HomeMy WebLinkAboutExhibit-2 UntitledHOLD HARMLESS AND INDEMNIFICATION AGREEMENT
THIS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
(hereinafter the "AGREEMENT"), made and entered into this ri day of September,
2003 by and between MIGUEL GABELA, and wife as joint tenant with the right of
survivorship, party of the first party, (hereinafter called "owner"), and the City of
Miami, Florida, a municipal corporation of the State of Florida, in the County of
Miami -Dade County, party of the second party, (hereinafter called "CITY"); and
WHEREAS, OWNER is the fee owner of the parcel of land located at (1111 NW
17TH COURT, Miami, Fl 33125 ) more particular described in the attached Exhibit
"A"(hereinafter called "Property"); and
WHEREAS, OWNER has requested permission from the CITY to maintain an
existing dock located along the canal maintenance easement agreement effecting the
property (1111 NW 17TH COURT, Miami, Fl 33125.)
WHEREAS Section 55-14 of The Code of the City requires the execution of this
Agreement as a condition precedent to the granting of said permission to owner to
maintain the dock along the canal maintenance easement.
NOW THEREFORE, in consideration of the permission by The City to allow the
maintenance of the encroachment over the canal maintenance easement that exist upon
the aforementioned property subject to the terms and condition set forth Herein below
and in consideration further of these premises, owner does hereby agree with the City as
follows:
1. The foregoing recitals are true and correct and are made a part hereof.
2. OWNER is hereby allowed to maintain the aforementioned encroachment
over the canal maintenance easement located (1111 NW 17TH COURT Miami, Fl
33125.)
3. OWNER shall indemnify, defend, and hold harmless CITY from any claims ,
demands, liabilities, losses or causes of action of any nature whatsoever arising out of the
use, construction, maintenance and/ or removal of the encroachment , or any part
thereof,
from and against any orders, judgments or decrees which may be entered and from and
against all cost, attorneys fees, expenses and liabilities incurred in the defense of such
claim, or in the investigation thereof.
4. OWNER shall indemnify, defend and save CITY harmless from and against
any and all claims, liability, losses and causes of action, of any nature whatsoever which
may arise out of the granting of the AGREEMENT or out of OWNER'S activities under
this AGREEMENT, including all other acts or omissions to act on the part of OWNER
or any person acting for or on OWNER'S behalf, and from and against any orders,
judgments or decrees which may be entered and from and against all costs attorneys'
fees, expenses and liabilities incurred in the defense of any such claims or in the
investigation thereof.
5 It is expressly understood and agreed that this instrument shall be binding
upon OWNER, and also upon heirs, successors in interest or assigns of OWNER, and
shall be a condition implied in any conveyance or other instrument affecting the title to
the aforesaid property or any portion thereof.
6. Any notice, request, demand, approval or consent given or required to be
given under this AGREEMENT shall be in writing and shall be deemed as having been
given when mailed by UNITED STATES registered or certified mail (return receipt
requested ), postage prepaid, to the other parties at the addresses stated below or at the
last changed address given by the party to be notified as herein specified:
OWNERS:
CITY:
MIGUEL GABELA AND MARIELA GABELA
1111 N.W. 17t COURT
'Miami, Florida 33125
CITY MANAGER
THE CITY OF MIAMI
3500 Pan American Drive
Miami, Florida 33133
DIRECTOR OF MUNICIPAL SERVICES
THE CITY OF MIAMI
444 S.W. 2r1D Avenue
Miami, Florida 33130
IN WITNESS WHEREOF, OWNER has caused these presents to be executed and signed
the day and year first above set forth.
OWNER:
F' itness
i .re-e, . 0E44-
Witness Print lIame & Address
nd Witness
4c.f-x-^Zi .o45-En-r A Leo. / r
.16 f N.W. /fs7 rr; �14
Witness Print Name & Address
Gabela
iela Gabela
CITY MANAGER'S DESIGNEE:
Acting Public Works Director
Department of Municipal Services
APPROVED AS TO FORM
And correctness:
City Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this 2°d day of September 2003, Personally
appeared before me and officer duly authorized to administer oaths and take
acknowledgments, Miguel Gabela, and Mariela Gabela they are personally known to nee
or have produced S e i'f etil 'f K�J4 WO •
as ident'cation.
NQ4ICL,'06) a 00 C'
My Commission Expires:
NOTARY PUBLIC
STATE OF FLORIDA
EXHIBIT "A"
Tract A o Betty's Island Subdivision, according to the Plat thereof, as recorded in Plat
Book 109, at Page 57, of the Public Records of Miami -Dade County, Florida, plus all the
part of the unnumbered tract lying northerly of N. W. 17TH Court, as recorded in Plat
Book 7, at Page 140, Lawrence Park Subdivision , of the Public Records of Miami -Dade
County, Florida, lying northerly of Tract A of Betty's Island Subdivision, according to
the Plat thereof, as recorded in Plat Book 109, at Page 57, of the Public Records of
Miami -Dade County, Florida.