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HomeMy WebLinkAboutR-78-0462RESOLUTION NO, 7 8 '` 4 6 2 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, 1978 THROUGH FEBRUARY 1, 1979 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 Stadium by the Miami Dade Community College, Downtown Campus for the previous five 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, 1978 through February 1, 1979 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 and 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 13 day of JULY , 1978. MAURICE A. FERRE MAY O R C 107- "DOCUMEN T INDEX IT F M NO.,..,.. PREPARED AND APPROVED Y. e 0-4ea— Assistant City Attorney APPROVED AQ c- City Off--flp C ,!h ECTNESS; 1I CITY COMMISSION MEETING OF JUL 1 3 1978 RESOLUTION Ng 8 _ ! f i REMARKS: ..„.. ..... rr • «Joseph R, Crassie City Manager Yam► a+/ / �✓ R. L, Jennings, Director °~Stadiums & Marinas Department `•.:iTY O P•IIAP.11. FLORIDA ti rL R-oi-Ft {-y MEMORANDUM h _• 1 . i 1 � .,a.K• June 265 1978 .;r Use of Miami Stadium by Miami Dade Community College I_ Copy of meMo to Law Dept, Copy of draft Resolution Copy of draft.Agreement For the previous five 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, 1978, through February 1, 1979. The Department of Stadiums and Marinas recommends the adoption of the attached resolution granting use of the Miami Baseball Stadium by Miami Dade Community College, Downtown Campus, and authorizing the City Manager to enter into an agreement with Miami Dade Community College, Downtown Campus, for said use. RLJ:RSR:cb cc: Law Department 7 8 - 4 6 0 ..../i #r.w TO: George r . Knox) jr. City Attorney CITY OF MIAMI, r:LORIOA Infra,OPPICE MEMi FA►VbUM FROMs R. Li Jennings, Direotor Stadiums & Marinas Department weft. June 26, 1978 Request for Resolution and SUBJECT Agreement for use Of Miami Stadium by Miami Dade Community College. REFERENCES: Copy of memo to City Manager ENCLOSURES: Draft Resolution and Agreement. Please prepare for the earliest possible Commission meeting a Resolution granting use of the Miami Baseball Stadium by Miami Dade Community College, Downtown Campus, for the purpose of conducting its fall baseball practice sessions from September 1, 1978 through February 1, 1979, subtlect to advance payment of event personnel, insurance and other direct costs borne by the City, and further subject to the availability of the Stadium on certain dates, and authorizing the City Manager to enter into an agreement between the City of Miami and Miami Dade Community College, Downtown Campus, for said use. The Miami Dade Community College has been granted use of the Stadium for the past five years and the Commission has determined that such use constitutes a public purpose. The Department of Stadiums and Marinas recommends the adoption of the enclosed draft Resolution which has been prepared for your convenience. Also enclosed is a draft Agreement between the City of Miami and Miami Dade Community College, which was based on the past Agreements. RLJ:RSR:cb cc: City Manager n maw MEM mimmk This Agreement entered :into this _......,day or 1978 by and between the MIAMI-DADE COMMUNITY COLLEGE, DOWNTOWN CAMPUS, hereinafter referred to as the "Lessee", and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Lessee currently has no access to a facility in which to conduct its baseball practice sessions; and WHEREAS, the City 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 agree as follows: A. TERM The term of this Agreement shall be from September 1, 1978,,through and including February 1, 1979. B. USE The Lessee is hereby authorized to use the City 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 Department of Stadiums and Marinas or the Stadium's Manager advises that there is another use scheduled for the Stadium on such day(s), or or. 78-462 MffMW MIMW MMW NNW EMMEN any day(s) when use by Miami Dade Community College will intetfete with the field tmaintenatioe oketation by the City, Said deoision • shall be trade at the sole discretion of the City without any tight of appeal by the Lessee, •D. FEE The Lessee agrees that the fee for the use of the Miami Baseball Stadium shall be the payment for any services rendered by an employee of the City beyond the normal working day at a rate of Six Dollars ($6,00) per hour, payable to the employee at two week intervals beginning with the start of the contemplated use by the Lessee. .The Lessee further agrees to pay in advance the costs of all insurance and other direct costs borne by the City. E. INDEMNIFICATION The Lessee covenants and agrees that it shall indemnify, hold harmless, and defend the Lessor from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this lease Agreement, in or about the leased premises by reason for or as a result of Lessee's occupancy or use thereof. F. TERMINATION The Lessee agrees that it will perform and abide by all ofthe terms and covenants of this lease Agreement. In the event of any breach of any such term or covenant, the Lessor may terminate this lease Agreement upon 30 days written notice. The lease may be terminated by the Lessee at any time upon written notice. 78-4621 r IN WITNESS WHMIEOF the patties hereto have ekecuted this Agreement of the day and date first above written. Secretary Attest: MIAMI-DAD COMMUNITY COLLEGE DOWNTOWN CAMPUS CITY OF MIAMI City Clerk City Manager PREPARED AND APPROVED BY: Assistant ity Atto APPROVED AS TO FORM AND CORRECTNESS: City Attorney 3 3 .4 c