12993 RESOLUTION NO. 12993
WHEREAS, the Dade County Board of Public
Instruction has advised the City of Miami Beach that as
a result of legislative action which became effective July
1, 1969, the Dade County Board of Public Instruction is
no longer immune to tort liability, and
WHEREAS, in view of the foregoing, the Dade County
Board of Public Instruction has further advised the City
that it will require of and from the City a "Hold Harmless
Agreement" indemnifying the Board against any loss or damage
arising out of any use of Board property by the City, and
WHEREAS, the said Board has submitted to the City
a proposed form of "Hold Harmless Agreement, " which has been
approved as to form by the City Attorney, and
WHEREAS, the City has no alternative except to
enter into such a 91Hold Harmless Agreement" or be debarred
from the use of the Board' s properties, for City purposes,
including elections, and other purposes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor
and City Clerk-Finance Director be, and they are hereby
authorized to execute the said "Hold Harmless Agreement, "
as approved by the City Attorney, and to deliver the same to
the Dade County Board of Public Instruction.
PASSED and ADOPTED this 1st day of April , 1970.
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Attest :
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City Clerk-Finance Director
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
HOLD HARMLESS AGREEMENT
January 1 - December 31 , 1970
corporation,
City of Miami Beach, Florida, a municipal/ a body
politic, agrees that it will defend, indemnify and save harmless the
Dade County School Board from all actions or proceedings commenced by
third persons to recover damages for injuries to persons or property
brought against the Dade County School Board, arising from any use,
activity or action of said City of Miami Beach,
its ' officers, agents, servants, employees or from any condition or
use of the leased premises, whether the body politic be in actual or
constructive possession or control of the premises .
Said City of Miami Beach, a body
politic, further agrees to be responsible for any damage caused to
the real or personal property of the Dade County School Board while
under lease to said City of Miami Beach,
a body politic, by their possession, constructive or actual, arising
from any actions or use of the property by said City of Miami
Beach , a body politic .
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WITNESSES City Clerk-Finance Director
April 1 , 1970
DATE
This Hold Harmless Agreement must be accompanied by a
corporate resolution properly signed by the municipal officers, showing
that they were authorized to enter into this Hold Harmless Agreement
in accordance with their Charter.