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HomeMy WebLinkAbout2001-24478 RESO RESOLUTION NO, 2001-24478 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON JULY 18,2001, PURSUANT TO ORDINANCE No, 92- 2783, GOVERNING THE SALE/LEASE OF CITY-OWNED PROPERTY, TO CONSIDER A LEASE AGREEMENT BETWEEN THE CITY AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR THE USE OF THE FLAMINGO PARK BASEBALL STADIUM BY THE MIAMI BEACH SENIOR HIGH SCHOOL BASEBALL TEAM DURING ITS BASEBALL SEASON (A MAXIMUM OF 118 DAYS), INCLUDING ANNUAL RENEWAL INCREASES AND ADDITIONAL CHARGES, AS STIPULATED IN THE AGREEMENT, SAID LEASE AGREEMENT HAVING A TERM OF FOUR (4) YEARS AND 364 DAYS, WHEREAS, the City's Parks and Recreation Department has worked cooperatively with the School Board of Miami-Dade County for the past several years to coordinate the use of its recreational facilities to accommodate the Miami Beach High School Organized Team Sports Program; and WHEREAS, this includes the Program's use of the City's Flamingo Park Baseball Stadium; and WHEREAS, at its January 26, 2000 meeting, the Mayor and City Commission directed the Administration to reach an agreement with the School Board which would assist in off-setting the cost of maintenance and staffing for the Miami Beach High School Baseball team with regard to its use of the Flamingo Park Baseball Stadium and, accordingly, the Administration commenced negotiations with the School Board toward a Lease Agreement memorializing said terms; and WHEREAS, the City and School Board have negotiated an Agreement, having a term of four (4) years and 364 days, which would allow the Miami Beach Senior High School Baseball Team to use the Flamingo Park Baseball Stadium a maximum of 118 days per year (100 practice days,S day games and 13 night games); and WHEREAS, Ordinance No. 92-2783, governing the use and/or sale of City -owned property, requires that, prior to the sale and/or lease of said property, the Mayor and City Commission shall hold a public hearing, advertised not less than fifteen (15) days prior to said hearing, in order to obtain citizen input as to same, NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing is set, pursuant to Ordnance No. 92-2783, to consider a Lease Agreement Between the City and the School Board of Miami-Dade County for the use of the Flamingo Park Baseball Stadium by the Miami Beach Senior High School Baseball Team during its Baseball Season (a maximum of 118 days); said Lease Agreement having a term off our (4) years and 364 days, is hereby called to be held before the Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida for JULY 18,2001 beginning at 10:30 a .m" and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 27thdayof June,2001. ATTEST: #/J! MAYOR ~~r~ CITY CLERK JMG/ RCM/ KS/ SF/ cd IICH2\S YS\CMORIAOENDA\200 llaprl80 1 \CONSEN1'.FLAMlNOO,PHR.doc APPROVEOASTO FORM. LANGUAGI . FOR DEClU'tIOM .1JjJ~ ~ -(~.dl ~- 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO, 3 rr-o I Mayor Neisen 0, Kasdin and Members of the City Commission FROM: Jorge M, Gonzalez /lO.Q(, City Manager Lf'~ DATE: June 27, 2001 TO: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON JULY 18, 2001, PURSUANT TO ORDINANCE No, 92-2783, GOVERNING THE SALE/LEASE OF CITY-OWNED PROPERTY, TO CONSIDER A LEASE AGREEMENT BETWEEN THE CITY AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR THE USE OF THE FLAMINGO PARK BASEBALL STADIUM BY THE MIAMI BEACH SENIOR IDGH SCHOOL BASEBALL TEAM DURING ITS BASEBALL SEASON (A MAXIMUM OF 118 DAYS), INCLUDING ANNUAL RENEWAL INCREASES AND ADDITIONAL CHARGES, AS STIPULATED IN THE AGREEMENT, SAID LEASE AGREEMENT HAVING A TERM OF FOUR (4) YEARS AND 364 DAYS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Administration is requesting that the Mayor and City Commission schedule a public hearing on July 18,2001, to consider a Lease Agreement for use of the Flamingo Park Baseball Stadium by the Miami Beach Senior High School Baseball Team. The City's Parks and Recreation Department has worked cooperatively with the School Board of Miami-Dade County for the past several years to coordinate the use of its recreational facilities to accommodate the Miami Beach High School organized team sports program. This includes use of the City's Flamingo Park Baseball Stadium. AGENDA ITEM c,7T ~-027-01 DATE Commission Memorandum June 27. 2001 Setting of Public Hearing for Lease Agreement for the use of the Flamingo Park Baseball Stadium by the Miami Beach Senior High School Page 2 of2 The City and School Board have negotiated a Lease Agreement, having a term offour (4) years and 364 days, which would allow the Miami Beach Senior High School Baseball Team to use the Flamingo Park Baseball Stadium a maximum of 118 days per year (100 practice days,S day games arId 13 night games). Ordinance No. 92-2783, governing the use and/or sale of City-owned property, requires that, prior to the sale and/or lease of said property, the Mayor and City Commission shall hold a public hearing, advertised not less than fifteen (15) days prior to said hearing, in order to obtain citizen input as to same and that a public hearing to consider a Lease Agreement Between the City and the School Board of Miami-Dade County for the use of the Flamingo Park Baseball Stadium by the Miami Beach Senior High School Baseball Team during its Baseball Season (a maximum of lIS days), including annual renewal increases and additional charges, as stipulated in the Agreement, is hereby called to be held before the Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on JULY 18,2001, beginning at 10:30 a .m" arId the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will be heard. JMGJv ~ SF/cd F:\rcpa\$ALLIKEVIN\COMM.OO\COMM.Ol\2FLAMBASE.MEMOPHR.doc Attachments AGREEMENT THIS AGREEMENT, made and entered into this day of ,2001, by and between the CITY OF MIAMI BEACH. a municipal corporation of the State of Florida (hereinafter called the "CITY") and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, a political subdivision of the State of Florida (hereinafter called the "BOARD"). WITNESSETH: WHEREAS, the CITY is interested in and concerned with providing and making facilities available for the use and benefit of the students of Miami-Dade County Public Schools for recreational programs and activities; and WHEREAS, the CITY owns and has under its jurisdiction certain property capable of being utilized at mutually suitable times for the BOARD's programs; and WHEREAS, it has become desirable and necessarY for the BOARD to utilize the CITY's property as an athletic field and baseball stadium in conjunction with the BOARD's educational and recreational objectives; and WHEREAS, these objectives may be best achieved through joint and coordinated action of the CITY and the BOARD in making the CITY's property available for such purposes in the most cost effective manner; and WHEREAS, the Mayor and City Commission of the City of Miami Beach has approved this Agreement by the adoption of Resolution No. , at its meeting on the _ day of 2000; and WHEREAS, the School Board of Miami-Dade County, Florida has authorized this Agreement in accordance with Board Action No. 99,182, at its meeting on the 19th day of June, 2000. NOW THEREFORE. in consideration of the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. DEMISED PREMISES The CITY does hereby lease to the BOARD and the BOARD does hereby lease from the CITY the following described parcel of land. known as the Flamingo Park Baseball Stadium, hereinafter called the "DEMISED PREMISES". lying and being in the County of Miami-Dade, State of Florida, and graphically described on Exhibit "A", attached hereto and made a part hereof. II. TERM OF AGREEMENT The term of this Agreement shall be for four (4) years and three hundred sixty-four (364) days, commencing on the date hereof. III. USE OF DEMISED PREMISES The specific area of use by the BOARD shall be limited to the area identified in Article I and Exhibit "A", including all recreational facilities constructed or to be constructed thereon. The BOARD shall have right and use of the DEMISED PREMISES for a maximum of one hundred eighteen (118) days per year during Miami Beach Senior High School's baseball season; said" season" consisting of I 00 practice days, 5 day games. and 13 night games. Hours of use for practice days shall be approximately from 3:00 p.m, to 6:30 p.m.; day and night games shall be from one and one half (1 \1,) hours before the game to one (1) hour after the game. The CITY shall have full control, custody, right and use of the DEMISED PREMISES at all other times. Notwithstanding the preceding paragraph, during the term of this Agreement, the BOARD shall provide the CITY with a written schedule showing the exact dates for the aforestated 118 days of use of the DEMISED PREMISES; said schedule to be provided no later than ninety (90) days prior to the commencement of the BOARD's use of the DEMISED PREMISES (i.e. or the commencement of the Miami Beach Senior High School baseball season). The BOARD shall provide adequate supervision of the DEMISED PREMISES at all times that the BOARD conducts activities sponsored, controlled or sanctioned by the BOARD thereon. Due to its unique usage and the need to serve the best interests of its students, the BOARD may 2 promulgate and enforce reasonable rules and regulations governing the aforementioned use of the DEMISED PREMISES during its period of use. The CITY and BOARD, or their designees, shall be entitled to make application to the other for use of the DEMISED PREMISES during the period of use normally associated with the other party. In that event. the requesting party will provide the other party with a request to use the DEMISED PREMISES a minimum of seventy two (72) hours prior to the need. Such consent shall not be unreasonably withheld. Any additional usage of the DEMISED PREMISES by the BOARD. other than the 118 days described herein, or particularly maintenance and other costs that the CITY may incur as a result of the BOARD utilizing the DEMISED PREMISES during other than its normal period of use, shall be reimbursed by the BOARD to the CITY in addition to the consideration stipulated in Article V. After providing said cost to the BOARD, or its designee, and receiving written authorization to proceed, the CITY shall invoice the BOARD for direct costs of said additional maintenance and/or staffing costs that result from unusual circumstances or added utilization. and the BOARD shall promptly pay same within forty-five (45) days of receipt of said invoice(s). Any reduction in the usage of the DEMISED PREMISES by the BOARD, or particularly a reduction in maintenance or other costs that the CITY may incur as a result of using the DEMISED PREMISES during the BOARD's period of use, shall result in a proportionate reduction in the amount of consideration to be paid by the BOARD to the CITY under Article V. IV. IMPROVEMENTS The BOARD shall have the right to request the construction of additional recreational facilities on the DEMISED PREMISES in the future, subject to the prior written approval of the CITY. If approved, such additional improvements shall be made at the sole cost and expense of the BOARD. The BOARD agrees that no construction, major repairs, alterations or improvements may be undertaken by it upon the DEMISED PREMISES unless the plans for same: (I) be first submitted to and approved by the CITY, which plans shall be reviewed and approved by the CITY in a timely manner; and , J (2) be in compliance with all applicable State, County, School Board, Department of Education and CITY rules and regulations. The CITY also reserves the right, but not the obligation, to construct additional recreational facilities on the DEMISED PREMISES in the future. In that event the CITY shall provide the BOARD with prior written notice of its intent to construct additional facilities on the DEMISED PREMISES, and will use good faith efforts to coordinate the design, planning and construction with the BOARD to assure that construction of such improvements does not unreasonably interfere or conflict with the BOARD's ability to utilize the DEMISED PREMISES for its educational and recreational programs. Construction of the improvements shall not result in an increase in the amount of consideration to be paid by the BOARD to the CITY under Article V. V. CONSIDERATION The BOARD does hereby covenant and agree to pay the CITY, as consideration for the use and occupancy of the DEMISED PREMISES throughout the term of this Agreement, an amount necessary to reimburse the CITY for the BOARD's prorated share of the annual maintenance costs for the DEMISED PREMISES, This amount has been established at ten thousand six hundred eighty-two dollars and ninety-two cents ($10,682.92) for the 1999-2000 school year (the Base Year Payment), and will be promptly payable to the CITY within forty-five (45) days of receipt of an invoice from the CITY. Throughout the term of this Agreement, the aforestated Base Year Payment shall be adjusted annually to reflect the BOARD's prorated share of the actual maintenance costs and shall be paid to the CITY within forty-five (45) days of receipt of an invoice from the CITY, said receipt to be sent following completion of the Miami Beach Senior High School's baseball season, and receipt of an invoice from the CITY. The BOARD and the CITY agree that said adjustment shall be established at an increase of four percent (4%) from the previous year (using the first year payment of $10,682.92 as the Base Year Payment). In the event that the BOARI) requests that the CITY increase the maintenance level of service over and above the level of service as provided in Article IX and Exhibit "B", the BOARD shall first agree, in writing, to pay an increased annual rate reflecting its prorated share of such increased annual maintenance costs. 4 As further consideration for this Agreement, the CITY and the BOARD acknowledge that the BOARD has already had use of the DEMISED PREMISES. for the purposes stated herein, for the 1997 - 1998, and 1998 - 1999 Miami Beach Senior High School baseball seasons, with the Board's prorated share of the annual maintenance costs at $9,876.96 and $10,272.04, respectively, To that end, concurrent with the parties' approval and execution of this Agreement, the BOARD agrees to pay to the CITY an additional $10,075 (representing one-half of the total amount), as full compensation for the BOARD's prior use of the DEMISED PREMISES, payable in three (3) equal annual payments of $3, 158.33. beginning concurrent with the Base Year Payment. VI. LIABILITY FOR PERSONAL PROPERTY The CITY and BOARD agree to insure or self insure their respective interests in personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss or damage by any means and waive all rights to recovery for loss and damage to such property by any cause whatsoever. The CITY and BOARD hereby waive all rights of subrogation against each other under any policy or policies they may carry or on property placed or moved on the DEMISED PREMISES. VII. LIABILITY FOR DAMAGE OR INJURY The CITY shall not be liable for any damage or injury which may be sustained by the BOARD or any persons on the DEMISED PREMISES during the BOARD's period of use, other than damage or injury resulting from the negligence or improper conduct on the part of the CITY, its agents, representatives or employees, or failure of the CITY to perform its covenants under this Agreement. The BOARD shall not be liable for any damage or injury which may be sustained by the CITY or any persons on the DEMISED PREMISES during the CITY's period of use, other than damage or injury resulting from the negligence or improper conduct on the part of the BOARD, its agents, representatives or employees, or failure of the BOARD to perform its covenants under this Agreement. VIII. INDEMNIFICATION The BOARD does hereby agree to indemnify and hold harmless the CITY to the extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions 5 in this Act whereby the BOARD shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $1 00,000, or any claim or judgment or portions thereoC which, when totaled with all other claims or judgments paid by the BOARD arising out of the same incident or occurrence, exceeds the sum of $200,000, from any and all personal injury or damage claims, liability, losses and causes of action which may arise solely as a result of the BOARD's negligence in its use of the DEMISED PREMISES. However, nothing herein shaH be deemed to indemnify the CITY for any liability or claim arising out of the negligence, performance or failure of performance of the CITY or as a result of the negligence of any unrelated third party. The CITY does hereby agree to indemnify and hold harmless the BOARD to the extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions in this Act whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by anyone person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the CITY arising out of the same incident or occurrence, exceeds the sum of $200,000, from any and all personal injury or damage claims, liability, losses and causes of action which may arise as a result of the CITY's negligence in its use of the DEMISED PREMISES. However, nothing herein shall be deemed to indemnify the BOARD for any liability or claim arising out of the negligence, performance or failure of performance of the BOARD or as a result of the negligence of any unrelated third party. IX, MAINTENANCE OF DEMISED PREMISES The BOARD shall repair equipment or facilities located on the DEMISED PREMISES damaged exclusively by the BOARD's actions, ordinary wear and tear excepted, during its use of same, as set forth in this Agreement. The CITY shall be responsible for all other repair and maintenance of the DEMISED PREMISES and shall maintain all applicable facilities at a minimum level of service as delineated in Exhibit "B", and in conformance with all applicable CITY and County building and safety codes. lfrepairs are required to reasonably accommodate the BOARD's activities during its period of use (and said repairs are not repairs which would be required of the BOARD during its use of the 6 DEMISED PREMISES, as set forth in the first paragraph of this Article IX), and are not effected by the CITY within thirty (30) days of the CITY receiving written 'notice from the BOARD requesting said repairs or, if immediate action is necessary in order to preserve the health and well being of the occupants or prevent further damage to property, the BOARD shall have the right, but not the obligation, to make the repairs at the BOARD's expense and to deduct the cost of the repairs from ensuing payments to the CITY. The BOARD and CITY, through the on-site school administrator and park manager shall coordinate the scheduling of the CITY's maintenance functions to minimize the impact on the BOARD's programs and activities. X. ASSIGNMENT AND SUBLETTING OF PREMISES The BOARD shall not, at any time during the term of this Agreement, sublet in part or whole the DEMISED PREMISES, or assign this Agreement or any portion or part thereof, without the prior written consent of the CITY. XI. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. XII. EXAMINATION OF DEMISED PREMISES The CITY may enter upon the DEMISED PREMISES at any time during the BOARD's period of use, provided the CITY does not unreasonably interfere with or unduly burden the BOARD's operations, XIII. CANCELLATION FOR CONVENIENCE In addition to the provisions of Articles XXIII and XXV, both parties shall have the right to cancel the Agreement at any time, without cause and for convenience, by giving the other party written notice at least one (1) year prior to the effective date of said cancellation. However, if the CITY exercises said right to cancel, then the CITY shall reimburse the BOARD for a prorata amount of any permanent improvements made to the DEMISED PREMISES by the BOARD, as documented pursuant to Article IV, as if amortized over a sixty (60) month period. 7 XIV. ADVERTISING The BOARD shall not place any signs or advertising matter on any portion of the DEMISED PREMISES except with prior written approval of the CITY or its designee. which approval shall not be unreasonably withheld. XV. NOTICE AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 1. In the case of notice or communication to the CITY: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: City of Miami Beach Parks and Recreation Department, Attn: Director 2100 Washington Avenue Miami Beach, Florida 33139 2. In the case of notice or communication to the BOARD: School Board of Miami-Dade County, Florida c/o Superintendent of Schools School Board Administration Building 1450 N.E, 2 Avenue, Room 912 Miami, Florida 33132 8 With a copy to: Miami-Dade County Public Schools Governmental Affairs and Land Use Policy and Acquisition Attention: District Director 1450 N.E. 2nd Avenue. Room 525 Miami, Florida 33132 B. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. C. For purposes of the Agreement, the Superintendent of Schools shall be the party designated by the BOARD to grant or deny all approvals required by the Agreement or to cancel this Agreement as provided herein. XVI. SURRENDER OF PREMISES Upon the termination or expiration of this Agreement, the BOARD shall remove from the DEMISED PREMISES any personal property and non-permanent improvements made by it to the DEMISED PREMISES and shall promptly and peacefully surrender and deliver possession of the DEMISED PREMISES to the CITY, and all permanent improvements constructed by the BOARD as provided for in Article IV, in their then existing condition, shall become the property of the CITY. XVII. NON-DISCRIMINATION The BOARD and CITY agree that there will be no discrimination against any person based upon race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, and sexual orientation in the use of the DEMISED PREMISES and improvements thereof. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part ofthe non-discriminatory party, effective the date of the Court Order, XVIII. AMENDMENTS The CITY and BOARD, by mutual agreement. shall have the right, but not the obligation, to amend this Agreement. Such amendments shall be effective only when signed by both the CITY and BOARD and shall be incorporated as part of this Agreement. 9 XIX. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida and the venue for any disputes shall be in Miami-Dade County, Florida. XX. SEVERABILITY In the event any paragraph, clause or sentence of this Agreement or any future amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject Agreement and the balance of the Agreement shall not be affected by the deletion thereof, provided to do so would not render interpretation of the lease provisions ambiguous or a nullity. XXI. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties hereby agree that they shall comply with all applicable laws, ordinances and codes of Federal, State and Local Govemments, including the Americans with Disabilities Act, as they apply to this Agreement, XXII. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver be in writing and signed by the CITY or BOARD, The failure of either party to insist upon strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions, but the same shall continue and remain in full force and effect. XXIII. DEF AUL T PROVISION The CITY shall provide the BOARD with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by the BOARD. If the BOARD fails to cure said default within thirty (30) days of receipt of written notice, the CITY shall have the right, at its sole discretion, to either extend the cure period beyond the aforestated thirty (30) days, or in the event that said extension is not granted, in writing, by the CITY, terminate this Agreement upon ten (10) days additional written notice to the BOARD, and the CITY shall have no further obligations hereunder and shall be discharged from reimbursing the BOARD for any permanent improvements made to the DEMISED PREMISES by the BOARD. 10 The BOARD shall provide the CITY with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by the CITY. If the CITY fails to cure said default within thirty (30) days after receiving notification, the BOARD shall have the right, at its sole discretion, to either extend the cure period beyond the aforestated thirty (30) days, or in the event that said extension is not granted, in writing, by the BOARD, terminate this Agreement upon ten (10) days additional written notice to the CITY, upon which event, the CITY shall reimburse the BOARD a pro rata amount of any permanent improvements made to the DEMISED PREMISES by the BOARD, as ifamonized over a sixty (60) month period, and this Agreement shall thereupon be terminated and have no further force and effect. XXIV. PEACEFUL POSSESSION Subject to the terms, conditions and covenants of this Agreement, the CITY agrees that the BOARD shall and may peaceably have, hold and enjoy the above described DEMISED PREMISES without hindrance or molestation by the CITY. XXV. DAMAGE OR DESTRUCTION In the event the DEMISED PREMISES should be destroyed or so damaged by fire, windstorm or other casualty to the extent that the DEMISED PREMISES are rendered untenable or unfit for the purpose of the BOARD, as determined by the BOARD's Department of Safety, either party may cancel this Agreement by giving written notice to the other. In the event of cancellation of this Agreement due to damage or destruction of the DEMISED PREMISES, the Consideration stipulated in Article V shall be reduced so as to reflect the BOARD's prorated share of the annual maintenance costs of the DEMISED PREMISES prior to the casualty. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 11 XXVI. CONCESSIONS Subject to reasonable rules and regulations implemented by ~he CITY dealing with insurance requirements and clean-up, Miami Beach Senior High School shall have the exclusive right to operate all refreshment concessions during its home games, as defmed under this Agreement, retaining all gross sales and profits therefrom. XXVII. ENTIRE AGREEMENT This Agreement represents the total agreement between the parties. IN WITNESS WHEREOF, the parties hereto have each, through their proper officials, executed this Agreement the day and year first hereinabove written. ATTEST: CITY OF MIAMI BEACH, FLORIDA City Clerk Mayor Neisen Kasdin OF MIAMI-DADE RJAI>w F:\ATTQ\AGUR\AGREEMNT\LEASE\FLAMNGPKFNL APPROVED AS TO fOR./IA 8. LANGUAGE & FOR E.XECUTION ~~ '311 1eJ:J bale 12 ~ I 3 ST~I='~ EXHIBIT "A" kI ~ Z o Ul It ~ kI -, I 5 5TREET , " ~ 011111111111110 U; 0:::::::1:::::0 FLAMINGO PARK Ii 1\ iil/ II L [ [ I 4 PLACE r- l I 4 STREET kI[ ~I il kI ' ::<:' I I i i I :3 STREET I ! LEGEND j" ,,: FLAMINGO PARK - - BASEBAl.L-STADIUM N EXIllBIT "B" CITY's maintenance responsibilities during the BOARD's period of use: mowing, edging and trimming of turf in Bullpen area, batting cagelhitting stations and outfield with a frequency necessary to keep the turf in a playable condition; periodic dragging of clay surface, including prior to each practice session or home game; manual watering of clay surface, including prior to each practice session or home game; removal of weeds or extraneous organic growth from outfield fence and clay surface; maintain the border definition between clay/outfield surfaces; supplement the clay surface and pitcher's mound as necessary to maintain proper levels; paint striping as necessary; irrigate the outfield as necessary to keep the field in a playable condition; and maintain all field lighting in proper working order for use during practice (as necessary) and all night games.