HomeMy WebLinkAboutR-03-0946J-03-757
9/10/03
RESOLUTION NO. 03- 946
A RESOLUTION OF THE MIAMI CITY COMMISSION
WITH ATTACHMENT (S) AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INDEMNIFICATION AND
HOLD HARMLESS AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH 1001 NORTHWEST 7TH STREET
PROPERTIES, INC., WHICH AUTHORIZES THE
DEPARTMENT OF FIRE -RESCUE'S USE OF THE
PARKING LOT LOCATED AT 1001 NORTHWEST '7TH
STREET, MIAMI, FLORIDA, DURING THE GRAND PRIX
OF AMERICAS RACE TO BE HELD IN DOWNTOWN MIAMI
SEPTEMBER 26 - 28, 2003, WITH TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN
THE AGREEMENT.
WHEREAS, the Department of Fire -Rescue requires adequate
parking for the staging and storage of approximately 100 fire
rescue personnel assigned to work the Grand Prix of Americas Race
co-sponsored by the City of Miami, to be held in Downtown Miami,
from September 26 - 28, 2003; and
WHEREAS, to prevent losses and damages of fire personnel
equipment, a "standard" indemnification and hold harmless
agreement is necessary for the use of the parking lot located at
1001 N.W. 7th Street, Miami, Florida; and
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WHEREAS, last year, the Department of Fire -Rescue used said
parking lot during the 2002 Grand Prix of Americas Race held
October 4 - 6, 2002, and there were no incidents, damages or
losses reported during the event;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorizedll to execute
an Indemnification and Hold Harmless Agreement, in substantially
the attached form, with 1001 Northwest 7th Street Properties,
Inc., which authorizes the Department of Fire -Rescue's use of the
parking lot located at 1001 Northwest 7th Street, Miami, Florida,
during the Grand Prix of Americas Race to be held in Downtown
Miami September 26 - 28, 2003, with terms and conditions as more
particularly set forth in the Agreement.
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 2 of 3
si3— 946
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED this 11th day of September , 2003.
ATTEST:
PR CILLA A. THOMPSON
CITY CLERK
APPROVED AS
KEJWXVVILARELLO
C I TAX'' ATTORNEY
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AND CORRECTNESS:tj
C
EL A. DIAZ, MAYOR
ai If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 3 J3— 946
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT ("Agreement") is made day of , 2003, between
the City of Miami (the "City), a municipal corporation of the State of Florida, and 1001 N.W. 7th
Street Properties, Inc., a Florida corporation ("Owner") for the City Fire Department's use of the
parking lot located at 1001 N.W. 7th Street. ("Property") for parking during the Grand Prix of
Americas race held September 26-28, 2003.
NOW THEREFORE, in consideration of the mutual covenants and promises set forth
herein and subject to the provisions of Section 768.28, Florida Statutes, and other applicable laws,
the City agrees to indemnify, defend and hold harmless Owner and its officials, employees and
agents (the "Indemnitees"), from and against all loss, costs, penalties, fines, damages, claims,
expenses or liabilities by reason of any injury to or death of any person, or damage to or
destruction or loss of any property resulting from, to the extent of or in connection with City's, its
agents, employees or invitees use of the Property. City shall further indemnify the Indemnitees as
to all costs, reasonable attorney fees, and expenses in connection with the defense of any such
claims and the investigation thereof.
Notwithstanding the provision above, the City does not indemnify, defend and hold
harmless Indemnitees, from and against all loss, costs, penalties, fines, damages, claims,
expenses or liabilities by reason of any injury to or death of any person, or damage to or
destruction or loss of any property resulting from, to the extend of or in connection with,
the Indemnitees' sole negligence. The provisions of this Agreement shall not be a waiver of
the provisions of Section 768.28, Florida Statutes.
In WITNESS WHEREOF, the undersigned has executed this Agreement.
ATTEST: "OWNER"
1001 N.W. 7th Street, Properties, Inc.,
a Florida corporation
Print Name:
Print Title: Print Name:
Print Title:
ATTEST: CITY OF MIAMI, a municipal corporation
of the State of Florida
Priscilla A. Thompson Joe Arriola
City Clerk City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
Diane Ericson, Administrator
Risk Management Division
;A- 946
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayo
mbers of t City Commis ' n
FROM: oe Arriola
hi f Administrator/City Manager
RECOMMENDATION
CA -29
DATE: C -T — 2 2003 FILE: FM-096.doc
SUBJECT: Resolution Authorizing the City
Manager to enter into an Indemnity/
Hold Harmless Agreement with
REFERENCES: 1001 N.W. 7th Street Properties, Inc.
ENCLOSURES:
Resolution, Contract
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute an Indemnification and Hold Harmless Agreement with
1001 N.W. 7th Street Properties, Inc., for the Department of Fire -Rescue. The aforementioned
agreement permits Fire -Rescue personnel to use the parking lot located at 1001 N.W. 7th Street,
during the Grand Prix of Americas race held Downtown Miami, starting September 26 — 28,
2003.
BACKGROUND
Once again, the City of Miami will be co -sponsoring the Grand Prix of Americas race held in
Downtown Miami, from September 26 — 28, 2003. As a result, the Department of Fire -Rescue
requires adequate parking for the staging and storage of approximately 100 fire rescue personnel
assigned to work this special event. To prevent losses and damages of fire personnel equipment,
the aforementioned agreement is necessary for the use of the parking lot located at 1001 N.W. 7"
Street. Last year, the Department of Fire -Rescue used said parking lot during the Grand Prix of
Americas race held October 4-6, 2002, and there were no incidents, damages or losses reported
during this event.
Fiscal Impact: None.
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