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Resolution 80-16360 RESOLUTION NO. 80-16360 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH OPTIMIST CLUB OF IVES ESTATES FOR LEASE OF A PORTION OF THE CITY' S "OJUS DUMP PROPERTY", COMMENCING OCTOBER 1, 1980 TO SEPTEMBER 30 , 1985. WHEREAS, the Optimist Club of Ives Estates has requested a renewal of its lease of a portion of the City 's "Ojus Dump Property" , for a period commencing October 1, 1980, and terminating on September 30, 1985, for use as playground facilities ; and WHEREAS, appropriate insurance policies have been pro— cured by said Optimist Club in accordance with the requirements of the City Manager; and WHEREAS, the City Manager has recommended the entry into an agreement extending said lease for said period of time ; and WHEREAS, an appropriate agreement with the Optimist Club of Ives Estates has been prepared and has been approved as to form by the City Attorney, the terms and conditions of which are set forth in said agreement, a copy of which is attached hereto and made a part hereof; and WHEREAS, the City Commission of the City of Miami Beach deems it to be in the best interests of the City and its residents to enter into said agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be and they are hereby authorized and directed to execute said agree— ment on behalf of the City of Miami Beach, Florida. PASSED and ADOPTED this 20th day of August, 1980. May . Attest: City Clerk FORM APPROVED LEGAL DEPT. By — t ,_... Date G l�+ $' BMS/el X OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 AGREEMENT THIS AGREEMENT made and entered into this 20th day of August , 1980, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, its successors and assigns, here- inafter called the "City" , and OPTIMIST CLUB OF IVES ESTATES, a Florida non-profit corporation, its successors and assigns , hereinafter called the "Club" . WITNESSET H: The City is the owner of a certain parcel of land in Dade County, Florida, commonly known as the Ojus Dump Property, and the Club desires to use a portion thereof for recreational purposes . WHEREFORE, in consideration of the sum of One Dollar ( $1 . 00) each to the other in hand paid, the receipt of which is hereby acknowledged, and the further consideration of the mutual covenants each to the other made as follows: 1 . The City does hereby lease to the Club the following described property for a period of five CO years commencing October 1 , 1980, and terminating at Midnight on September 30, 1985. Begin at a point on the Southerly line of the Northeast Quarter Section of Section Thirty-two (32) , Township Fifty-one (51) , Range Forty-two (42) , Thirty-five (35) feet Easterly of the South- west corner thereof . Thence run Northerly parallel to the Westerly line of said Northeast Quarter Section a distance of Six Hundred Eighty-five (685) feet to a point . Thence deflecting Ninety (90°) degrees to the right run Easterly on a straight line a distance of Six Hundred Fifty-seven (657) feet to a point . Thence deflecting Ninety (90°) degrees to the right run Southerly on a straight line a distance of Six Hundred Eighty-five (685) feet to a point on the Southerly line of the Northeast Quarter SOct ion of Section Thirty-two (32) . Thence run Westerly along said Southerly line a distance of Six Hundred Fifty-Seven (657) feet to the Point of Beginning. Containing 10. 3 acres more or less . • OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 2. The City reserves the right to cancel this lease at any time upon the giving of thirty (30) days ' notice, or upon failure of the Club to comply with any conditions of this lease. 3. The Club agrees to maintain the existing buildings at no cost to the City. 4. The Club agrees to maintain all fencing existing on the premises demised ; also to erect and maintain at no cost to the City any additional fencing as may be required by the City for the protection of the public or users of the property. 5. The Club agrees that it will neither erect nor add any other structure upon the demised premises without having re- ceived prior approval from the City Commission of the City of Miami Beach. 6. The Club agrees that all fences , equipment and struc- tures will be maintained by it at no expense to the City. 7. The Club agrees that it will provide a caretaker to live on the premises at a remuneration to be paid by the said Club. 8. The Club agrees that the property and the buildings shall be used only for recreational purposes of the community sur- rounding the said property and for the recreational programs of the Club such as Cub Scout programs, Boy Scout programs, barbecues, athletics, dances and similar non-profit recreational and civic uses. 9. The Club agrees that in the event any activities upon the said property be deemed objectionable by the City Manager or City Commission of Miami Beach, the Club will immediately upon re- quest curtail , modify or stop the said activity in accordance with the said request. 10. The Club agt (rL:; that. it !;hall comply with all appli- cable zoning ordinances and safety regulations . 11. The Club agrees that it shall maintain in a conspic- uous location on the premises an appropriate sign reciting that this property is made available through an agreement by the City Commission of the City of Miami Beach for recreation purposes K. -2- OF I 2-OFIICF Of 1111- ('IIYAlIDIhN(V 1/DO('ONVFNfION CFNIFRORIVF MIAMI [1FACH, FLORIDA33139 of the Optimist Club of Ives Estates program for residents of the surrounding community. 12. The Club shall maintain a comprehensive general liability policy of insurance for the protection of the public in the following limits: $500, 000 for bodily injury to one person ; $1 , 000, 000 for bodily injury for each accident; $25, 000 for property damage. Such policy shall contain an endorsement indemnifying the City of Miami Beach, its officers, agents and employees from any liability or expenses for defense , investigation or attorneys fees resulting from claims for injury to persons or property as a result of the use or existence of the premises leased. A copy of such policy shall be filed with the City Clerk together with an endorsement contained therein that such policy shall not be cancelled nor materially altered so as to affect the coverage required by this paragraph without first giving thirty (30) days prior written notice by certified mail to the City Clerk of the City of Miami Beach. a . In the event the insurance required hereinabove is cancelled, not renewed or lapses, the President and Board Members of the Club jointly and severally assume the responsibility and liability arising from any claim of damages occurring on the above property. IN WITNESS WHEREOF, the partie • hereto have caused these presents to be signed by their respectiv4. duly authorized officers , and the respective corporate seals to be hereunto affixed this 26th day of September , A. D. 980. CITOF MIAMI BEACH Attest: By•,. City 'C erk OPT MIST . .UB OF IVES ES ATES Attest: �-, By /1 ,.:� '�` /'i,' 1 SEAL) - Secretary rJ- '_/' -3- FORM APPROVED BMS :el ;L M ,DEPT. By \ l��y�,�: r Date ___?/4)4C3 ,Y/ 3 OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 UKl(ilNAL RESOLUTION-NO. 80-16360 (Authorizing execution of agreement with Optimist Club of Ives Estates for lease of a portion of the City's'Ojus Dump Property", commencing 8/1/80 to 9/30/85)