Resolution 7131 •
RESOLUTION NO. 7131
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-T:EREAS, it is deemed .to be to the best interest of
the City of Miami Beach to execute en 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 ADOPTED this' 15th day of March, A. D.. 1950 .
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Attest: Lw
City Cie,
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
THIS AGREEMENT, Made Ma _ day of March, A. D. 1950,
between the CITY OF MIAMI BEACH, a Municipal Corporation of the
State of Florida, hereinafter referred to as the "City" and
'IAMI BEACH ' NIB/TION copTAKr, A Florida Corporation, hereinafter
referred to an the 'Comp ny" ,
WITN1 5SU `i H :
:REAS, The Company is the holder of a franchise from the
Florida International Baseball Lea ue for the plying of profee-
atonal baseball in the City of Miami Beaoh, Florida; and
SAS, playing of baseball in the City of Miami Beaoh in
deemed to be a public benefit affording amusement to the citizens
nod. publicity to the City; and
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WAS, the City owns =and maintains a. baseball playing
field and stands surrounding same, said playing field being illu-
minated for night baseball playing;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, and in further oonei8erptinn of lesip sus off" •1'. .-:P'S
one ($1.00) Dollar paid by the Company to the City, it is agreed •
qi follows:
1. The City grants to the Company the right and. privilege
to use thrl. certain baseball playing field loer.ted within Flamingo
Park, Miami. Beach, Florida, as well as the stems, locker roams,
artificial illumination, parking area and fences used in connection
therewith, during the playing season for the year 1950 , said sea-
son to be deterr:ined 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 co 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, artificirl illumination, parking areas
and fences used in connection therewith, by the Miami Beach High
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 do, end when such use
does not interfere with the use of sold field end facilities by
the Company.
2. The City grants to the Comeany the right to maintain,
rent and sell on the said premises soft drinks, sendwichss, Bendy,
tobacco, food, and the right to rent rest-back seats or cushions„ Apaiimim
to sell any other products usually sold in gond about besebc it parks,
it being understood that the Company shell not have the right or
privilege to maintain or sell intoxicating liquors of any kind, it
being further understood that the Company m{^y let . concession for the
scale and rental of the items hereinbefore enumerated.
3. The Company agrees to pay the light bills for illuminant
n . used on the said playing field, and to replace all burned or broken
bulbs as seem may be needed and to promptly oleer the pL ying field,
grounds and appurtenrnees of all debri s end refut;a after en ch days e
use by the Company. In order to insure the City th=zt the said light
bills will be paid, the Company agrees to turn over to the City at
.
the end of each end every week a sum equal to Twenty-five ($25.00)
idlers for each night gal me• performer in said meek (it being approxi-
mated that the list bill per night game will averr>ge slightly less
than Twenty-five ($25.0r)) Doll rs per g'ne) , 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 speoi ei fund, then the City shell return to the
Company Any mach excess; in the event the fund so held shall not be
sufficient to pay said light bills, then the Company will immediately,
upon demend, turn over to the City any such deficiency.
4. It is specifically understood end agreed thr.t the Company
shall, at its own expense, and prior to any use by it of the premises
and facilities above described, obtain public liability i.nsurr=nce
with limits of not lees than $101,000.00 for injuries to one person
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
and ;300,000.00 aggregate for one accident , and
property da.>aage:
insurance of not less than 61,000.00, which policy of insurance
and Company writing came, 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 fees--
lities.
5. It is specifically understood and agreed between the
parties hereto that thin 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 herebyagreed tht the all
Company will operate in oompli.rnae with
the rules and regulations of the National Association of Professional
Baseball Leagues and in a first class m:=neer.
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 eliminfiti^n of gambling of any kind whatsoever on and about the
said premises during the playing of baseball gainer, it being under-
stood that it the event the Company permits gambling on and about the
said premises, and makes no reasonable effort to eliminate same,
that the license hereby gmnted may be terminated and cancelled at
the will of the City.
It is understood and agreed that this agreement laull1 be null
and void in the event there is any ahange in the ownership of the
stock in the Company, unless such Change in ownership shall have
been approved by the City.
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
IN vITNE.35 WHEREOF, the City his otmsed. these , - fps te; to
be executed in its behelf, by its proper offioers, f;nd its seal
to be affixed, and the Conn. nray ins caused these presents to be
executed in its behzaf by its proper officers and its seal affixed
at Miami Beach, Dade County, Florida, this day of March,
A. D. 1950.
CITY OF MIAMI BES,
a Municipal Corporation
By
Mayor
Attests
` ler
MIAMI BEACH EXHIBITION COMPANY,
a Florida Corporation
reeie?en t
aeoretnry
OFFICE OF CITY ATTORNEY - CITY BAIL - MIAMI BEACH 39, FLORIDA
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