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Home My WebLink AboutR-01905f "SuPPORT V X :.: Ni muoloi 1SoLtx Ioi` ND. •e aillh,fas, same. .K.Ng116. A RESOLUTION AUTHORIZING THE CITY mittlan TO ENT.kE INTO AN AGziEEi" NT, FOR AND ON BMW PP . TRS_ CITY 0, iIA*ter, 'vI+ i THE COP.AI. OABI B UTILITIES Lb ORAT/ON INDEMNIFYING AND HOLDING. HARR.LESS,. THB SAID, CITY or MIAttI P'1 O J ANY LOSS OE LIMY DUBTO ' fO t CAUSED BY THE OPERATION 0P THE CORAL GALES STREET CABS BOTH WITHIN AND WITHOUT THE CITY Lfl ITS; AND AU'! ROBIZIi THE Aa P ROVAL OF THAT CERTAIN CONTRACT. OF :. E :P.i OYT BEMEN THE CORAL G:J3LES UTILIPIES CORPORATION Aft' "DOCUMENT INutxTIAIII BEACH RAILWAY COM2ANY. • ITEM NO. PI BE IT RE CLVED by the Commission of.the.Cityo$-.ilami 1: That the City Manager be, and.he ie,hereby authorize and.direoted to enter into and execute that.oertain.agreemeut and between the Coral Gables Utilities Corporation and, the :City of Miami by the terms whereof the City of Miami is fully, and,, ;K completely indemnified from all loss, cost damage or expense of. any ',rind educed by or arising out of the operation, maintenance or construction of the electric street railway of the Coral Gables Utilities Corporation as doll as the operation of said street rail- vay upon and over the tracks owned by the City of .Rani, said agree- ment to be in the follows n,: form, to -wit: T-IS 1:::L:L.L:,T entered into this day of ;arch, A. D. 1925, by and between the Coral Gables Utilities Corporation, a Florida Corporation, (hereinafter called the Coral Gables Corporation), party of the first part, and IL:. CITY OF MIA:I, a municipal corporation of the State of :Florida, pa:.t;, of the 2ecoud part; :::;:.AS, the Coral Gables Corporation is about to construct and o•in an ,..lect is street railway, consisting of tracks, trolley rir=c, care and 711 other necev; a.ry a?purteuanees, from the present western city 1i nits of :.:Radii, Florida, westward along 'Jest Flagler ;street to _-once ie aeon - (:. -levard uiij ;,hen wouthwesterly along said -J'fLvard to the .d.in, ;ra,ion 3fl'A.ding it e. ed at Coal 'sables a '=:lstance Of ao roi.i .El;, . . "5 ..l� l@s and is ,.eLiro,:c .o; securing the services of the :each ..,1._.:'a�,' Co.:i.)any, a "lorida corpora- tion, to oper:.te said street i_ilaay in uonnectiou with the railway _ic it no.7 Ooer:.te6 in .'.ia.li, Florida, and _r .....c.:, The .fides 3Oae!? ,sit:.'a;;' Co..ioan; i.e oper:sting under an a-a'ree=itent :'itr, the Cit;,' of .aiEt;:ri Florida, the electric Street railway syLtern o ;u i b�. said City, is ..:ia::;i, Florida,aud is wi.11iag to uncier$p,ke for u id on -:;e%alf of e 0 ,-a ;w. 1 1 ,:les Corporation the oiler- • ,• • 0 tha rai1war of,tho 40ia1 0100 Corporation, theClty 1tmtte and oUtsida'and otrek' the tracks abOlfe'itata nERBAS, the Coral Gables Corporation is desirons:of,haying: • the contract approved by and between the Coral Gables Corporation and. the Miami Beach Railway Compan, by theCity of Miami,110rida; NOW, THEREFOREThis agreement, WITUBBSETR: • The Coral Gables Corporation agrees to.fully and completely indemnify and hold harmless the City of Miami, a munioipal Oor!. poration, from all lost, cost, damage and expense of any kind, whether to property, life or limb, caused,by or arising out of, the construction, operation or maintenance of said railway line, upon and over its traoks from the present western oity limits ef Miami, Florida, westward along West Flagler Street to Ponce de Leon Boulevard and then southwesterly along said Boulevard to the Adminis- tration Building situated at Coral Gables, as well as over the lines owned by the City of Miani, a municipal corporation, within the City limits and at the cost and expense of the Coral Gables Corporation, and without cost or expense to the City of Miami, to defend all a action or suits of any kind which may be instituted or brought a- gainst the City of :aami by or on account of da3ages of any kind arising out of such coustruction, operation or i:laiatenance, and to pay off, disohlarge and sati f;, any ju:Lentc, including the cost and expease thereof, which may be had or recovered against the City of 4iaiui, on account of any claim or damage so arising, and upon the pay:Aent of any ouch jue;ileat cot or expense by the City of Miami, Florida, the Coral Gables Corporation shall owe the Cit;;: of Miami the amount so paid ana the same shall be immediately due and pay- able by the Coral ay:a Coloortion to the City of Miai, Provid- ed, however, thaz the Coral ;;..1)les Corporction hall not he resocol- zil)Le for an 1 or dafna;Te of alk And la e e:.;i:Ist the Cit:/ of Liai d'ie to or ,JriE.in out of the onelL:tion or 'Ilaiatenance of said railwayliie, u Iles:: the Coral G ')les Cor-)olation he notified of the E.,ne by the City of tiai l'.011 as oix(.:illstanoee )erAt and given the riAt to a6jnet, ooi:I?ro-flise or other4iEe settle the eame, and ia 'SUPPORTIVE DOCUMENTS FOLLOW" ... a ":.d4P}Yiga�.a i�ti:l such be necessary to IN FITNESS this instrument pit un ee tat t �'.: ri it to, .ap ear by itc ooini either alone or in oonjuotion with the oownoel 6 .the O3t30` Miami in defense of saidsuit as said Coral Gablee Corporaton may eleot. Coral Gables Corporation further agrees to furnish: to the Oityof Miami,prior to the time the said railway linemie placed in operation, a good and sufficient surety bond in the amount of Twenty-five Thousand 425,000.00) :collars ing said City of Miami against all such lose, cost, indemnify - damage and expense as hereinabove in this paragraph provided, and to renew or_ otherwise obtain such surety bond or bonds at such times and for periods as may so indemnify said City of Miami. H RZOF the parties hereto have hereunto caused to be signed by their duly authorized officers and their official seals to be hereunto affixed the day and the year above written , (CORPORATE SEAL) ATTEST: (Signed EE.;I T G. 3IS'HOP Seoretary Witnesses as ro Coral Gables Utilities Corporation. (Signed) ::ay::,e Nelson (Signed) F. W. ,Jebster (CORPORATE SEAL) ATTET:(Sined) H. E. ROSS City Clerk Witnesses as to City of Miami; (Sinned) Louis MaoRe;,ynclds (Signed) H. M. :'Jhi tco_,b S'yFLORIDA) TE OF � CCJ.77 07 ) take CORAL GA3LES U?ILITIES CORPORATION By:(Signed) GEORGE E. MERRIOZ President. TEE CITY OF :1IA1I, By(Signed) F. H. aiHAR2ON City Mananer "SUPPORTIVE DOCUMENTS FOLLOW" 3efore the subscriber, a !Totar , i'nbl .e, dl�l; a �., .orized to ac :aowle:,-::::tents aims aa!aiaicter oat'::', oer::Jaa it y apoeaai ed %eorge E. 'err i e , _'resioetit, and _:;J"'J1tl r. i J �, Zecreta:', of the Coral G& 1e: Jtilitie: Curoration, 7ino '�ei 1 b� :e first du1 ,' s torn, leoose aud ; aM, tits .:, ;hey e:,:ey,tted the `oreizoinz a`ree- .:lent for the uses a,iu pur2oses t;.erei.i el::,re :sed, :il7'•',I:..3 rxr hared sad official seal at "ia:7ri, 71orida, this 2:5rd da of ;:arch, A, D, ake a;cknowled, aent:6 a td adminig,te.r;:: oatha ' pezeona ►r arton,. 'As ,City Manager, and H. 1. Hoe . �. B ►.. � s, a4:.:. City: e ;Pit i of ; tiami., who being .by,me first 6ul0; aworn4 saepaee : a that ,they executed the foregoing agreement; for., the ;ueea;;a purpo,eea.therein expressed. 74I1'NESS my hand and the . officiala t. Miami,- i, - ' l o ri d& ..$eal 24th day of_ +arch,. A.. D,:.19,25. (:NOTARIAL SEAL)' J. , VAN GELDEREN.. Notary public, State o Florida at Large. my Commission expires: August 14, 1925. • 2: That the City of Miami hereby approves the contract of e;aployment by and between the Coral Gables Utilities Corporation' and The Miami Beach Railway Company and the City Manager is here- by directed and authorized to execute the approval by the City of Miami of said contract. PASSED AND ADOPTED this 24th day of March, A. D. 1925. ATT!ST: IS A Y 0 :ti.