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)