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Resolution 81-16773 RESOLUTION NO. 81-16773 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A REVOCABLE PERMIT FOR THE PLACEMENT OF FUEL LINES UNDER A CERTAIN PORTION OF A CITY EASEMENT, CONSISTING OF AN ALLEY SEPARATING 337 71ST STREET AND 7125 ABBOTT AVENUE, MIAMI BEACH, FLORIDA, IN ORDER TO INTERCONNECT FUEL STORAGE FACILITIES ON BOTH SIDES OF SAID ALLEY. WHEREAS , the City Commission of the City of Miami Beach has reviewed the proposed revocable permit granting Shell Oil Com- pany, a Delaware corporation, and Cheretis Auto Service, Inc. the right to install fuel lines under the alley located between 337 71st Street and 7125 Abbott Avenue, Miami Beach, Florida in order to in- terconnect fuel tanks at both locations; and WHEREAS , the City Commission has been advised by the City Manager that said permit is in the best interest of the City of Miami Beach; and WHEREAS, the City Commission has been advised by the per- mittees that it accepts the terms and conditions of said permit; NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Miami Beach, Florida hereby grants the aforementioned permittees the permit as described in the attached Permit Documents, which is incorporated herein, and authorizes the Mayor and City Clerk to execute said permit. PASSED and ADOPTED this 16th day of September, 1981. MA *R ATTEST: E/Gy,,L / tri► CITY CLERK APPROVED LTA:ab LEG> DEP t 9/29/81 ..1/0 By � Date OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 I REVOCABLE PERMIT THIS AGREEMENT, made on the 16th day of September , 1981, by and between the CITY OF MIAMI BEACH, hereinafter called the "City" and Cheretis Auto Service, Inc. , a Florida Corporation, and Shell Oil Company, a Delaware corporation, hereinafter called the "Permittees . " WITNESSETH: For and in consideration of the restrictions and covenants herein contained, the City hereby permits , for a period of five years commencing on the date that this permit is approved by the City Commission, the use of a certain agreed upon City easement (as delineated on the attached map) for the placement and maintenance of underground fuel lines . IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RES- PECTIVE PARTIES HERETO: That the recitations , statements , covenants, warranties and agreements hereinabove captioned and set forth hereinabove and in the attached articles are true and binding upon the respective parties hereto. ARTICLE I ALTERATIONS BY PERMITTEE Permittees shall be permitted to excavate and place under- ground fuel lines within the area which is the subject of this re- vocable permit, subject to the exact location being approved by the Director of Public Works . Permittees shall not be permitted to construct or erect any building , fence , wall , sign, screen enclo- sure, or any permanent improvement upon the demised premises, but may only place said lines under the subject easement . All improve- ments made by the Permittees shall be removed by the Permittees at the expiration of this permit or upon ten days ' written notice from the City, be removed by the Permittees . If the City removes said -1- improvements, because the Permittees fail to do so, the cost of such removal shall be chargable to the Permittees and may constitute a lien against the properties contiguous to said Alley. ARTICLE II CONDITION OF PREMISES AND MAINTENANCE The Permittees , at their own expense, shall cause the demised premises to be in a state of good condition from the commen- cement of this permit. The Permittees shall maintain and keep the entire demised premises in a neat, clean condition, free of refuse and debris . All landscaped areas , if any, shall be maintained in a live, healthy, and growing condition, properly watered and trimmed . Determination of the condition of said premises shall be made by the City. ARTICLE III ASSIGNMENT Without the written consent of the City first obtained in each case, the Permittees shall not sublet, assign, transfer , mort- gage, pledge, or dispose of this permit for the term hereof . ARTICLE IV PERSONAL PROPERTY No personal property shall be placed or moved on the pre- mises above described except the fuel lines which are to be located beneath said easement. The City shall not be liable to the Permit- tees for any damage to personal property placed on or beneath the alley which is the subject of this permit. -2- ARTICLE V CITY' S RIGHT OF ENTRY It is understood that the subject alleyway shall be open to ingress and egress by the public . The City or any of its agents , shall have the right to enter upon said premises at all times and remove any signs, fixtures , or alterations which do not conform to this permit. Any removal of improvements or repairs made by the City and necessitated by the Permittees ' use of said premises, shall be at the sole expense of the Permittees . ARTICLE VII REVOCATION OF PERMIT It is understood and agreed between the parties hereto, that the City may, upon ten days ' written notice to the Permittees , cancel this permit if deemed necessary to promote or maintain the general welfare, comfort , morals , peace, health, safety, and con- venience of the City of its inhabitants . ARTICLE VIII NOTICES It is understood and agreed between the parties hereto that written notice addressed to Permittees and mailed or delivered to Shell Oil Company, 100 South Pine Island Road, Plantation, Florida 33324 shall constitute sufficient notice to the Permittees, and written notice addressed to the City Manager and mailed or delivered to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33119 , shall constitute sufficient notice to the City to comply with the terms of this Permit. -3- ARTICLE IX RELATION TO THE CITY It is the intent of the parties hereto that neither Per- mittees nor their employees shall, under any circumstances, be con- sidered employees , servants or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said Permittee, his servants or agents , resulting in either bodily or personal injury or property damage to any individual , firm, or corporation. ARTICLE X FORFEITURE OR REVOCATION OF PERMIT Failure on the part of the Permittees to comply in any substantial respect with any of the provisions of this Permit Agree- ment shall be grounds for a forfeiture. ARTICLE XI INSURANCE REQUIREMENTS The Permittees shall be responsible for all work and every part, thereof, and for all materials, tools, appliances and property of every description, used in connection with this permit. They shall specifically and distinctly assume, and do so assume, all risks of damage or injury to property of persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work . Per- mittees specifically acknowledge the existence of City sanitary sewer lines within the alleyway which is the subject of this permit, and agree to purchase insurance, as required by the Insurance Mana- ger of the City of Miami Beach, to protect against any and all damage or infiltration of said sewer lines caused by the location of said fuel lines within said alleyway. -4- The Permittees shall, during the continuance of the work under this permit, including extra work in connection therewith: Maintain Worker ' s Compensation and Employer ' s Liability Insurance to meet the statutory requirements of the State of Florida, to protect themselves from any liability or damage for injury (including death) to any of their em- ployees, including any liability or damage which may arise by virtue of any statute or law in force or which may hereafter be enacted. Maintain General Liability Insurance in amounts pre- scribed by the Insurance Manager to protect the contrac- tor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. Maintain any and all insurance as may be required by the Insurance Manager of the City of Miami Beach. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least A:X or better per Best ' s Insurance Guide latest edition or its equivalent. There shall be attached an endorsement to save and hold harmless the City from any liability or damage whatsoever in accordance with the following form endorsement which forms a part of this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies here- by agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments . An endorsement to the policy (ies) shall be issued accordingly and the certificate will state the above. The Insurance Manager of the City of Miami Beach may waive any of the above requirements if she/he deems the requirements unnecessary. ENDORSEMENT: The insurance coverage shall extend to and include the following contractual indemnity and Hold Harmless Agreement : "The Permittees hereby agree to indemnify and hold harm- less the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1, 000 ,000 for each occurrence and for all damages to the property of others in and up to the amount of $1,000 ,000 for each occurrence with an aggregate of $1,000, 000 per the insurance requirement under the specifications in- cluding costs of investigation, all expense of litiga- tion, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and acts of omission or commission of any by the -5- contractor , his agents, servants, or employees , or through the mere existence of the project under contract . The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees as de- termined by a court of competent jurisdiction. The Per- mittees shall specifically and distinctly assume all res- ponsibility for reporting any and all operations performed or to be performed under any existing contract made by or on behalf of the assured and the City of Miami Beach. It is understood and agreed that the Permittees are at all times herein acting as an independent operator . Original, signed Certified Insurance Certificates evi- dencing such insurance and such endorsements as prescribed herein shall be filed by the Permittees before work is started, with the City of Miami Beach Insurance Manager . No change or cancellation in insurance shall be made with- out thirty (30) days written notice to the City of Miami Beach Insurance Manager . Insurance coverage required in these specifications shall be in force throughout the permit term. Should the Permittees fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the contract term, the City shall have the right to consider the permit agreement breached and justifying the termination thereof . Compliance by the Permittees and all subcontractors with the foregoing requirements as to carrying insurance and furnishing evidence of such insurance shall not relieve the Permittees and all subcontractors of their liabilities and obligations under this heading or under any other Section or provisions of this Permit Agreement. The Permittees shall take note of the Hold Harmless Agree- ment contained in this contract and will obtain and maintain con- tractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agree- -6- ment from any and all claims arising out of this contractual operation. CONTRACTORS ' INSURANCE: The Permittees ' contractor (s) shall provide owners ' and contractors ' protective Liability coverage in the amount of Three Hundred Thousand Dollars ($300 , 000 . 00) single limit and name the City as an additional insured on the policy. Products and completed operations coverage shall also be provided naming the City as an ad- ditional insured in the amount of Three Hundred Thousand Dollars ($300 ,000 . 00) per occurrence. Proof of Workmen ' s Compensation Insurance as per statutory limits fo the State of Florida, shall be furnished by said contractor . IN WITNESS WHEREOF, the parties have hereunto executed this Permit Agreement for the purposes herein expressed the day and year above written. C iv OF MIAMI EACH MAYOR AT EST: poN • O (1.1,1,=v CITY CLERK ELL • COMP. - In the presence of: (a De -ware corporation) 4111 -4607t/ tel/ �r�.5 HERETIS AUTO SERVICE, INC. d2 Witness • SWORNI TO AND SUB CRIBED BEFORE ME ' this o�.2 day of , 198 'ITARY PUB" 'C, State of Florida at large My Commission xpires: Notary Fc'3'i.:, �:o::��, S:a:c 2t L2rge My conu;:iscion c;;.irc, Set. 5, 19a3 APPROVED LTA:ab Bonded t:hru J:dco incu:ance Azendy L,AL DEPT. By 1 Date / - 7 - `�Z -7- .7 /14Y /,•ten • A...,.r • ?j f f` 1 /00" -r. --� �� 4---';(""TX—�� / j . `. .:* -'0'T� 1^_` O. (7/45 _, � / e 1 7.¢ 7.7,5 , en „ --42,-,,..,,, ti - /•,r 7/.1 17s7/1Q_ � 7 •- mus: Z'37 3 W /7 r 731 7/53 ' f77jz)/5 7/3z 4 • 7/37 , • / (7/30/4 r fi ;•''I 1 . 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