Res No 244-10-13278RESOLUTION NO.244-10-13278
AResolution of theMayorandCityCommission of theCity of SouthMiami,
Florida,accepting ananonymous donation of $1000 infruittreesfor location inCity
parks;and providing an effective date.
WHEREAS,theCityhas received $1,000 worth offruittreesforourCityparks from an
anonymous donor;and
WHEREAS,the recommended treelistwas submitted bytheexpertbotanistsontheUrban
Landscape Committee and approved bythe City;andthe trees have been purchased;and
WHEREAS,City Arborist DougBaker reviewed the selections and identified locations for
plantingthefruittrees;and
WHEREAS,agroupof resident volunteers willcarryoutthe plantings inour monolithic
limestone bedrock;and
WHEREAS,theMayorandCityCommissionwishtoacceptthedonation of thefruittrees.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.TheMayorandCityCommissionherebyacceptthedonation of $1,000worth of
fruittreesforourCityparks,provided byan anonymous donor.
Section2.Thesigning of theattachedWaiver of LiabilityandHoldHarmlessAgreementis
aconditionprecedenttoanyvolunteerworkingonthisproject,anditisincorporatedandattachedtothis
Resolution as though fullysetforthherein.
Section 2.This resolution shalltake effect immediately upon adoption.
PASSED AND ADOPTED this 16 day of Nov.2010.
ATTEST:APPROVED:
READ
ANDS
'PROVED AS TO FORM
"IENCY:
£i
MAY<
COMMISSION VOTE:5-0
Mayor Stoddard:yea
Vice Mayor Newman:Yea
Commissioner Palmer:yea
Commissioner Beasley:Yea
Commissioner Harris:Yea
Additions shownby underlining anddeletionsshownby overstriking.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
TO THE CITY OF SOUTH MIAMI,FLORIDA
1.In consideration for receiving permission to participate in the "planting of donated fruit trees"to the
City of South Miami,I hereby release,waive,discharge and covenant not to sue the City of South Miami,
its officers and employees (hereinafter referred to as "releases")from anyand all liability,claims,demands,
actions and causes of action whatsoever arising outofor relating toany loss,damage or injury,including
death,that may be sustained by me,orto any property belonging to me,whether caused by the negligence
of thereleases,orotherwise,whileparticipatinginthisActivity.
2.I am fully aware of risks and hazards connected with being on the premises and participating in the
planting of donated fruit trees,and I am fully aware that there may be risks and hazards unknown to me
connected with being onthe premises and participating in the Activity,and I hereby elect to voluntarily
participate in this Activity,to enter upon the above named premises and engage in activities knowing that
conditions may be hazardous,or may become hazardous or dangerous tomeandmy property.I voluntarily
assume full responsibility forany risks of loss,property damage or personal injury,including death,that
may be sustained by me,or any loss or damage to property owned by me,asa result ofmy being a
participant inthe Activity,whether caused bythe negligence of releases or otherwise.
3.I further hereby agreeto indemnify andsaveandhold harmless the releases andeachof them,from
any loss,liability,damage or costs they may incur due tomy participation inthe Activity,whether caused
bythenegligence of anyorall of thereleases,orotherwise.
4.Itismyexpressintentthatthis Release shallbindthemembers of myfamilyand spouse,ifIam
alive,andmyheirs,assignsandpersonal representative,ifIam deceased,andshallbedeemedasa Release,
Waiver,DischargeandCovenantNottoSuetheabovenamedreleases.
Insigningthisrelease,I acknowledge and represent that:
A.Ihavereadtheforegoingrelease,understandit,andsignitvoluntarilyasmyownfreeactanddeed;
B>Nooralrepresentation,statementsorinducements,apartfromtheforegoingwrittenagreement,have
been made;
C.fJ^l am at least eighteen (18)years of age and fully competent;and
D.v I execute this Release forfull,adequate and complete consideration fully intending tobe bound by
same.
In witness whereof,I have hereunto set my hand and seal this P day ofLl**—920 )P
Participant ^\^^\mMjLA U^L.(J_
Name Printed:^^^Cooper U)el$^jJ^
WitnessV^^fc^Q)-(^>t^<£^
Witness Name Printed: