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RESOLUTION 89-19663 RESOLUTION NO. 89-19663 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR TO EXECUTE AN INDEMNITY AGREEMENT IN FAVOR OF SO BE PARKING, INC. , LESSEE, WASHINGTON HARRISON PROPERTIES INC. AND JIGGS CO. , LTD. FOR MOTORCYCLE RIDER TRAINING FOR THE POLICE PERSONNEL OF THE MIAMI BEACH POLICE DEPARTMENT FOR A TWO-YEAR PERIOD COMMENCING UPON EXECUTION OF THE INDEMNITY AGREEMENT. WHEREAS, SO BE PARKING, INC. is Lessee and operator of the parking facilities located on the north side of Biscayne Street and the north side of Commerce Street between Washington Avenue and Alton Road, (also known as 811-859 Biscayne Street and 817-871 Commerce Street) ; and WHEREAS, Washington Harrison Properties Inc. and Jiggs Co. , Ltd. are the owners of portions of the above referenced properties; and WHEREAS, The City of Miami Beach Police Department wishes to utilize the above described parking lots for motorcycle rider training; and WHEREAS, So Be Parking Inc. is willing to allow the use of the parking lots for motorcycle rider training provided that the City provide the attached Indemnity Agreement; and WHEREAS, the City Manager recommends execution of the attached Indemnity Agreement and the City Attorney has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor is hereby authorized to execute an Indemnity Agreement in favor of So Be Parking, Inc. , Lessee, Washington Harrison Properties, Inc. and Jiggs Co. , Ltd. for motorcycle rider training for the police personnel of the Miami Beach Police Department for a two-year period commencing upon execution of the Indemnity Agreement. PASSED AND ADOPTED this 12th day of JAer 111011111.7.4 MAYOR ATTEST: APPROVED A/ 44 „fr) FORM LEGAL DEPT. CITY CLERK 071789 S97 Date INDEMNITY AGREEMENT IN CONSIDERATION of SO BE PARKING, INC. , Lessee ("Lessee") of the parking lots located at 817-871 Commerce Street and 811-859 Biscayne Street, Miami Beach, Florida, allowing and permitting the City of Miami Beach, a Florida Municipal Corporation ("Indemnitor") , having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139, to conduct the following activity on the Lessee' s property: MOTORCYCLE RIDER TRAINING FOR POLICE PERSONNEL ON AN ON-GOING BASIS, AT THE CONVENIENCE OF PROPERTY OWNER, for a two-year period commencing on the date of execution hereof. Indemnitor, to the extent permitted by applicable law, but in any event only to the limits set forth in Florida Statute 768 . 28 , agrees to indemnify and save harmless the Lessee, Washington Harrison Properties, Inc. and Jiggs Co. , Ltd. against any and all claims, actions, demands, suits, liabilities, damages and payments, in tort or in contract, including, without limitation, accidents, liability or loss for injuries to or deaths of persons or damages to property caused by any act or failure to act of Indemnitor as a result of its motorcycle rider training operations or activities on the above-described properties. IN WITNESS WHEREOF the Indemnitor has executed this Agreement this lth day of July , 1989 . CITY OF MIAMI BEACH (Indemnitor Witness: ATTEST By: -At i4.1 .tit :.ert*-.1 ?i/G, LEGAL DEPT. CITY CLERK By CONSENT OF LESSEE l 3/0 Date The undersigned Lessee of the above described properties hereby consents to the above described activity on the date/dates indicated, provided that the use for the above activity is authorized only during periods when the property is not in use for parking purposes. In consenting the Lessee agrees that police personnel may use cones, barricades and small paint marks to create an authorized motorcycle rider course for training police motorcycle riders. The Lessee shall have the right to revoke its consent at any time with thirty (30) day notice to Indemnitor. IN W TNESS WHEREOF, the Lessee has executed this Consent on this 7 day of � , 1989 . WITNESS: LESSEE: SO BE PARKING INC. .. By: M � ecel veeaote Feeld Mef% F L O R I D A 3 3 1 3 9QP4 f � * INCOR RATED *- "r VACAT1ONLAND U. S. A. ' i OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 373J COMMISSfON MEMORANDUM NO. DATE: 12 July 1989 TO: Mayor Alex Dao • and Members of e City Corn ►Issi• • .�1 11'/4P FROM: RobW. P. kensCity Manage ii. if SUBJECT: INDEMNITY AG'N EEMENT FOR POLICE MOTORCYCLE TRAINING IN A PRIVATE PARKING LOT The City of Miami Beach Police Department wishes to utilize certain parking lots for motorcycle rider training programs. The parking facilities located on the north side of Biscayne St. and the north side of Commerce St. between Washington Ave. and Alton Rd. is leased and operated by SoBe Parking Inc. Washington Harrison Properties Inc. and Jiggs Co. Ltd. are the owners of portions of the above described property. SoBe Parking Inc. is willing to allow the use of the parking lots for motorcycle training for the police personnel of the Miami Beach Police Department. ADMINISTRATIVE RECOMMENDATION: The City Administration recommends that the City Commission adopt the . attached Resolution. RWP/MYS/pb Attachment 31 . AGENDA 0 —4_ H ITEM DATE ---i2- 7 (1_ 4 CITY OF MIAMI BEACH TO: LT. FRANCIS CONWELL DATE: June 26, 1989 EXECUTIVE OFFICER PATROL DIVISION FROM: PATRICK N. BROWN FIRST ASST. CITY ATTORNEY - TRANSACTIONS SUBJECT: INDEMNITY AGREEMENT FOR POLICE MOTORCYCLE TRAINING IN A PRIVATE PARKING LOT We are enclosing a copy of the Indemnity Agreement, reflecting the changes requested, which has been executed by Mr. Mintz, together with a copy of the Resolution for your preparation of the Commission Memo and subsequent submittal to the City Manager. We are also, at this time, sending the three original executed Indemnity Agreements to the Clerk along with the original Resolution. PNB/nn Enc. cc: Arnold M. Weiner, City Attorney Marjorie Sakin, Police Legal Advisor Elaine Baker, City Clerk O1 T I NAL RESOLUTION NO. 89-19663 Authorizing the Mayor to execute an in- demnity agreement in favor of So Be Parking, Inc. , Lessee, Washington Harrison Properties Inc. and Jiggs Co. , Ltd. for motorcycle rider training for the Police personnel of the Miami Beach Police Depart- ment for a two-year period commencing upon execution of the indemnity agreement.