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Res No 119-96-9873r. t s 14 1 RESOLUTION NO, 119 -96 -9873 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS & RECREATION PROGRAMS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL USE AGREEMENT WITH THE CAROD I, INC., d / b / a / SOUTH MIAMI GYMNASTICS CENTER FOR THE USE OF DANTE FASCELL PARK TENNIS COURTS IN EXCHANGE FOR GYMNASTICS AND SWIMMING LESSONS FOR THE PERIOD 'OF JUNE 12TH 1996 - 1998, SETTING FORTH TERMS AND CONDITIONS AS AGREEMENT WHICH IS ATTACHED AND MADE A REFERENCE, WHEREAS, THE CITY owns six Fascell Park and the South Miami center and swimming pool; and JUNE PART OF PART OF 11, THE BY (6) clay tennis courts at Dante Gymnastics Center owns a gymnastic WHEREAS, the South Miaiii Gymnastics Center has a desire to use the City's tennis courts; and WHEREAS, the City had a desire to have the South Miami Gymnastics Center provide gymnastic training and swimming lessons to South Miami residents; and WHEREAS, the cost associated with the services the South Miami Gymnastic Center would provide to the City would be approximately $8,400; and WHEREAS, the cost associated with the rental of the tennis courts, the City would provide to the South Miami Gymnastics Center would be approximately $2,300. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into an agreement with the South Miami Gymnastics Center for the mutual use of the City's Dante Fascell Park Tennis Courts in exchange for gymnastics and swimming lessons for the period of June 12, 1996 through June 11, 1998; setting forth terms and considerations as part of the agreement which is attached hereto and made a part hereof by reference. Section 2. This agreement /resolution immediately upon approval. shall take effect Page 2 of Res.' #119 --96 -9873 PASSEL} AND ADOPTED this 11th day of June 1996. ATTEST: APPROVED: CITY CLERK VICE MAYOR REAL) AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 4 -0 Mayor Cunningham`: Not present Vice Mayor Robana Yea Commissioner Price; Yea Commissioner Bethel: Yea Commissioner Young: Yea .QuQ1�yY4Da., Lrmoia •. 1.1_L: M ♦.rte � �'' w•.+1'� •�� 1 fit• r � 1,C) : may o.r &• CCJlTMI s s -i_ on Date June 5 19 9 : : dcf U. Ca Re : Agenda Item Cy3 .1._`z' MC:3ra�4ge:r commission MeetiiC � June 11, 199E Mutual Use Agreement .- sout_fo1 Gymnastics Center L 1J Cowen, , :D.L:rec:t,or of Parks & Recreation has negotiated with M :r_-• . .14)d i�� n c ::L c: �� �:�.rr� , o w n e r of the o u t* h Mi am �i_ Gymnastics C e ��� t. :r t o n c� �� Cr. t� . � . ��,:i_nt r a):i a. i hl he a :34 i th. City d � c each part .' es fat:��.1:it :i.es for the next two (2) years. M:rt . Mande l scam has a desire to use our Tennis Courts at Dante Fascco.111 pa.r]� in exchange :f. or providing tennis and swimming le s sons :Co:r � o South Miami res :i_dents on a year round :basis . Al though, not: :i YtC :IUd(,:!tz in the ac�:r "eement our understanding is to expand the number oof 13ou t: h. Miami participants .involved in the program at a later date a. :t rhc::. program proves successful for both parties. ':�'r�:,_ � Wit, a unique oppoie %ttwu.nitty to add �. gymn�st.ics progr��.m t.o ouj. par) s &- Recreat ion Department that will be second to none. 'rh.(- I �1 �Y o f ac11 d y Maxd- "1 m is p :r_ ov:1..de an opportu•:C I ty. w "L L h oea t- this t: yp e' of - . m that w i :J. l « :r � - c3- dvi ITIT � q e of . :I. r(-- �(..(.)•iYnnc:.nd app:r'owva.1.. �1C. /rns'f -. Ox a top to our citizens that rate facility and w:i...l l i would. not be a•va:l_.�c� ')•.l.c.0 arrangement • This :benef.wi_t: our citizens is a most and shout. d . c:l�eat: ive be t a:k: rl i•-j M � * r AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND CAROD I INC., d/b /a/ SOUTH MIAMI GYMNASTIC CENTER FOR THE MUTUAL USE OF THE CITY'S DANTE FASCELL PARK TENNIS COURTS AND THE SCHOOL'S GYMNASTICS CENTER, THIS AGREEMENT, entered into this day of June, 1996, between the CITY OF SOUTH MIAMI, a Florida municipality "City" and CAROD I INC., d /b /a/ SOUTH MIAMI GYMNASTIC CENTER, "SCHOOL". WITNESSETH. WHEREAS, City is the fee simple owner of the Dante Fascell Park, "Property" ; and WHEREAS, the School desires to use the City's Property on a regular basis for Tennis programs; and WHEREAS, the School agrees that the City's Property will not be used by the School in any manner that will interfere with other City recreational programs; and WHEREAS, the Mayor and City Commission of the City of South Miami at a public meeting of June 11th, 1996, authorize d the use of the Property on the terms and conditions set forth below as being in the best interests of the public and serving a valid public purpose. in consideration of the mutual covenants stated below NOW, THEREFORE, the parties agree as follows L The statements contained in the Whereas clauses are incorporated into this agreement. 2. City will allow the School to use certain tennis courts at the Dante Fascell Park Tennis Center for the following two (2) years including the summers of 1996 and 1997. During these periods, use of courts 3, 4, and 5 shall be as follows. Summer - Weekdays 12 :15 p.m. - 3:30 p.m. Court # 3 only - 9 :30 - 10 :30 a.m. (If during the term of this agreement the school wishes to use the courts in addition to the time agreed upon, the School will make this request in writing to the Director of Parks & Recreation Department. This request will be scheduled City recreational programs considered if the times requested do not interfere with 3. (a) The dollar value of the courts if rented by the school at the South Miami resident rate would be equivalent to $2,300 per annum. (b) Additionally, the School shall pay the salary for one (1) Park & Recreation Tennis Pro of the times noted above at the equivalent of $580.00 4. All payments and notices are to be made to - City of South Miami Parks & Recreation Department 6130 Sunset Drive South Miami, Florida 33143 and to the "School" at: South Miami Gymnastics Center 8530 Red Road South Miami, Florida 33143 5. School agrees that the sole purpose for which the Property may be utilized will be for tennis related activities for School purposes. No sheds, buildings or structures of any nature may be placed on the Property without the approval of City. • r r r-1 7* School agrees to the following: (a) Provide swimming and gymnastic lessons fo 7 years of age equivalent to the cost participating in the program will Recreation Department Staff. r 10 South Miami residents 5- 8,400 per annum. Children be selected by the school and Parks & (b) Lessons will be taught on Saturdays while the school is in session. 1). School is closed during Easter and Christmas vacation and during the month of August. Throughout the term of the agreement the City's responsibilities to the School shall be comprised of the following matters. (a) Through the Parks &Recreation Department, coordinate tunes and dates of classes with parents of participants. (b) Assure that parents of participants are transporting their children to and from the school. (c) Coordinate with parents of participants any registration or information required by the school. 8. The School shall not pledge this Agreement nor attempt to sublet all or any portion of the Property. 90 All property or items placed or moved on the Property shall be at the sole risk of the School- and the City shall not be liable for any damage to- such property or items. 100 The School shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any and all their Departments 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. f 1 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 the same shall be rendered untenantable, this Agreement shall be abated, until such time with the property is once again usable as tennis courts. 12. The School agrees to indemnify, defend and hold harmless the City from all claims, suites, actions, damages or causes of action arising on the City property other than for the City's own negligence during the term of the Agreement, for any personal injury, loss of life or damage to personal property sustained on the Property by School or any third party participating in any School activity. School shall maintain general liability insurance on the Property in amounts of not less than Five Hundred `Thousand Dollars ($5UU,000.) per occurrence, with City named as an additional insured. 13. It is hereby understood and agreed that any signs or advertising to be used on the Property shall be first submitted to City for approval before use of same and all signs shall conform to the City 14. sign ordinance. Any violation of any of the terms or cond itions of this Agreement by either party shall cause the termination of this Agreement upon sixty (60) days notice to either pay • 159 This agreement may not be modified, except in writing signed by both parties. IN WITNESS WHEREOF, the parties have hereunto executed this instrument for the oses u herein express this day of June, 1996. p � p Y WITNESS: CAROD I INC, d/b /a/ SOUTH MIAMI GYMNASTICS CENTER a Florida corporation r , _ ATTEST. CITY CLERK (CITY SEAL) Y' CITY By: /P, SOUTH MIAMI r r fA.