73-13924 I
RESOLUTION NO. 73-13924
WHEREAS, the MIAMI BEACH POLICE ATHLETIC LEAGUE, INC . ,
a non-profit Florida corporation has requested the CITY OF
MIAMI BEACH, FLORIDA to let and to lease to the said POLICE
ATHLETIC LEAGUE a parcel of land in Flamingo Park for use by
said POLICE ATHLETIC LEAGUE, for the benefit of the youth of
the community and to enable our youth to participate in health-
ful sport and recreational activity, for a term of five (5)
years under appropriate conditions and provisos, and
WHEREAS, an appropriate lease agreement setting forth
the terms and provisions of such use has been submitted to the
City Council, and the City Council of the City of Miami Beach
finds and determinesthat the entry into such lease agreement with
the said MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , is in the
best interests of the City and its citizens and residents,
NOW, THEREFORE , BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk-Finance Director be and they are hereby authorized and di-
rected to execute said lease agreement for andin behalf of the
said City of Miami Beach.
PASSED and ADOPTED this 21st day of February, 1973.
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Mayor
Attest :
Rwi, e, wc„,,,e,.....
City Clerk-Finance Director
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
I
AGREEMENT
THIS AGREEMENT made and entered into this 21st day
of February, 1973, by and between the CITY OF MIAMI BEACH, a
Florida municipal corporation, hereinafter referred to as the
"Lessor, " which term includes its successors and assigns, and
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , a Florida non-profit
corporation, hereinafter referred to as the "Lessee", which term
includes its successors and assigns.
WITNESSETH :
WHEREAS, the Lessor and Lessee, for and in considera-
tion of the satisfactory performance of the mutual covenants
herein contained, and for other good and valuable considerations,
the parties do hereby agree as follows :
1. That the Lessor hereby leases to the Lessee certain
agreed uprn land, as delineated and shown on the attached map or
sketch attached hereto and incorporated herein by reference for
the purpose of building, maintaining and utilizing the same as
and for a recreation center.
2 . This lease shall commence on the 21st day of
February, 1973, and shall continue in effect upon the terms and
conditions set forth herein for a term of five (5) years, and
shall thereafter continue as a tenancy at will which tenancy at
will shall be terminable by either party, upon ninety (90) days '
written notice.
3. The Lessee covenants and agrees to erect initially
on the land hereby leased, a building conforming to the require-
ments of the South Florida Building Code having dimensions of
25 feet by 67 feet, with the expectation and anticipation by the
Lessee that said proposed building shall be increased in dimen-
sions. It is proposed by the Lessee that construction thereof
shall commence within thirty (30) days following the date of the
execution and delivery of this lease. The design and structure
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE--MIAMI BEACH, FLORIDA 33139
of said building and any extension thereof shall be subject to
the approval of the Lessor, particularly with reference to its
appropriateness as to utility and appearance in its surroundings.
4. The Lessee covenants to pay all utility bills, and
maintenance costs of said building.
5. All building and improvements constructed under the
provisions hereof shall be deemed to be personal property and title
thereto shall at all times remain vested in the Lessee.
6. The Lessee covenants to employ and utilize super-
visory employees who will coordinate all activities with the
Lessors Park and Recreation Department, so as not to interfere
with the operation of the latter' s programs and operations.
7. The Lessee agrees to obtain and maintain through
the period of this agreement, public liability insurance on the
aforesaid property, which insurance shall be issued by a company
or companies authorized to do business under the laws of the
State of Florida, the minimum limits of such insurance to oe in
the following amounts :
Bodily injury: One Hundred Thousand Dollars
($100, 000.00) for injury to one person;
Three Hundred Thousand Dollars ($300, 000.00)
for one accident.
Property Damage : Ten Thousand Dollars
($10, 000.00) for one accident; Twenty Thousand
Dollars ($20, 000.00) aggregate.
The Lessee further agrees that a certified copy or copies of the;
policies of insurance evidencing such insurance as described
herein shall be filed with the Lessor by the Lessee upon execution
of this agreement, and such insurance shall contain the following
endorsement:
"Endorsement.
"The Lessee, MIAMI BEACH POLICE ATHLETIC LEAGUE,
INC. , hereby agrees to indemnify and save harmless the CITY OF
MIAMI BEACH, a Florida municipal 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 investi-
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
•
"gation, all expenses of litigation, including reasonable attor-
neys ' fees and the cost of appeals arising out of any such claims
or suits because of any and all acts of ommission or commission
of and by the Lessee, MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. ,
his agents, servants or employees or through the mere existence
of the aforesaid property.
"The foregoing indemnity agreement shall apply to any
and all claims or suits as determined by a court of competent
jurisdiction, and the Lessee, MIAMI BEACH POLICE ATHLETIC LEAGUE,
INC. , shall specifically and distinctly assume all responsibility
for reporting any and all accidents, claims or suits arising out
of or in any way connected with the aforesaid property. "
The Lessee further agrees that there shall be no change
or cancellation of this insurance without thirty (30) days '
written notice provided to the Lessor.
8. The Lessee hereby agrees not to assign this lease
without the prior written consent of the Lessor and that any
assignment of this lease by the Lessee without the prior written
consent of the Lessor shall in no way bind the Lessor.
9. The Lessee agrees not to alter, modify, construct
or reconstruct the aforesaid leased premises without first having
obtained the written consent of the Lessor, and further agrees
that any furnishings, or other items which the Lessee has placed
upon the said premises shall be immediately removed upon notifi-
cation by the Lessor of the termination of this Lease Agreement.
IN WITNESS WHEREOF, the Lessor has caused these presents
to be signed in its corporate name by its proper duly authorized
officers and its corporate seal to be hereunto affixed, and the
Lessee has caused these presents to be signed in its corporate
name by its proper duly authorized officers and its corporate
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
i y
seal to be hereunto affixed, the day and year first hereinabove
written.
CITY OF MIAMI BEACH
s
Mayor
Attest :
Pik (3 I -)
City Clerk-Fi ance Director
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MIAMI BEACH POLICE ATHLETIC
LEAGUE, IJTE.
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Attest :
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OFFICE OF CITY ATTORNEY—1130 WASHINGTON AVENUE—.MIAMI BEACH, FLORIDA 33139
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