Res. No. 050-90-9076RESOLUTION NO.50-90-9076
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE MAGG
BASEBALL LEAGUE FOR THE USE OF MURRAY PARK.
WHEREAS,the City •alntalns baseball fields at Murray
Park;and
WHEREAS,the City Administration recoaaends that the
MAGG Baseball Leaguebe peraltted to use the fields pursuant to
teras and conditions established by the City.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the City Manager is hereby authorized
to execute this use agreement between the City and the MAGG
Baseball League attached hereto as Exhibit "1".
PASSED AND ADOPTED this 3rd day of April 1990
APPROVED:
CITY CLERK
READ AND APPROVED ASTO FORM:
CITY ATTORNEY
*.,-a-y,--r-••-
AGREEMENT BETWEEN THE CITY OF SOOTH MIAMI
AMD THE MAGG LEAGUEFORTHE USE OF THE CITY'S
MURRAY PARK FIELD
THIS AGREEMENT,entered into this dayof
1990 between the CITY OF SOUTH MIAMI,hereinafter referred toas "City"and
THE MAGG LEAGUE,hereinafter referred to as the "League".
WITNESSETH:
WHEREAS,Cityisthefee simple owner oftheMurrayPark Fields,said
land hereinafter referred toas the "Property";and
WHEREAS,theLeagueis desirous of using thePropertyfromCityona
regular basis for the sole purpose of utilizing the Property asan athletic
field to accommodate the Leagues's baseball programs;and
WHEREAS,theLeagueagrees that the rights andobligationscontained
in this use agreement mayinnowaybe utilized bytheLeagueto interfere
withother City recreational programs;and
WHEREAS,theMayorandCity Commission oftheCityofSouthMiamiat
a public meeting of _,1990 authorized the use of Property on the -
termsandconditionsasset forth below asbeinginthe best interest ofthe
public and serving avalid public purpose.
NOW,THEREFORE,theparties hereby agreeasfollows:
1.City willallowtheLeaguetousetheBaseballFieldoftheProperty
during the period commencing ,through September 30,for the year
1990.
During these periods,useof the Baseball Field shall beas follows;
Monday8:00 p.m.-10:00p.m.
Wednesday8:00 p.m.-10:00p.m.
Thursday8:00 p.m.-10:00p.m.
Friday8:00 p.m.-10:00p.m.
Notwithstanding this above schedule,the City reserves therightatanytimeto
amendor cancel anyhoursorscheduledactivity upon twenty-four hoursnotice,
with the league to receive a pro-rated adjustment on the weekly rental forany
hours cancelled.
2.Inreturnfortheuseofthe Fields,theCityshall receive the
amountofOne Hundred andTwenty Dollars perweekplus tax.
3.All paymentsandnoticesaretobemadetoCityat:
Office of the Recreation Director
City of South Miami
6130 SunsetDrive
South Miami,Florida 33143
and to League at:
Henry Solis
3581 S.W.117Ave.
Miami,Florida 33175
A.League agrees that the sole purpose for which the Property may
be utilized will be for athletic activities for League purposes.No sheds or
buildings or structures or any nature be placed on the Property without the
approval of City.
5.League agrees to improve the Property prior to May 1,1990 as
follows:
(a)Install cement flooring in dugouts.
(b)Install new players bench.
All improvements listed as (a)-(b)above must be completed by May 30,1990,
or a mutually agreeable time,or this Agreement shall be void.All improvements
to the Property,of whatever nature,including fixtures,are to inure to the
benefit of City and may not be removed by League at the expiration of this
Agreement or any renewal hereof.
6.Throughout the term of this Agreement the City's responsibilities
to the League shall be comprised of only the following specifically itemized
matters:
(a)Installation of all bases,tie-downs for bases,home plate
and pitching rubbers.
(b)Field watering,dragging,striping for games as needed,to
be determined in the discretion of the City.
fc>Maintenance of irrigation equipment,dugouts concession
stand,bathrooms and backstop/dugout fencing.
7.In no event shall the League charge a fee for parking to attend
League activities on the Property.League agrees that parking shall be soley
for League functions,as permitted by City,and no designated parking
ehall be provided to any League personnel,or other individual,business or
entitywhatsoever.
8.The League will donate $500 dollars per season to the City's Youth
Football/Cheerleader program.
9.The League shall not assign or pledge this Agreement nor attempt
tosubletallorany portion ofthe Property.
10.All Property or items placed or moved onthe Property shall be
atthe sole risk of the League and the City shall notbe liable forany damage
tosuch property or item.
11.The League shall promptly execute and comply withall statutes,
ordinances,rules,orders,regulations and requirements ofthe Federal,State
and City Govenment and of any and all their Department and Bureaus applicable
to said Property for any purpose,including the correction,prevention and
abatement of nuisances or other grievances,regarding said Property during said
term;and shall also promptly comply with all rules,orders and regulations
of the applicable fire prevention codes and for the prevention of fires,at
League's own cost and expense.
12.IntheeventthePropertyshallbedestroyedorsodamagedor
injured by fire or other casualty during the life of these Agreement,whereby
thesame shall be rendered untenantable,this Agreement shall be terminated,
and the amounts specified in paragraph 2 above shall be paid only to the date
of such fireorcasualty.
13.Theprompt payment oftheamountsinparagraph2aboveforthe
Property upon the dates named and the faithful observance of all conditions of
this Agreement andof such other and further rules or regulations asmaybe
hereafter made by City are the conditions upon which the Agreement ismadeand
.uwLc^tcd Jud :-,•—.'--"...........-.........~.-±<-*-?r.:-"'*7"f^;;'*1':\:the terms of said
Agreement or any of said rules and regulations nowin existence,or which may
be hereafter prescribed by City shall,at the option of City,worka forfeiture
and shall terminate this Agreement.
14.TheLeagueagreestopaythecostof collection andreasonable
attorney's fees on any part of said amounts that may be collected by suit.
Additionally,any delinquent payments due the Cityshallbe assessed a ten(lOZ)
percentperannuminterest charge.
15.The League agrees to indemnify,defend and hold harmless City
from all claims,suits,actions,damages or causes or action arising during the
term of this Agreement,including reasonable attorney's fees and costs for any
personal injury,loss of life or damage to personal property sustained on the
Property by League or any third party participating in any League activity.
League shall maintain general liability insurance on the Property in amounts
of not less than Five Hundred Thousand Dollars (500,000)per occurrence,with
City named asanadditional insured.
16.It is hereby understood and agreed that any signs or advertising
tobeusedinconnectionwiththePropertyhere-undershallbeforstsubmitted
toCityforapprovalbeforeuseof same.
17.Any violation of any of the terms or conditions or this Agreement
by either party shall cause the termination of this Lease upon Ten(10)days notice
to either party.
18.This Agreement may no be modified,except in writing signed by
bothparties.
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IN WITNESS WHERBCF,the parties have hereunto executed
this instrument for the purposesherein express this
day of ,1990.
wroessESS:
ATTEST:
CITY CLERK
(CITY SEAL)
y
MAGG I£AGUE,
By:
CITY OF SOUIH MIAMI
By:
CITY MANA(32*