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73-13924 I RESOLUTION NO. 73-13924 WHEREAS, the MIAMI BEACH POLICE ATHLETIC LEAGUE, INC . , a non-profit Florida corporation has requested the CITY OF MIAMI BEACH, FLORIDA to let and to lease to the said POLICE ATHLETIC LEAGUE a parcel of land in Flamingo Park for use by said POLICE ATHLETIC LEAGUE, for the benefit of the youth of the community and to enable our youth to participate in health- ful sport and recreational activity, for a term of five (5) years under appropriate conditions and provisos, and WHEREAS, an appropriate lease agreement setting forth the terms and provisions of such use has been submitted to the City Council, and the City Council of the City of Miami Beach finds and determinesthat the entry into such lease agreement with the said MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , is in the best interests of the City and its citizens and residents, NOW, THEREFORE , BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk-Finance Director be and they are hereby authorized and di- rected to execute said lease agreement for andin behalf of the said City of Miami Beach. PASSED and ADOPTED this 21st day of February, 1973. ..,4 p / etNAAC-,))....1 Mayor Attest : Rwi, e, wc„,,,e,..... City Clerk-Finance Director 44i Toutuct k-30-611# '61214A I 0 OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 I AGREEMENT THIS AGREEMENT made and entered into this 21st day of February, 1973, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as the "Lessor, " which term includes its successors and assigns, and MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , a Florida non-profit corporation, hereinafter referred to as the "Lessee", which term includes its successors and assigns. WITNESSETH : WHEREAS, the Lessor and Lessee, for and in considera- tion of the satisfactory performance of the mutual covenants herein contained, and for other good and valuable considerations, the parties do hereby agree as follows : 1. That the Lessor hereby leases to the Lessee certain agreed uprn land, as delineated and shown on the attached map or sketch attached hereto and incorporated herein by reference for the purpose of building, maintaining and utilizing the same as and for a recreation center. 2 . This lease shall commence on the 21st day of February, 1973, and shall continue in effect upon the terms and conditions set forth herein for a term of five (5) years, and shall thereafter continue as a tenancy at will which tenancy at will shall be terminable by either party, upon ninety (90) days ' written notice. 3. The Lessee covenants and agrees to erect initially on the land hereby leased, a building conforming to the require- ments of the South Florida Building Code having dimensions of 25 feet by 67 feet, with the expectation and anticipation by the Lessee that said proposed building shall be increased in dimen- sions. It is proposed by the Lessee that construction thereof shall commence within thirty (30) days following the date of the execution and delivery of this lease. The design and structure - 1 - OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE--MIAMI BEACH, FLORIDA 33139 of said building and any extension thereof shall be subject to the approval of the Lessor, particularly with reference to its appropriateness as to utility and appearance in its surroundings. 4. The Lessee covenants to pay all utility bills, and maintenance costs of said building. 5. All building and improvements constructed under the provisions hereof shall be deemed to be personal property and title thereto shall at all times remain vested in the Lessee. 6. The Lessee covenants to employ and utilize super- visory employees who will coordinate all activities with the Lessors Park and Recreation Department, so as not to interfere with the operation of the latter' s programs and operations. 7. The Lessee agrees to obtain and maintain through the period of this agreement, public liability insurance on the aforesaid property, which insurance shall be issued by a company or companies authorized to do business under the laws of the State of Florida, the minimum limits of such insurance to oe in the following amounts : Bodily injury: One Hundred Thousand Dollars ($100, 000.00) for injury to one person; Three Hundred Thousand Dollars ($300, 000.00) for one accident. Property Damage : Ten Thousand Dollars ($10, 000.00) for one accident; Twenty Thousand Dollars ($20, 000.00) aggregate. The Lessee further agrees that a certified copy or copies of the; policies of insurance evidencing such insurance as described herein shall be filed with the Lessor by the Lessee upon execution of this agreement, and such insurance shall contain the following endorsement: "Endorsement. "The Lessee, MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , hereby agrees to indemnify and save harmless the CITY OF MIAMI BEACH, a Florida municipal corporation, its officers , agents and employees, from all claims of bodily injuries to the public and all damage to property of others, including costs of investi- - 2 - OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 • "gation, all expenses of litigation, including reasonable attor- neys ' fees and the cost of appeals arising out of any such claims or suits because of any and all acts of ommission or commission of and by the Lessee, MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , his agents, servants or employees or through the mere existence of the aforesaid property. "The foregoing indemnity agreement shall apply to any and all claims or suits as determined by a court of competent jurisdiction, and the Lessee, MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , shall specifically and distinctly assume all responsibility for reporting any and all accidents, claims or suits arising out of or in any way connected with the aforesaid property. " The Lessee further agrees that there shall be no change or cancellation of this insurance without thirty (30) days ' written notice provided to the Lessor. 8. The Lessee hereby agrees not to assign this lease without the prior written consent of the Lessor and that any assignment of this lease by the Lessee without the prior written consent of the Lessor shall in no way bind the Lessor. 9. The Lessee agrees not to alter, modify, construct or reconstruct the aforesaid leased premises without first having obtained the written consent of the Lessor, and further agrees that any furnishings, or other items which the Lessee has placed upon the said premises shall be immediately removed upon notifi- cation by the Lessor of the termination of this Lease Agreement. IN WITNESS WHEREOF, the Lessor has caused these presents to be signed in its corporate name by its proper duly authorized officers and its corporate seal to be hereunto affixed, and the Lessee has caused these presents to be signed in its corporate name by its proper duly authorized officers and its corporate - 3 - OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139 i y seal to be hereunto affixed, the day and year first hereinabove written. CITY OF MIAMI BEACH s Mayor Attest : Pik (3 I -) City Clerk-Fi ance Director 44( (,(tC "€4 1—$14V v_7 462-x MIAMI BEACH POLICE ATHLETIC LEAGUE, IJTE. 7 Attest : - 4 - OFFICE OF CITY ATTORNEY—1130 WASHINGTON AVENUE—.MIAMI BEACH, FLORIDA 33139 1 r D Z 0 m , FCy K• r Y ti M/G.//6..Al A V. UE I-4 6 7' _'t • '1 rn fL y DIS N l'i H Zy D c;1 C J' tk I p — r.,•,.ni— R� m t. ' Z' iI SEP 'f.'/.7-5.0,A./ 5n 1 ZM I D 1 C N . 1 `I i n