Res. No. 148-90-9076RESOLUTION NO.148-90-9076
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY
ADMINISTRATION TO ENTER A CONTRACT WITH THE MAGG LEAGUE
FOR THE NON-EXCLUSIVE USE OF THE CITY'S J.E.MURRAY
PARK
WHEREAS,the Magg League has heretofore operated its
baseball program at the City's J.E.Murray Park,thus providing
recreation for the adults of this area and revenue tothe City
£or the use of the Park;
WHEREAS,the relationship has been favorable and the
Administration now requests authority to enter into another one
year contract,a copy of which is attached hereto;and
WHEREAS,the Mayor and City Commission wish to authorize
the use of the Property on the terms and conditions as set forth
therein as being in the best interests of the public and serving
a valid public purpose;
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The Administration of the City of South Miami
be,and hereby is,authorized to enter into the attached contract
with THE MAGG LEAGUE for the use of the Baseball Field at J.E.
MurrayPark during the period commencing October 1,1990 through
September 30,1991,upon a responsible basis,including the
weekly payment to the City of$120.00 per week plus tax.
PASSED ANDADOPTEDthis 18 thdayof December,1990.
READ AND APPROVED AS TO FORM:
CITY*ATTORNEY J
AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND HENRY SOLIS D/B/A THE
MAGG LEAGUE FOR THE NON-EXCLUSIVE
USB OF THE CITY'S J.E.MURRAY PARK
THIS AGREEMENT,enteredintothis dayofNovember,
1990betweentheCITYOFSOUTH MIAMI,aFloridamunicipal
corporation,hereinafter referred toasthe "City"and HENRY
SOLIS d/b/a THE MAGG LEAGUE,hereinafter referred to as the
"League";
w i TNESSETH:
WHEREAS,theCity is the fee simple owner of J.E.Murray
Parkat6700S.W.58th Place,SouthMiami,Florida,said land
hereinafter referred toasthe "Property";
WHEREAS,the Leagueisdesirousofusingaportionof the
Property fromthe City ona regular basisforthe sole purpose of
anathleticfieldto accommodate the League's baseball programs;
and
WHEREAS,the Mayor andtheCity Commission oftheCityof
South Miami at a public meeting of ,1990
authorized the use of the Property on the terms and conditions as
setforthbelowasbeinginthebestinterestsofthepublicand
serving a valid public purpose.
NOW,THEREFORE,forandin exchange ofthe mutual covenants
hereinafter set forth,thepartiesheretodonowagreeas
follows:
1.The City will allow the League touse the Baseball
Fieldofthe Property during the period commencing October 1,
1990 through September 30,1991.
During these periods,useof the Baseball Field shall beas
follows;
Monday8:00 p.m.-10.00 p.m.
Wednesday 8:00p.m.-10:00p.m.
Thursday8:00 p.m.-10:00 p.m.
Friday8:00 p.m.-10:00 p.m.
Notwithstanding this above schedule,the City reserves the right
at any timeto amend or cancel any hoursor scheduled activity
upon twenty-four hours notice,with the League to receive apro
rated adjustment onthe weekly rental for any hours cancelled.
2.InreturnfortheuseoftheProperty,theCityshall
receive the sum of One Hundred Twenty Dollars ($120.00)per wee*
plus tax.
3.All payments and notices are tobe made as follows:
to the City:
Director,Recreation Department
South Miami City Hall
6130 Sunset Drive
South Miami,Florida 33143
to the League:
Henry Soils
3581 S.W.117 Ave.
Miami,Florida 33175
4.League agrees that the sole purpose for which the
Property may be utilized will befor athletic activities for
Leaguepurposes.The League agrees that the rights and
obligations contained inthisuse agreement mayinnowaybe
utilized bythe League to interfere with other City recreational
programs.
5.Noshedsorbuildingsorstructuresofanynaturebe
planed onthe Property withoutthe approval ofCity.Any
improvements tothe Property,ofwhatever nature,including
fixtures,areto inure tothebenefitofCityandmaynotbe
removedbyLeagueattheexpirationofthisAgreementorany
renewal hereof.
6.ThroughoutthetermofthisAgreementtheCity's
responsibilitiestotheLeagueshallbelimitedtoonlythe
following specifically itemized matters:
(a)Installationofall bases,tie-downs,homeplate
and pitching rubbers.
(b)Field watering,dragging,striping for games a*
nee&ed,tobe determined inthe discretion oftheCity.
(c)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 onthe Property,League agreesthat
parking shall be solely for League functions,as permitted by
City,and no designated parking shall be provided to any League
personnel,orotherindividual,businessor entity whatsoever.
8.The League shall not assign or pledge this Agreement
norsubletallor any portionoftheProperty.
9.All property or items placed or moved on the Property
shall beatthesoleriskofthe League andthe City shallnotbe
liable for anylossordamagetosuchpropertyor items.
10.The League shall promptly execute and comply,at the
League's cost and expense,with all statutes,ordinances,rules,
orders,regulations and requirements ofthe Federal,State and
CityGovernmentandofanyandalltheirDepartmentsandBureaus
applicable tosaid Property for any purpose,including but not
limited to,health regulations;the correction,prevention and
abatement of nuisances orother grievances;and fire prevention
regarding said Property during the term of this Agreement.
11.In the event the Property shall be destroyed or so
damaged or injured by fire or other casualty during the life of
this Agreement,whereby thesameshallbe rendered untenantable.
this Agreement shall be terminated,and the amounts specified in
paragraph 2 above shall be paid only to the date of such fire
casualty.
12.The prompt payment of the amounts in paragraph 2 above
forthe Property upon the dates named and faithful observance of
all conditions ofthis Agreement andof such otherandfurther
rules or regulations as may be hereafter made by the City are the
conditions upon which the Agreement is made and accepted.Any
failure onthe part ofthe League tocomplywiththetermsof
said Agreement or any ofsaidrulesand regulations nowin
existence,orwhichmaybehereafterprescribedbythe City,
shall,at the option of the City,work a forfeiture and shall
terminate this Agreement.
13.The League agrees topaythe cost of collection and
reasonable attorney1s fees orany part ofsaidamountsthatmay
becollectedbysuit.Additionally,any delinquent paymentsdue
theCityshallbe assessed aten (10%)percent per annum interest
charge.
14.TheLeagueagreestoindemnify,defend,andhold
harmless theCityfromallclaims,suits,actions,damages cr
causes ofactionarisingduringthetermofthis Agreement,
including reasonableattorney's fees andcostsforanypersonal
injury,including,butnotlimitedtolossof life,or damageto
personal property sustainedonthePropertybytheLeagueorany
third party participatinginanyLeagueactivity.The League
shall maintain general liability insurance ontheProperty in
amountsofnotleas than FiveHundred Thousand Dollars ($500,000)
per occurrence,with the City named as an additional insured.
15.It is hereby understood andagreedthat if anysignor
advertising is proposed to be used in connection with the
Property bytheLeague,it shall befirst submitted tothe City
for approval before use of same.
16.Any violation of any of the terms or conditions of this
Agreement by either party shall cause the termination of this
Leaseuponten(10)days notice to either party.
17.This Agreement maynotbe modified,except in writing
signed byboth parties.
IN WITNESS WHEREOF,the parties have hereunto executed this
Agreement for the purposes expressed herein this day of
December,1990.
Witness**asto League:
Witnesses as to City:
HENRY SOLIS d/b/a MAGG
LEAGUE
CITY OP SOUTH MIAMI
by.
William P.Hampton
City Manager
Attest:
Rosemary Wascura
City Clerk
(CITY
SEAL)