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
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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.
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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.
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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.
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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
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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-
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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
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