Resolution 2709 RESOLUTION NO. 2709
APPROVING A PROPOSED AGREEMENT WITH FLORIDA POWER
& LIGHT COMPANY AND/OR THE MIAMI BEACH RAILWAY
COMPANY WHEREBY FLORIDA POWER & LIGHT COMPANY
AND/OR THE MIAMI BEACH RAILWAY COMPANY GIVE TO
THE CITY OF MIAMI BEACH THE RIGHT TO INSTALL,
OPERATE AND MAINTAIN EQUIPMENT FOR AN ELECTRO-
MATIC TRAFFIC DISPATCHING APPARATUS ON ELECTRIC
AND/OR RAILWAY POLE AT THE INTERSECTION OF THE
DADE COUNTY CAUSEWAY AND THE ROAD LEADING TO
STAR ISLAND IN THE CITY OF MIAMI BEACH, FLORIDA,
UNDER CERTAIN TERMS AND CONDITIONS; AUTHORIZING
AND DIRECTING THE MAYOR AND THE CITY CLERK OF AND
ON BEHALF OF THE CITY TO EXECUTE AND ENTER INTO
THE SAID AGREEMENT WITH FLORIDA POWER & LIGHT
COMPANY AND/OR THE MIAMI BEACH RAILWAY COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MIAMI BEACH, FLORIDA:
1. That that certain Agreement between Florida Power &
Light Company and/or The Miami Beach Railway Company and the City
of Miami Beach, which is hereinafter set forth in full in
Section 2 hereof, be and the same is hereby approved as to form
and substance.
2. That the Mayor and City Clerk and such other officers
of the City as may be required to do so by law, be and they are
hereby authorized and directed to execute and enter into the
Agreement approved in Section 1 hereof, and hereinafter set forth
in form, words and figures:
, ORT: VT, Made and entAred into this
thy or December, 19Ft0 by and between FLIBTfA POWRit & LIORT
MANY„ A corporetion organized and existins under the laws
of the iitate of ?tort , 4M/or TT'', mrAmi 11-44U7,1-T !. AILWAY VIVASTs
a corporation organized and existing under the lava of the
Statr of Florida* hereinfter Severally and jointly called
"Licensors,* and the OTTY, IF ,ITMX nrAcT4 a municipal corper.
ation organised and existing under the it the ::;tato e
Florida, and it successors, herAnafter celled "Listens,,,
WITVESSET as
That said Licensors, for and in consideration of
the øU A of One Dollar ($1.00) to them in hand sti:!, the re-
SeiPt whoroot is he rwhow acknowledged and the covenants ard
„,
Seree ' ents ef the Licensee hereinafter set forth, hereby give
to the License the right to tbstall, operate and maintain
certain designated ftwuipment for an Flectro-Natio Traffic
Dispatching Apparatus on the polo at the intersection of the
Dade County Causeway and the rad leading to :tar Islend in
the City of tUai Beach, Florid,-, , 43 shown on the print
atteceed hereto -arked "Trhibit A" end ex;reely made e p:Art
hereof, for 5UC t1w , from year to year hereafter, stibjeot
to the terms and conditions herein, as the Licensors in their
discr,,tion shall and may permit.
The Licensee hereby covenants ant agrees as follows*
1# To pziy to the Licensors the sum of Ons
(.1000) in advance uoon the execution and delivery If this
Agreements a an annual oaynent fe, Cre rivt1ege :: in
granted, and, if renewed, the same amount in advance for rach
and *Very year thereafter until terminated, and in th -, event
Qi t ,raination any money 7-- 11 in r.Advance un ,t_4rrHd
be r,Aornad to Licensee,
t, Thlit if c;;Laipeent t Licenee
at any time intrfor witM or endanger t 1,?ctrie ?Gies
of the railway and/or other equipment of t Licensor* *V
the present or future elottrie and/or rallasy eenipsont
placed thereon by the Licensors, 4r tee operations, main*
towlines or improvements of the Licensors, the LicenSee shall
and will et its -own expense, on written totico from the
Licensor*, or sithr of thee, changes olter„ improve, repair
r renew the sane:p as mow be prescribed by the Licensors,
15, That if said Licensors in their discretion *hall
give natioe to the Licmsee of the termination of this Agree-
ment as '4,,ervin provided, ;,,,Aid Licensee will at its own expense
remove its ontiro 4.eoiprnt fro the said electric poles et
such 4 time and in, mods a manner herein provided, but auch
revovel rill not be required by the Licensors so long as the
Licensee *empties with this Allyerlents -unless it becomes neces-
eery in the lodgment of the Licensor* to require such removl
in the protection, .te,intenance or improvement of the Licensors,
,,r12orty
That the equipnont the Licensee Shall net be
suspended in such a manner .that any part thereof IS within or
nearer then s distance of five (5) feat from any electric or
trolley line owned or used by the Licensers.
54 That the eeuipmmt or apparatus of V-7.s Licensee
st-oll at all times be maintained and operated in accoriance
with the beet tIoderft4t100cm1), applicable to such *PuiPment or
apparatus, and In comb a emaner as not unreelonably to inter-
fere with Lieeneorst operation of their electric, railway
and/or other equipment,
*Pe
. prior toth termination of this Agreement,
ican3ee will remove c=pAplqtely frothe electric poles
shn n "Lxhielt A*'. all or tr uip ,.nt placed theron*
enc will remove the equipment in sueh u Tfanner as to leer,
the electric* railway oadior other equipment of tho Liceneere
In the condition ta mbieh they *silted prior to any eaoroiso
of thi' right by the 140.0.00 heremmdert r;,,..ssonable ever and
tear excepted,
?. Thut i thi, event ato Licensee fails to comply
with the ,Provisions of Section 6 hereof, Licensors may remove
iMmedistely tha sauipment installed in pursuance of this
AgPosamint, and thk 'Aeons*c vireos to pay all cost* and ex.
arses incurred by the Licensors in making mach removal„
resonablo fee for the labor end material employed by the
Licensors in so doing.
et That Licensee shall end *ill eS *11 times here.
after indemnify and save harmless said Licensors, their sos.
cessorii and assigns* from and against all suits, clAn't
udgenta* and all love, damage, *eats *Winos end . nae
which it may suffer* sustain' or in sqr wise he subjected to,
either on 4ceount of loss or damage, occurring to the Licensors
on their railway, electric and/or other trAlipm'nt* or on ac-
count of personal injuries to any employee or other r4froon
holding the. Li-ensera responsibl,,-, therefor, arising out oft
resulting fromt or in any manner caused by the sonstruction„
operation, tuaintenentset presence or removal of :mid ectnipment
on the electric, rail**, and - ther equipment of the Licensors.
That t!le Licensors will be hold harmlels by the Licenses from
any unavoidable damage accruin to Licensee-10 equipment due
to loloomsorst operation or maintnanc-. thereof,
* Thet this AgOosimont may he cancelled at any time
Open thirty (so) days notice in writing by either party to the
other.
10. That thiS grent is for the term of one year,
nnd hall continuo in *treat frost year t year, subject to
t ArAmo terws and conditions a herein contained, unless
eancelled as provided for to Section 0 hereof*
110 'hot this Agreement shall extend to and be
. binding open the OU04110000F0 004 assigns of thq parties hereto,
IN PITSESS VIISOMOV, the Licensors and Licensee nave
hereunto eue,A this Agreement to be executed in triplicate
by thir duly authorized officersg,11.1. their official neals to
be affixed the day and year first above stiten*
Sined, sealed and delivered FLORI12;1 P0WI.'44 it LIOBT COMPANY
t* the presence f:
President and Oeneral ;1.anager
ATYST:
Stenedl sealed and delivered . L. BVACff PAILAY GrIttANY
Is the presence oft
, By .
-4.-.:0scretary
Aged, Sealed and delivered CITY I? MIAMI 'SPACE
in the presencm'.. ofs
. By
**yet
AT1r1T4
SP9s*Sood as to fors and dub- City Clerk
ItPhoO, this day of
ember,
Aorney .or : ity of M.:4.mi
A.proved as to form and substance,
this de, of Decelebr„ 19ZZ.
Hty .Yanager
.4-
PASSED AND ADOPTED this 4th day of December, A. D. 1933.
.iii Lir mt. -r-
President o ity Council
ATTEST:
City Clerk
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