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RESOLUTION 92-20563 r " RESOLUTION NO. 92-20563 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER A REQUEST FOR A 99 YEAR LEASE (OR LEASE\PURCHASE) TO THE HOLOCAUST MEMORIAL COMMITTEE, INC. OF THE HOLOCAUST MEMORIAL PROPERTY LOCATED AT MERIDIAN AVENUE AND DADE BOULEVARD BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, the City has received a request for a 99 year lease (or lease/purchase) to the Holocaust Memorial Committee, Inc. of the Holocaust Memorial Property located at Meridian Avenue and Dade Boulevard. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Public Hearing for consideration of the aforementioned proposed request is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, beginning at 5:00 P.M. on the 8th day of October , 1992 , and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of said Public Hearing in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 22nd day of July, 1992 . 9 MAYO' ATTEST: ) ) X /3V7.trit.1,4 Xedetic:t, or . it/21,e(i CITY CLERK Dom,, Pi (Requested by Mayor Seymour Gelber) PNB: lm FORM APPROVED C:RESOLUTI\holocaus.99L LEA DEPT. Date 7 OFFICE OF THE CITY ATTORNEY 64 dy evear4 F L O R I D A • TED)*' LAURENCE FEINGOLD f ;�Ncoa►pa.• ) p O BOX 0 r • c.-y a TQ NE' ktc' H ' ' MIAMI BEACH. FLORIDA 33"9 2032 TELEPHONE ,305►673-747C TELECOPY ,3051 673-7002 COMMISSION MEMORANDUM NO. 1--) - 9 DATE: JULY 22, 1992 TO: MAYOR SEYMOUR GELBER, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER ROGER M. CARLTON FROM: LAURENCE FEINGOLD L, CITY ATTORNEY RE: RESOLUTION CALLING FOR A PUBLIC HEARING IN SEPTEMBER ON PROPOSED 99 YEAR LEASE WITH THE HOLOCAUST MEMORIAL COMMITTEE, INC. (THE "COMMITTEE") FOR THE HOLOCAUST MEMORIAL PROPERTY LOCATED AT MERIDIAN AVENUE AND DADE BOULEVARD On today' s agenda, at the request of Mayor Gelber, is a resolution calling a public hearing in September to consider the above described proposed lease. As the documents for the Holocaust Memorial are presently constituted, there is allegedly the potential for the City to be responsible for approximately $65, 000 to $100, 000 in annual expenses relating to the Memorial . Although this interpretation was contested by the City, and was to be the subject of an arbitration proceeding, the Committee has maintained that the City had such responsibility. The proposed lease could resolve and eliminate this potential liability. While the specific terms of the proposed lease are still under negotiation, the essential conceptual terms are as follows: 1) Term: The lease would be for 99 years at $10 a year. 2) Taxes: Lessee would be liable for all real estate and personal property taxes, special assessment liens and any and all taxes of any nature whatsoever pertaining to the property. 3) Insurance: Lessee would maintain during the term of the lease fire and extended coverage insurance in an amount equal to the full replacement value of the improvements, public liability insurance of One Million/Three Million • Dollars, and property damage of One Hundred Thousand Dollars. 4) Indemnification: Lessee would provide the City with a broad base indemnification clause indemnifying the City ic'l against all public liability which might occur on the AGENDA ---- I TEM 21— ;:_3(3; - MIAMI _ - DATE Resolution Calling for a Public Hearing in September on Proposed 99 Year Lease with the Holocaust Memorial Committee, Inc. Page 2 July 22, 1992 property, which obligation would ,e insured. Indemnification clause and obligation to defend the City would also extend to any litigation challenging the underlying lease. 5) Maintenance: The lessee would be obligated for the full and complete maintenance of all improvements on the property, with improvements to be broadly defined to include utilities, landscaping, etc. , which would include the obligation to restore, replace or repair any improvements. Any insurance proceeds would go to a repair fund. 6) No additional improvements without City's consent: The lease would provide that there be no material changes or additions to the property without the prior written consent of the City. 7) Mechanics ' Liens: The lease would provide the obligation of Lessee to pay or bond off any mechanics' liens within 30 days. 8) Environmental Protection: The lease would contain an environmental clause protecting the City against any environmental hazards arising during the term of the lease with a special indemnification clause in favor of the City pertaining to environmental matters. 9) Restrictions and Covenants: The lease would contain the following restrictions or covenants: a) That the property shall at all times be used as a memorial to the Holocaust and be opened and maintained for the use of the general public. b) No admissions shall be charged without the prior written consent of the City. c) That the Committee must provide around the clock private security throughout the year. d) That religious services would not be held at the Memorial. e) That the Committee remain a not for profit corporation. f) Neither the Holocaust Memorial property, nor any portion thereof, would be transferred, assigned or sublet without the prior written consent of the City. 10) Net Net Lease: The lease would be a "Net Net Lease" with all obligations of any kind pertaining to the property to be the sole obligation of the Committee, with no obligation whatsoever to the City. 11) Default and Remedy Clauses: The lease would contain default and remedy clauses. • 12) Limitation of Liability and Arbitration: The lease would contain the City's standard limitation of liability and arbitration clauses. 'pry Resolution Calling for a Public Hearing in September on Proposed 99 Year Lease with the Holocaust Memorial Committee, Inc. Page 3 July 22, 1992 If the City Commission acts favorably on the resolution calling for a public hearing in September, the City Attorney will continue to negotiate the specific terms of the lease during the summer break, so that a final agreement can be presented to the City Commission in September. PNB: lm C:\metros\hololeas.com Vitll?11Vt� RESOLUTION NO. 92-20563 Calling a public hearing to consider a request for a 99 year lease (or lease/purchase) to the Holocaust Memorial Committee, Inc. of the Holocaust Memorial property located at Meridian Avenue and Dade Boulevard.