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RESOLUTION 93-20703 RESOLUTION NO. 93-20703 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INDEMNIFICATION AGREEMENT IN FAVOR OF THE PROPERTY OWNER OF 4775 COLLINS AVENUE (UNPAVED SOUTH LOT) IN CONSIDERATION OF THE USE OF THEIR PROPERTY FOR PARKING DURING THE 19TH ANNUAL FESTIVAL OF THE ARTS. WHEREAS, the property owner of the Cote D'Azur property, 4775 Collins Avenue (the unpaved south lot) has offered the use of their property for parking during the 19th Annual Miami Beach Festival of the Arts; and WHEREAS, the owner of this property has requested that the City hold them harmless and indemnify them for claims arising during the time of the City's utilization of their property for the Festival of the Arts. NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to authorize the Mayor and City Clerk to execute the Indemnification Agreement which is attached hereto, indemnifying the property owner for claims relating to the City' s use of this property for the 19th Annual Miami Beach Festival of the Arts under the terms set forth in the attached Indemnification Agreement. PASSED and ADOPTED this 20th day o /January, 1901 MAYOR ATTEST: J ' art I r r Ikea i t1.i CITY CLER FORM APPR• E LEGAL 4 E : 'R ENT BY: ‘261-4.e. DATE: gat 0/47 INDEMNIFICATION AGREEMENT RE: Lot located at 4775 Collins Avenue Miami Beach, Florida a/k/a COTE D'AZUR PROPERTY and/or The New Florida Corporation Unpaved Lot - South In consideration of the owner/agent allowing the City of Miami Beach (the "City") to use the above referenced property (the "property") during the Festival of the Arts on February 6th and 7th, 1993, the City hereby agrees to indemnify and hold owner of the property harmless from and against any and all claims, actions, suits or demands with respect to the use of the property for the Art Festival arising out of any action or omission of the City, its agents, servants, employees or contractors during the hours of 6:00 a.m. to 7 : 30 p.m. on February 6th and 7th, 1993 . The foregoing indemnification shall be limited to the limi - set forth in Florida Statute Sec. 768.28. 74) - Dated this 2day of January :93 . ,7„..____..\ 1,fg_______„ iO S ., E UR GELBER, MAYOR ATTEST: __-----, cv1/4.1 z .,..T.) , /'--- r4)tk [c< V0,01/4A,N, CITY CLERK FORM APPROVED LEGAL DEPARTMENT BY: DATE: /10) CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 3'7J73 TO: Mayor Seymour Gelber and DATE: Jan. 20, 1993 Members of the City Commission FROM: Roger M. Ca 1,1 City Manager ti INDEMNIFICATION AGREEMENT FOR 19TH ANNUAL MIAMI BEACH SUBJECT: FESTIVAL OF THE ARTS ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission authorize the execution of the Indemnification Agreement for the property owner of 4775 Collins Avenue to cover the City's utilization of this lot for parking during the 19th Annual Miami Beach Festival of the Arts, February 6 and 7, 1993. DACKGROUND: In an effort to provide adequate parking facilities for the Miami Beach Festival of the Arts, it is necessary that one (1) privately owned lot be utilized. The property owner of 4775 Collins Avenue (Cote D'Azur) has consented to allow the City to utilize this property with the provision that we indemnify the owner during the City's use of the property. The lot has been utilized for this purpose during prior Festival of the Arts, and the City Commission has provided an Indemnification Agreement on those occasions for this purpose. City staff will provide for litter cleaning for the duration of the event. ANALYSIS: Due to limited parking facilities available in the Festival area on Collins Avenue between the 4800 and 5300 blocks, it is imperative that the Festival utilize the vacant, unpaved lot at 4775 Collins Avenue for artist and vendor parking. Recreation Division staff will man the lot and only allow access to Festival artists and food vendors. CONCLUSION: The Administration recommends that the City Commission authorize the execution of the Indemnity agreement for the use of the lot at 4775 Collins Avenue. RMC/AR 187 AGENDA ITEM DATE I 613 r I r 1 INDEMNIFICATION AGREEMENT RE: Lot located at 4775 Collins Avenue Miami Beach, Florida a/k/a COTE D'AZUR PROPERTY and/or The New Florida Corporation Unpaved Lot - South In consideration of the owner/agent allowing the City of Miami Beach (the "City") to use the above referenced property (the "property") during the Festival of the Arts on February 6th and 7th, 1993 , the City hereby agrees to indemnify and hold owner of the property harmless from and against any and all claims, actions, suits or demands with respect to the use of the property for the Art Festival arising out of any action or omission of the City, its agents, servants, employees or contractors during the hours of 6: 00 a.m. to 7: 30 p.m. on February 6th and 7th, 1993 . The foregoing indemnification shall be limited to the l imi set forth in Florida Statute Sec. 768. 28 . „"7e3--4/1/ - / Dated this day of January, 1 93 . i / 410, Ai 1 SE OUR GELBER, MAYOR ATTEST: - '---iiko„trT, „.. _ CITY CLERK FORM APPROVED LEGAL DEPARTMENT BY: DATE: - . //Ø) RESOLUTLON NO. 93-20703 authorizing the Mayor and City Clerk to execute an indemnification agreement in favor of the property owner of 4775 Collins Avenue (unpaved south lot) in consideration of the use of their property for parking during the 19th Annual Festival of the Arts.