Resolution 81-16654 •
•
RESOLUTION NO. 81-16654
A RESOLUTION AUTHORIZING THE EXECUTION BY THE
MAYOR AND CITY CLERK OF A REVOCABLE PERMIT FOR
THE USE BY P.A. L. OF A CERTAIN PORTION OF CITY
PROPERTY TO CONSTRUCT AND OPERATE A MOTO-CROSS
BICYCLE TRACK.
WHEREAS, for the reasons more specifically delineated in
Commission Memorandum No. 8959 . The City Commission of the City
of Miami Beach, Florida, deems it in the best interest of the City of
Miami Beach and its citizens to permit the use of certain City prop-
erty by the P.A. L. for construction, maintenance and utilization of
a moto-cross bicycle track.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, Florida, that the Mayor and the City
Clerk be and are hereby authorized to execute the attached Revocable
Permit for the use by P.A.L. of a certain portion of City property to
construct and operate a moto-cross bicycle track.
PASSED and ADOPTED this 6th day of May ,
1981.
-1-71-ST �..
ATTEST:
elLee,C,,�..�/,.,G.,.r..
City Clerk
FOR M APP `LVED
E:Ap,
ye
ByT
Date
LTA/mp 5/5/81
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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REVOCABLE PERMIT
THIS AGREEMENT, made on the 6th day of May
1981 , by and between the CITY OF MIAMI BEACH, hereinafter called the
"City" and THE MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , a Florida
non -profit corporation, hereinafter called the "Permittee. "
WITNESSETH :
For and in consideration of the restrictions and covenants
herein contained, the City hereby permits, for a period of five years
commencing on the date that this permit is approved by the City Com-
mission, the use of certain agreed upon City land (as delineated on the
attached map) for the construction, maintenance and utilization of a
moto-cross bicycle track.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE
PARTIES HERETO:
That the recitations , statements, covenants, warranties and
agreements hereinabove captioned and set forth hereinabove and in the
attached articles are true and binding upon the respective parties
hereto.
ARTICLE I
ALTERATIONS BY PERMITTEE
Permittee shall grade the land and construct at its own ex-
pense said moto-cross bicycle track but shall neither construct nor
erect any building, fence, wall, sign, screen enclosure, or any perma-
nent improvement upon the demised premises without prior written consent
of the City. All improvements made by the Permittee shall be readily
removable without injury to the premises at the expiration of this per-
mit
er-mit or upon ten days written notice from the City. Removal by the City
of any improvements made by the Permittee shall be at the sole expense of
said Permittee.
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OFFICE OF THE CITY ATTORNEY 1700 CONVENTION C(NTER DRIVE MIAMI BEACH,FLORIDA 33139
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ARTICLE II
CONDITION OF PP EM I:_SES AND MAINTENANCE
The Permittee, at its own expense, shall cause the demised
premises to be in a state of good condition from the commencement of this
permit. The Permittee shall maintain and keep the entire demised prem-
ises in a neat, clean condition, free of refuse and debris. All land-
scaped areas , if any, shall be maintained in a live, healthy, and
growing condition, properly watered and trimmed. Determination of the
condition of said premises shall be made by the City.
ARTICLE III
SUPERVISION
The Permittee covenants to employ and utilize supervisory
employees who will supervise, regulate and administer all activities at
the moto-cross track. Further said supervisors shall require from minor
participants , parental permission to utilize the facilities contemplated
herein in the form of a release of liability for both the Permittee and
the City.
ARTICLE IV
ASSIGNMENT
Without the written consent of the City first obtained in each
case, the Permittee shall not sublet, assign, transfer , mortgage,
pledge, or dispose of this permit for the term hereof.
ARTICLE V
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the premises above
described shall be at the risk of the Permittee or the owner thereof.
The City shall not be liable to the Permittee for any damage to said
personal property.
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OFFICE OF THE CITY ATTOVJNEY 17(X)CONVEN1 ON CEN tEH WAIVE MIAMI BEACH,F t 4)HII)A 31139
ARTICLE VI
CITY ' S R I G I I'1' OF 1 N'1'IZ Y
The City or any of its agents , shall have the right to enter
upon said premises during all reasonable working hours for the purpose
of inspecting or repairing said premises. Said right of entry shall
likewise exist for the purpose of removing signs, fixtures , or altera-
tions which do not conform to this permit. Any removal of improvements
or repairs made by the City and necessitated by the Permittee ' s use of
said premises, shall be at the sole expense of the Permittee.
ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that
the City may, upon ten days written notice to the Permittee , cancel this
permit if deemed necessary to promote or maintain the general welfare ,
comfort, morals , peace, health, safety, and convenience of the City or
its inhabitants.
Additionally, discomfort or inconvenience to surrounding pro-
perty owners shall justify the revocation of this permit upon ten (10)
days written notice by the City.
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto that
written notice addressed to Permittee and mailed or delivered
tO kkt r-T1‘ C\(\ \" t-4 1\(\t)\._ \ \'‘k 11°' g ) t .k"
shallconstitute sufficient notice to the Permittee , and written notice
addressed to the City Manager and mailed or delivered to the City of
Miami Beach, 1700 Convention Centr Drive, Miami Beach, Florida 33139 ,
shall constitute sufficient notice to the City to comply with the terms
of this Permit.
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OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
ARTICLE IX
I N;;UNANCE
The Permittee agrees to obtain and maintain through the period
of this permit, public liability insurance on the aforesaid property,
which insurance shall be issued by a company or companies authozed to do
business under the laws of the State of Florida, the minimum limits of
such insurance shall be Five Hundred Thousand Dollars ($500 ,000 . 00) per
occurrence combined limits of coverage for both Bodily Injury and prop-
erty damage.
The Permittee further agrees that a Certificate of Insurance
evidencing such insurance as described herein shall be filed with the
City by the Permittee upon execution of this permit, and such insurance
shall contain the following endorsement as well as naming the City as an
additional insured with this coverage primary to al] other City
coverages:
ENDORSEMENT:
"The MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , hereby agrees
to indemnify and save harmless the CITY OF MIAMI BEACH, a Florida m, yni-
cipal 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 investigation, all expenses of litigation, including
reasonable attorney ' s fees and the cost of appeals arising out of any
claims or suits because of any and all acts of omission or commission of
or by the MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , their agents , ser-
vants, employees or persons utilizing or entering upon the subject prop-
erty in the amount of Five Hundred Thousand Dollars ($500 ,000 . 00) single
limit per occurrence. Such indemnity shall not be limited to, but shall
include design, construction, operation, maintenance and supervision of
the bicycle course. "
"The foregoing indemnity agreement shall apply to any and all
claims or suits as determined by a court of competent jurisdiction , and
the MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. shall, specifically and
distinctly assume all responsibility for reporting any and all
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OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL ORIDA 33139
r
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SWORN TO AND SUBSCRIBED BEFORE me this \ da of=
)\4-4-1.- Y
, 1981.
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M[
40. k iorAi
it
Notary Public, Sta re of Florida
at Large
My Commission Expires: Notary Public, State of Floa ida at Large
My Commission Expires ldy 20, 1982
kg4dod By American Fir•& Ca:uaity Company
Rha Public, State of Florida at Large
My Commission Expires July 20, 1902
gemQY Amarica4 Fire&Casually Company
APPROVED
LE •ALDEP
By
Date M. /
—6—
LTA/mp 4/15/81
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
•
e ,
accidents, claims or suits arising aW_ of or in any way connected with
the aforesaid property. "
The Permittee further agrees that there shall be no change or
cancellation of this insurance without thirty (30) days ' written notice
provided to the City.
CONTRACTORS INSURANCE:
The Permittee ' s contractor shall provide owners and contrac-
tors protection Liability coverage in the amount of Three Hundred Thou-
sand Dollars ($300 ,000 . 00) Single limit and name the City as an addi-
tional insured on the policy. Products and completed operations cover-
age shall also be provided naming the City as an additional insured in
the amount of Three Hundred Thousand Dollars ($300 ,000 . 00) per occur-
rence. Proof of Workmen ' s Compensation Insurance as per statutory
limits of the State of Florida, shall be furnished by said contractor .
IN WITNESS WHEREOF, the parties have hereunto executed this
Permit Agreement for the purposes herein expressed the day and year
above written.
CITY OF MIAMI BEACH
----Kay r \.
ATTEST:
''''''-/ -d2/ /i-i:- -A)
City Clerk
C .
Permittee
In tip 7Cf
j
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_
, J 'I( V ___7it. .t.. (7 Al -s
Notary P c. State of Florida
a at Large
iy Commission Expire:, iu!y 20, 1982
Witness
Vndod By Oununcan Fire& Casty i.ompany
_5_
OFFICE OF THE CITY ATTORNEY 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
4441e
FLORIDA 3 3 1 3 9
III
',1� "VAC'A TIONLAND 11. S. A. " �..�...�
OFFICE OF THE CITY MANAGER CITY HALL
HAROLD T.TOAL 1700 CONVENTION CENTER DRIVE
CiTY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. MC
DATE: April 15, 1981
TO: Mayor Murray Meyerson and
M':
be,r1 f tb City Co mission
FROM: 'tarok! . T "
City Manager
SUBJECT: Ojus Dump Permit - Miami Beach Police Athletic League (P.A.L.)
At the commission meeting of February 18, 1981 , the Miami Beach Police Athletic
League made a request for use of five (5) acres of the Ojus Dump for a Bic c1 e
Moto-Cross Track. Attached is a copy
ofa letter from outlining their;—
—
intent and use of the property.
The Administration and Legal Departments have completed a review of their request
and find it to be most beneficent and worthwhile.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of the revocable permit, as submitted
by the City Attorney, and feels it is in the best interest of the City to
permit usage of five (5) acres of the Ojus Dump for a Bicycle Moto-Cross Track.
HTT:RW:dd
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AGENDA f? ri
ITEM.
DATE 14
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ORIGINAL
RESOLUTION NO. 81-16654
(Authorizing execution of a Revocable
Permit for use by P.A.L. of a certain
portion of City property to construct and
operate a Moto-cross Bicycle Track)
t 0