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HomeMy WebLinkAboutR-79-0483RESOLUTION NO. 79-483 1"SUPP.)RTI,VE DOCki ';',.1E14\1 TS FOLLOW" A RESOLUTION GRANTING USE OF THE MIAMI BASEBALL STADIUM BY MIAMI DADE COMMUNITY COLLEGE, DOWNTOWN CAMPUS, FOR THE PURPOSE OF CONDUCTING ITS BASEBALL PRACTICE SESSIONS FROM SEPTEMBER 1, 1979 THROUGH FEBRUARY 1, 1980 SUBJECT TO AVAILABILITY OF THE STADIUM ON CERTAIN DATES; AND FURTHER SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH MIAMI DADE COMMUNITY COLLEGE, DOWNTOWN CAMPUS, FOR SAID USE . WHEREAS, the Commission has granted use of the Miami Baseball Stadiunl by the Miami Dade Community College, Downtown Campus for the previ.ous six years; and WHEREAS, the Commission has determined that such activities constitute a public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Use of the Miami Stadium by the Miami Dade Community College, Downtown Campus, for the purpose •of conducting its baseball practice sessions from September 1 1979 through February 1, 1980 be, and is hereby granted; subject to the availability of the stadium on certain dates; and further subject to advance payment for event personnel, insurance arid other direct costs borne by the City. Section 2. The City Manager is hereby authorized to enter into the attached agreement with Miami Dade Community College, Downtown Campus, for the aforesaid use. PASSED AND ADOPTED this uth day C ty Clerk PREPAREAND APPROVED BY: IL/1/Li I/ Assistant ClIty Attolney APP ED AS TO FORM' CORRECTNESS: July 9 1979. Maurice A. Ferre MAYOR City At r ey "DOCUMENT O. CITY COMMISSION MEETING OF JUL1 11Y/9 RESOLUTION NO2.9.....4..8 REMARKS: IN WITNESS WHEREOF the parties hereto have executed this:Agreement on the Attest City Clerk PREPARED AND APPROVED Assistant and.date first above .MIAMI-DADE COMMUNITY COLLEGE, DOWNTOWN CAMPUS CITY OF MIAMI APPROVED AS TO FORM -AND CORRECTNESS: City Attorney Joseph R. Grassie. City Manager Dep I 13, 1979 Use of. Miami Stadium by Miami. Dade Community College It EFE:RR; J UL'S Copy. of memo to Law Dept. ""s Copy of draft Resolution.' Copy -of. -draft —Agreement. ---- For the previous six years, the City Commission has granted use of the Miami Baseball Stadium by Miami Dade Community College, Downtown Campus, for` the purpoSe of conducting its fall baseball practice sessions, subject to advance; payment for event personnel, insurance and other direct costs borne by the City. Miami Dade has now requested use of the Stadium for the period of"September <1, 1979, through February 1,.1980. The Department of Stadiums and Marinas recommendsthe adoption of the attached resolution granting use of the Miami Baseball Stadium; by Miami Dade Community College Downtown Campus, and:uthorizing the City Manager toa enter into n agre aement with Miami Dade Community College, Downtown Campus, for said use. RLJ:cb cc: Law Department "SUPPORTIVE DOCUMENTS FOLLOW" .483 A G R E E M E N T This Agreell ent entered into this day of , 1979 by and between the MIAMI-DADE COMMUNITY DOWNTOWN CAMPUS, hereinafter referred to as the COLLLdE, "Lessee!', and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as• the "City". facility and. I T N E`S S _E TH: WiL E:AS, the Lessee currentlyhas no access to a in which toconduct its baseball practice sessions; W1:EREAS,, theCity " is desirous of fostering harmonious relationships with the Lessee; and WHEREAS, the City is interested in the development of the athletic program of the Lessee, NOW, THEREFORE in consideration of the premises and the mutual covenants as herein contained ;the parties aCree as follows: TERM The term of this Agreement shall 1979, throu'h and. including February 1, 1980. • USE. from eptember 1, The lessee is hereby authorized to use the. City facility known as the Miami Baseball Stadium, of conductinC baseball practice sessions.: C . LIMITATIONS or the purpose The Lessee understands and agrees' that the use f the Stadium is _ subject to any use contemplated" by the City on any Eiven day during the term of this Agreement,,and the Lessee further agrees to forego the conduct of any"Practice sessions en any days) the Director of the Departrfleflt of Stadiums anu i1.arinas or the Stadium's`Manager advises thatthere is another uze scheduled for the Stadium on such day(s), or on ti4194.41434.3 IN WITNESS WHEREOFthe parties hereto have executed this Agreenent on the day and' date first above written. Secretary. Attest: MIAMI-DADE COMMUNITY COLLEGE, DOWNTOWN CAMPUS. APPROVED AS TO FORM AND ' CORRECTNESS: City Attorney w •� AGREEMENT This Agreement entered into this day of, 19.79 by and between the MIAMI-DADE COMMUNITY COLLEGE, DOWNTOWN CAMPUS, hereinafter referred to as. the 'Lessee", ,:arid the CITY OF MIAMI a municipal, corporation of the Sate of Florida, hereinafter referred to as the "City". W I T N-E SET T WHEREAS the Lessee currently has no access to, facility in which to conduct its baseball practice sessions; and t;EEREAS,_<theCity is desirous of fostering harmonious relationships with the Lessee; and WHEREAS, the _ City. is ;interested in the ' development of the athletic, program of the Lessee, NOW THEREFORE, in consideration o and the mutual covenants as herein contained acree: as fellows 19 .. TERM the premises the parties'_ The term of this Agreement shall be 9,,throujh and including February 1, 1980. L. USE The lessee is hereby authorized to use the City from September 1, facility known as. the Miami Baseball Stadium", for the purpose of conducting; baseball practice sessions. C. LIMITATIONS The Lessee understands and agrees . that; the;, use of the. Stadium is subject to any use contemplated by the. City on any given`day during the term of .this. Agreement, and the Lessee further agrees to forego the conduct; of any practice sessions on any day(s) the Director of the and i',arinas Department of Stadiums or the Stadium's Manager advises that there another uscheduled for the Stadium on such day(s), or on wiar.-r4ttpt any. claY(s) ' when u e by Miami. Dade Comtnunity.College will interfere with the field maintenance operation by the City aid .decision shall by -inane at the sole discretion of 'the City without any. of appeal by. -the Lessee. D. FEE The Lessee agrees that the fee for the .use':of t 4iarni Baseball Stadium shall be the payment for any rendered by an employee at a rate .o.f at of the City beyond the services right e normal working day Six Dollars ,($6. 00) per hour, .payable to = the two week intervals beginning with the employee start, of the contemplated use lby -tile. Lessee. Tile Lessee further .agrees, .to- pay in al insurance and other direct costs borne by the costs o-1 indemni i'y , advance the City. INDEMNIFICATION The Lessee covenants and;: agrees., that it 'shall. hold harmless, and defend the Lessor from and against • any .and all claims, damages, ris nr; Burin the terra, of this lease Agreement, in or about the leased premises or .usethereof. all of the event., ofterminate le suits, actions or causes of reason for or as a result of Lessee's i'.. TERMINATION The Lessee agrees that it will perform. terms and covenants of this lease Agreement action occupancy and: abide by In the any breachof any such term or covenant, the 'Lessor', may this leaseAgreement upon 30 days written. notice: The se may be terminated by the Lessee.at notice. any upon written this Agre Attest: IN WITNESS WHEREOF the parties hereto have executed. event MIAMIDADE'COMMUNITY COLLEGE i DOWNTOWid CAMPUS Se cret ary CITY OF : MIAP9I City Manager City Clerk PREPARED. AND APPROVED BY:. (LvL 4�, • �� Assistants City Attofney City Attorne