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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 IIistoric 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 Govelmnent'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 halmony." Indeed, an underlying
motivation in passage of the Act was to transfoini 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 Lummus 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 IIistoric 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, opera to all who had an interest in the mission to
save historic resources.
A core group, which included Sallye Jude, Dolly Maclntyre, 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 forrn 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 -tenni lease agreement to serve as its headquartersand to operate as a
historic preservation resource center, With funding fiorn connrnunity 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, Miarni'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 Foil; 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 Pr°eser i)ation 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. IIistoric 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 Hannpton 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 Bulmy" 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 pronnises to keep us on our toes as we deal with the ongoing challenges of saving
historic places and the memories they engender, frons 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.
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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.
m 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 •rhe 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)
s Miami Pioneer Families (June 1- September 80)
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.
y
REVOCABLE. UCENSE AGREEMENT
ISSUED BY THE
Y OF MAN
TO
DADE HEWAGE TRUST, W.
FOR TH OCCUPANCY F THE PROP° ` _LO -CAT T--__.-_-._...-- _..._�..•
190 5 E, 12th TERRACE, WNW, FLORIDA
AQUA DR. JACKSON'S OFFICE
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
Rovoosblo Ldoegse Agrooment lseued by 1:110
City oftutlzl to Daub Hocltoge Trust,1310,
TABLE OF CONTENTS
3,.
Recitals.r,r,:,,,,.a.r,,,,l,,....f...... .,r...,.......P,,,...,....r.l....11r„.1..,,,,, f., l,...,,..,.., r.., 1. I. I I I I I .III„ I..,, i,..,..,
12
2,
Definitions . ....................................... .......... ..rr..,r.....r,,.....r.............,r,r............................,,,.
,2
3.
Purpose . ...........................................,,,,lr,,,,,.,.,,,,.r,.r,„,„r..,..........,..r,..,,,,.,.,.,,1„„1,1.,,,,,,......3
4.
interest Conferred By This Agreement ...... ........ .....,,r.l,,,,r...,,,..,.,..r,,.,,,..,r,r,.....,r.......... .r,......,4
5.
Manner of Property Use. ,,...,..,.,r...........................................'r.....,.....,....,,.,,,l.........,r,,....l....4
6.
Occupancy and'rerm..................................................ll...l...,.................. ,.............r,,...,......5
7,
Continuous Duty to Operate_-, ..................... ....r. ................ ,.,,,,,,,.,,.,.,,,,.,,,.,.,.,,,...,5
8.
Use -Fee ............. ...........r..l....,,..,..,......,.,r...,,...,.,,,...,..,...................,,..,...l..r................,............, 6
9.
Late Fees..............................r.l...r.Ir.1,r..,.,..r....'.........f..l...l.....Y.......... l,.r,.................... ,,,,,.1r.,...
6
1.0,
Returned Check Fee,.,...,..................r.,..,.,...........r.,l.,..,.,......,,.....,....,,...............r.,............ r..,6
11,
Guarantee Deposit..................r.r................ .,,,.r.....r........f.......r...r.....f,If... l,,fffr.....r...............
7
12,
Services and Utilities,,.,f..1..,1,.,..,.f,,,.l....ff..............r....,..,......l..l..l.,....,...r....................,.........8
13,
Reporting Requirements........................ll....,......,..........,.fr........l....,........... ,,'..... ,,.....,...........
9
14,
Condition of the Property and Maintenance................................................................1,,,112
15,
Alterations, Addl-dons or Replacements .r,.,...........r.r........................................'................,,.13
16,
Violations, Liens and Security Interests..............................................................................14
17.
City Access to Facility .......... ......................... 1.ll........r.....................,.l,.............. l,..................
15
.18,
Indemnification and uloid Harmless,.,,.,,.,r,,..,1..........................................r,,,f...,,.,....,,..,1.,,16
19,
Insurance .......,...f ............................... ....... ..........................................................................17
20.
No Liability' ................................ .r..... ....... ,,.,,.ll,r,,,,.,,...,,,,r.,,,..,,,,r..... •... , ...... I ...... 1.lr.,,,I.........
17
.21.
Safety . ................................ ,.,,,.,....,,....,.,,,,....,,..,...,.................. ............ 4.. .......................... rr1.,18
22.
Taxes -and Fees ........................................ ............... ....................... ,................... ,...... ,.........
18
23,
Cancellation by Request of Either ofthe Parties without Cause..........................................18
24.
Termination by City Manager for Cause...............................r'..,..........,................,,.............,19
25,
Noticias . ............... l...l....f......,,........................................ ,...... ,.......................................... ...
19
26,
Advertising . ............... ..............,..r......, ............................ ..,,,..,r........,... ............. .....................
20
27,
Hazardous Materials .......... ............................. •1„.,,,,.,,,,............. ,........ ,.......................... ,......
21
28.
Radon Gas . ............ .f.....f.r,...............,,.,•..,l..l,........,..,,........................ l,................................
22
29,
Licenses, Authoriz.atlons and Pe.rmlts..... ........,,,,...,..;.,,,,.,.,....,,,..,r ... ,,,....I.,Ir,.,,I'll .,,,...1,.,.,,
22
30,
Compliance with all Applicable Laws ...l.,............,r....,...r................................. ....................22
31,
Ownersh'Ip of Improvements.,.,,,...,.,..,r..............................................................................23
32.
Surrender of Property,r.........rl...........................r....r.l.....,............,.....................•.................23
33.
Severability. .,,,,,,,1„l..,r...,,.r,..r,,...,,.,.,.r•„r,,,,,,,,,,,,,,,,,,,,,,,,,,,,r,............... ...,...,.,.... I ................. 12d,
I,.Ir, r., •ir. ,'rir.11l .l,....rr..Yi.r,1....I., l,., ,,'.. r1f r'f.l,.lrl.'I'll lY.'. 1'YY1.,I„r'W4
35,
No Assignment ar Transfer . ........................... I,tl,,.r.,,..f,.,.,,,..,,.,,;............... ...... •........ r,..,.,,r„
24
3,6:
f ublfek ecoid ....,.. r ,.....11 ... ..........'1 f. ,,..,r.,.......,..r.i17T��TTiTf IT'rlTiTiTfh/S
37,
Conflict of Intertest.,'r.............f.,,,...,,,.,,,........ .1.,,...,..,.r............, ............... I ..................... ,1 ......
.25
38,
Americans with. Disability Act ...... ............................................ ,,.1....f.,............,..., ...... ...........
25
3.9,
Nondiscrimination.....................................f........,....r......,..,..............r...........f,.,,,,...... ,.,.....
26
4.0,
Affirmative Action. l,..l......'..............................r..........f,..,...,..............,................................26
Rovoosblo Ldoegse Agrooment lseued by 1:110
City oftutlzl to Daub Hocltoge Trust,1310,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
41. Minority/Women Business Utilization . ....... ........ ............ :............. ,,.,.,........ 2G
42, Amendments and Modifications......,.... .............................27
43. Attorney(s') Fees .............. I.....,,,,..,..,..,,,.., r.
44., Litigation; Venue ......, ,.
4.5, Walver of Jury Trial ........................... ,.......................... ,..,,,,.,..,.,.,,..,,,,,.,,,,,,,,..,.,,.,.,..,.......... 27
46, Waiver...................................................................................... .....,.....,.,.....,..,.....28
47, Time of -Essence ................................. .... ......................... ...,....,,. ..,,,,,,,..,,,,.,28
48, No interpretation Against Draftsmen.. ....... ................. .................................... .............28
49, Further Acts........................................................... ........... .............................. ........................28
50, Third Party Beneficiary..,,. ...................... ................... ............ 29
51, No Partnership . ................. ......,........,......,.....,29
52, Headings .................................. ......,.,.,.,.,.,..,..,...,.29
.53. Authority . ........... ....,,.6............................................................................ I ..,,,,..,1 2
54, Entire. Agreement. .,,,4,,. -1111 I'll ...... ........,...,..,......,.,,.29
55, 5peciol Provlsions................................................................................................................ 30
M1131"I' Al ...................................................................,, ,I.....,....;.............,.32
EXHIBIT A2. . ...........................33
EXHIBITB ...... .................. ....................... ...,.,,,,,...................... ,,,,,.,. „.,,.,...,,.,,,............34
EXHIBIT C ......................... ..,.....,35
is
Rov000blo Lloo»se ApoGmoat lowed by the
City of Woonl to Dodo Hetiwgo Trust, Iiia.
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
l I.
F4 VOCABLE LICENSE AGREEMENT
{ This Revocable License Agreement ("Agreement") is made this day of
b nd between the City of M1amI a municipal corporation of
a�
the state of Fiorlda ("City") and (wade Heritage Trust, Inc, ("Licensee"), a non-profit corporation
Incorporated under the laws of the State of Florida,
i
RECITALS
WHEREAS, the City and licensee ("the Parties") desire and intend to enter into a
Revocable License Agreement for the use of City -owned property located at iaq SF 12th
{
Terrace, Miami, Florida ("Property"), also known as pr. Jackson's Offlce;.and
WHEREAS, the Property was originally the doctor's office and surgery facility of, Dr.
I
James M, Jad�son, Miami pioneer., and is listed in the national register as a historic landmark;
and
1 WHREAS, the property Is designated as a Historic Resource/ Site by the City of Miami;
and
j WHEREAS, the Licensee's organizational purpose is to promote historic preservation
{ within the City of Miami and the wider Miami -Dade County community; and
i
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
WHERRAS,thls Agreement does not transfer an interest in real property including any
leasehold interest in real property owned bythe City; and
WHEREAS, this Agreement does not confer a right to use any real property for any
general purposes; and
i
Iiewooble License Agreement issued by tho
City of Miami try Dado I•Ierltago TnW, Ino,
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
I with Section 18-188 and 18-x.89 of the City of Miami Code, os 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
recital's; and
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties
hereby agree as follows;
1.. Recitals,
The foregoing recitals are hereby incorporated and made a pari; of this Agreement,
2. Definl•s;lorisb
A. "City Manager" is the City Manager -for the City of Miami, Whenever the term
the "City" Is used in this Agreement without further elaboration for purposes of
'this Agreement the term shall be construed to referto the "City Manager".
B, "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........ . ... . .. , .. I , It ., ,..
month, the Effective Date .shall be adjusted to be the first day of the following
D. "Hazardous Material Daws" means all applicable requirements of federal, state
and local environmental, public health and safety laws, regulations, orders,
21
Rovoonblo LiDoan A.groonout lssaod by tho
City of Miflmt to Dado Iloeitago Tnl8t, 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 Ciean Water Act; the
Resource Conservation and Recovery Act, as amended by the Hazardous and
Solid Waste Amendments of 1984; the Safe Drini(ing Water Act; the
Comprehensive Environmental Response, Compensation and Liability Act, as
amended by the Superfund Amendments and ilea uthorizatlon Act of 1936; the
j
Occupational Health and Safety Act; the Toxic Substances -Control Act; the
! Pollutant discharge Prevention and Control Act; the Water Resources
Restoration acid 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' Use's" ,hail mean the use of the subject 'City -owned property
4
i primarily and principally as the principal headquarters -for the Licensee's historic
I
preservation activities', and secondarily as a display museum for historic artefacts
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,
F. "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 194 5E 1 t" Terrace, Miami, Florida, the legal
i
description which is more particularly described in Exhibit "A1" and the location
reap which Is depicted In r)(hlbit "A2" attached hereto and made a parthereof,
needed at this time by any of the City'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 th-e Property for the Permitted -Uses, under the conditions
3
Rovooable LioetBe Agreoiment Iseued by the
City of MIA1111 to nado Heritage'rkat, luo,
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, l ut are .a mere .personal privilege to do certain acts of a temporary
character on the Property and to use the Property, subject to the terms of this Agreement, The
i 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 or extent whatsoever In
j the Property by virtue 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 k.r"nd 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
i authorized bythe Clty,
i
5. Manner of Property Use.
Licensee's use of the Property Is non-exclusive and Licensee acknowledges and agrees to
abide. by the terms' and obligations assoFf rth in the services to e provi etT,
oper.-ation;.: use areas and .maintenance and utility. obligations, provided however, the City
4
Romahfo Limon Agreenont tasuod by trio
Cft , of Miwni to Dodo Horitago Truai, Ino,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
1 t
i
agrees not to enter Into another license agreernant or other sirnilar agreement on this Property
that would interfere with Licensee's ability to operate on the Property.
i
G. occupancy and Term,
This Agreement shall cornmence on the Effective Date for a term of one (1) year with
nine (9) one year options, as set forth In thls Section, subject to renewal for a maximum period
often (10) years or until the first to occur of the following;
A. Cancellation pursuant to Paragraph 23 herein.or
R, 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, Llcenseo must be in dull 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 of this Section
shall cause an automatic waiver of the Licensee's ability -to 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 Bate
and shall thereafter continuously conduct operations in the Property In accordance with the
terms of this Agreement,
5
Revouble L,ioenso Agreomont issued by the
City of Miami to Dado iloriWge `frust, Inc,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
f
A. Monthly Use Fee,
In consideration of this Agreement, Licensee shall pay to City the following Monthly Use
Fee as set forth in Subparagraph 13 below:
a. Manner of payment,
Commencing on the Effective bate of -this Agreement, and on the first day of each
month thereafter, daring the term of the Agreement, Licensee shall pay to the City a monthly
use fee in the amount. of Flfty 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
At'tontion: Treasury Management/Receipts
444 SW end Avenue, 6t" Floor i
Miami, Florida 33130
Ia
I
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
I
'the respective Use Fee or other amounts owed, Such late fee shall constitute additional 'Fees
w .. 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 a ny remedy to which City may otherwise be entitled,
--Returned-Check-Fee. i
InIhe-evenvany- eheelt is -returned• -'to ihe4ity-as-uncoIIe,GWbIa, tho-LIceansee_shaII-.iaay'to���_.__.—_�.
City a returned chock fee ("Returned Check Fee") based on -the following schedule; I
Returned Amount Returned Check Fee
$ 00,01- $ 50-.00 $20;00
6
Revoeflble Liopwo Agrosment iauued by tho
'CJiV of Miami to lade Nodfage Trus(, Ila
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
$ 50,01 - $300,00 $30,D0
$300,01 - $300,00 $40,00
OVER $00,01 5% of -the returned amount,
The Returned Check Fee shall constitute additional fides 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 ovent, constitute a waiver of Licen-see's violations
with respect to such overdue amount nor prevent City from the pursuit of any remedy to which
City may otherwise be entitled,
1,1. Guarantee Deposit.
Simultaneously with the execution of this Agreement, the Licensee shall deposit with
City a Guarantee Deposit in the amount of Ono Hundred Dollars ($100,00) as guarantee for the
full and faithful performance by Licensee of all obligations of Licenseeunder •tl•Ils 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 retrain all or any part of the Guarantee Deposit
for the payment of (1) any fee or other sum of money which Licensee "was obligated to pay but
did not pay, (ii) any sum expended by City on i.lcensee'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 ether 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 tune or times when City has made any such application of all or
any, part of the Guarante Deposit, the licensee sl�af) de' Q'It'the~ Siam' or sums°equal to t'he
_._._—arnaunts-so-afrpiied-b"y-Glty-w"iti�'in=Lan-(q) days
A641-11,0
Provided
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 Llcensee hasvaoated the .Property In the same
7
Revocable Lioome Agreenlont issued by the
City dMiantl to 17nde IocitggeTl'usl, 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,
12. Services and Utilities,
I
A. Licensee's ResponglIbllitiase
Licensee, at its sole coot 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 12 R 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,
f
Licensee, at it,s sole cost and expense, shall provide deariing and jan-ltorial .services -and
f hire pest and termite control services forthe 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 ca orations within the Property
ir . p �
i each day, .LI'censee 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 .,
spOng UtItles.
The City shall not pay for any utilities on this Property..during the term of this
Agre=ant, The City reserves the right to interrupt, curtail or suspend the provision of any
utility service provided by it, inciud•Ing but not limited -to., heating; ventilating and air
8
Rovoagblo Lioense Agreement issued by tion
Ciity ofMhuni to Dade Hedtage Twsi, Im.
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
conditioning systems and equIPI-AWIt serving the Property, to which Licensee may be entitled
hereunder, when necessary by reason of accident or emergency, or for repairs, alterations or
Improvements 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 sup -ply 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,
19. Reporting Requirements,
Licensee shrill prepare, or cause to be prepared, the following reports and documents
identified In Paragraph sub -sections A, B and C below and sub -mit them to the Director of the
Department of Public Facilities, Asset Management Division, City of Mlam-1, 444 SW 2'd Avenue,
Bre Floor, Miami, FL 33130 by the tlrneframes Identified below and detaliod In L-)(hIbIt `13"
attached hereto and Incorporated herein by reference,
A. F111MICIDIS.
Within one hundred twenty (120) 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 audited financial statement which includes, among other things, Information on the
Licensee's business operations for the fiscal year, Including the following:
1) grants, subsidies, rebate -s, credits or sirnflar benefits received from any federal,
s
which revenues are unrestricted or are to be used for general operating
expenses;
01
RoyocnbloVowse Agmement Ismod by the,
City of Mimul to Dade, HollagoTrtiot; 11m
0
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
I'l all donations and oontributlDnS'recelved which revenues are unrestricted or are
to be used for general operating expenses;
111) revenue from services, program fees, membership dues,
Iv) revenuefrom, advertising and sponsorships conducted on, -the Property,,
v) revenue from concession sales and all other receipts whatsoever of all business
conducted in or from the Property;
vl) all revenue from sales and services generated on or from 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 staternent 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 denied, 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 heroin and for a period expiring three (3) years after the expiration of the term, as
it may be -renewed, at' its option, the Clty,may, at its sole cost and expense, audit Licensee's
business affairs, records, program -files, sales slips and sales tax records In connection with
-on), from ..or related -to the .-Property--for.-the per-lod.-covered by any -flnonclal
statement report or record furnished -to the City,
41low--the City, or auditors of the City to Inspect all or any part of the
source documents and records for the -aforesaid monthly reports, Said Inspection shall be
conducted at the sple -d1scretion. of the City: Records shall be available Monday through Friday,
10
Rovomble Llowsahgvenmwt issuod by the
City of Miami to
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 5:00 PM at the Licensee's address provided In
Paragraph 25 of this Agreement, Copies requested by -the City shall be furnished to the City at
no cost, This Agreement Is subject to the audit and Inspection rights set forth In § 18-100 to
§18.102, City Code, as It may be amended,
131 IRS Form 990 Tax Returns.
In the event Licensee cannot provide audited financial statements, as set forth In
Paragraph 13 A heraln, Licensee shall provide City with a copy of Its most recent IRS Form 9.00
Tax Re -turn 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, at its own 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 (60) days
of completing said Inspectlo-n, Licensee shall submit a remediation plan to the City, to be
approved by the City.. Manager or his/her designee, for all conditions requiring repair,
replacement or rnodification 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:
i) Cleaning and janitorial services for the city -owned Property;
11), Grounds services, Including lawn, shrub and tree maintenance and removal of
any rubbish or obstructlons from the city -owned property;
iii) I nt e rl o ran d .. extarl o r _w In d ow -c I a a n, 1 n g - to .,b a - p e i10 r.m,e d .,a s -n eed..e.d b.ut,, nod.ess
than once every one hundred and twenty (120) days;
IV) Vermin control as necessary, but no less than once every sixty (60) days;
Royomble Lloonso Agreement Intiod by tho
City of Minini to Dgdo BodhigoTmat, filo,
vl.)
VII)
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
Painting of Interior and exterior of buildings, Including -caulking cif -all window
and doorframes, painting of signs, if applicable and rw-griping of parking lot on
the licensed Property, as -necessary, but no less than every four (4) years;
Pressure clean roof as necessary, or upon written request by the City Manager;
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 frorn 'the City, City may take
i corrective measures or cause the Property to be, cleaned or repaired without waiving its right,
based up'o'n any violation of the Licensee and without releasing Licensee from any obligations
I
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. Pailure to pay such invoice as directed without the necessity
of City repairing.the Property shall constitute a violation of this Agreement,
i
I
Nothing herein shall imply that maintenance, repair and Inspections should be
performed by Licensee only at the suggested Intervals, Licensee shall, at all gimes, be
responsible 'foi- the condition of the Property and shall perform repairs .required in a timely
rnanner so as to prevent injury to person and waste to property,
-I.
24. Candi on of the Property and Maintenwice.
Licensee accepts the Property "as ho", in Its present condition arid state of repair and
without any representation or affirmation by or oil 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 Property In goad order and repair at all �tim•es and In
.�:._:_....�..-.�n.:attractiva�.�elaan,—sa�Fa--anel�-san-ii�ai-y-condl•t:'ion--and.�hall-Tsu�'�er no-was�Ce-or-ii�Jur-y_t<h�re�to,.--..-..�._._�..�,._..
Licensee shall be responsible for all interior and. exterior noir-structural repairs to the Property -
required or caused by Licensee's use of pail: thereof,
12
Rovooublo Limiso Agt'eetnunt issued by the
City of Minmi to Dnde Hodiage Tlu9t, Ilia,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
I
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 requlr�ments for Licensee's
occupancy thereof,
1. 5, Aliteratlans, 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 his/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 at the
expense ,of the Licensee, shall, unless otherwise provided by written agreement of the parties
hereto, Immediately upon their. coin p letion become the property of the city and shall refflain
and be Surrendered with the Property, In, the event of an emergency, Licen-seo may reasonably
proceed to perform 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, Mlaml-Dade County, City of Miami and any other.agency
that may havr-, jurisdiction over the Property as they presently exist and as they may be
amended hereafter.
In . the ev . ent of an emergency, Licensee shall reasonably pr666ed"to PoFfothi'�uWrap,air
work--and-s-h-all-Im. m -edi ate [.y -n otify-th e-Cl-ty-M a n
13
RovooRblo Woonse Ageemnont Issued by tho
City ormloall to DW(i NedtagoTrast, 1110,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
1.6. Violations, Liens and SeWrity Interests.
The Licensee shall not suffer or permit any -mechanics, statutory, equitable, laborers,
material person, or construction liens -to be tiled against the title to tile Property, nor against
any alteration by reason of work, labor, services or materials supplied 'to the Licensee or anyone
i having a right to possession of -the Property, Nothing in thl's Agreement shall be construed as
constituting the consent or request of the City, expressed or implied, by inference or otherwise,
to any contra ctor,'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 authorlty'to contract for or permit the rendering of
s. any services or the furnishing of any materials that would give rise to the filing of any
construction lions against the Property. If any construction or other lien shall at any time be
filed against the Property, the Licensee shall cause it to be discharged of record within fifteen
i
415) 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 riot be obligated to, discharge -the lien
either by paying the amount claimed to be due or by procuring the discharge of 'the Ilan by
depvsit' in coiAr; of bonding or otheir acceptable form of security in NEW thereof. Addi'ti'onally,
the City may compel -the prosecution of an actCon for the foreclosure of the construction ur
other lion by the lieiior and pay the amount of the Judgment, if any, ion favor of the Ilenor (with
interest, costs and alloi,,vances), with the understanding that all amounts paid by the City shall
j constitike additional payment's due and payable under this Agreerntrit and shall be repaid to
I
the city by the 'Lldensee immediately u*eon rendition of any invoice or Will by the City, . The
Licensee shall not be required to pay or discharge any mechanics, equitable, statutory, laborers.,
i
supplies, material persons or construction lien so 'long as (1) the .Licensee shall in good faith
proceed to Contest the Kien by app rc� priate proceedings, (11) the Licc'h ee shaTh�ve given notice
•
--= -:-Wwriting-tb-t- i -City of Its-f.nientien-6a=contestrihc validity
furnish and keep i'h` dfi ct a surety'bond of a responsible and substarntiai surety company
reasonably acceptab}e to' -the City or other security reasonably satisfactory to the City In an
am-D'unt'sufficient.to.p.ay one! hundrGd-ten-(110%)percent of the amount of the aontested.iien
14
Itmouble Limm, Agreeme t iusuod by the
City of Miami toDado14eritago'rrut, 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, including 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 clalms,
demands and expenses, including reasonable attorney's fees, .by reason of any claims of any
t
contractor, subcontractor, material person laborer or any other third person with whom
i
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. Llcenseb, 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 Rroperty at any time to (a.) inspect the
Property, (b) to perform any obligations of .Llcens.ee hereunder which Licensee has failed to
perform after written notice thereof to Licenses, Licensee not having cured such matter within
ten (10) days of such notice, (c) to assure Licensee's compliance with time terms and provisions
of •this Agreement and all applicable laws, ordinances•, codes, rules and regulations, (d) to show
the Property, inclusive of the Property, to prospective purchasers or tenants, and (e) 'For other
purposes as may be decnned necessary by the City Manager in the furtherance of the City's
corporate/muntclpal 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
offic"la[s empioyeeis and 6a 66ts shill n6fNe"116161e"F6r4hy'laas, `hast oi' dhr'ri ' e'ta file"Lici?tis' `�
_�,�_�.�w..._w.F;a.y...I�ea�,orti••o�f th�r-c�xerrise-,-by--Ehe_Ci'ty-o:F�th,e.-right-.of r;n,try�d.es.cribe.d...la.e,roin fiQr�.ishe_p�a.rpQ,se�._,�..___.u._.�._
Fisted 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
responsibility, obligations or-liabilityassumed under -this Agreernent.
15
Revomblo License Agi'eotnaht lssuod by tho
Coity of Mlowl to oadoHerhagoTrwgt, Trio,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
i l
i
i
IS. Inde ionification and Hold Harmless
Licensee shall indemnify, defend and hold harmless the City and its officials, employees
and agents (collectively referred to as "lIldemnitees") and each of themfrom and against all
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 of any p.er5on or
j damage to oi- destruction or loss of any property arising out of, resulting from, or in connection
with (i) ,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
i
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,
omisspon,, dafault or negligence (whether active or passive) of the indemnitees, or any of them
unless such in.jurios 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 (ii) the failure
of the Licensee to comply with any of tho paragraphs heroin or the 'Failure of the Licensee to
conform to statutes, ordinances, caries— rules, ar r� l�dr regulations or requirements of any
governmental authority, federal or state, in connection with the performance of this
i Agreement, Licensee expressly agrees to indemnify and hold harmless the indemnitees, or any
r
r of them, from and against all liabilities which may be asserted by an employee or former
employee of Llcensee, or any of Its subcontractors, as provided alcove; foi° which the Licensee's
1
ilability•to such employee or former employeo-would otherwise be ilmited to.payments under
state Workers' compensation or similar laws.
Licensee further voluntarily and knowingly acknowledges that, as lawful consideration
for being granted the right to ut(llie'aild occupy the Orop-6ity, License, ari'bel elf ff.}iirri scl`F;'h s
agent;`inviCeer an`d-ctnpioyoes =does; herebyLraleai Er-Qim a.ny legal-l.iabiliiy th.o City 1`ts
agent and employees, from'any'and all .claims fa -i" injury; doath or property damage resulting'. .
from` Licensee's use of the Property, The-Licerisee af•firrns that the granting:of this Agreement Is
16
! Revocable L loome Ag("wmant lasued by Clio
city. of Miami to )DWO Tleritago'I'i ust, Ina,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
good, sufficient and independent cons I d a ration granted by the: city forth Is I ndenin-Ification and
Hold Harmless, which shall survive the cancellation or expiration of the Agreement,
19. Insurance.
Licensee, at its sole cost, shall obtain and maintain In full force and effect at all times
throughout the period of this Agreement, the insurance a.,; set forth In Exhibit "C" attached
hereto and made a part hereof,
7.0 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, invite -es 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, va,ndallsm or theft which may leak or Tlow 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 other portions of the Property or from other
sources, Licensee indemnifies the City, its officers, agents and employee's from and against any
and all such claims even If the claims, costs, liabilities, suits, actions, damages or I C . ausos 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 fol- being granted the right
to utilize and occupy the Property,, Licensee,, on behalf of himself, his agents, Invitees 'and
does TT eg 5 _- -F T,
1el from 511ye 1ttie MW
�0. NY ease
employees, from any and all claims for Injury, death or property damage resulting from
Licensee's use of the Property.
17
Rovooablo Lioume Agveolnol)t issued by the
City of Mittail to gado J,,1erJtn9oT1uA, Inc,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
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, By 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 tic'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),
.21 Taxes end Pees
Licensee shall -pay be -fore 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 of the Property and/or against personal property of any kind, owned
by or placed in, upon or.about the Property by 1.1censee., including, but not limited to, ad
valorern taxes, fire fee,<, and parking surcharges, In the, event Licensee- appeals an Assessment,
Llcen'cee 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 seowfty
reasonably satisfactory to the city Manager or his/her designee, in an amount sufficient to Pay
one. hundred perjcent.(10Q%) of the contested Assessment with all Interest on It and Costs and
•
-expetises., Includin reasonable attorneys' fees to be incurred In connection with It,
9"
Nt Fio- UftS v —se
23. Cancellation by Reqnest �FFI erofthepavils'��'
Either paii;y may cancel this Agreement at anytime without cause by giving thlity (30)
days Wrltt.en.np�lcp toth,e,, non-.ca.n_ceI,inR paqy, prior to It.he Effective Date of the cancellation..
Rovoonble Lioonvo Agveoment lomd by tho
City o£ Miami to Dade Heritage, Trast, h1c.
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
This Is a cancellation for conved11ence clause and neither party small ihave any recourse against
the other party due to the, exercise of such cancellation provided; however, that Liconsee muse
pay Its fees due to the City under 'this Agreement through the effec'tive date of such
cancellation,
24, Termination by City Manager for Cause.
If, at the sole and complete discretion of the City Manager, Licensee in any mannor
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 (1.0) day period, this Agreement shall be automatically terminated i
r without the need for further action by the City,
I
! t
5. Notices.
All notices or other communications which may be given pursUont to this Agreement
shall be In writing and shall be deot'ned properly served if delivered by personal service or by
certifled mall'addre ;sed to City and Licensee at the address indicated herein or as the same
bray be changed from time to time, Such notice shall be deemed given on the day on which
personally served or If by certified mall, on the fifth day offer being posted or the data of victual
receipt, whichever Is earlier';
CI"T"Y OV MIAMI
LICENSEE
City of Miami
Cxecutive Director I
Office of tile City Manager
Dade Heritage Trust, Inc, ;
5500 Pan American Drive,
:190 SE 12tI, Terrace
j Miam1,_1`0S,13.S„M.1a
iii l,T- otlda, 33.13.2
City Attorney:
City of'MI=I
4441. SW 2n6 Avenue, Suite 945
19
Revoonl)Je Liozae Agreonlonl lsstted by the
City of Miami to Dade C• fe)•1lnpTrust, 1110,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCM.ENT.
Miami, Florida 331.3.0
Director
City of Miami
Department of public racilities
44.4 SW 2 Avenue, Suite 325
Miami, Ft 331.30
26. Advertising.
Licensee shall not permit any suns or advertising matter to be placed -either in the ti
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
dlscretiom licensee shall, at. its sole cost and expense, Install, provide, maintain such .sign,
decoration, advertising matter or other things as may be permitted hereunder in good
e
i condition and repair at all times, Licensee must further obtain approvals, permits, or other 4
required approvals by whatever name called from all governmental authorities having
i
i jurisdiction, and must comply with all applicable requirements sot forth in the Mlaml-Dade
i
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, j
I
advertising. matter or other thing permitted hereunder from the Property, . If any part of the
I property is in any way damaged .by.'the relniovai cif such Items, said damage shall be repaired by
Llcensee at its sale coat and expense.. Should Licensee fail to repair any damage caused to the i
Property within ten (1.0) days after receipt of written notice from City directing the required
-. I
repairs,. City shall cause the Property to be repaired, at the. sole cost and expense of Licensee,
Licensee shall pay C'i'ty the full coat of such repairs,within five (5) days of receipt of an invoice.
� indiGatirag••�ihQAcost.ofsuch,r�qulrsd.,repafrs, ,.... , . , . •
i Licensee hereby understands and.agrees that the City may, at its sole discretion, erect
or place upon -the Property an appropriate sign, plaque or historic marker indicating city's
having Issued this Agreement.
20
R.ovomblo Limen Agreement issued by the
City of mitI to Daae Horitago Trust, Inc.
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
I
,27. Hazordacus.MaternaIs,
The Licensee shall, at its sole cost and expense, at all times and In all respects comply j
i
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 hyglenc, environmental protection or the use, storage, disposal or
i
transportation of any flammable explosives, toxic substances or other hazardous, contaminated
s
or polluting materials, substances, or wastes, Including, without limitation,. any "Hazardous
Substances", 'Hazardous Wastes", "Hazardous Materials" or "Toxic Substances" (collectively
s
411-lazardous Materials"), under any such laws, ordinances or regulations. The Licensee shall, at 1
"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
I.
of Hazardous iVlaterials within, on, under or about the P.r:opei ty or rewired for the L:irensee's
use of any Hazardous Materials In or about the Property 'in conformity with, all applicable y
ldazardousMaterials Laws and prudent Industry practices regarding management of such
Hazardous Materials, Upon cancellation or revocation of this Permit, the Licensee shall, a't its
sole cost and expense, cause all Hazardous Materials, includin.9 their storage, devices, placed In
or about the Property by the Licensee or at the Licensee'sdirection, 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
i
this License,
Th'e' City r"epr seiats that; 4
- - To-�the--best-of.-It-s-knowledg.6i_th are. -ars nP_an.vleon�rrrental vlolatirens,.-wheth•e,r_u•n;d:er-__ ,
federal, state, or local laws, existing on the Property,,
To the best of its knowledge; 'there are no I-lazardous Materials presently existing on the
- Property,
RovoonbloLtoo eo AgreomeiWiesued by the
City of MItiml to Dade 1WltagoTmsl, No,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
28, Radon Gas.
Radon Is a naturally occurring radioactive gas that, when It has accumulated in a
building In sufficient quantities, may presOnthealth risks to persons who are exposed to It over
time, Levels of radon that exceed federal and state guidelines have been 'Found In buildings fri
Florida, Additional Information regarding radon and radon testing play 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 LPA level, failing which either party may cancel this
License.
29. Licenses, Authorl2ations and Permits.
Licensee shall obtain, or cause to be obtalnod, and maintain 'In full force and effect
throughout the period of this Agreement, at its sole expense, all licenses, authorizations and
permits, Including, without lirnitatlon, a City Occupational License, that are necessary for
Licensee to conduct Its commercial activities., ii
Licensee shall be responslbie -for paying the cost of said applications and obtaining said
.licenses, authorizations and permits,
30. conipil-ance with all Applicable Laws,
Licen.see . accepts this Agreement and hereby acknowledges that Licensee's strict
compliance wlfh.all 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
:and as thayjtmfr)y�.aM endecl_hereafter, Thls.Agreei-.iiqiit,,shall,.,be ..constru.e,d_and.,e' forced
according to the laws of the State.of r1orlda,,
22
Rovooablo Lionso Ageemeat issued by the
City
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
31. Ownership of improvements,
As of the EffbatIve Date and throughout the use period, all buildings and improvements
thoreon 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 Propeijy.
32, Surrender of Pvoperty.
In either event of cancellation pursuant to Paragraph 2.3 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, fixtures,
may have been mode In or attached on or to
installation, additions and Improv'e ments which -i
the Property, Upon surrender, Licensee shall promptly remove all 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 alter
receipt of written notice from City directing the required repairs, City shall cause the Property
to be repaired ,: 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, equipm-ent 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
ou
discretion and without liability, may remove and/or dispose of same as City sees fit, all -at
Licensee's sole cost and expense,
23
Rov000bla Lioonso Agvwjnoiit ifmW by tho
Cit.), of Miami to DadaHorftfigo'Trut, bm
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
33, Severa.blIlty.
It Is the express Intent of the partles that this Agreement constitutes a license and not a
Dasa. To further this Intent, -the parties agree as follows:, (1) If arty provision of this Agreement,
or the application thereof to any circumstance, suggest -that a lease, rather than a license, has
been created, 'then SLI0,11 provision -shall be Interpreted In the light most favorable to the,
creation of a license and (11) If any provision of this Agreement, or the application thereof to any
circumstance, Is determined by a court of competent jurisdiction to have created a lease rather
than a license, 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 Miami, such
provision, section, paragraph, sentence, -word or phr, ase shall be deorned modified to the extent
necessary In order to conform with such laws, or If not, modifiable, then sarne shall be deemed
severable, and in either event,._tho remaining terms and provisions of this Agreement shall
j. remain unmodified and, in full force and.effec't or limitation of Its use,
34. InvallditV.
J
In the 'event 'that any horiµmaterW provision of this Agreement shall be held -to be.
Invalid for any reason, such Invaildity s!ibll not affeci the remaining portions of, this Agreement
and the same shall remain In full force and effect.
i
No Assignment OrT als f 07 r.
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 Agreement Wood by'tho
City c)-fMinil-to Dade Hedtago Trost,bio,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
by Licensee shall result in th-e automatic termination of, this Agreement without notice by the
City Manager.
36, pt MIC Records,
Licensee understands that the public shall have access, at all reasonable times, to City
contracts, subject,to the provisions of Chapter 119, rlorlda Statutes, and agrees -to allow access
by the City and the publIcto all documents subject to disclosure under applicable law,
V. CDOIct of interest.
Licensee Is aware of -the conflict of Interest laws of the City of Miami (M-laml City Code
Chapter 2, Article V), Dade -County., Florida (Dade County Code, Section 2.11,1 pt, 5eq,) 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 covenants that, In the performance
of -this Agrament, 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 orassoclated persons, or entities must be disclosed In wrlting,to-the City.
38, Americans with Disablifty Act.
License@ shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act ("ADA") In the course of providing any work, labor or services funded by the City
applicable regulations, guidelines and standards, Additionally, Licensee shall take affirmative
steps to ensure nondiscrim Inatlan in employment of, disabled persons,
25
Rewomble Lloonse Agreenmat Issnod bytho
City of Minuil to Dada 14altago Trost, lim,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
39; Nondiscrimination.
In the performance of this Agreement or any extension thereof, Licensee and/or Its
,authorized agents shall not discriminate In 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 orientatlon, Licensee and/or Its authorised agent,,- will Insure that Its
employees are fairly treated during employment without regard to their race, national origin,
ancestry, color, sex, religion, age,, handicap, fa-milial status, marital status or sexual orlenta''tion,
Such action shall Include, but not be limited to, the following; employment-, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff ortermination, rates of pay
or other forms of compensation,.
40� Affirmatil.ve -AcRon,
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 wornen, minorities, thea disabled and veterans,
Such plain will Include I@ set -of*p'osItIv,o measures which will be taken to Insure nondiscrimination
in the work place as it relates to hiring, firing, training and promotion, In Ifeu of such a
policy/plan, Licensee shall submit: a Statement of Assurance indicating that their operation Is In
compliance with all relevant CIvI1 Rights laws and regulation,,,
41w Minority/Women Businpwo, Utilization,
Licensee shall,make ti good faith effort to purchase/contract fifteen percent '(15 %) of its
-anllk-lal- -goods - and, .:-servicas ...,requirements.. ,from. - H1spa.nJc,,- -o nen,
businesses/professionals registered/certIfled with the City Office ofMinority/Women Usiness
Affairs, Such lists will be made, available to the Licensee at the time of the. Issuance of the.
Agreement by the City and updates will be provided from time to time by the City's Office of
Minor!
--IybNomen Business Affairs.
Rovouablo Lioanse Agrement fequed by the
City of Miami to Dido Hodtage Trust, 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 an elthor party
unless In writing, approved as to form 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. Attarney(s') 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
all trial and appellate levels. The prevailing party may be awarded court costs.
44, Litigation; Vanua.
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 siuQh dispute the standards and procedures of set forth hi 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 rellef,
45. Walver of Jury Trial.
The parties hereby knowingly, Irrevocable, voluntarily and intentionally waive any right
either may have to atrial by ,jury In respect of any action, proceeding or counterclaim based on
61s- A�i6eiiie'_6f" 6r '_6JHIn'_p,""ow"'*f bf, 0-i"n"de-r, or -Irl 'Wif h'
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 w-alvor of
211
Rovocablo Llounw Agroomont Issued by tho
City ofMlaml to Dado JJ ophageTraNt, Ino,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
Jury trial provision Is a material Inducement forthe 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 a waiver of
any subsequent or other breach of the sarne or any covenant, condition or provision of this
Agreement, nor shall any failure 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 this 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 In any
manner whatsoeverother 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 perfwmance shall be -extended to the next business day
thereafter,
48. No interpretation Against Draiftomen.
The partles provision- of thls,Agregment shall be -construed against any
partICLI-lar party. and eao,,h-part;y.s.h,all-be.domed to have, drafted this Agreement,
6'xbtuted and/or delivered bythe parties, the parties each agree to perform, execute and/or
deliver or cause to be delIV01'ed any and all such further acts,
28
Rovooablo Limwe Agroomont isuvied by the
City of Mitiad to Dodo Hei,ltago Trmt, Inc,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
deeds and assurances as may be necessary to consummate the transactions contemplated
hereby,
50, 'Third Party Beneficiary,
This Agreement Is solely for -ffie benefit of the parties here -W, and no third party shall be
entitled to claim or enforce any rights hereunder,
51. NO-Vartnership,
Nothing contained -herein shall make, or be construed to make any party a principal,
agent, partner orjo'Int venture ofthe other,
Title and paragraph headings are for convenient ref-erence and are not a part of this
Agreement.
53, Authority.
rachof 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 respecflve behalf,
54. Entire Agreement,
This Instrument and Its atta0merits constitute the sole and only agreement of the
parties hereto and correctly set forth tho*rlghts, du , ties. and obligations of each 'to the other as
of Its date, Any prior agreements, promises, negotiations or, ropresetitations not expressly set
oo_;fi
29
Rovouable Wouse Agrooment lostiod by the
city oThfinnil to Dad() HofltnpTrmt, lao,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
5 n Special Provisions. ...
A, The Licensee agrees to perform any fundraising and grant writing activities In order
'to raise sufficlent funding to undertake and complete the renovatlons necessary In the future to
maintain the subject historic Property In good working order and repair,
13. Licensee shall -create a special Reserve/Maintenance Fund to set-aside $5,000 to
ensure that the interior and exterior building on 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 ofthis fund', The first such report shall be submitted on or before 12/31/11. 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 Vanoger and the Director prior to the
annual anniversary date of the Agreement, along with -a plan of action as to how Licensee
intendsto perform any Identified repairs on the Pro,P erty.,
.
THIS SECTION LErT INTENT�'ONALLY BLANK
Reno*lo Moonse Agroohiont imod by tho
City c)fMitani to Dadol-loyltagoTnwt, Im.
3.0
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
M %WNESS 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 stato of Florida
By: By:
Priscilla 110 MC Joh y Mart nez, X.
City Clerk City City
anager
A P PROVED AS Tonlll N I U �ifi I /'c E APPROVED AS TO LEGAL FORM AND
111EQUIREMENTA: 7 I - CORRECTNESS:
13y;
C1
Q
�'k—VAW4w1*
'vin F.Ills,Trelctor
partmentlof �lslc'Manafement
wri-NIESSES,
By:
Signature
4( el
Print NamY
. /gvnatur
ray�
Ala" -"f
,)aIle 0. 13'ru
City Attorney
OMUMEFII,
EVADE HERITAGE'S RU T, 114C.
By:
Sighat0re
A.
Print Name Bertram Goldsmith,
Title Author[zed Offloer"t Presi.dont
CORPORATr SEAL
1\4uqt be, Prosident tuiloss a, Corporato Resolution is prnontul different OWTOMW offlo0v to sign 91is
31
Rovomblo Lim= Ao,00motit IsRaod by the
City of Miftnit to Dade 1-1 orh go Trunt, 111o.
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
I
I �^yBP�jg� AUI'UOy T A�
e:�1&
PRO IERTY
LEGAL DESCRIPTION
1
Lot A, Block 3 Amended Plat of Hibiscus Placa, according to the Plat thereof, as located In Plat
j Beak 3, Page 310 off tho Public Records of Dade County Narida,
32
RevoonbloWwwo Agreement 18wod by the,
City of Minml to TJnde EtotlGA�e Tiuet, Tnc,
A
i
32
RevoonbloWwwo Agreement 18wod by the,
City of Minml to TJnde EtotlGA�e Tiuet, Tnc,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
ENH I BIT AZ
I.00ATION OF PROPERn'
Rovooable Lionse Agreomeat issued by tbo
City of M iaml to l7ade I-1 erilago Tnist,lilo
33
I
Rovooable Lionse Agreomeat issued by tbo
City of M iaml to l7ade I-1 erilago Tnist,lilo
33
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
Property frilbru"lation
MyHome
Wamil-Dade Counly, Flodde
7/77"//
Propedy Inforimflon Map
p"'tge I of J
Surnrnary Details.,
ASSET MANAGEMEtJ
WISION
444 SW 2 AVE STE ft,'325
MAW FL
33130-1910
Asse ssment firiformatlon:
year6-11 21-1
Vakw 0
- F— - -
00 F
'540'ur
Land $5 40, '1ro
$50,974 f)6,974
:4974 jDL96��17,4
Aerlal Pholography - 2009 0 — 112A �nlnaod Valkw $5t)6 974 $506 974
Taxable Valu s Inforniatlom
ThD amp WaG crented on 1 40011 618;39 FIM for rafcrenci'� purposse only,
Web Ske 0 2002 County, M rlglihi ravarv.A.
uJilm,
Sale InforiTiatlon:
Stflas whi" are
lion, [J16twafWad C17 a rcivult of
10/20/2011
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
i 1
REPORTING REQUIREMENTS
' E CSF �:MR1
Au.ditcd Financial Statement
or Form 990
Preventative Maintenance Report
Reserve/Maintenance fund Report
Revocable Lim= Agmemant lssued by the
City of Miami to Dacle T•Teritage Trust, ixio,
�r ARV
No tater than 120 days after end of fiscal year
Anniversary Date of Agreement
By December 31 annually
344
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
EXHISIT C
INSURANCE-REQUIREIVENTS
I. Commercial General Uablifty (PHmary & Non Cantrlbutoq)
Ii n .1t, �0W9. k Lit Y,
Bodily Injury and Property Damage Liability
Each Occurrence $3,,000,000
General Aggregate Limit $2,000,000
Products./Completed Operations, 1,000,000
Personal and Advertising Injury $1,000,00
Endorsements Required
City of Miami Included as an addltlonM Insured
Contingent 1-Ity (Independent Contractors Coverage)
Contractual Liability
Waiver Of Subrogation
Promises & Operaflons Llablilty
llw guslness*'Automoblle Llablility
k IrnkAWR ut
—
Bodily Injury and Property Damage Liability
Combined Single Limit
Any AU�6/0wned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Arty. Qlo`ftold.ent $-1,000,000
Endorse nnp*nts Required
GIGy of Mla.m- I In6luded as an Addltlanal insured
kavocabio Vow" Agreement Wgued by the
City Offtint III(%
M
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
ini. �Worker's'Cam-pensatlon
i im is 0f B�iabii
Statutory -State of .Florida
Waiver of Subrogation
IV, Empluyer't5 Liability
gmtts .$u�' �.i0MA Y
$1.00,000 for bodily injury caused by an accident, each accident,
$100,00 for bodily Injury caused by disease, each employee
$500,000 -for beadily Injury caused by disease, policy III -nit
V.., Property Coverage
Dade Heritage Trust shall maintain "All Risk" special form coverage -for Real and Business
I?.arscarral.:Prap,er y ccavorq .e.insuririg. gpins•t..all. risk of.direct •physical.Ioss,or dan7pp, .in.cluding
coverage for theft, windstorm, hail, and flood, as applicable and insuring 100% replacement on
the building and Licensee Is Improvernents, including all its equipment, fixtures, furniture and all
other porsonal 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. Th -e property cartificate
roust show full 100% replacement °ccas•t-basis valuation with a maximum deductible of $5� 000 as
to all other perils, and 5% on windstorm, hail. 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 wi l•tten notice of cancellation or
mat;e.rial change from -the insurer riot lass than (SO) 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 t1le Issuance of 0 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
quall'�i�aFlc,ns, sha{I""lssiae alfinsur'ance noi'i'cies "r'i~gCair"d°dTabovc:'
�"� ^"�•'I �e�crari7'�aaTi7y�mus•�Vbe'ra�edno ass �thdii"�„ as �c maiiag�men�and na�"less than "Class V":a�.�.—•__.�...... ...
to i=inancial Strength, by the latest edition of Bests Insurance Guide, published by &M. 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
Rmonblo Lloonse Agroomont issued by the
City of Miami to Dade Horitage Trust, Tuo,
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
I
DEPARTMENT OF RISK MANAGEMENT
INSURANCEISAFETY APPROVAL. FORM
ame Description
01_qa Zamora Dade Harita
eTrust
Department Tracking Date:
P0110 Facilites 1/17/2012
Review Finalmalal
status Ratings Strength REQUIRSIVIENTSi
Commercial General Liability
0,N.A
Hired and Nonned Autos
CKA
Workers Comp.
[.eater In File
mind PoIlGy
Citizen
Building
6loycis of London
Business Personal Property
C, N',A*
Flood
FidiolIty Insurance Com .tly
D CS Liability
Great American
r � � _
crl= Coverage
7-7
Pollution: 7
A
XV
A
XV
A
XV
'A
XV
A
Xv
nsu n .required,
ra ce U!7R uIred,
Ity of Miami Is famed P�dq V ,yLed
lie City Is providing insuranoe
DCity of Miami Is Loss Payee
rhayfr , ant Park Named Additlonal Insured
122
A!Pk�,IROV L STATU
AllpRovrw Not, Approved
ElCoverage is Insufflaient —:IAType of Coverage Is Missing L
Pro 0060Z
Property and Casualty ManagerElNot A Rated Company Other
:
ElThe City N
�07'Named Additional Insured
-JUcense Agreernent between the Ofty of Waml and Dade HarlitageTrust, for.f.he tape ,af.
approximately 1467 square feet of City owned property -locatod at 190 SE42'rprraca,
Risk Q'02 111712012 2:38 PM
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
OP 11f Al
ERTIFICATE DATP, (MMIDDI"YY)
COF UABILITY INSURANCE
THI'S CERTIPICATE IS IGSU�0 0 A MATTER •Or INrORMATION ONLY AND C' ;ON55M8, NO RIGHTS UPON THE CERTIFICATE HOLOMR, THIS
CWNFICATE DOIES NOT AFFIRMATIVELY OR NE GATIV51-Y AM15NDi MiXTEND OR AvrER TIir,. COVNRA.013 A17PORDED r Y THE POLICIES
13MLOW, THIS CERTIFICATE OF: INSURANCE DDES, NOT GONSTITUTE A 00NMOT J3E:'rW5r2N'TIq5 18SUINO INSURER(S), AUTHORIZED
REPKESUNTATIVE OR'PRODUCER, AND THE OMNTIFIOATP- HOI-05R, —U—OQXrI0N
IMPORTANT: If tho certificate holder is an ADDITIOWA-1 "14841J—R&�'ih'a
polloy(luv) most be ondorsed, If 3BRIS WAIVED, sw*utto
the germs and conditions of the policy, cortaln pD11oles may requiro an 0TWOr-90MOnt
A statement on this Deftifluate does nOttohfOr rights to the
cortIfloato holder In flou Di'Duchq
4. 0, R�N
op'6 0 TV
S 0
I . fr
PRODuarR 908444-2324
IAW Vp (ApY
MDW Insurainco Group [no
362 Minorca Ave 3OU-444-4080
-1 A
RR161
IS
A b1l
Coral Cables, FL 33134
Norbsyt Flemandex
DADF-H-1
$ 2,000,000
OOVURAGE A
lNsurrpo gado Horboo Trust, Inc,
IN811"RAICNA
INSURERB i
190 SE 12th Terrace
Du 01
AUTOMMI)LE'LIAOILITY
X
Miami, FL 33131
NIA
08/16111
00MBINrD 8 INGLh LIMIT
1,000,000
BODILY INJURY (Porporvon)
THIS IS To OERTlPY THAT THE POL1011-:8 Or INSURANCF 1,18TEDBELoW HAVE grEN 188Z UED TO THETN75TR) NAR6 —Ai3cvr:, F77v—ir. P—oucy PERIOD
INDICATED, NOTWITHSTANDING ANY RLQUIREMENT, TERM OR -CONDITION OF ANY CONTRAOTOIZ OTHER DDCLIM5NT WITH RESM-OTTO WHICH TI -118
CERTIFICATE, MAY BE- 18SUFF0 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THF POLIOMs DB90RIBP-:n* HEREIN IS SUBJECT TO ALL THE TERMS,
FXCI,U8ION,9ANI) OCINDITION9 OF SHOWN MAYbIAV413r-,LiN RCVUOr-D V PAID CLAIMS,
vI SR TYPR OF INDUWOrz qx Nummm
8 P Imm/a. yyj LIMIT$
a,
A
OrWOLLIABILITY
X COMMKPOIALWNEMLIAHILITY
OLAIMO-MAD5 QrGuR
ox,
X
4029205179
011116111
09118112
PA01-1 Q00URRVW
1 Hal 000
4. 0, R�N
op'6 0 TV
S 0
I . fr
1000P0
IAW Vp (ApY
PER,".NAU & AQV INJURY
00
'.(LFNr L��Qft GATE
$ 2,000,000
GrNtA0011801ATal-IMITAPPI-IF-9
1' 'OL10Y F-1 P'AR4 1:1
PER:
6O� r
A
A
AUTOMMI)LE'LIAOILITY
X
ANY AUTO
ALL OWNED ALTOS
601-IrrAI4ftDAUTOD
lqlkWD AUT08
NON-OWNIZ() AUTOS
U0111:11,ALIAII 000UR.
aXG W -S LJAV
NIA
08/16111
00MBINrD 8 INGLh LIMIT
1,000,000
BODILY INJURY (Porporvon)
BQbILY INJURY (Pop aboldomt)
PROPERTY DAM10B
EACH O00URRIzNO2
AGGREGATC
00NIPANSMION
AND I5MK0YRR5'IJA0IWTY YIN
ANY PR OPRrT0R/PARTNGwI1xt='IvE
DFFICNR E'WRPX0LIJQ�r)7
Mandatdiv.lo NH)
N Of OPERATIONS OoloW
Propel 0011
ISP0010111% wind
E,4. DEEGABC EA EMr'LQYOh
E,L,0.I8rAGE-FQIj0YL1MF.,
L
�14 010710N W 01,8RA'nONt / 40OA71ONS I WHIWIG (Afto)i ACOW 101. Addflonal RomarIM tlohqOolo, If mord sPilm In MQIIII'ad)
lub-GI�Aa, Sr~1'vlre o1' Social
814OUILD ANY 01' THP- AaOVE ORSORIVED POL10149 8E CANOEI.LD 13VORP
City of Mla)nl THE EXPIRATION DATE THEREOF, NOTICE WILT. 51F Dr.I.IVERM) IN
1410 Mrinagemont DIvIolon. ACCORDANCE WITIA THR POLICY PROVISION8.
444 SW 2nd Av(-nur-,9th'F1oor
mhuml, Ft. 33130
-t-ioo'
0 1088,2009 A00RD CORPORATION. All righto roomod.
AM,RD 26 (200W08) Tho AOORD nano and logo am rogigtQrod marks of AGORD
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
DADEH-i
NOTEPAD wsummumm Dude Heritago Trust, Inc. OP 10; AL
1- 65,10- �aro 'gi 0t1g%1rfVj46,t 90024!11 Co tl
,. 15 v
0 T
r
Rsdd,M-2.0, D,CT .6 q,Q
Wind-Czons PrIn
g
Bull 98.190,2' Rp #11 $04668 9116111 to 9116112
eat A
,perloark 180, #EPP4029456 8/17/11 to all 7112
Ion -1,0
Ex
mr
CZends of Lgridon yNNBD1 4,2401,0 8/17/1 q to 8/17112
'IQIX
1 9,278, pet, , Ind ood- "500
N.-
OAML 2'
n�ATp OVII 1112
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
VIJ IV At.,
467"N'04 CE%1'r yYyy) RTIFICATE OF LIABILITY NN SU immiml
THIS CERTIFICATE M ISSUED AS A MATTER OF INFORMATION 014LY AND OONFORS NO RIGHTS UPON THE CERTIFICATE HOLDER, THM
CERTIFICATE DOES NDT APPIRMATV01LY OR NEGATIVELY AMEND, tXTVN0 OR ALTER THE COVERAOr. ArFORMFO My THIN POLICIES
BELOW. THIS mnmcaia or wavRANcr PoES NOT CONSTITUTE A CONTRACT BUTWEEN THs [$SUING INSURER(S), AUTHOR17-ED
RVR8SCNTATIVM OR PRODUGFIR, AND THIE OORTINGATE HO(.r)ER,
IMP6RTANTI` If the cartifloato holdor Is an A00ITIONAL IN8URED, the pollay(lo rnvat be endorsed, If SUBROGATIQN IS to
tha torms and 0013ditI011S of 00 P0110y, ourWIn pollolas may recloire an ondorsumOat, A statement an th)s cattillanto d00S not confer rlohts to the
aprtif onto holidgr In Ilqu ofsuch ondarsomenVs.
3015-444 232 PRODIMUR "ET
rADW InsWance GrOLIP InO
3o2 Mlnor(a Avo 306-44-44080
Carat Qmfilas ` FL 33134
Norbert Fernandez
INSURM Dade Harltage Trust, Inc.
190 $1. 12th Torraw
Miami, FL 33131
^emlmmArl-ma em" rimnwrp NUMkfI»IY 111MV101ml vivivimpiv
—TJ�JI$ 18—TO CERTIFY -TH ICIEF IN,9LJRANQE LISTED BrLOW HAVE BEEN ISOI)LD TO TI -IS INSURLD NAMED VE VOR THE POLICY PERIOD
AT THE POLS O
INDIOAXI~D, NOTWITHSTANDING ANY REQUIREMLNr, TERM OR 00NDITION OF ANY CONTRACT OR 01T)FIR DOCUMENT WITH RESPE6T TO WHI014THIS
CERTIFICATE MAY SE I6SUnCt OR MAY PERTAIN, THE INSURAN09 ArPORDED V THC POLICIES DEOORIBFID HEREIN IS SUBJEOTTO ALL THE TERMS,
EXOLUMON8 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE DF -r -N RLDLJOED V PAID 41.AIM8,
/ApwL
I R
POI.JqY NUM13�,R
11-MNU 0
005A
- '% w"
21
--
ONNORAL UAWL17Y
COMMERCIAL GOWM LIAIMUTYnANiAAW
CLAIIAG-MADC 0 DUOUR
113A011 OOCURRENOr
L'--' -'a, t L9
-MFD EXP AnLom 2qraol)�
$
PCR0QNVV—Ukt—
I
OF L� _AQQRrOAW
-L—
OrK AOGREONN LIMIT APPLE -8 PER:
L00
AUTOMONIO LIAM1,3TY
ANY AUTO
All 7W Hep ALJTO9
661111MULR6 ALIVE
NON-QWNFIJAUT08
PR0pU_qra-0qMhI0_PAQG
$
COMMNEO �INGLr LIMIT
130DILY INJURY (Par porsm)
BODILY INJURY (Por auddwit)
0
PROP RTY DAMAGE
(Por
4
00RUL1H
ETTVII LIA9
NIA
0 011
171,12
�00 Ullmt�om—
AGGRLOW11
WORKPR$ OOMPONSA110"
ANK) RIVIIII-0YER5'LIABILITY Y/ N
ANY IPARTNFRIEAFOUTIVE
OFFI UXOI.UDHD?
((MAIL to
If u so 11't dW
IR IT P rM71go�wQw
peopolly
Spocial/kol X Wind
VG8 A Off,
UIL, LAjUjr�IDENT
$
V,L, D1,911AW POI 10Y LIOIT
1 1 iliding log
—=08
Club -Civic Sorvlae or Social
$HOULD ANY OF THE AROVS DE,90RImIED POL101119 Or CiCIPQR14
71-121 EXPIRATION DATE THI�RIIZUV, NOT1011 WILL BN DEQVIMI) IN
City of
LOSS PAYEE A000ROANGE WITH THR POLICY PROVISIONB.
Mlaml
11191c Mnnngomont DIvIttloo
444 SW 2nd. Avenuo, 00i Floor AUTHORIM) REPRUSrINTAVa
11116MI, �V- A/a� —
L�— (c) 4 0a&2009 ACORD CORPORATION, All i,lcjl)ts worved.
A00110 29 (2000100) Tho AOORD name arm logo aro coulstomd madw of ACORD
2011.2012 OFFICERS
PRESIDENT
Bertram "Chico." Goldsmith
VICE PRCSWI` T
Jorge Hernandez
TREASURER
Walter Alvarez
SECRETARY
Francena Foch
AT LARGE
Ann Marie Clyatt
Enid C, Pinkney
TRUSTERS
Brian Alonso
Marola Anderson
Hilarlo Candela
Matthew Greer
Linda Collins Wertz
Dwight Dull
Megan Kelly
Lisa Mackle
Judy Pruitt
Lois Randall
Violette Sproul
Venny Torre
Olga Vlelra
Iwillan Walby
Don Worth
ADVISORS
Gay 13ondurant
Gary Heid
Adolfo Henriques
Ruth Jacobs
Sallye Jude
Benny Lambeth
Nancy Liebman
Dolly Maolntyro
Bruce Matheson
Thomas J, Matkov
Willlarn Murphy
-George Neary
Leslie Pantin
Arva Moore Parks
Elizabeth Mater-Zyberk
Jeanette Poole
Noah Schaefer
Don Slesnlck II
Herb Sosa
Ellen Ugucoionl
Mary Young
CEO
Booky Roper Maticov
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
HERITAGE-
TRUST
rr
DAD E p
'H �.". il'b.I TAG E -
T RUST
ranuary 11, 2012
City. of Miami
Risk Maaagw ent Dept
Attn: Property & C asu&y Coordiiaating
444 SW 2'�" Avenue, V' Floor
Miami, PL 33130
According to our Revocable Licenso Agreemont, Dade Bei.:itage Trust is
exempt from the obligations to carry worker's ownpcnsation insurwlco-
cluo to the fact that wo havo fewer than -four eroploycos,
Yours truly,
Becky doper Matkov, CEQ
190 1S.F.,-1211" Terrace, Miami,FL 33131 ^ Phone (306) 358-9672 f Fax (306) 358-1162
E-mail: InfoOdadeheritagetrust,org • www,dedeheritag.atrust.org
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
y "idollty Natlana► IrrdwrinIty Insurranoo Uomporly i FFL 99.001 0311
P'0' t3.ax 33003
st, Peterstaur0, r L "33753.8003 307590.5
1 •oon,ao:zz
9/19/ 11
90FIDELITY 2DOO 11523 FLD RGLR
NATIONAL. 1014MNITY IN6ut:ANC9 COMPANY� ��� � , � T1 ON �y P,pIIC'y Type
0��ssaE
Addrooe may have been ohanged In noeordanoe with USPS sttmdurdt
190 SE 12TH TER,MIAMI FL 33131
Date of Issue.9/19/11
1 yr(S
9/20/11, 101am070195.8
General
Property
Form
09 1150748449 00
0��ssaE
Addrooe may have been ohanged In noeordanoe with USPS sttmdurdt
190 SE 12TH TER,MIAMI FL 33131
cram, 9/20./11 'roI 9/20/12' 1?;01 am StandardTlmo
1 yr(S
9/20/11, 101am070195.8
Community Namo: MIAMI, CITY
(305
=444-2324
Agent (305) 4442324
MDW INSURANCE GROUP INC DADE iERITAGR TRUST INC
362 MINORCA AVE 190 SLS 12TH TER
CORAL GABLES FL 33134--4304 MIAMI FZ, 33131-3204
Ineumd Loon tlon (M'othar than above)
Addrooe may have been ohanged In noeordanoe with USPS sttmdurdt
190 SE 12TH TER,MIAMI FL 33131
t ON;
Community Namo: MIAMI, CITY
OF
Grandfathored: No
Community Y/.: 120650
Building Description; Non -Residential
Map• Panel/Suffix: 0314 L
Condo Type:. N/A'
# of Floors.: One Floor
Community Rating: 07 / 15%
Basern,en't/Enclosure: Crawlspace,
Program Status: Regular
Adjacent Grade-. .O
Rating Flood zone:, AE
Elevation DIPE: N/A
Loa Description.:
'ation
Contents Lacation: Lowest. Floor Only
Above Ground Level
BUILDING $200,000
$11000
$1,751.:00
CONTENTS $36:,500
$1,000
$591400
PROBATION SURCIIARGE:'
$.00
ANNUAL SUBTOTAL:
$'2,342.00
DEDUCTIBL9 MARGE,
$118.00
ICCPREMIUM:
$70..•00
DEAD{' h/101I GAGEk
COMMUNITY DISCOUNT:
$380.00
The (deform Act of '1994 requires you to notify
the WYO oompan,q for this polioy within 60 days
of any changes In the servicer of thls loan, TOTAL WRITTEN PIt %IUM: $2,150.00
Tito above message applies only when there is FEDERAL POLICY SERVICE FEE: $40,00,
a mortgagee on'the inaurod location,
TOTAL PREMIUM., 32,190.00
Premium Paid bv: I'ngarod
This polloy oovero only one building, ifyou'havo more than 011.6 bullding on your property, please make sure they are all ooverod, •Se>e III, Property
Covered within your Flood policy for the NFIP definition of "building" or oontaot your stent, broker, or insurance oompany, Coverage Limitations
may apply. Please refer to your flood insucanoe Polh0y for details,
FYLG99.100 0503 0503 FVL 99.310 0
Copy Sent To: As indicated on baok or
0707 YFL- 99.116 1,005 1005
This policy Is issued by
Fidelity National Indemnity Insurance Co
additional pages, if any.
ra w
0000E 02464 •;
Tnattwmel
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
I ,
t Fidelity Natloriai indernnitylnsurra.noa orampony I, TL 99, 31,0' 0709 0707
P.0. Box a3003
St: Petersburg, FL M733.8003 3075905
Y
1.400.320.3242 9/19/11
'tdATlk)NN:I'ptu N( 113 Rl>�.A�,,L II A
Fidelity National Financial, Inc, Group of Companies
Privacy Statement
09 11507+8449 00 9/20/1.1
2000 11523 FLD AUX Revised.. March 15, 2006
This Privaoy Statement explains ow privacy practices, including how we use yotu• iron-publio personal
` information (`Personal Information"), and to whom it is disclosed, We may amend flus Privacy
Statement from time to thno, consistent with applicable privacy laws,
Each affiliated company of the Fidelity National Financial,. Lie, Group follows the privacy practices
desoribed in this Privacy Statoment, Depending on the busfiioss they perforin, tlxese affiliates may also
s share information as des'aribed below,
We may collect Personal Inforknation about you from the following sources;
• Information we rood) e 4oin you on app'licatio'ns or other forms we rocoivo from you or your
a.uffiorized representative, such as your name, address, social security number, tax identification
number, asset information and income Information,
• Information about your transactions with us or the sorvicos beim performed by, us, our affiliates or
others, such .as iraforniation concerning yotir policy, premiums,, payment history, information about
...Your home or other real property, information. from lenders and other third parties invoive'd in such a,
transaction, account balances, crodit:oard numbers and payment histories;
. Inforinat on we rooeiva from you through our internet web sites, such as your neuro, address, email
address, Internet Protocol address, the web site .links you used to, got to our sito(s) and the pages
viewed while at our dto'(s); and
a- hxforrnation we receive from 'eonstamor or other reporting agencies,
i Protection of the Confidentiality and Security of Four Personal Information
We maintaiia physical, electronic acrd 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
i legitimate, business .pturl)oses
Silaa► ing of Personal Info z matron.
. We do not. disclose Personal Infoiniation about our customers or former .customers to anyone, excopt as
--•pe.rmittea by. law. We do not share information we cotleot from consumer or credit reportiag 'agencies
with our. affilatos orothers without your consent Lurless stitch disclosure is otherwise permitted by law,
Consistent with applicable law, we may 'novortholoss provide all or gomo of the Personal Infornr.ation
dowribed above '(excluding information wo receive from consumer or .other credit reporting agoacies) to
tho followhig individuals, and companies;
�. .T.o :btu-afliliates, .suolt as insurance companies, agents and other real estate service providers 'to.
I pravido you with services you have requested or as otherwiso permitted under applicable law;
4 to insurance agents, - "brolt eis ropresoiatkives, support organizations cr. others;
ar. to;, tla ,ox enL, necossaiy pro you with sort' cos yeti 11a.vo requested, sa long as the :above
i.
oMitlosr and l'iorsons agfob. not to`£iirtlier disclose y ur Personal Information except to the extent
necessary iu cairy out tLte requested service on Sroru behalf;
to enable us to detect or prevent 'oriminal activity, fraud, material a a iisropresontatioit or
nondl'sclo8uro in oonnootioa with an insurance tTansaction; and
in connection with performing aninsuranco transaction for you;
13 7 0 19 5 8 0 9 1150748{'49` 1,R62014 C!'fJM 02H64
TiY4-,A
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
t 1, YFL 99,116 1005 1005
3075.90,5
9/19/11
09 115074844-9 00
2000 115.23 FLD RGLR
IMPORTANT WORMATION A13OUT THE
NATIONAL FLOOD INSURANCE PROGRAM
9/20/11
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 oi-Ay.,�t general overview of .the coverage afforded
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,
This -information will include a Claims Landbook, .a history of flood losses that have occurred
on your property, as contained in FNMA's data base, and an aelmowledgement letter,,
If you Have any questions about your flood insurance policy, please contact your agent`t, or
insurance .company,
ON,
41
T4, ,.. a
THIS DOCUMENT IS, A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
ix� of q«�r►p City
City
3500 Pan Amen ,nDrive
ltyy"' Miami, FL 33133
�"tttt//// RWwW,lnianligOV,00M
,INM.N tBgtl�Y fl gipey
'I1�YI �y 'rext 'Report
Film 0 11-00'796 'type: Resolution Status: NOW
Enactment o: R-11-03.94 Enactment Onto: 10/13/11
Version; 1 Introdueedr 8/23/11 Controlling Body: Office 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
SUBS'I'ANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF 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. THIS 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 FIFTY DOLLARS ($50), PLUS
STATE OF FLORIDA USE TAX (IF APPLICABLE), WITH ADDITIONAL TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT,
WHEREAS, tho City of Miami ("City") owns certain real property iocatod at 190 Southeast 12'I'orrace, Miami, Florida,
also known as the Dr,. Jackson House and Surgery (!'Proporty"), originally the doctor's office and surgical faoility of Miami
pioneer Dr, James M, Jaokson, and is both .listed in the National Rogistor.as a historic landmark and designated as a Histovlc
Ros iwce/Site by the City; and
WIIEREAS, the Dado Heritage Trust, Inc,'s ("Li66nsoe9) organizational purpose is to prornoto historlo proservatlon
within the City and throughout Miami-Dado County; and
WffBREAS, Lloonseo has expressed its latcrost.in utilizing.the.Propofty to •further its organizational purpose; and
WHEREAS, the City and the Licensee desire to enter Into a nevocablo License Agreomont ("Agreement") for the
1,1censee's use of the Property; r..
NOW, T1113REFORE,-13I1 IT.RESOLV.ED BYTHE COMMISSION OF THE CITY -OF MIAM1,13LORIDA;
a.
Section 1, The recitals and findings contained in the Proamble to this Rosoltttion are adopted by reference and
Incorporated as if fully sot forth in this Section,
Section 2, Thb C1ty Manager is authorized {1 } to execute a1r Ageeeinarrt, iu. subsiantlally the attached' form, betweotr ' 4
the City and theLlcemoo, for the use of approximately 1,d57.9auate.feet of the, City. -owned Property, for the purpose of
providing space for I.jleepsev's hit, tlt6L toon§eo to pay'a mathly use fee to
the Clty of fifty Dollars (9150), plus State of Florlda Ilse Tax (if applicable), with additional'torms and conditions as "lore
particularly sot forth in said Agreomont, . -..... .
CRY of Mlninr PASO 1 Prluted oil 1012011611
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
90060113. This Rosolution shall bwonio offbotivo immodiatoly upon its adoption find signaturo of the Muym {2�
City oCMinini 1'n0o 2 Prhitotl on 10120/2011
FIMSIDENr
Bertram "CRoo" Goldselth,
VICE PlIESIMT
Jorge Hernatidez
MASURCR
Walter Alvarez
CalrGena SEC"TARY
XoDh
AT LAR09
Ann Made Clyatt
Enid C� Pwoley
TRUSTEMS
Drian Alonso
Linda Collins Hertz
Mogan Kelly
Lisa Wolde
Judy Pruitt
Lois Randall
Violette sprout
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCIVIENT.
Dade Heritage Trust Board Resolution
Be it resolved, that the Board of Trastees of Dade Heritage Trust voted on Wednesday,,
November 1,G, 2011 to authorize Board President �3ertram T, Goldsmith, Jr, to sign on
behalf of Dade Heritage Trust the revocable License Agreement between the City of
Miami and Dade Horitage Trust-, Inc. for the use by Dade Horitago Trust of the bistotio-
Dr. Jamos J'cxokson Offloo and Clinic, 190 SE 12'1' Torraco, Miami, FL. 33131,
Venny �Vorro Signed:
olp V101ra
Lilian W41by
Don Worth�_.,...�. _r.
ADVISORS Rebecca 9, Matkov, C20
gray Bondorant
--.04ty 401d. -
Adolfo Henriqueg
Ruth hwobs
sall�o Jude
Nancy Llebmlaa l3erfram. J,, Goldsmith, Jr',.-Prosident
'Th6mg Y, Matkov
George Noaly
AM, Moore Parks
Mizaboth Plator-Zyboik
joanott'o
- *- h
Sala q.for
Kerb S-osa
Ellen'08wolwi
Mary Young
C. W)
Becky Ro I) or Matkov
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
CITYOF MIAMI
OFFICE OF THE CITY ATTORNEY
ORNEY
MEMORANDUM
j TO; Olga Zaiaaora, Senior Project Representative
i Public Facilities COM
I
FROM: Rafael Suarez -Rivas, Assistant City Attorney
DATE; January 19, 2012
RE; Dade Heritage Trust - Revocable Liecase
Matter ID No.; 10-3488
i
. Enclosed please find the captioned agreemeat which has beexa approved by the City
Attorn-ey as to foxin and correctness,. 'Onoe this agrealaent has been fully executed please farward
a copy of the fully executed agreeiaaent to our office so that we naay close our file,
If you have further questions, please feel :Free to contact axle at 305-416.1900.
Enclosure(s)
WIRN 1i2.D+ TURNMIG THIS CONTRACT
TO THIS OFF' ICE FOR FURTHER
REVI VIENV, PLEASE xD + NTIV Y AS
0-1488
Doc, No.: 300148
THIS DOCUMENT IS A SUBSTITUTION TO THE ORIGINAL.
BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOUCMENT.
CITY OF m ik
DOCUMENT ROUTING FORM
ORICIMATING DEPARTMENT; Public Facilities (Asset Management Division)
DEP7CONTACT PERSON; Olga M, Zamora EXT, 1476
NAM OF OTHER CONTRACTUAL PARTY/ENTITY: Dade Heritage Trust ("Llcensiee")
i5,ri-11S AGREEMENT ASA RESULT. OF A com PETITIVE,PROCUREM ENT PROCESS? []-YES 0 NO
TOTAL CONTRACT AMOUNT,. $ NLA FUNDING INVOLVED?[] YES Z NO
TYPEWAGREEMENT;
MANAGEMENT AGREEMENT PUBLIC WORI(S AGREEMENT
PROFESSIONAL SERVICES AGREEMENT MAINTENANCE AGREEMENT
ftANTAeREEMENT F
1 INTER -LOCAL AGREEMENT
NPERT CONSULTANT AGREEMENT LEASE AGREEMENT LQ
(J
LICENSE AGREEMENT []PURCHASE OR SALE AGREEMENT 4,41
OTHER: (PLEASE SPECIFY):
PURPOSE OF ITEM (BRIEF SUMMARY): The Miami City 'Commission authorized the City Manager to execute a Revocable
Ll,cenk Agreement ("Agreement") between the City of Mlaml and the Ut;ensee for the use of approximately 1,457 square
Boat Of City -owned property located, at 190 SE 22 Terrace for the purpose of providing space for Licensee's operation with
termsand conditions as more particularly set forth In said Agreement,
COMMISSION APPROVAL DATE; 9.0/1;3/x1. FILE Ip: -11-007.96 ENACTMENT 0384
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
TING' 4
Date
Signature/PrInt
APPROVAL BY bEPARTMENTAL DIRECTOR
zk;ik
SUBMITTED TO IRISI< MANAGEMENT
dq
N11
6 /� !
"��-
SUBMITTED TO CITY, WOR�ya�
IVITrERo4as
�'�
�
APPROVAL BY CHIEF
RECEIVED BY CITY MANAGER
SUBMITTED TO AND ATTESTM BY CITY CLERIC
tA1e
ale
4a
JO, CITY COPY'TO CITY.
ONE ORIGINAL RR, ONE
ATTO'IRNWS OFFICE, REMAINING ORIGINAL(S.) TO
DEPAIRTM,EN.'r.
P11ASF AWACH,rws ROUTING FORM TO-ALL-DOCUIVI ENTS
THAT REQUIRE
EXECUTION BY THE CITY MANAGER
SUBSTITUTED
REVOCABLE. UCENSE AGREEMENT
ISSUED BY THE
CRY OF MAN
TO
FOR TIT OCCUPANZ.3ACKSOWS
E PROP -C-R '_�OCAT DAT------__-
1905E,17-"TER
a�..�__.—_—._...__ .....— _..._�:..�
190 5 ,17-" o MIAN1 e F&���6� DA
AICA D OFFICE.
SUBSTITUTED
1
TABLE OF CONTENTS
iJ,.
Recitals,1111;,,,,..1,1,1.11Y1r.,,,11,..,.,..,1,.,,.ait'11,11.,...11.,..,111x,1.11.,11.11.,,1...,.1.11.1,..11.1,1..,111„111,.1.,1, .,
2,
eFfnitiansY Y,.,..,.1.,.,1.1..1,...,..,.,a,rr...............1.111,.1..,1.r11.1.1.1„1,1.....r........................
Definitions,”"
2
' 3.
Purpose ...................................... ..11,.1,,,111,11,,.1.1.1,.11.x1„1111..,.....1....,.,11...,,,1,.,,,.1.,.,,1,
3
4.
interest Conferred By This Agreement ...... 1....... ...1111r.,111,.............. ,.1.1,,1.,x1111 .......... ..............�
5.
Manner of Property Use— ...r .Y.....................1,.........11..,...1.„1.'...1..,1.1..1....111...1.1 ....,1,,,.1.1...14
6.
Occupancy and'i'erm................ i............................... ,1............ ,.................. ,.. .........1,11.........5
7,
Continuous Duty toOaerate....1,.,.11,rr,....r............1..,.,.r.....r.................i....... ..........,,.,,.........r5
8.
Use -Fee ............. ......111..11.1....1,1..........................................1..........1,.,1..... ................ .............. 6
1
9.
Late Fees ...................................... 11,1,1..,.,..1.,.............. 1 ......... 4 .......... ........Ih............I,r.i.,r.,..16
j1.0,
Returned Check Fe�e1..111,....... 1..i....Y..r.,....,..1.......... 11 ........................11.1.............. ............ 1..,6
11,
Guarantee Deposit .................. 11 ................ IAr i... 1.... .1111.1. ......... .1111fr111.1111r.....Y1 .. 1.11 ..11'1111
71 I
r12,
Services and Utilities„1,11.1illy.1..................... ..............1............1....1..........................A.........8
13,
Reporting Requirements.i...................1..11.....1..1..1.............1.......1....,..........1.,'1..,.1,.....,......1.,.,9
1
i14,
Condition of the Property and Malntenance...... 1 ............ ....1......11.1........1.,1.,...,.11........1111112
15,
Alterations, Addl-dons or Replacements ......................... ................ 1.....................................
13
16,
Violations, Liens and Security interests.................1...........1....,.......1..............................14
17.
City Access to Facility. l.1.. .....1...1x1.1.1, .... ........................ 1.1.1 . .......,1..1.......1....115
uloid Harm less,.111...,r,....,.
.18,
Indemnification and ....1........1.....1......,.... 1....1.1..1 ..................1.16
19,
Insurance..................................................... .............-................1..1.......................1.1,,....1.1.,17
20.
No Liability ...Y,.........1,. ............... l............1,,1,111r,,.,..,...,,1,r,,,,..1111r11.,.•..,..........1.1.1.111.,,1,,,.....117
.21.
Safety...................................111.....1.1......11 r,„1.1,...11,,..,..,11,..1111.11,,,.,..L.1,.r..,,,.1.,,x1„
18
22.
Taxes -and Fees ....................................... i.............. .................................................. ,.........
18
23,
Cancellation by Request of Either o” he Parties without Cause .............. ....................1......,18
2241
Termination by City Manager for ause...................1.....1...,..'1.,..........,......1...........,............,19
25,
Notices ................1................r.......I1.....,....i,1.,.Y.1.A......1.1................................................. x...
19
26,
Advertising .........................1.....r1...1.1............................ .................... ............. 1....................
20
27,
Hazardous Materials....... 11.1111.1.1.....,.11.x.1.1.11.11.11111,1.1,1.,.1 ... 1.11 ... ,,1111..11,................. 1x11.1111121
28.
Radon Gas
......11.1......1.1...1....1111.1.,1.1.1111..1.11 ....,..1.111..1,...1,1...,. 1 .1 .11........1.,.,111,......1.22
29,
Licenses, Authoriz.atl s and Permlts...l.,,,..1.. xl 1.1.1111,11,1.,,.111,,.,,11111,1.,,.,1,11..,..,,1..1....1.1..1,
22
30,
Compliance with a Applicable Laws .1 .1,,,,,,,,,,,,,,,,1,,.,.1.,,1.,,1.,,111,. rr 11.1.1„1•, 1., 11111.11 11,1,111.1111111
22
31,
Ownersh'Ip of I rovements..............1x1.1.........,.1..........1..1...................1...1..x..1...1..1.1,1.11.11.123
32.
5urrenderof opnrty......................... ..............1,..111...............1.1.1.....1.................................23
33,
Severabiiit .....................r1..111......,.1....................................................
24
1A 1....1 •i 111.....x1.1i.1e11.1.1111x..1.'..11x..1.11,1.11.i1..1111x1�.11'ii.11i�i!'r'.l..rrr.'1'rYliv',i 1'YYr illlll'W^�
35,
No As nmentarTransfer........................................ ...... ,1........ ;............... ...... •........ .1..,11,11,24
3.6—p.u.b...,.I-ecof°d
- 1...,. .. 11111 r�.... 1. 11. .....11.1..1'11.111. 1r.1....Ir.. 1..11....1111.. r.i17TT��7TTiTf ITl'1'r l'ITiTiTiTf i'1"�/4'
h/S
371
C flict of Interest— ....................... ,............ 1.......................................................................
.25
38,
merlcans with DIsabIIIty Act ...... ....... ...................................... ,.111...................... ,........1. .......
25
3
Nondiseriminatlon.l.........1,.1...,.1....,.1....1....1111....................1.............',1.....1.1.1.1...1,,.1....,....1...26
•0,
Affirmative Action, 11..1.,..11„111.1,1,..1...,......1,.x,1,,.,,,1,..1.,1..,11.,...1............... ... ............... 1 ...... 1,126
z
Rovoosblo Ldoegse,A,grooment lseued by 1:110
City oftutlzl to Mido lloNtoge Trust,1310,
SUBSTITUTED
41. Minority/Women Business UtIkation............................:............. ,,,,,,,,.,.,,,2G
42, Amendments and Modi ications............... ........
43. Attorney(s') Fees................................................................................ 7
44., Litigation; Venue ,,,,,,,,,,,,,,,,,,,,,,,...... 111127
4.5, WalverofJury Triah.,........................ 27
46, Waiver........................................................................................ ......,.....,.......,..,....28
47, Time of-Essence..................................................................... ..,..........,28
48, No lnterpretatlon Against Draftsmen,, ....... .......................... ..................... „,......,.....28
49, Further Acts....................................................................................................... ........,,,....,...,..28
50, Third Party Beneficiary....................................................................... .............. ,.... ,., .,,29
51, No Partnership, ................. .............,.,..,...,.,...,29
52, Headings .................................. ...,..,.,.,.,.,.,..,...,..,.29
.53. Authority . ........... .......6............................................................................... ..... ..,........ .,,,..29
54, Entire .Agreement. ..............,...,........,,,......................................,,......,...,......,...,..,.....,,,,..29
55, Special Provisions ...................... ............................ ............... 30
EXHISI"I' Al .................... ............... ................... I ... ...,..,.......... .. .,,,...,...,;......,......,.32
EXHIBIT A2... . .............................33
EXHIBITB ...................................... ........,...................34
EXHIBITC.— .............................................................
as
Rov000blo Lioonse Agreement ibsuect by the
City of Micuni to Dodo Meriwgo Trust, Iiia.
SUBSTITUTED
U` OCARIE LICIENSE AGREEMENT
This Revocable License Agreement ("Agreement") is made thi1-6—da f
band between j.he Cliy a M1ami a municipaf
the state of Florida ("City") and (wade Heritage Trust, Inc, ("Licensee"), a non-prn
Incorporated under the laws of the State of Florida,
RECITALS
WHEREAS, the City and licensee ("the Parties") desire. nd intend to enter into a
Revocable License Agreement for the use of Cityowned p perty located at '1,90 5F 12"
Terrace, Miami, Florida ("Property"), also known as pr. Jacl n's Offfice;.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 t national register as a historic landmark;
a n.d
WHRFAS, the property Is designated s a Historic Resource/ Site by the City of MIam9;
and
WHEREAS, the Licensee's o
within the City of Miami and the w
WHEREAS, Licensee hat xpP
uses; and
,/Izational purpose is to promote historic preservation
r Miami -Dade County community; and
ssed Its Interest In utliizing this City -owned property for Its
/AS,s Revocable License Agreement is not assignable or otherwise
transferable;
Agreement Is revocable -at -will by -the City Manager and without the
consent andAgreement does not transfer an interest in real property including any
lease id interest in real property owned bythe City; and
WHEREAS, this Agreement does not confer a right to use any real property for any
general purposes; and
Rewooble License Agreement issued by tho
City of Miami try bado I•Ierltago TnW, No.
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-x.89 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 elude 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
recital's; and
NOW THEREFORE, in consideration of the mutual c enants set forth herein, the parties
hereby agree as follows;
1.. Recitals,
PA
The foregoing recitals are hereby in rporated and made a pari; of this Agreement,
Ddinl'6:l'or sb
A.
anager" is t City Manager 'for the City of Miami, Whenever the term
they" Is use in this Agreement without further elaboration for purposes of
eeme the term shall be construed to refer to the "City Manager".
r hall mean the Director of the Department of public Facilities for the
rami,
Cve Date" shall mean the date that this .Agreement, isfully executed by the
In -the event the Effective Date does not fall on the first day of the
the Effective Date .shall be adjusted to be the first day of the following
D. "Hazardous Material Daws" means all applicable requirements of federal, state
and local environmental, public health and safety laws, regulations, orders,
21
Rovoonblo UDoan A.geoomout lssaod by tho
City of Miflmt to Dado Iloeitago Tnl8t, luo,
SUBSTITUTED
permits, licenses, approvals, ordinances and directives, Including but not limited
to, all applicable requirements of; the Clean Air Act;, the Ciean Water Act; t
Resource Conservation and Recovery Act, as amended by the Hazardous nd
Solid Waste Amendments of 1981; the Safe Drinking Water t; the
Comprehensive Environmental Response, Compensation and Llab 'y Act, as
amended by the Superfund Amendments and Ilea uthorizatlon of 1936; the
j Occupational Health and Safety Act; the Toxic Substance -Control Act; th.e
! Pollutant discharge Prevention and Control Act; t Water Resources
Restoration acid 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' Use's" ,hail mean the use m he subject 'City -owned property
4
i primarily and principally as the principal eadquarters -for the Licensee's historic
I
preservation activities', and secondar as a display museum for historic artifacts
and/or memorabilia relating to t Dr. Jackson office, historic Miami, or Miami-
DadeCounty, and for no other urposes without the prior written consent of the
City Manager which may a withheld or conditioned at the discretion of the
Manager,
F. "Property" shall i an the City owned real property and improvements
consisting appr mately of 1,457 adjusted square feet of building space on a
6,000 squat oat {cat located at 194 5E 1t" Terrace, Miami, Florida, the legal
i
descripti which is more particularly described In Exhibit "A1" and the location
map {'ch Is depicted In rxhlbit "A2" attached hereto and made a part hereof,
pu.rp9te, .. . .
��--�--T e_Gfty-lr-`Ghe-ow.net-of':the-Pr-aperty—=l=he-Clay-has-deGnr-min@d�that thc�f?raper-l�yti,s-nat-_......w.,_--_-...._
nee d at this time by any of the City'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 th-e Property for the Permitted -Uses, under the conditions
3
Rovooable MoetBe Agreoiment Iseued by the
City of MIA1111 to nado Heritage'rkat, luo,
SUBSTITUTED
hercinafter 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 hl 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 tempoy 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, l ut are .a mere .personal pri i ege 'to do certain acts of a temporary
character on the Property and to use the Property ub)ect to the terms of this Agreement, The
City retains d'om.inion, 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 leasehol interest or estate of any kind or extent whatsoever In
the Property by virtue 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 ldnd or
extent whatsoever in the Pr erty by virtue of any expenditure of funds by the Licensee for
Improvements, construct) i, repairs, partitions, or alterations to the Property which may be
authorized bythe City
5, Manner/ Property Use.
Lic spe's use of the Property Is non-exclusive and Licensee acknowledges and agrees to
I/Se
abl the t�errnsand obligations as se�lfOrth in the services to e . i°ovi�CetT, ii�annar of
Op :.tion;.: use areas and .maintenance and utility. obligations, provided however, the City
4
Romabro Limon Agileemont rssuod by tho
CA , of Miami to Dodo Hodtago Two(, Ino,
SUBSTITUTED
t t
agrees not to enter Into another license agreerrrant or other similar agreement on this Property
•than would interfere with Licensee's ability to operate on the Property.
i
G. Occupancy and Term,
j This Agreement shall cornm'ence on the Effective Rate for a term of one year with
i nine (9) one year options, as set •Forth in thls Section, subject to renewal for a ximum period
often (10) years or until the first to occur of the following;
A. Cancellation pursuant to Paragraph 23 herein.or
I
R,o Termination with Cause subject to the notice provisio of paragraph 24, herein;
r
i or,
C. Abandonment of the Property by Licensee:, ° dissolution or merger of the
I
Licensee.;
To be eligible to be considered for renewal, Llc see must be In dull compliance with all
terms and conditions of •chis Agreement and ca of have been late in the payment of its
r
monthly use fee on three (3) or more occasions icenme 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
i
provided in Paragraph §25 "Notices", F ure to comply with any requirement of this Section
shall cause an automatic waiver of th censee's abiilty-to request any such renewal, which will
be considered .conclusively waive,
. Continuous Duty perate,
Except where c Property Is rendered unusable by reason of 'fire or other casualty,
Licensee shall at , times during this Agreement, occupy the property upon •the Effective Bate
and shall ether fter continuously conduct operations in the Property In accordance with the
terms o�f th Agreement,
5
Revouble L,ioenso Agroomonl issued by the
City of Miami to Dado iloriWge `frust, Inc,
SUBSTITUTED
f
A. Monthly Use Fee,
In consideration of this Agreement, Licensee shall pay to City the following Monti Use
Fee as set forth in Subparagraph 13 below:
a. Manner of payment,
Commencing on 'the Effective bate of 'this Agreement, and on t e first day of each
month thereafter, during the tem of the Agreement, Licensee shall p to the City a monthly
use fee in the amount. of Flfty 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
At'tontion: Treasury Manager nt/Receipts
444 SW 2nd AV Floor i
Miami, Florid 5130
a
9. Late Fees.
in the event any Use Fee paym:e 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
I
'the respective Use Fee or other ^ ounts owed, Such late fee shall constitute additional 'Pees
w .. due and payable to City by ensee 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 a ny remedy to w ch City may otherwise be entitled,
ed-Ohe.ck-Fee. i
the-evenvany-eheelt is -returned. -'to the4ity-as-uncolIocOla, iha laiceaasa.e_sha11 iaay'to�� _.__.—_�.
City returned chock fee ("Returned Check Fee") based on -the following schedule; I
Returned Amount Returned Check Fee
00,01 - $ 50-100 $20;00
6
Revoeflble Liopwo Agrosment iauued by tho
'CJily of lvziun�l to lade IlaPltnge Tri? V, T.a�o; 1
$ 50,01 - $300.00
$300,0, - $300,00
OVER $00,01
SUBSTITUTED
$30, 00
$40, 00
5% of the returned amount,
The Returned Check Fee shall constitute additional fides du/abo
o City by
Licensee, upon the date of payment of the delinquent payment referceptance
of Returned Check Fees by City shall, in no ovent, constitute a waivviolations
with respect to such overdue amountnor prevent City from the pursto which
City may otherwise be entitled,
1,1. Guarantee Deposit.
Simultaneously with the execution of this Agree nt, the Licensee shall deposit with
City a Guarantee Deposit in the amount of Ono i-iundr Dollars ($100,00) as guarantee for the
Mull and faithful performance by Licensee of all oblltions of Licensee' under tiils 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 retrain all or any part of the Guarantee Deposit
for the payment of (1) any fee or oth sum of money which Licensee "was obligated to pay but
i did not pay, (ii) any sum expo ded by City on L.Icensee'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 A atlon, The use, application or retention of the Guarantee Deposit or
any portion thereof b City shall not prevent City from exercising any ether right or remedy
provided for under is Agreement or at law and shall not limit any recovery to which City may
be entitled oth wise, At any tirne or times when City has made any such application of all or
any part of ie Guarantee Deposit, the Licensee sl�af) depos1t the sum or sums Pqual to the
Provided Licensee .is not In violation of this Agreement, the Guarantee Deposit or
b ante thereof, as the case may be, shall be returned to'Licensee upon the termination of this
Agreement or upon any later date after which Llcensee hasvaoated the .Property In the same
7
Rovn able Liooncie Agreenlont issued by tho
City dMinntl to 17nde IocitggeTl'usl, Ino,
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
relieved of liability with respect to the Guarantee Deposit, Licensee shall be
entitled to receive any interest on the Guarantee Deposit,
12. Services and Ut;iftles,
A. Licensee's Respongibllitlose
Licensee, at Its sole coot 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 install on of any lines and equipment
necessary, except those utilities specifically set forth i Subparagraph 12 R below to be
provided by City, Licensee, at its sole cost, shall insta , as applicable., all utilities required for I't,s
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 annex responsible for payment of Licensee's
responsibilities as they are set forth in this reement.
Licensee, at it;s sole cost and ex nse, shall provide deariing and jan-itorial services -and
hire pest and termite control sorvirr, forthe 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 ovlde 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 propr rate doors, locked at the close of caperations within the property
each day, .License shall be responsible to take prudent preventive maintenance measures to
safeguard the operty from storms and other "Acts of Cod "as that term is defined by Florida
law .
W. r_..._. ci.ty!S-Responsibilit,iesu
The City shall not pay for any utilities on this Property,.during the term of this
,rearnant, The City reserves the right to interrupt, curtail or suspend the provision of any
utility service provided by it, Includ•Ing but not limited -to., heating; ventilating and air
8
Rovoagble Uoense Agreement issued by tbo
CKV ofMhuni to Dade Hedtage Twsi, Im.
SUBSTITUTED
conditioning systems and eqUIPI-AWIt serving the Property, to which Licensee may be entitled
hereunder, when necessary by reason of accident or emergency, or for repairs, alterations
Improvements in the Judgment of City desirable or necessary to be made or due to dIfflcu 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 Ilable for any failure of the utilit companies or
y
b
e
e
made
reasonable
d
r
0 ' '
le
t
r
P'
dueu
r
w
s
e
0 e ""'t
no e 00 a ' alterations
d
r
fo
u
en
C
ab
'y
I
n
/osecucodh
pr It easo
of �lj e ut� 11 it companies pan Jes or
governmental authorities to sup -ply utility service to Licensee or for any 1i Itation of supply
resulting from governmental orders or directives, Licensee shall not Im any damages by
s utility
reason of the City's or other Individual's Interruption, curtailment suspension of a utility
g
f
service, nor shall the Revocable License or any of Licensee's obli � dons hereunder be affected
f
or reduced thereby,
19. Reporting Requirements,
Licensee shrill prepare, or cause to be pre . red, the following reports and documents
identified In Paragraph sub -sections A, B and C Zelowand sub -mit them to the Director of the
Department of Public Facilities, Asset Mann ment Division, City of Miami, 444 SW 2'8 Avenue,
n
Mrd
Floor, Miami, FL 33130 by the tirn , amen Identified below and detaliod In L-)(h,IbIt .'B"
,f
attached hereto and Incorporated her n by reference,
A. FillailcWS.
WithiWithin one hundr twenty (120) days after the end of its fiscal year, Licensee shall
n
0 n e huncir
deliver or cause to be livered to -the City of Miami's Director, Department of Public Facilities,
s,
an audited /financ'statement which includes, among other things, Information on the
si 5 operations
1(
Licen-see's busi ss operations for the fiscal year, Including the following:
a. ra 'Sj Subs
sidles, rebate -s, credits or sirnflar benefits received from any federal,
, 16,
1) grants, Subs j
s
which revenues are unrestricted or are to be used for general operating
expenses;
01
RoyocnblolJowse Agmement Ismod by the,
City of Mimul to Dade, HollagoTrtiot; 11m
0
SUBSTITUTED
I'l
all donations and oontribUtlDnS'receIved which revenues are unrestricted or are
to be used for general operating expenses;
111)
revenue from services, program fees, membership dues,
lv)
revenue from, advertising and sponsorships conducted on, -the Property
v)
revenue from concession sales and all other receipts whatsoever . all business
conducted in or from the Property;
vl)
all revenue from sales and services generated on or from 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 fundralsf events, held on the Property;
Such audited financial staternent 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 ement 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 unreasoi ly denied, Said CPA shall -attest that such statement is
prepared in accordance with erally accepted accounting, principles and practices and
represents -the results of aper ions for the period Indicated therein,
Notwithstanding t above and during the effective term Agree of this ment described in
Paragraph. 6 heroin an or a period expiring three (3) years after the expiration of the term, as
it may be -renewed at' its option, the Clty,may, at its sole cost and expense, audit Licensee's
business affairs ecords, program -files, sales slips and sales tax records In connection with
kicersee'8---g 9 -on), from ..or related -to the .-Property--for-the -per-lod-covered by any-flnonclal
s'tatem•ee , report or record furnished -to the Citv.
_:Llpen.�ee,,ghall allow -thy City, or auditors of the City to Inspect all or any part of the
s rco documents and records for the -aforesaid monthly reports, Said Inspection shall be
C
r panducted at the sole -discretion of the,Oty: Records shall be available Monday through Friday,
-a u . Ct( ..
10
Rovomble LlowsaAgenmot)t issuod by the
City of Miami to Ino,
SUBSTITUTED
Inclusive, between the hours of 8:00- AM and 5:00 PM at the Licensee's address provided In
Paragraph 25 of this Agreement, Copies requested by -the City shall be furnished to the City
no cost, This Agreement Is subject to the audit and Inspection rights set forth In § 18-1 to
§18.102, City Code, as It may be amended,
131 IRS Form 990 Tax Returns.
In the event Licensee cannot provide audited financial sta/ternen as, set forth In
Paragraph 13 A heraln, Licensee shall provide City with a copy of Its mo recent IRS Form 900
Tax Re -turn no later than three months -after the end of Its fiscal
C. Preventive Maintenance Report,
No later than August 31 of each year, Licensee, its own cost and expense, shall
cause a certified and qualified inspector -to porfor physical Inspection of the Property,
Including all structural, mechanical and electric components as part of a preventive
maintenance program and shall submit an Instion report to the City of any deteriorating
conditions found at the Property ("Prevent! Maintenance Report"), Within sixty (60) days
of completing said Inspectlo-n, Licensee all submit a remediation plan to the City, to be
approved by the City.. Manager or s./her designee, for all conditions requiring repair,
replacement or rnodification as tad 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:
i) Cleaning d janitorial services for the city -owned Property;
11), Groun services, Including lawn, shrub and tree maintenance and removal of
an rubbish or obstructlons from the city -owned property;
IH) t e rl o ran d .. exitarl o r -.w In d ow -c I a a n, 1 n g . to .,b a - p e r.fo r.m,e d .,a s n eed..e.d b.ut,, nod.ess
than once every one hundred andtwenty(120) days;
Vermin control as necessary, but no less than once every sixty (60) days;
Royomble Uounso Agreement Intiod by tho
City of Minini to Dgdo BofltngoTmat, filo,
SUBSTITUTED
V) Painting of Interior and exterior of buildings, Including -caulking of -all window
and doorframes, painting of signs, if applicable and rw-griping of parking lot
the licensed Property, as -necessary, but no less than ovary four (4) years;
vl.) Pressure clean roof as necessary, or upon written request by the City nager;
vii) Replace roof as necessary or upon written request by the City Man er;
if Licensee refuses, neglects or fails to pr/ne
above services does not provide
adequate services within thirty (30) days after wemand �frorn e City, City may take
corrective measures or cause the Propertyto be. or repaire Ithout waiving its right,
based up'o'n any vlolatian of the Licensee and witeasing censoe from 'any obligations
hereunder. Licensee shall pay City as additionalts e full cost of such. work within
thirty (30) days of Licensee's 'receipt from the Cinvoice Indicating the cost of such
corrective measures or clean-up. Pallureto pay sice as directed without the necessity
of City repairing.the Property shall constitute a vff this Agreement,
Nothing herein shall im/sges.ted
intenance, repair and Inspections should be
performed by Licensee only at intervals. Licensee shall, at all gimes, be
responsible for the condition of and shall eel^farm repairs .required In a.timeiy
rnanner so as to prevent injury towaste to property, !
24. Candi on of the PrAerty and Maintenance. .
Licensee acce the Property "as iN", in Its present condition arid state of repair and
without any repro ntation or affirmation by or oil behalf of City, and agrees that City shall,
under no circ stances, be liable for any latent, patent. or other defects in. the Property,
,. 1
Licensee, a , is sole cost, shall maintain the }property in good order and repair a't all Mmes and ih
...�n..dtGr ativaclean,—sa�Fa--arid-san-it�a�-y-condl•C'ion--and-shall--sui'�er no--was�Ce-ar-ii�Jur-y_t<h�re�to,.--..-..�._._�..�•._..
Lice ee shall e responsible for all Interior and. exterior noir-structural repairs to the Property-
I,r quired orcaused by Licensee's use of pail: thereof,
Rovooublo Limiso Agt'eetnunt issued by the
City of Minml to Dnde Hodiage Tlu9t, Ilia,
12
SUBSTITUTED
Licensee agrees to make all changes necessary to the Property at: 1.1censee's sole cost
and expense In order to comply with all city, county and state code requlr�ments for License
occupancy thereof,
1. 5, Allteratlons, 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 authorl . -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 co of services being provided
by the City. If the City Manager or his/her designee appro s such request, no repair or
r'
r
h
y
e
0
his/her
r
t tn
n
,�j
0
h
t
reason
a
c
a
cosa'
o
Licensee
Manage
r° n n
IT 0
h
f
0
a
r
services
I
rv'
r
t
Ice
designee,
n a pro su
designee e
if! P V s the of re�u s s'
alteration shall be commenced until plans and specific ons therefore shall have been
e
submitted to and approved by the city Manager or his/he designee,
and Irl 8 necessary
The. Licensee shall be solely responsible for ap , ling 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 at the
expense ,of the Licensee, shall, unless o, erwIse provided by written agreement of the parties
hereto, Immediately upon their.coi , etion become the property of the City and shall remain
and be Surrendered with the Pro rty, In, the event of an emergency, Licen-se -0. may reasonably
proceed to perform 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 Sta of Florida, Mlaml-Dade County, City of Miami and any other.agency
that may havr-, jui- diction over the Property as they presently exist and as they may be
amended er.
I* . /6 event of an emergency, Licensee shall reasonably pr666ed"to PoFfoM'�uWro-pli
- I m -edi ate [.y -n otify-th e-Cl-ty-M a n
13
RovooRblo Woonse Ageemnont Issued by tho
City Ormloall to DW(i NedtagoTrast, 1110,
SUBSTITUTED
1.6. Violations, Liens and SeWrity Interests.
The Licensee shall not suffer or permit any -mechanics, s'ta'tutory, equitable, labore
material person, or construction liens -to be tiled against the title to tile Property, nor a Inst
any alteration by reason of work, labor, services or materials supplied 'to the Licensee anyone
i having a right to possession of -the Property, Nothing in thl's Agreement shall be nstrued as
constituting the consent or request of the City, expressed or implied, by infere. e or otherwise,
1 to any contra ctor,'subcontractor., laborer or material person For the perfo ance of ally labor
or the furnishing of any materials for any specific alteration, or repair o' or to the Property nor
as giving the licensee the right, power or authorlty'to contract for r permit the rendering of
s. any services or the furnishing of any materials that would ve rise to the filing of any
construction [Ions against the Property. If any construction r other lien shall at any time be
filed against the Property, the Licensee shall cause it to i discharged of record within 'fifteen
i
415) days after the date the licensee acquires knowle e of its filing, If the 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 riot be obligated to, discharge the lien
either by paying the amount claimed to b due or by procuring, the discharge of the lien by
depvsit' in coiArt of bonding or other ac ptab'le form of security in lieu ti c.re�of. Addlti'onally,
the City may compel the prosecuti of an action for the foreclosure of the construction ur
dtIher lien by the lieiior and pay e amourit of the Judgment, if any, ion favor of the Ilenor (with
interest, costs gird a I I ON'tiv anc ; with the understanding that all amounts paid by the City shall
constitike additional pay ent's due and payable under this Agreement and shall be repaid to
I
the city by the 'Llden e immediat'*dly u*pon rendition of any invoice or Will by the City, . The
Licensee Miall note required toy or discharge any mechanics, equitable, statutory, laborers.,
I
supplies, mal, al persons or construction lien so 'long as (1) the .Licensee shall in good faith
proceed `to oribest the Kien' by appropriate proceedings, (il) the Licensee shall'Pi�ve given nodes
rc� ,
--= - in v;�riti -t'ahc City of Its-f.niention-Ira=contest the validity-ofWthe
t
fur and keep i'h`fict a surety °bond of a responsible and stabstantiai surety company
asonably acceptab}e to -the City or other security reasonably satisfactory to the City In an
om-ouit'su`Fficient.to.p.ay onelhundrGd-ten-(:10%)-percent of the amount of the contested lien
14
Itmouble Liomse Agreement iusuod by the
City of Miami toDado14eritago'rrut, Ino,
SUBSTITUTED
claim with all interest on it and costs and expenses, including reasonable attorneys' fees, to be
Incurred In connection therewith, Licensee further agrees to hold the Clty, its official
employees, and agents harmless from, and to Indemnify the City against, any and all cl rts,
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. Llcens ", 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 anges key'locks as approved by the
Director, Licensee., at Its sole cost and expense, mus Iso provide to City a copy or copies of i
said keys., if more than one copy is required,
The City shall have access to and entry
Property, (b) to perform any obligations
/to the Property at any time to (a.) Inspect the
cens.ee hereunder which Licensee has failed to
perform after written notice thereof �to censee, Licea7see not having cured such matter within
ton (10) days of such notice, (c.) to a .,ure Licensee's compliance with the terms and provisions
of this Agreement and all applica e laws, ordinances•, codes, rules and regulations, (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/muntclpal is 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
Z
presen Lives or employees present during the time of •any such enitry, The City, Its
e oyes and6a66ts shill ra6fNe"lial]1'e"For4hy lass,`cast..a�f th�r-�ove. The making of periodic Inspection or the failure to do .so shall not operate to
upon City any liability of any kind whatsoever nor relieve. the Licensee of any
bility; eilgatiens or•iiabiiity assumed under-thls•Agreernent.
15
Revomble License Agreotaant lssuod by tho
C,lty of Mlowf to oadoHefltagoTrwgt, Trio,
SUBSTITUTED
i f
i
IS. Indeivi nification and Hold Harmless
Licensee shall Indemnify, defend and hold harmless the City and its officials, cillo gees
and agents (collectively referred to as "[nclemnitees") and each of them from and alnst all h
h
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
f
damageo or destruction tdesttion or loss of any property arising out of, resulting fr 7, or in connection
f 1
with (i) the performance or non-performance of the :services contemp ted by this Agreement
which is or ps alleged to be directly or Indirectly caused, in wh e. or in part, by any act,
omission, default or negligence (whether active or passive) of LI nsee or its employees, agents 1
i
l
or subcontractors (collectively referred to as "licensee"), gardiess of whether it is, or Is
alleged to be, caused in whole or part '(whether joint, c current or contributing) by any act,
omisspon,, d.e,fault or negligence (whether active or p sive) of the indemnitees, or any of them
unless such in.jurles or damages are ultimately pr ven to be the result of grossly negligent or
willful acts or ornisspans on the part of -the Cit its officials and/or employee ; or (ii) the failure
of the Licensee to comply with any of the aragraphs heroin or the Failure of the Licensee to
conform to statutes, ordinances, cod.. , rules, or o ger regulations or requirements of any
governmental authority, federal state, in connection with the performance of this
i Agreement, Licensee expressly roes to indemnify and hold harmless the indemnitees, or any
I
r of them, from and against I liabilities which may be asserted by an employee or former
employee of Licensee, or ny of Its subcontractors,.as provided alcove; for which the Licensee's
1
liability to such empl ee ar° former employeo-would otherwise be limited to.payments under
state Workers' Co pensatlon or slmilar lows.
Livens further voluntarily and knowingly acknowledges that, as lawful consideration
.
for being l7ted thE rfgl7t to ut(lize aid ocauny the Oroperty, Licensee, ari'belalfff.}iirri scl`F;'h s
` agents ` nviCeer an`d-c t1�pir�yees =does; hereby' olea Er-Qim .ny legal-l.iatiliiy th.o City„ -1`r officers,
ag. s 'end employees, from any and all .clams fa-i� injury; doath or property damage resulting'.
om` Licensee's use of the Property, The -Licensee affirms that the granting:of this Agreement Is
16
! Rovocable L lool%o Ag(u- want lasued by Clio
city. of Miami to JDado Tleritago'I'i ust, Ina,
SUBSTITUTED
� t
i
good, sufficient and independent cons Idaration granted by the: City forth Is Indemnification and
i
i
Hold Harmless, which shall survive the cancellation or expiration of •the Agreement,
i
I
19. Insurance.
I
Licensee,, at its sola cost, shall obtain and maintain in full Force and ef�fec• �t all times
throughout the period of this Agreement, the insurance as set forth In Evhir "C" attached
hereto and made a part hereof,
M No Liability.
In no event shall *the City be liable or responsible for 7jury, loss or damage to the
property, improvements, fixtures and/or equipment beton 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 ., without limitation, fire, flood, steam,
electricity, gas, wager, rain, va•ndallsm 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 onditloning or lighting fixtures of the Property, of
from hurricane or any act of God or ny act of negligence of any user of the facill•ties or
occupants of the Property or any p °son whomsoever whether such damage or injury results
from conditions arising upon th roperty or upon other portions of the Property or from other
i sources, Licensee indemnifi the City, its officers, agents and employees from and against any
I
and all such claims ever f the claims, costs, liabilities, suits, actions, damages or Icausos of
action arise ,from t negligence or alleged negligence of the Clay, Including any of its
employees, agent or officials,
Licensa . further acknowledges that as lawful consideration fol being granted the right
to utilize d occupy the Property, Licensee, on behalf of himself, his agei its, Invitees 'and
_ _ ...._ .,.__ _
j employ F , does her'eay re ease Trorn any fegaf-iT5511 y t_ie City, lYs Tical°s, ag e s and_ ....._.
em yeas, from any and all claims for injury, death or property damage resulting from
I ensee's use o•fthe Property.
17
Rovoonblo Lioume Agreotnot)t issued by the
City of Minim to Ando TierlingoTMA, Inc,
SUBSTITUTED
21, Safety. I
Licensee will allow City inspectors, agents or representatives the ability to moral r Its
compliance with safety Precautions as required by federal, state or local laws, rules, r , ulations
and ordinances, By performing these Inspections the City, its agents, or represent Ives are not
assuming any liability by virtue of these, laws, rules, regulations -and ordinanc. , Licensee shall
or
- "' local
r
a'
0" o represent
0
w
'P "
,es'^
rules,
nr
've
''a 11 d o rd! n a Licen.
Ives from t occurrence,
l �l t p roce
notice
�e 6t the
I
_I 00 to 0
'd
have tic rocourse 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 Fee%
Licensee shall -pay be -fore any fine, pen y,, assessment or other governmental
Imposition or, levy, interest or costs Is added for anpayrnentl any and all charges, fees, taxes, 4
Impositions, or assessments levied agair the Property (collectively Assessments), Its
proportionate share of use of the Prcipertand/or against personal property of any kind, owned
by or placed in, upon or.about the roperty by 1.1censee., including, but not limited to, ad
valorern taxes, fire fee<, and parkh . surcharges, In the event Licensee appeals an Assessment,
Llcen'cee shall Immediately no ythe City Manager of its Intention to appeal said Assessment
J 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. hundred pe . ent,(IOQ%) of the contested Assessment with all Interest on It and Costs and
-expetises., In din reasonable attorneys' fees to be incurred In connection with It,
9"
23. Cancellation by Request oEither of the Parties witiIout
Either par 1;y may cancel this Agreement at anytime without cause by giving thlity (30)
C Cella 10
days Wrltte,
.en.nq�lcp toth,, non-.ca0.ceI,inR party, pr�lo,rto 't.he Effective Date of the . an t n
Rovoonble Lioonvo Agveoment lomd by tho
City o£ Miami to Dade Heritage, Trast, h1c.
SUBSTITUTED
j I
This Is a cancellation for convenience clause and neither party shall Dave any recourse against
the other party due to the exercise of such cancellation provided; however, that Liconsee mi
pay Its fees due to the City under this Agreement through the effec'tive date of uch
cancellation,
24, Termination by City Manager for Cause.
If, at 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 ithln which -to cease such
violation or correct such deficiencies, and upon failure of Licen e to do so after such written
notice within said ten (10) day period, this Agreement r all be automatically terminated
without the need for further action by the City,
5. Notices.
All notices or other/do
ons filch ,may be given pursuant to this Agreement
shall be In writing and shalperly served if delivered by personal service or by
certifled rnail'addre;ssed tonsee at the address indicated herein or as the same
bray be changed from timeh notice shall be deemed given on the day on which
personally served or If by cen the fifth day after being posted sir the data ref victual
receipt, whichever Is earlier,
CI"T"Y OV MIAMI
LICENSEE
City of Miami
Cxecutive Director
Office ofthe City anager
Dade Heritage Trust, Inc,
5500 Pan Amer an Drive,
:190 SE 12th Terrace
i Ularrr4,..F1L.3S 53„M.1ami,T-
otlda,33.1;3.2
Cit Attorney
y of'MI=I
�I.44 SW 2n6 Avenue, Suite 945
19
Revoonl)Je Liozae Agreenlonl lssOod by the
city of Miami to Dade C• fe)•1lnpTrust, 1110,
SUBSTITUTED
Miami, Florida 331.3.0
Director
City of Miami
Department of public racilities
44.4 SW 2 Avenue, Suite 325
Miami, Ft 331.30
26. Advertising.
Licensee shall not permit any suns or advertising matter be placed -either in the
Interior or upon the exterior of the Property without having firs btained the approval ofthe
Director or his/her designee, which approval maybe with'hel or any or no reason, at his sole
dlscretiom licensee shall, at. its sole cost and expense, stall, provide, maintain such .sign,
decoration, advertising matter or other things as ay be permitted hereunder in good
i condition and repair at all times, licensee must rther obtain approvals, permits, or other
required approvals by whatever name call From all governmental authorities having
i jurisdiction., and must comply with all app able requirements sot forth in the Mlaml-Dade
i
County Code, the City of Miami Code 6 -ironing Ordinance, Upon the cancellation of this
Agreement, licensee shall, at its le cost .and expense, remove any sign, decoration,
f
advertising. mater or other thin ermi te.d hereunder from the Property, . If any part ofthe
Property is in any way damag by.the rernoval cif such Items, said damage shall be repaired by
llcensee at Its sale costa expense.. Should licensee fail to repair any damage caused to the
Property within ten ( days after receipt of written notice from City directing the required
repairs,. City shall c ase the Property to be repaired, at the. sole cost and expense of Licensee,
Licensee shall p C'i'ty the full cost of such repairs,within five (5) days of receipt of an invoice.
indloating4l. Acost.of.such.requlred.,rapairs, ,....
j L ensee hereby understands and.agrees.thatthe. City may, at its sole discretion, erect
or pi re upon -the Property an appropriate sign, plaque or historic marker Indicating City's
h ing Issuedthis Agreement.
20
� R.vvaoable I,ioeneo Agreement iasuaQ by the .
City of Man] to Daae Horliago Trust, Inc.
SUBSTITUTED
,27. Hazarclous.iviaterfaIs,
The Licensee shall, at its sole cost and expense, at all times and In all respects com j
i
with all federal, state and local laws, statutes, ordinances and regulations, .rules, r ngs,
policies, orders and administrative actions and orders relating to hazardous aterlals
("Hazardous Materials Laws"),, Including, without limitation, any Hazardous M crisis Laws
relating to industrial hyglenc, environmental protection or the use, stor e, disposal or
l
transportation of any flammable explosives, toxic substances or other Nazar us, contaminated
"s
or polluting materials, substances, or wastes, Including, without liml 'Ion,. any "Hazardous
Substances", 'Hazardous Wastes", "Hazardous Materials" or "Toxl Substances" (collectively
s
411-lazardous Materials"), under any such laws, ordinances or reg► tions. The Licensee shall, at 1
"its sole cost and expense, procure, maintain in effect and co ly with all conditions of any and
all permits, licenses and other governmental and. regulat approvals relating to the presence
I.
of Hazardous Materials within, on, under or about th r:opei-ty or rewired for the L:irensee's
use of any Hazardous Materials In or about the roperty 'in conformity with, all applicable y
ldazardousMaterials Laws and prudent indu ry practices regarding management of such
Hazardous, Materials, Upon cancellation or evocation of this Permit, the Licensee shall, -,r't its i
sole cost and expense, cause all Hazard s Materials, Including thole storage devices, placed In
or about the Property by the Licens or at the Licensee'sdirection, 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 i
monitored accrjrding , and in compliance with, all applicable governmental requirements,
The requirements this paragraph of the license shall survive the cancellation or revocation of
i
this License,
Tia y ri„prsertts t"hat; 4
Fede
T-the--best—of--it-34,6owl edga--.thare-.ars np_an.vlton�rrrental violations,.-wheth.ar_u•n;d:er--� —
state, or local laws, existing on the Property,,
To the best of Its knowledge; 'there are no I-lazardous Materials presently existing on the
roperty, . ..
21
RovoonbloLtaeoeo AgreomeiWinsued by the
City of M Itiml to Dade NeRtagoTmsl, No,
SUBSTITUTED
28, Radon Gas.
Radon Is a naturally occurring radioactive gas that, when It has accumulate in a
building In sufficient quantities, may presenthealth risks to persons who are expose ;o It over
time, Levels of radon that exceed federal and state guidelines have been 'Found buildings in
Florida, Additional Information regarding radon and radon testing may be o Ined from your
when
'h
as
r expose
0 0 a
p
'u
0 m
se
u 'E"
.han c who
d buildings
1 11 have a y n e•
f 0 u Ined u Ildl
g b h from
county public health unit, Licensee may, have an appropriately licen d person test the
' , r test
Property for radon, If the radon level exceeds acceptable EPA standar q, the City may choose
rt
to reduce the radon level -to an acceptable LPA level, falling which ther party may cancel this
License.
29. ' Licenses, Authorl2atlons and Permits.
Licensee shall obtain, or cause to be obtal id, 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 Cl Occupational License, that are necessary for
r
Agreement,
ee
u 'e be
ob'
'a' le'
at ' 0
its
atl on, _I Occup
Licensee to conduct Its commercial activiti,
Licensee shall be responsIbie f /paying -the cost of said applications and obtaining said
.licenses, authorizations and permit
30. compil-ance with all pplicab*le Laws,
Licen.see accep this Agreement and hereby acknowledges that I-Icenseels Add
C
L
I
n
0
,p
mce
a
c
wlt,�
of
't
,Y.
)y
'/4 -
compliance wlth.alll plicabl-e 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
-...a ndas..thay ay,,W� -.amended-• , Thls.Agreei-.,iiqiit,.shall,.,be
accordin k I thit ^; +kn C+ +b ; r,1 I A
4
22
Rovooablo Lionso Aweemeat issued by the
City of Minin! -to Dadel-lefflqeTwpt, Inc.
SUBSTITUTED
31. Ownership of improvements,
As of the Effbadve Date and throughout the use period, all buildings and Irn rovements
din g' a"" '? '
" he
thoreon shall be vested In City. Furthermore, title to all alterations made buildings
- the property,
.r I)
whether or not by or at the expense of Licensee, shall, unless otherwise , vided by written
, City
y
agreement, Immediately upon their completion become the property f the City and shall
remain -and be surrendered with the Propeijy.
32, Surrender of Pvoperty.
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 re r together with all alterations, fixtures,
'n -
installation, additions and Improvements whirl -i may have been n iodo
In or attached on or to
the Property, Upon surrender, Licensee sh promptly remove all its personal property, trade
fixtures and equipment and Licensee sh repair any damage to the Property caused thereby,
Should Licensee fall to repair any d- iage caused to the Property within ten (10) days alter
receipt of written notice from Cit directing the required repairs, City shall cause the Property
to be repaired t,: the sole cos, -nd expense of Licensee. Licensee shall pay City the full cost of
such repairs within ten (I . days of receipt of @.6 Invoice Indicating the nest Of such required
repairs. At City's optio , City may require Licensee to restore the Property so that the Property
shall be as it was 0 e Effective Date.
In the ev it Licensee fails to remove Its personal property, equIpm-ent and fixtures from
the property dthin the time limit set by -the notice, said property shall be deemed abandoned
and then pon shall become the sole personal property of the City, The City, at Its sole
dIscr on and without Ilability,'pay, remove and/or dispose of same as City sees fit, all -at
Lir nsee's sole cost and expense,
23
Roy000bla Uoonso Agvwjnoiit ifmW by tho
Cit.), of Miami to DadaHorftfigo'Trut, bm
SUBSTITUTED
33, Severa.blIlty.
It Is the express Intent of the partles that this Agreement constitutes a lice se and not a
Dasa. To further this Intent, -the parties agree as follows:, (1) If arty provision o :his Agreement,
or the application thereof to any circumstance, suggest that a lease, rathe than a license, has
been created, 'then SUCII provision -shall be Interpreted In the light est favorable to the
creation of a license and (11) If any provision of this Agreement, or th application thereof to any
circumstance, Is determined by a court of competent jurlsdictio o have created a lease rather
than a license, then such provision shall be stricken and, - the fullest extent possible, the
remaining provisions of this Agreement shall not be a" Acted thereby and shall continua to
operate and remain In full force and effect.
With regard 'to those provisions which 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 tour of competent jurisdiction to be Invalid, Illegal or
otherwise unenforceable under the la of the State of Florida or the City `of Miami, such
provision, section, paragraph, Bente e, -word or phrase
se shall be deemed modified to the extent 1.
necessary In order to conform \Af such laws, or if not, modifiable, then sarne shall be deemed
severable, and in either eve ,_the remaining terms and provisions of this Agreement shall
remain unmodified and, in 11 force and.effec't or limitation of Its use,
34. InvallditV.
J
In the ' vent 'that any horiµmaterW provision of this Agreement shall be held -to be.
Invalid for y reason, such Invaildity s!ibll not affeci the r'emaining portions of, this Agreement
and th arne shall remain In full force and effect.
'4
v
d't'
vent
n
t
invalid far ,,y re
va I I r reason,
and t a I shall
re
Assignment
$its
No Assignment OrT a f r.
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 Agreement Wood by'tho
City uMmil-to Dade lledtago Trost,bio,
SUBSTITUTED
by Licensee shall result in th-e automatic termination of this Agreement without no -tic 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 ng, rlorlcla Statutes, d agrees -to allow access
by the City and the publIcto all documents subject to disclosure u der applicable law,
V. CDOIct of hiterest.
Licensee Is aware of -the conflict of Interest la s of the City of Miami (M-laml City Code
Chapter 2, Article V), Dade -County., Florida (Dade aunty Code, Section 2.11,1 pt, 5eq,) and of
the State of Florida as set forth In the Florida tutes, as amended, and agrees that it will -fully
comply In all respects with the terms, q, 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 , e City, Licensee further covenants that, In the performance
of -this Agrament, no pears i 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 or.asso ' ted persons, or entities must be disclosed In wrlting,to-the City.
38, Americ s with Disablifty Act.
Llc see shall affirmatively comply with all applicable provisions of -the Americans with
Disabill es Act ("ADA") In the course of providing any work, labor or services funded by the City
InGI
pllcable regulations, guidelines and standards, Additionally, Licensee shall take affirmative
steps to ensure nondiscrim Inatlan in employment of, disabled persons,
25
Rewomble Lloonse Agreenmat Issnod bytho
City of Minuil to Dada 1--loNtago Trost, lim,
SUBSTITUTED
39; Nondiscrimination.
In the performance of this Agreement or any extension thereof, LIcens and/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, ag,ee, h dicap, familial status,
marital status or sexual orientatlon, Licensee and/or Its authorise 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, rNa-I status or sexual orlenta''Hon,
Such action Will Include, but not be limited to, the ollowing; employment-, upgrading,
demotion or transfer, recruitment or recruitment adv Asing, layoff ortermination, rates of pay
or other forms of compensation,.
40Affirmatil.ve AcRon,
Licensee shall have In place an irrnative 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 wornen, minorities, thea disabled and veterans,
Such plan will Include .@ set -q osltiv,o measures which will betaken to Insure nondiscrimination
in the work place as it elates to hiring, firing, training and promotion, In Ifeu of such a
policy/plan, Licensee ii all submit: a Statement of Assurance indicating that their operation Is In
compliance with a relevant CIvI'1 Rights laws and regulation,,,
41w MI rity/Women Businpwo, Utilizationi..
4censee shall,make ti good faith effort to purchase/contract fifteen percent '(15 of its
"aM .1al_ .goods. and, .:-Servicas requIremerits.. ,from. _ -H1spa.nIc,,_ R.O.Men,
u8inews/professlonals registered/certIfled with the City 6ffice of Minority/Women C uslness
Affairs, Such lists will be made, available to the Licensee at the time of the Issuance of the.
Agreement by the City and updates will be provided from time to time by the City's Office of
Minor!
Business Affairs.
26
Rovouablo Moonse Agrement fequed by the
City of Miami to Dado HodtageTrUt, I=
SUBSTITUTED
42, Amendments and Modifications,
No amendments or modifications to this Agreement shall be binding :n elthor party
be binding n 'her party 11 Attorney,
Ind 81 by b
I/- h
unless In writing, approved as to form and correctness by the City Attorney, nd signed by both
4 e t needed
d I je t
c
parties. The City Manager is authorized to amend or modify this Agreen nt as needed subject
to the formalities of contracts being followed,
43. Attarney(s') Pees.
In the event It becomes necessary for either p y to institute legal proceedings to
for either p 'y to
enforce the provisions of this Agreement, each 'For
bear Its own, attorneys' fees through
patty y warde
ail trial and appellate levels. The prevailing party y be'awarded court costs.
44, Litigation; Vanua
Any dispute -or civil action herel soliall be resolved In the courts of Miami -Dade County,
Florida, The parties shall attempt t ediate any dispute without litigation, If the parties agree
tor mediate any siuQh dispute th standards and procedures of set forth hi Chapter 44, Florida
Statutes, "Mediation alterna' es -to Judicial ActloWl, as amended, Will apply. However, this is
not intended to establi rriedlation as a condition precedent before pursuing specific,
performance, equitab or injunctive rellef,
45. WValver f Jury Trial.
Th parties hereby knowingly, Irrevocable, voluntarily and intentionally waive any right
either ay have to atrial by ,jury In respect of any action, proceeding or counterclaim based on
61 - Aie-r,r - I
"o'n'- Wif h`th'N7A"gV66Mb5f d� '��hy'
i6eiiie'-6t," 6r*_6'�Wng out of, und
mendment—or modificati.on-- f.-th.1 —Agre
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 w-alvor of
Rovocablo Llounw Agroomont Issued by tho
City ofMlaml to Dado JJ ophageTraNt, Ino,
SUBSTITUTED
far City and Licensee entering into th object
jury trial provision Is a material Inducement /,e c t
-transaction.
46, Waiver,
Any waiver by either party or any breach by either party of 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 .sarne 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, cbndl,, ns or provisions of this 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 In any
manner whatsoeverother than by written afire ent of the City and Licensee,
47. Time of Essence.
It Is expressly agreed by the artles 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 d, e of perfwmance shall be -extended to the next business day
thereafter,
48. No Interpr aflon Against Draiftoomen.
The 1) [es provision -cif thls,Agregment shall be -construed against any
partICLI-lar rty. and each-party.sha,11-be:deemed to have, drafted this Agreement,
O'xbtuted and/or delivered bythe parties, the parties each agree to perform, execute and/or
deliver or cause to be p-arf nii d,`exec'uie6 end/or del)Veirecl any and all
0 e a such further acts,
28
Rovooablo Limwe Agroomont isuvied by the
City of Mitiad to DWo Ilei,ltago Trmt, Inc,
SUBSTITUTED
M
deeds and assurances as may be necessary to consummate the transactions Conte -plated
hereby,
ra n s 'c
't"on
n
50, 'Third Party Beneficiary,
This Agreement Is solely for the benefit of the parties heretoando /third party shall be
entitled to claim or enforce any rights hereunder,
51. NO-Vartnership,
Nothing contained -herein shall make, or be con ued to make any party a principal,
agent, partner orjo'Int venture ofthe other,
52, Hea'dings'.
Title and paragraph headings are r convenient ref-erence and are not a part of this
Agreement.
53, Authority.
rachof the partle 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. Entire Oreament,
T s Instrument and Its atta0meritsonstbte the sole and only agreement of the
t
pard hereto and Correctly set forth tho*rlghts, du.tles.and obligations of each to the other as J.
of s date, Any prior agreements, promises, negotiations or, ropresetitations not expressly set
D
�re(anl lit are 0 n
rdt I r 6f% Ct.
29
Rovouable Wouse Agrooment lostiod by the
city oThfinnil to D'ado HofltnpTrmt, lao,
SUBSTITUTED
5 n Special Provisions. ...
A, The Licensee agrees to perform any fundraising and grant writing act ties In order
'to raise sufficient funding to undertake and complete the renovatlons neces9a, 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 set-aside $5,000 to
ensure that the interior and exterior building on the Property Is p rated every five (5) years,
The Licensee shall Issue -an annual report to the -City Manager at the Director as to the status
and the amounts of this fund', The first such report shall be s m Itted on or before 12/3 1/1.1 to
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 Manages and the Director prior to the
annual anniversary date of the Agreement, a ng with -a plan of action as to how LIGensee
intendsto perform any Identified repairs o e Pro,P erty.,
.
THIS SEC TON LErT INTENT'ONALLY BLANK
Roymblo Moonse Agroomont imod by tho
City c)fMitani to Dadol-loyltagoTnwt, Im.
x.
3.0
SUBSTITUTED
M %WNESS WHEREOF, the parties hereto have executed this Agreement of the day
,
year first above written, 6
ATTEST:
By:
PrFscl-lia A, Thom
c1tv clerk )
APPROVED ASTTINS
UQUIREMENTA1.
13y;
'vin 011s,
partmen
wri-NIESSES,
By:
Signature
Print Na
Paye
n at u r
;tor
iskmanagernent
CITY OF MIAMI, a municipa orporatim)
of the stato of Florida
By:
joh
.City(( nater
APPIR ED AS TO LEGAL FORM AND
co CTN ESS:
ray�
,)aIle 0. Bru
City Attorney
OMUMEFII,
DADE HERITAGE TRUST, INC.
By;
Signature
cl
rN
Print Name Bertram Goldsmith 7*
Title Authorized OffIcer"t Presi.dont
CORPORATr SEAL
Must be, Prosident tuiloss a, Corporato Resolution is ppBontul different 001TWItte, offloov to sign 91is
31
Rovomblo Lim= Ao,00motit Ismiod by the
City of Miftnit to Dade 1-1 orh go Trunt, 111o.
SUBSTITUTED
EXHOT Al
'PROPIERTY
LEGAL DESCRIPTION
�ot A, Block 3 Amended Nat of Hibiscus Place, according to the Plat the of, as located In Plat
Bock 3, Page 310 offtho Public Records of Dade, County Nor!( .
32
Rovoonbla Wwnso Agrowneot 18wod by the,
City
.... ..... . .
32
Rovoonbla Wwnso Agrowneot 18wod by the,
City
SUBSTITUTED
EMIBIT AZ
I.00ATION OF PROPERn'
Rovooable Lionse Agreomeat issued by tbo
City of M iaml to l7ade I-1 erilago Tnist,lilo
33
I
Rovooable Lionse Agreomeat issued by tbo
City of M iaml to l7ade I-1 erilago Tnist,lilo
33
SUBSTITUTED
Property frilbru"latiori. Mop
MYHOMO
Mlawil-DadeCounly, Modde
MWIA
Suimrrwry, Detalls.,
. . . . . . . . . . . . .
ASSET MANAGEMEN7
WISION
444 SW 2 AVE STE ft,'325
MAW FL
33130-1910
Assessment firiformatlon:
2011 2110
Land Vakw rl54000 9a075
$50,974 156,974
r1kr
MI -�(Valua, $126 74 j96��17,�
:4_�_ _ _
Mild Pholography 0 1112A t'.Inaod Valkw $5M 974 W06 974
Taxable Vakis Inforniatlom
ThD amp waG crented on 1 NOVI 618;39 FIM for rafarencl,� purposse only,
Web Ske 0 2002 hllarjr4 County, M rlglihi ras(-,,rvT.,)d,
di
bale inionTiouon.,
Dglq Date, 8MR7
Sals Amovnt� I
SMS OR
,
7cs'-;Maswh]&
QuaNcOlon, rjl6trvaofiqd C17 a rcivult of
10/20/2011
SUBSTITUTED
EXMIRIT 0
REPORTING REQUIREMENTS
'E-0M"MU
Au,dltad Financial Statement
or Form 990
Preventative Maintenance Report
Reserve/Maintenance Fund Report
Revocable Umme Agreement losued by the
City of M111111i to DfidbHoritageTrust, 1110,
"LJ Q All
No tater than 12() da/after end of fiscal year
Anniversary QAe of Agreement
By De/nber 31 annually
34.
SUBSTITUTED
(EXHIBIT C
1NSURANCLE REQUIREIVENTS
I. Commercial General Uablifty (Ptftary & Nosy Cantrlbutoq)
i
Ii D.1t,�� P �i9.ktu,
Bodily Injury and Property Damage Liability
Each Occurrence $110001000
General Aggregate Limit $ 2,000,0
i Products./Completed Operations $ 1,,000 00
Personal and Advertising Injury $1100 ;000
Fndorsennents Required
r
City of Mlarni Included asan additions nsured
i
Cant Igent•Ll6b"IHty (Independent C tramcars Coverage)
Contractual Liability
I Waiver Of Subrogation
Premises & Operatlons Llabll
!iw Duslne4,
'Automobile �ZRilty i
' L rnnit Of LIE 6i t r
l
Bodily injury rid Property Damage Liability
Combine Ingle Urnit,
Any Au' /Owned Autos/Scheduled
inclu ig Hired, Borrowed or Non -Owned Autos
Art` ne Accident $ 1.,000,000
.Endo ern>dnts Required ,
City pf Mla:niI Ini luded as an Additlonal insured
3S
Ravoenbie Vow" Agreement issued by the
City ofiv UID1 Ine,
SUBSTITUTED
,.
�Aforkees'Cam-pensatloll
i im is Of B�iabii
Statutory -State of .Florida
Waiver of Subrogation
IV, Empluyer't5 Liability
MMtts .$u�KIOMA Y
$1.00,000 for bodily injury caused by an accident, each 1zcIdent,
$J.00,.000 ~fear bodily Injury caused by disease, each e playee
$500,000 -for beadily Injury caused by disease, potic itni:t
V.., Property Coverage
Dade Heritage Trust shall maintain "All R <" special form coverage -for Real and Business
I?.arscarral.:Prap,er y coVerq /Iml
irig. g-pins•t.., : risk of.direct •physical.Ioss,or dan7pp, .in.cluding
coverage for theft, windstil, and flo d, as applicable and insuring 10OVo replacemerit on
the building and i.icensee'vernen� , including all its equipment, fixtures, furniture and all
other porsonal property Ibout ,ie property, The policy or Insurance certificate should
further Include coverage nid le•al<age, plate glass coverrage, and business interruption
and extra expense, preferan on an actual loss sustained basis. Th•c propertycartificate
roust showfull x:00% repla°coast-basis valuation with a maximum deductible of $5� 000 as
to all other perils, and 5% storm, hail. The City shall be named. as an /additional Insured
and loss payee on 'this cov
The above pol es shall provide the City of Miami with wi l•tten notice of cancellation or
material change Mfr the insurer riot lass than (SO) clays 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 o notice 117 writing to
Licensee, Tl Licensee shall provide any other insurance or security reasonably required by the
City.
Companisa authorized to do business in the State of Florida, with -the following
auiaFlons, sha{I'issii�'aii insiararide noi'i'ciemreglaird°dTabovc:'
I �e�crari7'�aaTi7y�mus•�Vbe'ra�edna ass �thdii"�„ as �c maiiag�men�and na�"less than "Class V":a��""'T�.Y"." .�
to i=inancial Strength, by the latest edition of Bests Insurance Guide, published by &M. Hest
Company, Oldwick, New Jersey, or its equivalent, All policies and /or certificates of insurance
are subject to review and verification by frisk Management prior to Insurance approval.
36
Rovoonblo Lloonse Agroomont issued by the
City of Miami to Dade Moritage Trust, Tuo,
SUBSTITUTED
Commer0al General Liability
0,N.A
Hired and Nonned Autos
CKA
Workers Compo
[.eater In File
Wind Polley
Citizen
Building
L12_ydt
,,j,of London
Business Personal Property
C, N',A*
Flood
Fidiollty Insurance Com .tly
D&O Liability
Great American
crl= Coverago
Ic�tliution,
A XV nsurance Re red,
ItyoflVilamll, amedAddid.- Kio ed
A XV ID
�t7eCity Is ovIding insuranoe
City of . iaml Is Loss Payee,n"L,tyr0afMRrodnameds ovIdino ir City Is
Los-' F
city C) f iaml Is
Named
X tont Park Named Additional Insured
C)
A X,
A XV
A xv/
APPIROV/AIL STATU
OPROV11D
A Not Approved
Coverage is Insufflaient AType of Coverage Is Missing
L
El
Frank
PD*Operty and Casualty managEl Not A Rated Company Other
ElThe City N
�07'Named Additional Insured
.............
0
License Agreerno between the Ofty of MIaml and Dade HarlitageTmast for.the case
.-approximately 146 square feet of City owned property -locatod at 190
Risk Q'02 111712012 2:38 PM
DEPARTMENT OF RISK MANAGEMENT
INSURANCEISAFETY APPROVAL. FORM
Description
arne
01_qa Zamora
Dade Harita8 Trust
Department
Tracking 9
Date:
PLibllo Facliltes
—11/17/2012
Review
F111181malal
status
Ratings Oftength REQUIREMENTSi
Commer0al General Liability
0,N.A
Hired and Nonned Autos
CKA
Workers Compo
[.eater In File
Wind Polley
Citizen
Building
L12_ydt
,,j,of London
Business Personal Property
C, N',A*
Flood
Fidiollty Insurance Com .tly
D&O Liability
Great American
crl= Coverago
Ic�tliution,
A XV nsurance Re red,
ItyoflVilamll, amedAddid.- Kio ed
A XV ID
�t7eCity Is ovIding insuranoe
City of . iaml Is Loss Payee,n"L,tyr0afMRrodnameds ovIdino ir City Is
Los-' F
city C) f iaml Is
Named
X tont Park Named Additional Insured
C)
A X,
A XV
A xv/
APPIROV/AIL STATU
OPROV11D
A Not Approved
Coverage is Insufflaient AType of Coverage Is Missing
L
El
Frank
PD*Operty and Casualty managEl Not A Rated Company Other
ElThe City N
�07'Named Additional Insured
.............
0
License Agreerno between the Ofty of MIaml and Dade HarlitageTmast for.the case
.-approximately 146 square feet of City owned property -locatod at 190
Risk Q'02 111712012 2:38 PM
SUBSTITUTED
i
I
I
OF 10Al.,
A p p DATP, (MMIDDIYYYY)
. Yh RTIFICATE F UABI ITY I SCJ E _ 01/111'12,
THIS CE RTIPICATF IS IGSUI 0 0 A MATTER Or INrORMATION ONLY ANIS C'ONFEFR8, NO RIGHTS UPON THE CERTIFICATE HOLOMR, IS
CERTIFICATE DOI✓S NOT AFFIRMATIVELY OR NEGATIVI I_Y AIU1FNDi MiXTENID OR AG; PER TI-NEt COVNIRA:013 AF11ORDED SY THE PO 128
BELOW, THIS CERTIFICATE 9F INSUFRANCE DDEE' NOT CONSTITUTE A 00NMOT FSE:TWp12N' Tldt IBSUINO INSURNK(S), RUTH I Izr-D
REPRESUNTATIVE OR'PR'OlDUCER, AND THE 0MRTIPIOATE' HOLMR, _
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the•
polioy(lov) must be endorsed. 1f SUBROOKNON IS WAIVE , M illout'to
the terms and oondltions of the policy, cortaln pD11oles may requiro an Wlftrsement
A statement, on thiv o ifivato does nataonf righte t° tba
aertlflcato holder In Ilou Ci' nah endwrsernelit y),
_
PRODUCC'R 908444-2324
rd°DiuT "t u .
M
MDW Insurance Group Ino 308444-4080
362 Minorca AveRR161
PER50.NAU&ADVINJL1KY
A,ab1:
Coral Cables, FL 33134
Nt,rblhrtrern(andes
cuoo aaR OADF-H-1
w w —
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INBUf4RR( ArrQnGrNd wwVLRAAIC.df
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lNsurrpo gado Horboo Trust, Inc,
IN811"RA I CNA
_
JNsuRERB i
(LBNGRALAGQft GATE
190 Sl; 12th Terrace
INDu 01
OIkN'LAGGRBt�ATF. LIMIT APP41F$
_ ' P LILY Ir
Miami, FL 33131
URCR
pR'i5l7UCi'S+O.OMFfoF AQG
• � 2rQhG,GGI)
THIS IS To 0ERVFY THAT THE POLIc'ICS OF .INSURANCE= 1,18TED >3P. LOW HAVE 15SE.N 158UCG3 `I0 T.H SUrtDk� NA'M�D AR4Vr l 9R TI 1R Ft�LICY rvRRIC�IJ
INDICATED, NOTWITHSTANDING ANY RLQUIfREMENT, TERM OR .CONDITION OF ANY CONTRACT 0 THEIR DOCLIMCNT WITH RE'SP> O'T TO WHICH TFIIS
CERTIFICATE MAY BE 18GUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE' POLIOMs I„9CRIBEn' HEREIN IS SUBJECT TO ALL THE TERMS,
FXCI,.USIONS AND OGINDITION9 OF SUCI I'faOLICIES,'LIMITS SHOWN MAY bIAVi=BCIiN RCOUCIwD 13Y AID CLAIMS,
I u - P� T�.......- q (# ,m.. ---- LIG HF pd— 4'�p;'. F - -- -^•^...'
NM p15 Y Y LIMIT$
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(�"aanlUsnq
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$ �
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ANY PROPRIETDRIPARTNG WW=TIVE
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lub-Glvlo, Se1'v10e of Soo'
o6ity of Miami
1410 Managemont Division.
444 5W 2nd Avenue,5tli Fiaor
Mlnmi, Fl. 33434
At,r7RD 26 (200WOG)
. 1
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,
8140UI„A ANY UK THE AaOVE OR.CCRIVE0 POL10149 8E CANOEI.LkD 43EF.ORE
TIAs EXPIRATION DATE THEREOF, NOTICE WILT. BE DE11VOIRM) IN f
ACCORDANCE WITH'TI R POLICY'PROVISION8, j
AUTI'ipnIZC,D RCp}ilt&pNTA'I'IVP« �VY�^��,�.�M„"^•,•`—
Q 1088,2009 A00RID CORPORATION. All righto reoarvod,
Tho AOO RID nanlo and logo am regIaterod marks of ACORID
SUBSTITUTED
DADEH-i
NOTEPAD wsummn NAmE Dude Heritago Trust, inc, OP 10; AL
Tom
��ar Ri i
skcros 000 912011
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-0,CT .6 '0
9 In
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tM*p1n1,y,,j8g, IEPP4029456 8/17/11 to x117112
0
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9
"271 �gne?p
nly d
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Q1/11 to 8/17112
N.-
OAML 2'
n�ATp OVII 1112
SUBSTITUTED
i Ori Ire, AL
I
.TIFICATFE OF LIABILITY INSU R NC, � DA1H�r��D1YYYY,
THIS CU'RTIP'ICATG I$ ISSURU AS A MATTER Of INFORMATION 014LY AND OONPCRS NO RIGHTS UPON THE 0511TI IOAT1: HOLDER, 1Nq
CERTIFICATE DOLS )1IOT AP'FI>RMATIVIaI.Y OR NEGATIVELY AMEND, tXT5N0 OR ALTER THE, GOVFRAOaln ArFORMaD My TMC P CtC9 I
BELOW. THIS CERTIFIDATE or 1NavRAN0♦r wi—S NOT CONSTITUTE A CONTRACT BUTWEEN TH1 ISSUING INSURE R("), AUT R17 -ED
T�VRC'SENTATIVE OR P RODUGFIR, AND THP~ OORTIOGATE HMDER,
IMP6RTANTI If tho nartifloato holdor Is an AWITIONAL INSURED, the pollay(les) mint be endorsed, If SUI3l�G?GATIQN IS WAIV ,snub at to
tha terms and CondRI01ta of tha Palley, ourtain pullola s may require an onttorsoment A statoment an this cattillantn d00S not CO r rlghte to the
oprtif aato holdw In Ilea of wolf 01i rsement
pR(?>)IJC�R 3015-444 `2324 NAf4Tt pT --- W
i rADW Insurance group Inap. o R A
I
3o2Mlndr(aAvt+ Ota �•4 1�Jitt� m_
Coral Cables` FL 33134 a"gdrze�e; m —
Norbert Fernandez _ItOn apR„ nnrtr.w.4
INSURaa trade Harltage Trust, Inc.
100 $1 12th Torraw
Miami, FL 33131
ramrrsatrtint hiirnnex,p,
W V V A=AtiM4". {:+.a w ,♦ ,.a� .sv , r. , av,r,rv-w.."...a+."rv;.�-'----..a.+--•�^^�.'
THIS IS TO OERTIrYTFIPT THC 1�OLIGIE"a OF INBLJHANCE LISTED t9CLOW HAVE 520 ISrnVLD TO -N, ED NAME D ABOVE FOR THE PG?LICY PrRIOD
INUICAXI D, NOTWITHSTANDING ANY REOUIREML:NT, TERM OR'GONDITION OF ANY CONTRACT 071.117R bOCUMENT WITH RESPE6T TO WHI014 THIS
CERTIFICATE MAY SE I6SUCCt OR MAY PERTAIN, THE INSURANOC ArPORDED BY THE POLICI DE64RI13ED HEREIN IS SUBJECT T'b ALL THE TERMS,
P_XOLUMON8 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE DF -GN RE-DUOLVI)13 All? 41 ma .
HR
-
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pl1L
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pOLIOY NUMU 13kR
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PgLICY r LO() _
AUTOMONIO LIAMLITY
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$
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(Pur aouidvnq
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orlsorap'nRN OF OPEFIATIt?NS I L ATION81 VEHKIMS (Att�dlt ACpRDrgQ1, Aac�lOculut Cibnroti a aottortuiv, urnare spas to roqutrndJ
CSlub•Clvia Servlae or $o
QGRTI l �, Iw. i; IJPMi
$HOULD ANY OF THE ABOVE DE,9 RImIED POLIOIRS Or- CANOEL W CiCI'QRR
71-121
OIN DATE
. ml,
I/T
�—�
WILL BC1N
LOS PAYEE A00ORDANCGWITH TiR POLICY PROVISiONB.
City of MIDmI
RikMnnagamontDIviuloo AunioRlzn RepFUaNrAne
d
FL 331311 � %✓JG'{.t�'t
Avenuo, Dill HOOT
O 19084009 A00RD QORPQRATION, All rights worved.,
A00110 29 (2000100) Tho ACORD namo and logo aro radlstomd madw of ACORD
2011-201-2 OFFICERS
PRESIDENT
Bertram "Chico." Goldsmith
VICE PRCBWI` T
Jorge Hernandez
TREASURER
Walter Alvarez
SECRETARY
Prancena Foch
AT LARGE
Ann Marie Clyatt
Enid C, Pinkney
TRUSTEES
Brian Alonso
Marola Anderson
Hilarlo Candela
Matthew Greer
Linda Collins Wertz
Dwight Dull
Megan Kelly
Lisa Mackle
Judy Pruitt
Lois Randall
Violette Sproul
Venny Torre
Olga Vlelra
Iwillan Walby
Don Worth
ADVISORS
Gay Bondurant
Gary Heid
I Adolfo Henriques
Ruth Jacobs
Sallye Jude
Benny Lambeth
Nancy Liebman
Dolly Maolntyro
Bruce Matheson
Thomas J, Matkov
Willlarn Murphy
-George Neary
I Leslie Pantin
Arva Moore Parks
Elizabeth Mater -Z ork
Jeanette Poole
Noah Sohaef
1 Don Slesnl II
Herb Sos
Ellen U coioni
Mary oung
O
eoky Roper Maticov
SUBSTITUTED
DARE
41-1[ E, R I TAG C
TRUST
ranuary 11, 2012
city. of Miami
Risk Maaagw ent Dept
Attn: Property & C asu&y c/Agremont,
x•44 SW 2���t Avenue, til Floo
Miami, PL 33130
According to our .evocable nt, Dade BeritagoTrust is
exempt from the obli. ations compcnsation insura�lco-cluo to the fact that wo ha.�vo'ploycos,
Yours truly,
Becky l,0 Matkov, CEO ( 'All
",'I
�iiA'a• �Vi!hq�
4ACCOIN.•
it
�r
ryry� iy.
1Q4"
4+I j4iWj�
t�Vyvi
190 1S.E,-1211, Terrace, Miami,FL 33131 ^ Phone (306) 358-9672 f Fax (306) 358-1162
E-mail: InfoOdadeheritagetrust,org • www,dedeheritag.atrust.org
90FIDELITY
NATIONAL IORMNITY IN6URANe9 COMPANY
SUBSTITUTED
y "Idkllty Natlanal IrrdwrinIty Insurranoo UarntyanY
Ro' BOX 33003
St, PetersbQro, rL 33733.8003
1.000.0204244
FLOOD DECLARATIONS PAGE.
FFL 99.001 0311
307590.5
9/19/1],
2000 11523IMcy
L'R
lrroml
$1,751.:00
r20
CITY
OF
Grandfathered:
No
Cammunl120650
9/20./11 T019/20/12
12;ol am Standard Tlmo
1 yr(S
9/20/11,
12101am
070195.8
(305) 444-23'24
Agent (305)444-2324
MDW INSURANCE GROUP INC
362 MINORCA AVE
CORAL GABLES FL 33134--4304
Ineumd Loontion (11'othar than above)
190. Sp', 12TH TER, . .MIAMI FL 3.3131
DADE TERITAGE TRUST
190 SE 12TH TER
MIAMI FZ, 33131.3204
Addroes may have been ohanged In nArdanae with usps standards.
i
$1,751.:00
Commun/Naamo,.MIAMI,
CITY
OF
Grandfathered:
No
Cammunl120650
DEDUCTIBLE MARGE,
$118.00
Building Description;
Non-Resi:d.ential
Map' Pa:
0314 L
Condo Type:. N/A
of Floors.:
One Floor
Communi:
07 / 15%
Basem•en't/Enclosure:
Crawlspace
Program
Regular
Adjacent Grade:.0
Ratinge:'
AE
Elevation Diff: N/A
Location Description..
Contents La•cation: Lowest. Floor Only Ab'o Ground Level
BUILDING $200,000
CONTENTS $36:,500
I DEAR MOFITGAGEk
The (deform Act of '1994 requires you/66aye
the WYO oompan,y for this polioy withi
of any changes In the servicer of'thls la
The above message applies only w en there le
a mortgagee on'the inaurod loca' n,
$1,000
$1,751.:00
$1,000
$591.4 OQ
PROBATION SURCHARGE:'
$.00
ANNUAL SUBTOTAL:
$2,34,2.-00 I
DEDUCTIBLE MARGE,
$118.00
ICCPREMIUM:
$70..•00
COMMUNITY DISCOUNT:
$'380.00
TOTAL WRITTEN Pa LBM.IUM: $2,150.00
FEDERAL POLICY SERVICE FEE: $40,00•
TOTAL PREMIUM': $2,190.00
remium Paid bv: I'ngurod
Of
This polloy oovers ly one building, ifyou'havo more than on.e'building on your property, please make sure they are all ooverod, •SeEe III, Property
Covered within ur Flood policy for the NFIP definition of "building" or oonlaot your stent, broker, or insurance oompany, Coverage Limitations
may apply, ple se refer to your flood insuranoe Polhcy for details,
! ..�44 ���` '.; l:.:ti.. '. �' - E.. ,i'', ` d.'_�`. �- y•: .. Y��.• i `�{: s, T..7 .'.., ,y,,c of :r �[r; �. .t� _:+,, 2
FFLG .100 0503 0503 AFL 99.310 07'09 0707 YFL-99.116 1,005 1005
This policy Is issued by
Fidelity National Indemnity Insurance Co
Copy Sent To: As indicated on baok or additional pages, if any. r �,
[7747,5 q 11�,5CJ71+guIW�l1,L �, d5 0000E 02464 y
Tnaitwmel
SUBSTITUTED
t Fidelity Natlorrai indernnity insurra.nea orampony I, TL 99,.31.0 0709 0707
Ro, Box a3003
St, Petersburg, FL M733.8003 3075905
Y
113
1.400.320.3242 9/19/11
'tdATlk)NN: I'ptuN( �WCll�1 A
Fidelity National Financial, Inc, Group of Companies
Privacy Statement
09 1150748449 00 9/20/1.1
2000 11523 FLA AUX Rovi•sed.. Mar 15, 2006
This Pri.vaoy Statement explains our privacy practices, including how we use your non -pi io personal
information (`Personal Information"), and to whom it is disclosed, We may anter flus 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
desoribed in this Privacy Statornent, Depending on the business they perforin, t -se affiliates may also
1 share information as dos'aribed bolow,
We may collect Personal Information about you fro in the followin sources;
i Information we rooei)re tori you on app'licatio'ns or other forms we r000ivo froze you or your
autl.torized representative, such as your name, address, social s unity number, tax identification
itumber, asset information and income Information,
Information about your transactions with us or the sorvicos eing performed by, us, our affiliates or
others, such .as irtforniation concerning 'your policy, Arora ' nis, • payment history, information about
Your home or other real property' iziforruatiozl. fr m loll �s and other third parties involved in such a.
. transaction, account balances, credit-onrd numbers and pa ontltistories;
. a Inforinat on we reoeivo from you through our int let wob situs, such as your nemo, address, email
address, Internet Protocol address, the web sit • inks you used to, got to our sito(s) and the pages
viewed while a't our sitc'(s); and
a• hxforrnation we receive from 'eonstrmor. or • ier reporting agencies,
i Protectioii oftlie Confidentiality and ecu Pity of Your Personal TzaforMation
f:
We maintaiza physioal, electronic ar procedural safeguards designed to protect your Personal
Information from unauthorized acces or intrusion,' We limit access to the Personal Information to those
employees who reed such access i connection with providing products or, services to you or :for other
legitimate, business .ptu7)oses
Silaa► ins of Personal -Infoz atron.
. We do not. disclose Porsoi Infohnation about our customers or former •customers to anyone, excopt as
--•po.rmitted by. law. We not share information we collect from consumer or credit reporting 'agencies
with our. affilatos orotl s without your consent Curless stitch disclosure is otherwise permitted by law,
Consistent with ap icablo law, we rmay 'novertheloss provide all or gomo of the Personal Information
dowribed above ' xcluding information wo receive from consumer or .other credit reporting agencies) to
tho-followirig ' dividuals-and companies;
�.
To -oCu-aflillates, •such as insurance co1upanies, agents and other real estate service providers to.
I pray'' e you with services you have requested or as otherwis.e permitted under applicable law;
4. t nsuraroe agents, - "brolt eis ropresoiatkives, support organizations or. others;
to;. tla ,o eni, n000ssaiy provide yort with ser�!.iccs you have requested, so long as the :above
1.
oMitlosr and l'iorsons agfoe not to`£iixfher disclose hula Personal Information except to the extent
necessary t oarry out the requested service on your behalf;
to enable us to detect or prevent 'oriminal activity, fraud, material a arisropresontatiort or
nondkoloslue in connection with an insurance tTansaction; and
in connection with performing an insurance transaction for you;
MR,
0 7 0 19 5 8 0 9 1150748 4'491,1R62014 ClfJM 021164
SUBSTITUTED
09 115074844.9 00
2000 115.23 FLD RCLR
I YFL 99,116 1005 1005
307590,5
9/19/11
9/20/11
IMPORTANT WORMATION A13OUT THE
NATIONAL FLOOD INSURANCE PROGRAM
Federal law requires insurance companies that participate in the Natio Flood Insurance
Program to provide you with the enclosed Summary of CovorLg. Ie I important to understand
that the Sumivary of Coverage provides oi�1y.A general ovory, of .the coverage afforded
under your policy, You will need to review your flood insur ce policy, Declarations Page,
and, any applicable endorsements for a complete descriptior 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 Flood Insurance Prograrn,
This -information will include a Claims Hakdboo , ,a history of flood losses that have occurred
on your property, as contained in FNMA's dat ase, and an a.elmowledgernent letter,,
If you Have any questions about your o insurance policy, please contact your agent. or
insurance .company.
N,
�I�W�410 � �T41
r„�,,.. a
F110 0 11-00'790
Enactment #; R-11-03.94
Version; 1
SUBSTITUTED
City of Miami
'reit Re Report
'rype Resolution
introdueedo 8/23/11
City Hall
3500 Pan Arnonoan•IY
Miami, FL 33'
www, lriianlip,Zoom
NOW
10/13/11
Body; Offloo of the City
Clark
A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH ATTAC 'NT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCAB' LICENSE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CIT OF MIAMI ("CITY") AND THE
DARE HERITAGE TRUST, INC,, A FLORIDA NON-PROFIT C T'ORATION ("I ICIqNSFE"), FOR
THE USE OF APPROXIMATELY 1,A 57 SQUARE' FEET OF C Y -OWNED PROPERTY LOCATED
AT 190 SOUTHEAST 12 TERRACE, MIAMI, FLORIDA, F THIS PURPOSE OF PROVIDING
SPACE FOR LICENSEE'S OPERATION, COMMENCiN "ICOM TIIE EFFECTIVE DATE, WITH
THE LICENSEE TO PAY A MONTHLY USE FELE TO. IE CITY OF FIFTY DOLLARS ($50), PLUS
STATE OF FLORIDA USE TAX (IF APPLICABLE) ITH ADDITIONAL TERMS AND
CONDITIONS AS MORE PARTICULARLY SET ORTH IN SAID AGREEMENT,
WHEREAS, tho City of Miami ("City") owns cer rn coal property iocated at 194 Southeast 12'I drl+aoe, Miatni, I�dorlda>
also known as the Dr,. Jaokson House and Surgery (!' roporty"), originally the doctor's offlo'o and surgioal faoility of Miami
pioneer Dr. Jamas M, 7aoksan, and is bath .listod the National Rogister.as a historio landmark and designated as a Ristorlc
RosouNe/Site by the City; and
WHEREAS, the Dade Ha1•1tago Tra , Ino,'s ("Lio6nsde!') organizatlonal'purposa is to promote historio prasdrvatlon
within the City atld thr'augllout Miami ado County; and
WUREAS, Lloonsoo has o rossod its Intorost.in utilizing tho.Propofty. to •further its organizational purpose; and
WHEREAS, the City a the Lioensoe dosiro to enter into a novocablo Lfootiso Agreorhont ("Agreement") for the
icansee's use of the Prop ty;
NOW, T1.,IERE RE, DB IT.RESOLV.ED 131' TIIE COMMISSION OF THE CITY. OF MIAMI, FLORIDA!
Soetion 1, Tho recitals and findings oontalned hr tho Proamble to this Rosolution are adopted by reforenoo and
inoorporatod s if fully sot forth in this Sootion,
Sa ion 2, Tha C1ty Manager is authorized {I) to exeoute-an Agreement, iu. substantially the attached' form, betweon
the ' y and Cho I ioonsoe', Por rile use of approximatoiy 1,dS7.9auare.feet of tl1o. City,owned Proporty, for the purpose of
pr ldin'g space for l.;io6s' PQ's operationt10111 tlie,�ifeotivo,dlto, wi lt, llt6.Lt6onseo to pay' a mathly use i'eo to
0 Clty of FifCy Dollars ($50), plus State of Florlda Ilse Tax (ff appllcabld), with additional'torms and conditions as "lore
particularly sot forth in said Agreomont, . -..... .
City of Min1nt Pngo 1 PJ11ted oil 1012011011
SUBSTITUTED
9006011 3, This Rosolution shall bwonio offbotivo immodiatoly upon its adoption find signaturo of the Muym {2�
City oCMinini 1'n0o 2 Prhitotl on 10120/2011
2011-2012 or, VICERS
FIMSIDENT
Bertram "CRoo" Goldselth,
NICD FIWSI D9NT
Jorge Hernatidez
TRUASURER
Walter Alvarez
SEC"TARY
Rrwcona KoDh
AT LAROD
Ann Made Clyatt
Enid c� Pwoley
Dr ian Alonso
:�xilaa�lo Gondola
Linda Collins Hertz
Mogan Kelly
LISa Woldo
Judy Pruitt
Lois Randall
Violette sprout
Venny Torro
Olp V101ra
Lilian W41by
-Don Worth
ADVISORS
Ohy Bonclorant
.._04ty 401d_. ..-
Adolfo Renriqueg
Ruth hwobs
Merin T "km'li
ly
Dolly maolntyro
-DWOO mathesoa
Th6mg Y, Matkov
M''U'rPhy
George Noaly
AM, Moore Parks
Mizaboth Pldor-Zyboik
joanott'o
* h
Kerb S-osa
Mary You
CR
Beck. 0 1) Or Wtkov
SUBSTITUTED
Dade Heritage Trust Board Resolu
Be it resolved, that the Board of Trasten of Dade Herit Trust voted on Wednesday,,
' er"'
November 16, 2011 to authorize Board PresidenCBer
i ' m
]a A '
behalf of Dade Heritage Trust the revocable Licen Agreement between the City of
D
ad I
Miami and Dade Heritage Trust-, Inc. for the use Dadoe Horitago Trust of the bistotio-
Dr. Jamos J'cxokson Offico and Clinic, 190 SE I , Torraco, Miami, FL 33131,
Signed:
Rebecca R, Matkov
E0
SUBSTITUTED
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO;
Olga Zaiaaora, Senior Project Representative
Public Facilities - COM
FROM:
Rafael Suarez -Rivas, Assistant City Attorney
DATE;
January 19, 2012
RE;
Dade Heritage Trust - Revocable Liecase
Matter ID No.; 10-3488
Enclosed please find the captioned agreemeat whi/been
has beexa approved by the City
A,ttorn-ey as to foxin and correctness,. 'Onoe this agreaaaent h Fully executed please farward
a copy of the fully executed agreement to our office so th e naay close our file,
if,you have further questions, please feel :Free contact me at 305-416.1900.
Enclosure(s)
WIRN 1i2.D+ TURNMIG THIS CONTRACT
TO THIS OFF' ICE FOR FURTHER
REVI ENVN PLEASE xD + NTIV Y AS
0-1488
Doc, No.: 300148
SUBSTITUTED
CITY F iVl
DOCUMENT ROUTING FORM
011101MATING DEPARTMENT: Public Facilities (Asset Management Division)
E)EPI, CONTACT PERSON; Olga K Zamora EXT, 1476
NAM OF OTHER CONTRACTUAL PARTY/ENTITY: Dade Heritage Trust ("Llcensiee")
15,ri-11S AGREEMENT AS -A RESULT OF A compcTITIVE,PROCUREMENT PROCESS? []- YES 0 NO
A FUNDING INVOLVED?[] YES Z NO
TOTA CONTRACT AMCUNT,.$
TYPIEW AGREEMENT;
El MANAGEMENT AGREEMENT PUBLIC WORKS AGREEMENT
PROFESSIONAL SERVICES AGREEMENT MAINTENANCE AGREEMENT
ftANTAeREEMENT F] INTER -LOCAL AGREEMENT
NPERT CONSULTANT AGREEMENT LEASE AGREEMENT
LICENSE AGREEMENT [],PURCHASE OR SALE A EEMENT 4,41
OTHEII: (PLEASE SPECIFY):
PURPOSE OF ITEM (BRIEF SUMMARY,): The Miami City 'Commission authorized the tyManager toexecute a Revocable
License. Agreement ("Agreement") between the City of Miaml and the Ut;ensee fo -lie use of approximately 1,457 square
Boat Of City -owned property located, at 190 SE 22 Terrace for the purpose of pr Wing space for Licensee's operation with
termsand conditions as more particularly set forth In said Agreement,
COI` MISSION APPROVAL :DATE; 9.0/1;3/x1• FILE 0-11-00- 6• ENACTMENT 0384
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXRLA
7�
OR"
Date
Signature/PrInt
bEPARTMENTAL DIRECTOR ✓zk�illl
APPROVAL BY
SUBMITTED TO RISK MANAGEMENT
P"
N11
,
SUBMITTED TO CITY TTORgy
ev
APPROVAL BY CHIEF
RECEIVED By CITY MA
0
SUBMITTED TO A ATTESTED BY CITY CLERK
SUIS NI (TIEDA
ONE M ALTO CITY CLERK, ONE COPY'TO CITY.
I T
TTO' YS OFFICE, REMAINING ORIGINAL(S.) TO
A TTO OFFICE,
EP T M 6N T.
DEP
PI-FASF AlMCH,rws ROUTING FORM TO ALL -DOCUMENTS
THAT REQUIRE
EXECUTION BY CITY MANAGER