HomeMy WebLinkAboutR-77-0567GFII-GE F.
City Attor
ftt8OLUTION NO$ 77!.567.
A 1t8ottiTION AUTH01112/Nd AND DIRECTINC THE CITY
MANAdtk TO ENTER INTO THE ATTACHED thEA8t AdREt-
MENT bETWEEN THE CITY oP MIAMI AND DADE HERI-
TAdE TRUsTpINCoRPoRAttb.
t.,IT:fttOilyzp::tg'tHEOMMI-88ZOW'Or,.T4t:'CiTYHOP'1,4IAMI
'authori2od-..
and directed .to enter into the,lease agreement between the citYrand
bade Heritage Trust, Incorporated for the property and building
situated thereon located at 190 Southeast 12 Terrace, Miami,
Florida and which was formerly the office of. Dr. James M. Jackson,
the terms and conditions as set forth in the attached agreement.
PASSED AND ADOPTED this 14TH day of JULY
1977.
MAURICE A, FERRE
ATTEST:
H.• CIT
PREPARED AND APPROVED BY:
JUDITH HOLLANDER
Assistant City Attorney
•
APPR S TO FORM AND CORRECTNESS
lor,1011111b1
•
OX, JRy
MAYOR
'DOCUMENT
ITEM
INDEX
CITY COMMISSION
MEETING OF
JUL 1 4 1977
Moro 0,77„7.1
7
49,04.0. ft** +II t 41 .4t
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ei'1'Y 5i MiAs,t t'stnb
t 14, i'y 1 11, d j
td hard b.' os3itoeti' bisector:
bepa ttf ent : of P.lahi in .
Per City Commission Motion .No.; tI 77.-522 of 'June 22,
1977) (attachedr enclosed please find.a lease agree
meht between the City of Miami and Dade:Heritage i'rust'
for bre Jackson's houselocated. at .190 s.H. ,12 Terrace,.
Miami; Vlorida'for City Commission review. The lease
obligates' Dade Heritage Trust for all maintehande,
surance and other.:costs associated with the operation
of this facility as an historic museum.
Upon approVal of this lease by the City Commission, .the
Administration will.proceed with acquisition of the
property.
C.11 f CIF` ` ifAi� L. FL RIbA,`'
a r t M t4yb0.by
Monorabl'e Met bet s of . the .
Miatni.i City Gtim itsion
•
eCSty , ktAO t Jr
City'A brney
%ee$e reef ht et e1 .tf
.and ,Dadeekitagei st1the
s
The attached lease_'between the. City of 'Miami arid Dade
Heritage Trust, :`Inc. -'has been approved AS to form and
correctness and has been executed by the appropriate
officers of Dade Heritage Trust. HoWevet, the 'city`
manacgershould not' sign this agreement: until the propert
involved has been purchased by Hie city.
GFK/JH/cs
Ftidhard bi . Poettl0eh bi eettir
bepartilleht of P1atihind
t; lytt_ fiitb,t, y
duly y 197 -Yr_er .
eagle :br ..fiac bti t t Hdti-te
City 'del ntf esthh ,cIehda.
ti1y= 14) 1977..
Per City Comm ,s5ion Motiott.for,M 77-522.of June 22,
1977;' (attached) ehcloaed please fid a 'lease agteeL
merit betWeeri the G ti Of MiakPi':' and bade:; Heritage: )i''rUst
for br+ Jackson's 'house located: at 11)0' z 12 Werra"ce j
Fiorida .:for: The`, lease
ob or all maintehahce)
li ates.Dade Heritag,e: Trust f
s an:historic-museum
siirance and other costs associated With the operatio
of ,; -
this facility a
Upon approval .of this leaseby ;the` City, Commission, ;the,
Administration proceed with acglzisition of the,
property. t
miAmt. f.,-1.00/16A
thif ett.drfidt
, , • I f
•IteShorahie Metbete oi the
Miami City Coffirai§§ioti
7.-;•-••••::••;;';;''•;:-•eha 'itede.:41erite4eilkuitillho4
; •••• • ; ; , ;
hot#
City A they ; •: „
„ ;
geint
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ha81?e &1•14
bfier b bade
• • -:- fhas-.ben-.purchased:otri=hecity , -:•.-
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balsa tOillMafil :niatta fit
Cott iunity beVeioptdeiit
City Of Miatii
Pe V{ box' 330108
Miati, tlotida 33113
neat Pena:
Our Eoatd of Trustees has approved the Lease Agteehent On br a iatkscn s
Office, 190 SE 12th Terrace, faith a feta additions as outlined belot4s
Page 3 - Section V RESTRICTIONS, Paragraph 2:
Add "with the proceeds of above insurance" where indicated.
Pare 5 Section VIII CANCELLATION
Add at end of section "In the event the City takes possession the
Trust shallhave no further obligation or liability.
Page 8 - Add Section XXI OPTION TO RENEW
"The Trust shall have the option to renew this lease for one ten year
tern under the same terns and conditions. This option is to be
exercised not less than six months prior to expiration of the Lease
by Notice as provided in Section XVI of this Lease Agreement."
L+e are interested in having this option for more than one renewal and
ask that consideration be given to this.
Page ; - Add Section XXII PERSONAL PROPERTY AND MITSEUIT ` UR'1ISHINGS
"The Trust shall retain ownership of personal property and museum
furnishings."
If there are any questions re�68ding 10n0these
Dollyadditions,
T'aclntyreplease
$541R523our
attorney, Mr. Gene F.ssner at
W,e would also like to suggest that as part of the sales agreement (if
not already done) an inventory he taken and be part of the agreement.
Our concern here is certain lighting fixtures, hardware, etc. that
are historically important to the building. Because the property is
presently occupied by tenants on a month to month basis, we are
interested in protecting the property from improper stripping.
are also interested in the opportunity to go through the house as
soon as possible so that we may more quickly plan and execute the work
necessary to prepare the building for use as the community preservation
center, open to the public.
DADE HERITAGE TRUST, INC.
beeanat at our digird tO fitOVIdO aftite apate far the *Community
bevelapftht funded Iiittorid Site§ aurvey team, ut Ord very AORIOU§
to take oteupanty by Auguat 1; 1077, YOU may be enured at aur
taoperattht irvhattverisnettaaary to attompliah thi• tt
bade fltritage ttust 1.8 most grateful to And proud Of the tity of Miami
•tor rttognifting the importance of the tityst heritage arid for attihg
ih a firm and positive Mafther tOWatda protecting it, We fedi this
•projet demonstrates the possibilities of cooperation bettmen
governmental bodies and tititema groups for the general ihprOVetent
Of OUr quality Of life, We emtend our deep thanks to all the City. •
•personnel and elected officials Who have made it possible,
Oil
•
; •
•
Siftterely,
- Samuel Je toldrick
Presideht
- „
•
DADE HERITAGE TRUST, INC
tIA'St'AtfI NI P
• Tttis INDEts1TtURE, made nd e itered into this, wday of
1977, by and•between ;the CITY' OE NIANI, a ,municipal corporation order the lasts
of they State of Eldrida, herainafter called the "CITyni and DAbE ;HERITAGE TRU T,
INC,, a non' -profit, , tak exempt corporation' under the Laws of the State of
Florida, with principal offices' in the City of Miami Florida, hereinafter called,
the "TRUST'.
TNES,S'„E TH
DESCRIPTION OF PREMISES
The CITY hereby leases unto the TRUST for the purposes and'under the,:
conditions hereinafter setforth, the following described' real property located
�County; -,
in the';Cit = of Miami ` of ..Dade Florida,< to wit:
'Lot A, Block 3 Amended Plat: of
Hibiscus Place,according to the
Plat thereof, as located in
Plat Book 3, Page 110 of the
Public Records of Dade. County,
Florida
consisting a one (1) story frame building with attic, containing seven (7)
rooms, a screened and open porch, comprising of 1800 sq. ft., M/L, and commonly
known a
190 Southeast 12th Terrace, Miami, Florida.
SUBJECT TO THE FOLLOWI
NG TERNS, CONDITIONS AND RESTRICTIONS:
I. TERM
The terms of this Lease Agreement shall be`'for a period of Ten
(10) years, beginning on the day of , 1977.
Il, USE OF: LEASED. PREMISES
The leased r, be used b the TRUST
P ems ses are to y fog thehistoric•
preservet=ion of one :of the eldest landmarks of Dade County, Florida, which
premises w44s originally the office of Dr. James N. Jackson, a pioneer of Dade
County►, with two (2) 'ooms apeuscl to the''ublic as a mus um on a regular bas .s.
Pags
of
Tic ret ittdetx bt the 1itiiiditI till be used by theTRtt*T as headquatte s
fir the GOiut ittity • tide preserMetieii tidytt e t
l ll.11EPAIRS
The TRUST shall tnaihtath and supetvise the teased preatee-
and "shall keep the demised premises in a safe condition, and shall acid
does hereby assume full and complete responsibility for injury of damage
suffered or caused to person or property within such leased area, result-
ing from the reconstruction, use, operation of, or failure to maintain
y
in a safe condition, pthe demised remises, except such as may result from
an act of God, such assumption to be for the complete holding harmless,
release and exoneration of the CITY from any such liability, and/or its
servants, agents or employees, or claim for damages occasioned by the
use of said premises, or any negligence incident thereto. However) nothing
contained -in this'Lease shall be taken or construed to prevent or limit
the TRUST in the use of any' appropriate defense against"the claim of Third
Party claimants.
IV.' INSURANCE
,The TRUST shall provide'a Public Liability Insurance Policy
:in :the amounts of not less than $300,000.00 per occurrence.for Bodily
Injury, and $50,000.00.per occurrence for Property Damage, for the use,
benefit and protection of the CITY and/or its servants, agentsand employ,
ees, the. insurance company to be approved by the CITY, and a copy of the
policies shall be filed with the CITY, The CITY OF MIAMI shal.l be named
as;an additional. insured on any and all such policies.
The TRUST further agrees to hold the CITY and/or its servants,
agent$:and employees, harmless and in complete release and exoneration
from any claim for injury or damageresulting from the causes herein
'mentioned and`yet
ment forth.
V, .;,RESTRICTIONS
DAMAGE OR DESTRUCTION OF BUILDING DUE TO FIRE OR CASUALTY
40 0
The tiTt agrdds to obtain and piaOe tote detised prettis
aster rite poiic aitif agrees that this uiidiig Mill' retrain o"i the
policy far the tern of this; ,eaae'AgreeMefts d prorated Cost of the
t'ite and WindstorM'.ltisurance shall be paid an an atmuai' basis to the
the .Tt WST I
In the event the bu
ilding or any portion of the premises is daMaged
of destroyed by fire or other casualty,' said damage or destruction shall
be repaired and restoted by the TRUST with due dilligence, with the proceeds
ofabove insurance, subject to the right of the CITY if the cost of repair
and restoration is so substantial as to make such repair or restoration
economically unfeasible in the opinion of the City Manager, to terminate this
Lease Agreement upon thirty (30) days' written notice. Such notice of
Termination shall be subject to the right of the TRUST to repair or restore
the premises at its own cost and expense upon the TRUST giving the CITY
written notice of such election within ninety (90) days after the date o
the:CITY'S notice referred to herein.
n the event that either party to this Lease Agreement: agrees
the repair of the damage or destruction as required under the provisions
hercof, the work shall be done in a good and workmanlike manner, and subject
to plans and specifications therefor, - being first submitted to the City
manager of the CITY, and approved by him, in writing.
n the event the premises shall become unfit for the use intended
b ecause'of the occurrence of damage or destruction to the premises as
provided in this paragraph, and the TRUST shall be required to close said
'demised,premises on account of such occurrence, and said closing shall
continue for a period in excess of seven (7) days, all rent shall abate
while the premises remain closed, until the condition shall be corrected
to.:such degree as to permit the TRUST to commence operations'on the leased.:'
premises,
The TRUST a
gtee� not to keep or permit to: be �c�pt or permit to b
contained n or about or on the demised premises, anything of any ,character
so,hexer dous as to render it difficult* .mpractina-, or impossible to
pitodutt intUrande agaInet fire or other cautte with ttitpanitS acceptable
to the CITY, In the extent the insurance cannot be obtained because 6f
theee faCtora, then the TRUST shall'furtish to the CITY a bond with a
surety addeptable to the dITY fully indemnifying the CITY for lose) de
etrUctititi, damage Or injury to the property of said CITY,
• The,, TRUST shati ay t� the CiTY a year).y„tehtali•.t.f.,
: • -••• . '-• . •• " • •
($1.i 00)- bollar the ,f its tH:payrotit,._tObo..:.'ena4e;by , .
•the • day of 1977, and on the same date each year.
DAliAGE'ANDI,OSS TO THE TRUST!Si,ROPER11
The TRUST releases the CITY from any and all liability,
cost or expense for damage, or loss to TRUST'S property for any cause
whatsoever, which shall include but not be restricted to, any damage or
loss that may occur to merchandise, goods, equipment or other property
covered under this Lease Agreement if lost, damaged or destroyed by fire,
theft, rain, water or leaking of any pipes or waste water in or about
said premises, or from hurricane or any act of God, or any act of negli-
gence of any user of the facilities, or occupants of the premises or any
person • whomsoever.
. . , .
VIII. • CANCELLATION
In the event of a default on 'the part of the TRUST of any _ !
of the provisions in this Agreement, the CITY shall have the right to
serve upon the TRUST, a Notice calling attention to the particular default
or defaults complained of, and demanding the termination thereof, and in
• the.event of the continued existence of said default or defaults for a period.
of thirty (30) days from the time of the giving of such written notice by
the CITY1' the CITY shall have the right to serve a further notice of its
election to exercise the option hereby granted to it, to terminate this
.'Lease Agreement, If said default or defaults shall then continue after a
•'peric4'.Of.fl.fteen, •(15)..days from ih@givips411.474--Noicp.of.Blact91!i:::.,,-,,.:::4-,::
rose 4
the CM shall have the right, without turthet hotiee, to re,.ehter aria
take possession of the leased premises and all itnptoverents thereon, 'with-
or t.d thout judicial process, and to terminate this tease Agreements th
the event the CITY takes possession, the TRUST shall have no further.
obligation or liability,
IX► COMPLIANCE WITH CITY., COUNTY, STATE,_. AND VtDERAL,_ LAW'
The TRUST shall comply with all rules, regulations, and laws
of the City of Miami, County of Dade, State of Florida, or The United States
Government, now in force or hereafter to be adopted.
X. ANY AND ALL TAXES AND ASSESSMENTS
The TRUST agrees that it shall pay as additional rent during
the termof this Lease Agreement, all taxes and assessments, general and.
special , which may be levied, assessed or otherwise imposed upon said
demised premises and the buildings and improvements thereon, or which may
be hereinafter during the said term erected or constructed thereon. It is
the intent of this Lease Agreement that the CITY is to receive the rental
hereinbefore specified, as net, and clear of all costs and charges arising
from or relating to said demised premises and its appurtenances, in any.
manner, during the term of this Lease Agreement, and which may arise during
the term of this Lease Agreement from the use and/or misuse of said demised
premises in any manner.
XI. LICENSES
The TRUST shall obtain and pay for all the necessary licenses
required for the operation of the facilities provided for in this Lease -
Agreement.
XII, INDEMNIFICATION`)DF:.THE CITY .BY.THE`TRUST:
The TRUST covenants and agrees that it shall indemnify and
hold harmless the CITY from any and all claims, suits, actions, damages
or causes of action arising during the term of this Lease Agreement for any
s of life or damage rsonal injury, loss a to property sustained in or about
the leased premises by reason of, or as a result of the TRUST'S occupancy
thereof, and from and against any .Orders, Judgments nr Decrees which may.
ba entered thereon, and from and against all 4osts, attornsy,'s fees,
and*liability incutred in and about tke defnse ' of . any suchiaffi
and the investigation thereof; provided, however, that before the RUST
s'ha3i become tidbit for said cost, the TRUST• shall be. given notice in
w%itiiig that the same are about to be incutred,'and the TRUST shall have
the option itself to tnake the necessary investigation and employ coutisei of
TRUSTS oWn selection for the necessary defense of any claimso The
,CITY, at its option, shall retain its own counsel at its sole cost and
utilities
n addition to the provisions as hereinabove set forth,
UTILITIES
The TRUST shall be solely responsible and pay for all,.
used by the TRUST in the operation of the demised premises.'
XXIV. MAINTENANCE OF DEMISED PREMISES AND JANITORIAL SERVICES
The TRUST covenants and agrees that it shall at its own
cost andexpense, maintain the interior and exterior of the leased premises
same condition as received, ordinary wear and tear excepted, and
shall keep same in good and operable condition during the continuation of
the term of this Lease Agreement and will keep the same in good, sound,
clean condition and repair, fire and hurricane or other acts of God excepted,
and will not suffer or permit any strip or waste of the demised premises.
Strip, as herein used, is defined as the stripping, mutilation, or destruction
f the demised premises.
The TRUST agrees to provide adequate janitorial services.
e TRUST further agrees to maintain the leased premises in a condition of
proper cleanliness, orderliness, and state of attractive appearance at all
tines. If the leased premises are not kept clean and attractive in
appearance or in proper state of repair, at the option of the City Manager
of the CITY, or his designated representative, the TRUST shall be so
advised, and, failing corrective action by the TRUST within seven (7) days'
time, the City Ilanager of the CITY, or his designated representative, may
ause the leased premises to be cleaned and/or repai.ted at the TRUST'S cost
and the TRUST shall rei.mburpe" the CITY within thirty OP) days
tsatf► the notice
for said tost atk1 thsrges
t iINAtIOL.'OP. tint.It$,Eg ITY
The MUST agrees to pet nit the CI' Y, by its designated
pet otitiel',; to enter upon the leased pretiiiseS at any ;tltiie for atly purpose
the CITY deems necessary or`:indidental to` or connected
. _ .. , with the CITY' S
dutiesandobligations herein) or;,.in:.the exercise of its rights or functions..;.
VI OTICE
Notices from the CITY to the TRUST shall be deemed duly
served if mailed by Registered or Certified Nailto the TRUST at the
address of the demised premises; and notices from the TRUST to the CITY
shall be deerned duly served if trailed by`"Registered'orCertified Mail,
addressed to the City Manager, City of Miami, P.O. Box 330708, Miami,
Florida 33133, or to; such other respective persons or ..addressesas the '.
parties may hereafter designate to each other by -notice, in the foregoing
manner.'from time to time.
XVII. BINDING OF SUCCESSORS
The terms and: provisions of this Lease Agreement shall be
binding and':. inure 10 the benefit of the successors and assigns".respectively
of TRUST. and CITY.
XVIII ASSIGNMENT AND SUBLETTING OF PREMISES
The TRUST shall not at any tiine dur3.ng the term of this,
Lease Agreement sublet any part, of the premises or assign this Lease Agree
p hereof, exceptby written authorization
meat, or anyart k' and virtue of w. o>•izaton
granted;, by
the . City Manager .of the City of Miami.
, XIX,; :., CAPTIONS'
The captton4 cQntaipecl tn this Lease Agreement are inserted
only as a matter' of convenience and for reference, and in no way define,
limit or . prescribe the scope of this . L..
_ease .Agreement or the intent of an
provisions 'thereof, ..
'48P ,Qt 9
C• ,'•N0-DISCRI= TNATTO i
The TRUST agrees that there shail he no''discrim itiatiotn. as
•to race, creed, 'color, or nationality ,tthatsoevet. in cbnneCtion.:with . the
use, maintenance or operation, of the demised premises.
REVERSIONARY. -.CLAUSE
It is understood and "'agreed that in the event the TRUST
does not comply with all of the conditions at outlined in the Vithitt'.Lease,
Agreement,` then and it that event, the Lease'; Agreement t is 'automatically
null and void, and the CITY riav re-enter and take possession of the entire.
premises."
,XXII . , OPTION TO RENEW
The TRUST shall have the option to renew this lease for one ten
year term under' the same terns and conditions. This option is to be
exercised not less than six months prior to expiration of the Lease by Notice as
provided in Section SVI of this Lease Agreement.:
XXIV. PERSONAL PROPERTY. AND. MUSEUM FURNISHINGS
The -TRUST Shill" retain ownership of personal: property and museum
urnishings
t i' WTTNES 1411EkEoi , the 5Atties , uieteta hev i 41M.du4itY And
through.' the'i proper, eotptit?ete officials e. edited • this Lease Agreetnettt'
the day Odjo4t--fiftL:Abbititteykir.
TIE CITY Oi±` MIAMI, a hfl icipa1.
Cer'potatiotl of the State of :Florida
DADE HERITAGE TRUST,`INC., a`Mon-Profit'.
Tax E:;Will) t Corporation of the State`, of ;
Florida''
APPROVED AS TO FORM & CORRECTNESS,