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Resolution 6743 RESOLUTION NO. 67+3 WHEREAS, it is deemed to be to the best interest of the City of Miami Beach to execute an agreement with the Miami Beach Exhibition Club, a draft of which is hereto attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that the Mayor and the City Clerk be and they are hereby authorized and directed to execute said agreement in the name of and on behalf of said City. PASSED and ADOPT7D this 19th day of January, A. D. 1949. -14-gef-; Mayor Attest: (;)‘t,) 772d'---x-r-zi-----s' City Clerk 1 v OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA THIS AGREEMENT, Made this day of January, A. D. 1949, between the CITY OF MIAMI BEACH, a Municipal Corporation of the State of Florida, hereinafter referred to as the "City" and MIAMI BEACH 'EXH"IBITION COMPANY, a Florida Corporation, herein- after referred to as the "Company", WITNESSETH..; `MFR.EAS, the Company is the holder of a franchise from the Florida International Baseball League for the playing of profes- sional baseball in the City of Miami Beach, Florida; and :i-EREAS, playing of baseball in the City of Miami Beach is deemed to be a public benefit affording amusement to the citizens and publicity to the City; and ':3HER.EAS, the City owns and maintains a baseball playing field and stands surrounding same, said playing field being illu- r:inated for night baseball playing; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and in further consideration of the sum of One ($1.00) Dollar paid by the Company to the City, it is agreed as follows: 1. The City grants to the Cor-pany the right and privilege to use that certain baseball playing field located within Flamingo Park, ? iami Beach, Florida, as well as the stands, locker rooms, artificial illumination, parking area and fences used in connection therewith, during the playing season for the year 1949, said sea- son to be determined by the schedule as made by the Florida Inter- national Baseball League, including the right to the use of said premises prior to the opening of the said playing season of said League so that the players of the Company may properly train and condition themselves, and it is also understood and agreed that the Company shall permit the use of the playing field as well as the stands, locker rooms, artificial illumination, parking areas and fences used in connection therewith, by the Miami Beach High -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA School Baseball Team, American Legion Baseball Team, and similar teams when authorized by the City so to dog and when such use does not interfere with the use of said field and facilities by the Company. 2. The City grants to the Company the right to maintain, rent and sell on the said premises soft drinks, sandwiches, candy, tobacco, food, and the right to rent rest-back seats or cushions, and to sell any other products usually sold in and about baseball parks, it being understood that the Company shall not have the right or privilege to maintain or sell intoxicating liquors of any kind, it being further understood that the Company may let a concession for the sale and rental of the items hereinbefore enumerated. 3. The Company agrees to pay the light bills for illuminant used on the said playing field, and to replace all burned or broken bulbs as same may be needed and to promptly clear the playing field, grounds and appurtenances of all debris and refuse after each day's use by the Company. In order to insure the City that the said light bills will be paid, the Company agrees to turn over to the City at the end of each and every week a sum equal to Twenty-five (525.00) Dollars for each night game performed in said week (it being approxi- mated that the light bill per night game will average slightly less than Twenty-five ($25.00) Dollars per game) , the said sum to be held in a separate fund by the City for the payment of the monthly light bills. In the event that the light bills from month to month shall be less than the said special fund, then the City shall return to the Company any such excess; in the event the fund so held shall not be sufficient to pay said light bills, then the Company will immediately, upon demand, turn over to the City any such deficiency. 4. It is specifically understood and agreed that the Company shall, at its own expense, and prior to any use by it of the premises and facilities above described, obtain public liability insurance with limits of not less than $100,O00.00 for induries to one person -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA and $300,000.00 aggregate for one accident, and property damage insurance of not less than $1,000.00, which policy of insurance and Company writing same, shall have been approved by the City Attorney of Miami Beach, and such insurance shall be maintained by the Company in full force and effect during the entire period of the use by the Company of the above described premises and faci- lities. 5. It is specifically understood and agreed between the parties hereto that this Agreement is being entered into by the City because of the advantages accruing to the City by reason of publicity and because of the amusement to be afforded to the in- habitants of the City. It is, therefore, the intention of the parties hereto that the said privilege herein granted by the City to the Company shall be used in a manner befitting a City and it is hereby agreed that the Company will operate in compliance with all the rules and regulations of the National Association of Professional Baseball Leagues and in a first class manner. It is specifically understood and agreed between the parties hereto that the Company will make every reasonable effort to assist the City so that there will be no violation of any Federal, State or Municipal law, the parties hereto being particularly concerned with the elimination of gambling of any kind whatsoever on and about the said premises during the playing of baseball games, it being under- stood that in the event the Company permits gambling on and about the said premises, and makes no reasonable effort to eliminate same, that the license hereby granted may be terminated and cancelled at the will of the City. It is understood and agreed that this agreement shall be null and void in the event there is any change in the ownership of the stock in the Company, unless such change in ownership shall have been approved by the City. -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA IN :°.IT ESS WHEREOF, the City has caused these presents to be executed in its behalf, by its proper officers, and its seal to be affixed, and the Company has caused these presents to be executed in its behalf by its proper officers and its seal affixed at Miami Beach, Dade County, Florida, this day of January, A. D. 1949. CITY OF MIAMI BEACH a Municipal Corporation By Mayor Attest City Clerk MIAMI BEACH EXHIBITION COMPANY, a Florida Corporation By Pres,ent Attest: ecretary OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA I g ^^1` _OJ ^W T W - `V T 0 Pi O en 4-I 51 rfl C^- O W r-iH ctN •C0- 04 Cd V! O U ,Q 1-7 • n-1 CSS dA H U Va IZ H N cd 0 a o h0H O\ V) N -N H O � 0 .0 !aivi <y O' 0d