1961-457{ ORDINANCE NO.40
ORD. _ E' ` F: _THE Ck OF.`,.SOUTH_ M XMI,
AUTt ORI THE CIiI'Y MA'�1 „ �R yOt RHTER, I VTO A
LEASE AGR LE S1 UNTO MIAMI
UNTO S
JUNIOR ATHLETIC LEAGUEy CBMIN s CONCESSIO�i
RIGxHTSAT THE SH MIAMI JUN! H' SCH(
ATHLETIC "FIELD FOR A`TERM BEGINNING APRIL 15,
1961 AND ENDING JANUARY 31, 1963.
WHEREAS, a public hearipg was held before >the city council of
the City of South Miami, Florida, on March 2P 191, pursuant to
notice legally "i`ssued and advertised by the City Clerk, and
WHEREAS, the Citiy Counci °1 find§ "Chat i�t`i8, to `ttie„ best iti�'�erest
of the to, enter into a lease agreement withTSouth Miami Junior
Athletic League covering the refrestunent concession rights at South
Miami Junior High School Athletic Field.
NOW,iTHEREFORE, BE`fIT'URDAINED BY THE MAYOWAND CITY COUNCIL
`c c- OF CITY OF�SOUTH MIAMI, FLORIDA:
_ 1. That the City, Manager is hereby
authorized and directed
to execute on behalf�°of the City a lease agreement leas "ing refresh -
e: ment'''boncessiori and 0 ilities''located on-' -the South Miami Junior
High School Athletic Field, to the South Miami Junior Athletic
League; for a term beginning April 15 196.1 and ending January 31,
1963; a copy of the proposed lease being attached hereto and made
�- a part of this Ordinance by reference as if set forth in full.
2;. a Be it further Ordained ' Vhat in the event. `any., portib
n
y 11 be, -he,ld to be void, inco sistent or of no
effect b a court of 'competent "jurisdiction, such holaing shall in
no ways affectnor disturb the remaining portions of this ordinance.
$ p in nce.
PASSED AND ADOPTED this 4th day of April A. D. 1961.
res ing Officer, City Coun=c
ATTEST:
City Clerk
i
I-
THIS AGREEMENT made'the day of April, 1961,
by and between CITY OF SOUTH MIAMI, FLORIDA, a municipal
corporation existing under the laws of the State of Florida,
herothifter referred to as the City, and SOUTH MIAMI
JUNIOR AT LEAGUE, a corporation not for profit
existing under tho laws of tho State of Florida, herein- _
after referred to as the League.
WITNESSETH:
WHEREAS, the City has in the past, and again
contemplates conduoiing certain recreational program on
or at its recreational area located on Ludlum Road at
approximately 62nd Street; said area being commonly
referred to as the South Miami Junior High School Athletic
Field, and
WHEREAS, the City is desirous of furnishing
or providing refreshment facilities for the convenience
of the spectators and participants in such program, and
WHEREAS, the League is desirous of furnishing
and /or operating the said refreshment facilities, and
contributing any profit to the furtherance of a recreational
program for the youth of the area.
WHEREAS, both parties hereto feel that such
facilities could bent be operated or furnished by private,
rather than muniApal operation.
�j- NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWSs
1. The City in consideration of the sum of
One Dollar ($1.00), cash in hand paid by.the League, the
receipt of which is hereby acknowledged, and of the rents
to be paid by the League as hereinafter set forth, and
of the covenant and agreements stipulated by, mutually
kept and performed by the parties hereto, does hereby
I e 6
4
trade, demise, lease, and let upon the terms and
condition's hereinafter stated to tho League the following
described promises:
Mat certain refreshment stand
lb° dated on the City reoreatilonfil,
area commdnl k South Mthmi
Junior Wigh' KohnowInAtahletlo Field
-and legally described as Sp of NE1
6,? SE4 of 11M.I. of Section 26, Town- n"-
ship 54 South$ Range 40 East, lylit
and situate In Dade County-1 Florida.
2. To have And hold the same unto , the League
from the 15th day of April, 1961, until the 31st day of
January,: 1963.
3. League shall,7pay City as rent Therefore
d"ing said teem, the sum of One Dollar( 01.00) per annum,
payable annually on the 15th day of April In advance.
4. The premises demised and leased are to be
used by the League for the sole purpose of selling or
providing light refreshments to the public. The refresh-
monts stand shall be open only 'during such times as the
City's recreational program is In operation on the adjoining
athletic field. The League being expressly forbidden to
operate the refreshment stand or concession during such
hours as the qdjoinIng public schools are being used for
Instructional purposes.
5. The League 'during the term hereof, and RA
a condition of this lease, Is expressly forbidden to sell
or furnish Intoxicating beverages or tobacco products. ,
6. The League further covenants and agrees that
it will, at Its own expenso, dtu-ing the continuation of this
lease, keep the said promises and every part thereof In an
good repair and at the expiration of the term yield and
deliver up the some in like condition as whon taken, reason-
ablo use and wear thereof and damage by the olo1meiits
excepted.
-2-
SOUTH MIAMI JUNIOR ATHLETIC LEAGUE
`
Attest: By -
P
r_
?. The League agrees to indemnify and save
harmless the City from any and all claims arising by
virtue of the League's operation or possession_ of the
'
premises demised hereby.
8. The City may terminate this lease at any
a
time, by ivi
6 n£S the League 30 days written notice.
Said written notice to be mailed or delivered to the
fr,
i,
League's agent for this purpose, Clyde - Taylor, o%
Miami Land!Qompany, 5957 Ponoe do Leon Boulevard, Coral
Gables, Florida. The.City'may in the absence or inavail-
'
ability of the aforementioned agent, serve notice of
e
termination upon any director or officer of the League.
IN WITNESS WHEREOF, the parties hereunder have
i
cause these -
presences to be signed in their corporate
nacres by their representative undersigned officers and
their corporate seals to be affixed the day and year
above written.
CITY OF SOUT M AMI, FLORIDA
l z-
t.
Attest:
' By
ity Manager
Oputy r er
SOUTH MIAMI JUNIOR ATHLETIC LEAGUE
`
Attest: By -
P
r_
i
_STATE OF FLORIDA )I
)
COUNTY OF DADE )
I, an officer authorized to take acknowledgments
hereby certify that C. B. PETRY and E. CARBALLO, respectively
as City Manager and Deputy City Clerk of the City of South
Miami, to,'me personally known, this day acknowledged before
me that they executed the foregoing lease as such officer's
of said municipal corporation, and that they affixed thereto
the official seal of said municipal corporation, and I
i
furtlar certify, that I know the said persons making s`Aid
acknowledgment to be the individuals described in and who
executed the said lease.
Ill wITNESs ' HidtEOr, I hereunto set my, hand and
official seal at South Miami, said County and State, this
�cLday of April, A.D. 1961.
Nothry Public, Stad o ors, a
at Large. Notary Pub! C, State of Ponda at Large
My Commission Expirest fAy Comm;ss:on Exp -res July 1s, 1963
GonSed by American Surety Co. of N. Y,
STATE OF FLORIDA )
COUNTY OF DADE )
I, an officer aut or zed ake acknowledgments
hereby oerti'y t at and
, , respect y as
o
the South Miami Jiihlbt Athleeti League, to me
personally. known, `this day acknowledged before me that
they executed the foregoing lease as .sash officers of
said corporation, and that they aff fixed thereto the
ofPic "i'al seal of said corporation and I further certify
that I know the said persons'mak &9 said acknowledgment
to be the individuals described in and who executed the
said lease.
IN WITNESS WHEREOF, I hereunto set my hand and
offial seal at South Miami, said County and State, this
i�. -day of April, A.D. 1961.
Notary �yl� tate or. orida
at Large'.
My Commission Expiress
MA