for other legitimate business purposes. .Sharing of Personal :tnfor, ation. . We do.riot. disclose Person , Information about our.customers or former .customers to anyone, except as .permitted by. law. W'e o • not shale information we collect from consumer or credit reporting agencies with our' arnlates orotl s without your consent Curless such disclosure is otherwise permitted by law, Consistent with apicable law, we may nevertheless provide all or some of the Personal Information desoribed above :xoluding information we receive from consumer or other credit reporting agencies) to the follow ing ' dividuals and companies; .To :oCu -affiliates, .suoll as insurance companies, agents and other real estate service providers to pro v' e you with services you have requested or as otherwis.e permitted under applicable law; asumnoe agents, - bre err, representatives, .support organizations orothers: to;..tho.,extent necessary provide you with services .you have requested, so long as the :above entities and parsons agree not to -further disclose your Personal Information except to the extent necessary to carry out the requested service on your behalf; it to enable us to detect or prevent criminal activity, (rand, material misrepresentation or nondisclosure in connection with an insurance transaction; and in connection with performing art insurance transaction for you; D701iS80l`diiS071180191,1E620li 0.000. 021-164 Ti.1.414.,,,r SUBSTITUTED FL 99,116 1005 1005 3075905 9/19/11 09 1150748449 00 9/20/11 2000 11523 FLIT RCLR IMPORTANT INFORMATION ABOUT THE NATIONAL FLOOD INSURANCE PROGRAM Federal law requires insurance companies that participate in the Natio P g Flood Insurance Program to provide you with the enclosed Summary of Coverage, I • important to understand that the Summary of Covera.go provides only.. general ovorvi- of .the coverage affprded under your policy, You will need to review your flood incur ce policy, Declarations Page, and any applicable endorsements for a complete ddescr.iptior .f your coverage, The enclosed Declarations Page indicates the coverage you purchased, r policy limits,. and the amount of your deductible, You will soon receive additional information abo . the National :blood Insurance Program, Thisinformation will include a Claims Handboo , a history of flood losses that have occurred on your property, as contained in FEMA's dat ..ace, and an acknowledgement letter, If you have any questions about your f.o insurance. company, insurance policy, please contact your agent or 07019 80911507W84449112k,203 8000E QP.Lik41 File ID: 11-00790 Enactment #: R-11-03.94 \torsion; 1 SUBSTITUTED City of Miami Text File Report Type: Resolution Introduced: 8/23/11 A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH ATTAC AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCAB SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CIT DADE HERITAGE TRUST, INC,, A FLORIDA NON-PROFIT C THE USE OF APPROXIMATELY 1,457 SQUARE FEET OF C AT 190 SOUTHEAST 12 TERRACE, MIAMI, FLORIDA, F SPACE FOR LICENSEE'S OPERATION, COMMENCIN THE LICENSEE TO PAY A MONTHLY USE PEE TO STATE OF FLORIDA USE TAX (IF APPLICABLE) CONDITIONS AS MORE PARTICULARLY SET • City Hall 3500 Pan American I ve Miami, FL 33 www,iniamlg+ ,00tn. 5tnt Passed Ennctmo •ate: 10/13/11 Contr ng Body: Office of the City Clerk NT(S), LICENSE AGREEMENT, IN OP MIAMI ("CITY") AND THE PORATION ("LICENSEE"), FOR Y-OWNED PROPERTY LOCATED THIS PURPOSE OF PROVIDING ROM TIIE EFFECTIVE DATE, WITH IE CITY OP PIF I'Y DOLLARS ($50), PLUS ITH ADDITIONAL TERMS AND ORTH IN SAID AGREEMENT, WHEREAS, the City of Miami ("City") owns cer , m real property located at 190 Southeast 12'rorraoe, Miami, Florida, also known as the Dr,. Jaokson House and Surgery (!'roporty"), originally the dootor's office and surgical facility of Miami pioneer Dr; James M, Jaokson, and is both .listed the National Register.as'a historio landmark and designated as a Historic Resource/Site by the City; and WHEREAS, the Dade Heritage Tru , Ino,'s ("LiConsee9) organizational'purpose is to promote historio preservation within the City and throughout Miami- ado County; and • WHEREAS, Licensee has e 'cased its interost.in utilizing tho.Propei'ty. to further its organizational purpose; and . WHEREAS, the City a l:ho Licensee desire to enter into a Revocable Licetiso Agreement ("Agreement") for the Licensee's use of the Prop ty; - - NOW, TIIERI3 Section inoorporated the RE,-I3II IT.1ii OLV.ED BY TJIE COMMISSION OF THE, CIT?-OP MIAMI, FLORIDA; 1, The reoltals and findings contained in the Preamble to this Resolutionare adopted by reference and s iffully set forth hi this Sootion, Se' ion 2, The City Manager Is authorized {1) to executeanAgreement, in substantially the attached fortn, betweon y and Cho Lioensee, for the use of approximately 1,457 .square.feet of the Cityowned Property, for the purposa of 'ding space for Lieon sev's ope6tion, comin ene'1ng ii oin the,9ffeotivo. date,. wll1t, 6e.Lloensee to pay' a monthly use fee to o City of Fifty Dollars ($;50), plus State of Florida Use Tax (If applicable), with additional'torms and conditions as more particularly sot forth in said Agreement, . • .-....... .... . .. _ City ofMimi Pngo 1 Pcluted oir 10/20/2611 SUBSTITUTED Soation 3, This Rosolution shall b000nio offootivo lmtnodintoly upon its adoption and signnturo of tho Mayor; {2} City ot'Miami 1'n0o 2 PrIntod on 10/20/2011 101X.2012 ormerns PRESIDENT Bertram "(Roo" Goldsmith, VICE PRESIDENT Jorge liernaildoz TREASURER, Walter Alvarez SECRETARY Prancena Kooh AT LARGE Ann Mario Clyatt Enid C, Plnknoy TRUSTEES Brian Alonso Mato la Anderson Hilario Candela Matthew Gtroor LindaColllns Hertz DwightTflhi Megan KoIly Lisa Mold tidy Pruitt Loth Randall Viotette Sproul Venny Torro Olga Vleira Lilian Walby .Don Worth ADVISORS (ay Bondorant Gary Hold Adolfo Henriques Ruth 'Jacobs Sallyhide PorinyLambotit Nancy Liebman Dolly Maantyro •Iiruee Matheson. Thtitnag Y, Matkov William Murphy Goorgo Now I,oslio Paula ArYa Moore ?arks Elizabeth PlatorZyberk Jeanette Poole i‘TOrah Sohador Don Stesniek IT Herb Sosa Ellen T.Igueoi • May You Bock opor Matkov, SUBSTITUTED Dade Heritage Trust Board Resolution Be it resolved, that the Board of Trustees 'of Dade Merit Trust voted on Wednesday, November i, 2011 to -authorize Board President Bert m T, Goldsmith, :Sr, to sign on behalf of Dade Heritage Trust the Revocable Li0011 Agreement between the City of Miami and Dade Heritage Trust, Inc. for the use. Dade :Heritage Trust of the historic,' Dr. Samos Jackson Office and Clinic, 190 SE 1 Terrace,Miarni., FL, 3.3134. Signed: ,ace.e.lc_ Rebecca R, Matkov EO Goldsmith, Jr,, President . :• • :•• 190 SIT 12dIarrnoMIjilItloado, 33131 0, piton (305)358,9512 / Vox ($05)353410 dadolteritnge@cillt.mootbiz,w0 www.dndohoritnsofrook,orig SUBSTITUTED CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Olga Zamora, Senior Project Representative Public Facilities COM FROM: Rafael Suarez -Rivas, Assistant City Attorney DATE; January 19, 2012 RE; Dade Heritage Trust - Revocable License Matter ID No.; 10-3488 Enclosed please find the captioned agreement Maio has been approved by the City Attorney as to form and correctness,. Once this agreement h , been fully executed please forward a copy of the fully executed agreement to our office so th e may close our file. If you have further questions, please feel free oontact me at 305-416M1g00. Enclosure(s) WHEN RETURNING THIS CONTRACT TO THIS OFFICE FOR FURTHER REVIEW, PLEASE IDENTITY AS TO- 488 Doc, No.: 300148 SUBSTITUTED CITY OF MIA DOCUMENT ROUTING FORM ORKINATING DEPARTMENT; Public Facilities (Asset Management Division) DEPICONTACT PERSON; Olga M. Zamora EXT. 1476 NAM@OF OTHER CONTRACTUAL PARTY/ENTITY; Dade Heritage Trust ("Licensee") IS THIS AGREEMENT A5-A RESULT OF A COMPETITIVE.PROCUREMENT PROCESS? p- YES TOTAI CONTRACT AMOUNT; $ N A FUNDING INVOLVED? p YES TYPEOF AGREEMENT: d MANAGEMENT AGREEMENT p PROFESSIONAL SERVICES AGREEMENT p GRANT AGREEMENT Q IKPERT CONSULTANT AGREEMENT LICENSE AGREEMENT ' OTHER: (PLEASE SPECIFY): E NO Z NO p PUBLIC WORKS AGREEMENT p MAINTENANCE AGREEMENT p INTER.LOCAL AGREEMENT p LEASE AGREEMENT PURCIIASE OR SALE AEEMENT PURPOSE OF ITEM (BRIEF SUMMARY): The Miami City 'Commission authorized the ty Manager to execute a Revocable License. Agreement ("Agreement") between the City of Miami and the Llcenseo fo "he use of approximately 1,457 square, feet of City -owned property located, at 190 SE 12 Terrace for the purpose of pr► Iding space for Licensee's operation with terrnsand conditions es more particularly set forth In sald Agreement, COMMISSION APPROVAL:DATE: 10/13/11 FILE ID;• 11,-00" 6 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLA +; ENACTMENT NO.; 11.0394 • tt tJ IN sitil' M'\ `I N..".y, ' ' ...,.,. R r Date Signature/P.rint y APPROVAL BY DEPARTMENTAL DIRECTOR SUBMITTED TO RISK MANAGEMENT 2 Z 0 1 1 ! �r^+.ten"- 'N^-""'i. SIJ MITTED TO CITY Ti�OR - ,. M TrER '10 64;IIi3' , ? I , r /:. /� ! e T° LA 6r02,,d lair . ' APPROVAL BY CHIEF ; ' RECEIVED BY CITY MANA' R. 2-- 10 SIJE IVIITTED TO A ' ATTESTED BY CITY CLERIC ONE OR( r ALTO CITY CLERK, ONE COPYTO CITY.. ATTO Y'S OFFICE, REMAINING ORIGINAL(S) TO DEP' ^TM.ENt PLEASI ArrAci- THIS ROOTING FORM TO; ALL. DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER