HomeMy WebLinkAboutR-13-0426City of Miami
Legislation
Resolution: R-13-0426
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01116 Final Action Date: 10/24/2013
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 THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR
MOORE PARK, B-35887.
WHEREAS, the City of Miami ("City") is the fee owner of the real property legally described in
Exhibit "A", attached and incorporated, hereinafter referred to as Moore Park; and
WHEREAS, the Miami -Dade County Water and Sewer Department ("County") owns and operates
a twenty (20) inch water main located in theoretical Northwest 8th Avenue, Miami, Florida, within a
water easement or dedicated right-of-way within Moore Park; and
WHEREAS, the City has installed improvements to Moore Park, consisting of chain -link fences,
light poles, irrigation sprinkler pipes, a running track, a grandstand, and trees, as identified in the
drawing, Exhibit "B", attached and incorporated, all of which encroach on the water easement, and all
of which may conflict with the operation and maintenance of said existing water facilities owned and
operated by the County; and
WHEREAS, the County has requested that the City enter into an Indemnification and Hold
Harmless Agreement ("Agreement") acknowledging and agreeing that Moore Park has existing
improvements that encroach upon the water easement or dedicated right-of-way; and
WHEREAS, in the Agreement, the City further acknowledges and agrees that the existing
improvements at Moore Park may conflict with the operation and maintenance by the County of said
water facilities within the easement or dedicated right-of-way; and
WHEREAS, said Agreement includes a cross -indemnity provision applicable to both the City and
the County;
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 fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute an Agreement, in substantially the
attached form, with the County for Moore Park, B-35887.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
City of Miami
Page 1 of 2 File Id: 13-01116 (Version: 1) Printed On: 9/20/2017
File Number: 13-01116 Enactment Number: R-13-0426
Footnotes:
{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 City
Charter and Code provisions.
{2} 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.
City of Miami Page 2 of 2 File Id: 13-01116 (Version: 1) Printed On: 9/20/2017