Resolution 7114 RESOLUTION NO. 7114
WHEREAS, the City of Miami Beach, Florida, heretofore
called for and on September 23, 1949, received competitive bids
for the filling and bulkheading of certain submerged lands lying
in Indian Creek along the eastern side thereof and lying adjacent
to Lots 11 to 40, inclusive, of Block 3 of SECOND OCEAN FRONT
SUBDIVISION, according to the Plat thereof, recorded in Plat Book
28, at page 28, of the Public Records of Dade County, Florida, and
WHEREAS, M. F. COMER BRIDGE & FOUNDATION CO. , was the low
bidder, and
::WHEREAS, on the 15th day of February, 1950, the City Council
of said City awarded the contract for said bulkheading and filling
to said M. F. Comer Bridge & Foundation Co. , and
WHEREAS, the performance of said work by the City of Miami
Beach is contingent upon obtaining deeds of conveyance of the sub-
merged lands hereinbefore referred to from the Trustees of the
Internal Improvement Fund of the State of Florida, and upon other
contingencies, and
WHEREAS, said deeds have not yet been obtained and said other
contingent events have not occurred thus making it impossible for
the City of Miami Beach nt this time to enter into a written contract
with said M. F. Comer Bridge & Foundation Co. , and
WHEREAS, said M. F. Comer Bridge & Foundation Co. , has ordered
or is now ordering the steel and accessories which will be required
for the construction of the bulkheading hereinbefore referred to
and will be forced to cancel the order for said steel and accessories
unless indemnified by the City of Miami Beach for the full cost thereof
in the event that the contract is not hereinafter entered into by
the parties pursuant to the award hereinbefore made and hereinbefore
referred to.
THER']FORE, BE IT RESOLVED by the City Council of the City
of Miami Beach, Florida, that M. F. Comer Bridge & Foundation Co. , be
and it is hereby authorized to purchase the steel and accessories
which will be required for the performance of the work, the contract
for which has been heretofore awarded to said M. F. Comer Bridge &
Foundation Co.
BE IT FURTHER RESOLVED that the City of Miami Beach, Florida,
does hereby indemnify and save harmless the said M. F. C omer Bridge
& Foundation Co. , from and against all costs and charges by reason
of the purchase of said steel and accessories in the event that the
City of Miami Beach shall fail or refuse to enter into the contract
hereinbefore referred to on or before April 15, 1950, the reimburse-
ment to said M. F. Comer Bridge & Foundation Co. , by the City of
Miami Beach, for the costs and charges so indemnified against, if
such reimbursement shall be required under the terms hereof, shall
be made if, as and when there shall be delivered to said City by
said N. F. Comer Bridge & Foundation Co. , the steel and accessories
to be ordered and purchased as hereinbefore provided.
BE IT FURTIIER RESOLVED that the Mayor and the City Clerk be
and they are hereby authorized and directed to execute in the name
of and on behalf of the City of Miami Beach any and all instruments
which may be necessary or required to effectually accomplish the
purposes of this resolution.
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
T - . _
PASSED and ADOPTED this 22nd day of Fe_bruary, _ i._.
1950.
./ 7--44 j(..
______
Mayor
Attest: �j�.Y ��_ x____--
City
—City Clerk
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OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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