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6230 SW 70 ST_GREEN VALET PARKING CITY OF SOUTH MIAMI i FINANCE DEPARTMENT --... -- VALET PARKING PERMIT The City of South Miami shall issue valet parking permits to valet operators who conduct operations on public property. No valet parking shall occur on public property without the operator securing a valet parking permit from the City's Finance Department.A separate permit is required for each location where valet parking services are provided.Valet parking permits shall only be issued to operators who are licensed by the City of South Miami. Company Name: ` ` L/A L L 7 Location s i(G sU tI�t'C l in ty• Servicing Name: ' Location Address 7 e7 SO ? 34. Days ofOperation:7GrA V_5 Meter#s(incl. L Z): Storage Location INSURANCE Insurance information forward to Finance Director on Insurance status received form Finance Director on Approved Insurance status received from Finance Director on Disapproved INDEMNITY Indemnity agreement forwarded to City Attorney's office on Pf&fag Indemnity agreement received from City Attorney's office on i pj'e Approved Indemnity agreement received from City'Attorney's Office on _Disapproved INCORPORATION Yes[ J If incorporated,the valet operator shall provide a copy of its articles of incorporation. ,NO[ ESTABLISHMENT LETTER Notarized.written authorization on company letterhead from owners/ operators of the-City-licensed commercial establishments for which the valet operator is providing parking services. OCCUPATIONAL LICENSE Valid valet parking occupational license from the City of South Miami. STORAGE FACILITY Identification of the location of vehicle storage, and proof in the form of an executed lease or rental .agreement, or notarized letter of authorization from the owner of the property, either of which shall inc,ude the number of spaces authorized for use by the valet operator,and term Dfthe lease or agreement for storage spaces sufficient to service:the establishment for which the permit will be issued,The storage space must meet all requirements pursuant to all applicable City of South Miami Codes and Ordinances, IMPORTANT-IF THERE IS A CHANGE IN ANY OF THE ABOVE INFORMATION,IT IS THE RESPONSIBILITY OF THE VALET OPERATOR TO INFORM THE FINANCE DEPARMENT CHANGES WILL REQUIRE ISSUANCE OF A N©� ` 'E PERMIT. Valet Permit Valid from • �'�/' v � /� ,V �'�l ly + imurtt eric I year) Valet Permit Issued By: /(' Date 3 �� cc: Finance Planning Code Enforcement CITY OF SOUTH MIAMI INDEMNITY AGREEMENT This indemnity agreement made this day of U t1 E! . —, 200S, by and between the City of South Miami (City)and Q Ve 00k ,/A (QLl LLC-. Name of Entity WITNESSETH 1. City hereby permits indemnitor to use the following described property in The City of South Miami (Premises), commencing on T,/14t Q , 200 the following day(s) �l oM — smut beginning at ,7 a.m./p.m. and ending at a.m./p.m. [Legal description and street address are attached as App.I] 2. Use: Indemnitor shall use the pgremises solely for the purpose of vo but 1,7 Atr-e 3 Exculpation and Indemnification Clause: Indemnitor agrees that it will indemnify, hold and save the City its officers, agents, contractors and employees whole and harmless,and at City's option defend them, from and against all claims, demands, actions, damages, loss cost, liabilities, expenses and judgments of any nature recovered from or asserted against City on account of injury or damage to person or property to the extent that any damage or injury may be incident to, arise out of or be caused either proximately or remotely, wholly or in part, by an act. Omission, negligence or misconduct on the part of Indemnitor or any of its agents, servants, employees contractors, patrons, guests, licensees or invitees or of any other person i entering upon the premises, or when any such injury or damage is the result, proximate or remote,-of the violation by Indemnitor or any of its agents, servants, employees, contractors, I patrons, guests, licensees or invitees of the premises. Indemnitor covenants and agrees that in case City shall be made party to any litigation against any Indemnitor, or in any litigation commenced by a party against any party other than Indemnitor relation to this Agreement or to the Premises, then Indemnitor shall and will pay all costs and expenses including reasonable attorney's fees and court costs, incurred by or imposed upon City by virtue or any . such litigation. The terms of indemnification shall be effective unless damage or injury results I from the sole negligence or willful misconduct of City. 4 4. Ordinances and Regulations: Indemnitor shall comply with all applicable laws, statutes, ordinances and requirements. Indemnitor shall not admit to the premises a larger number of persons than the total number designated by the appropriate City Department. 1 1 5. Responsibility for Damage: If the premises or any portion of the premises or any structure, equipment fixture or other item on in under or attached to the premises shall be destroyed damaged, marred, altered, or physically changed in any manner what so ever then Indemnitor shall be responsible for restoring the property to its original condition ordinary wear and tear excepted. E Indemnitor is to properly care for all tools and equipment entrusted to Indemnitor during the t terms of the Agreement and all such equipment so entrusted which is lost, stolen, damage or disappears shall be the sole responsibility of Indemnitor and Indemnitor shall pay the full i replacement costs of to City. I s F i Page 1 of 1 b. Insurance: As a condition precedent to being permitted to use the premises Indemnitor shall at its own expenses, comply with all of the following insurance requirements of the .City. It is 3 agreed by the parties that this Indemnitor shall provide proof of the following insurance coverage to the City on, or before using the Premises. (a) Commercial general liability insurance, on an occurrence basis in the Amount of One Million ($1,000,000.00) Dollar per occurrence and in the aggregate for bodily injury, death property damage and personal Injury. The policy must include coverage for contractual liability. If the user's activities involve the sale of alcohol, then liquor liability in the same amount is also required. These policies must name the City of South Miami as additional insured. (b) It is understood and agreed that all coverage provided by the Indemnitor are primary to any insurance or self-insurance program the City has for these premises and the indemnitor and their Insurance shall have no right of recovery or subrogation against the City. (c) All policies must be issued by companies authorized to do business in the State of Florida and assigned a rating of A+ or better per Best Key Rating Guide Latest Edition. (d) Alternate coverage to satisfy these requirements is subject to prior approval of the City's Risk Manager,may be required for this Agreement or for any activities permitted on the premises. 7. Other Terms and Conditions: The Indemnitor shall provide,at Indemnitor's sole cost and expense,off-duty City of South Miami Police Officer,as required by the City Manager. IN WITNESS WHERE OF,the Indemnitor has executed this Agreement This day of � � 2004 INDEMNITOR : (NAM F ENTITY NDIVIDUAL) BY : (SIGNATURE) - ao(-sly rest ems. (Prim name and title of person signing) ATTEST: l (Signature of Secretary or Witness) Please check one of the following: [Corporate Acknowledgment ❑ Partnership Acknowledgment ❑ Individual /Sole Proprietor Acknowledgment CORPORATE SEAL (Affix here) Page 2 of 3 07/19/2005 03:'42 3056687356 CITY OF SOUTH MIAMI PAGE 05 I STATE OF FLORIDA COUNTY OF MJAMI-DADS On this the_L day of lLnL before me the undersigned Notary Public of the State of Florida the fomgoing instrument was acknowledged by AZ#KL. Cj2CM4.2 /z°Si' 7 . Of (print name ind title of corpotatc officer) IVI 5e.0-vrre , l h e- . L (print name of corporation and state ar place of incorporation) on behalf of the corporation Witness my hand and official seal. Notary Public, State o F 000a me Print Name f HE h imjvww IM sr. 1° aka'. .:::.e t. Personally known to me,or Produced identification (type of identification produced) _DID take an oath,or_DID NOT take an oath. City of South Miami ATTEST APPROVED CITY CLERK CITY MANAGER READ AND APPROVED AS TO FROM: Cl ATTORNEY r Page 3 of 3 STATE OF FLORIDA COUNTY OF MIAMI-DADE I, On this the d day of Ln4� , before me the undersigned Notary Public of the State of Florida the foregoing instrument was acknowledged by A *TZ e(t /t°. Of ( print name ind kitle of corporate officer) S/C Ivi (print name of corporation and state or place of incorporation) on behalf of the corporation Witness my hand and official seal. RSON z Notary Public, State XF CAWWW000zss zaa Print Name SIOZ2007 0100 vvu e�aaz-4254,FbriAa Notary Assn.,Inc t' Personally known to me, or Produced identification (type of identification produced) DID take an oath, or DID NOT take an oath. City of South Miami ATTEST APPROVED s i F CITY CLERK CITY MANAGER 1 fi READ AND APPROVED AS TO FROM: CITY ATTORNEY Page 3 of') CITY OF SOUTH MIAMI FINANCE DEPARTMENT INSURANCE AFFIDAVIT FOR VALET PARKING PERMIT This form is to be completed by valet operator requesting the use of public spaces. Company's Name: L�ontact Person : �%Sl U1, Address:—&'Z.-3e 7o St- city:. tate: Zi p_ 3`3S Telephone:70"�7Y O —Wp 1! � 3 other: ( ) Fax( ) NAME and ADDRESS of BUSINESS being SERVICED by Valet Parking Operator Storage Facility Address and Property Owner Valet Parking Operators must attach a Certificate of Insurance and a certified copy of their policies to this application form and return to the City's Finance Director for determination that the insurance requirements of LDC Section 20-4.4 (m) (2) (a) have been met. The following are the City requirements for issuance of a valet Permit. Commercial general liability or garage liability insurance in the of$ 1,000,000 per occurrence and per location covering bodily injury and property damage resulting from the valet operator's activities connected with the handling of vehicles on public property.This policy must name the City as an additional insured. Garage keepers legal liability insurance to provide collision and comprehensive coverage for vehicles under control of the valet parking operation with minimum limits of$300,000 per location with a maximum Self-Insured Retention(SIR)or deductible of$1,000. All required policies are to be issued by companies rated A or better per Best's Rating Guide, latest edition and must provide the City with 30 days written notice of cancellation.Any deviation from this requirement is subject to the City Finance Director approval. I agree to maintain insurance as listed above in full force during the permit year and will provide updated Certificates of Insura ce annually on or before the expiration date of the certificates on file with the Dep ent. Valet O.per for: f Title To be completed by Finance Department: Approved: Date: Not Approved: A Date A/" 13:44 JUN, 02, •2805 TO: JOSE DE LA ROSA FR: DIANA RUBIO #71181 PAGE: 2/2 ACORDI. CERTIFICATE OF LIABILITY INSURANCE OP ID D DATE(MMlDDIY1'W) SKINS-1 06/02/05 PRODUCE-14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Combined Underwriters of Miami HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7950 NW 53 Street, Suite 201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami FL 33166 Phone:305-477-0444 Fax:305-599-2343 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: BURLINGTON INSURANCE COMPANY INSURER B: SKIN SOURCE INC. Dr. Arthur 6. Colsky INSURER C: 6280 SW 72ND STREET INSURER D: MIAMI FL 33143 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY)E DATE(MMID/YY)N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A }[ COMMERCI.AL GENERAL LIABILITY 358BOO1211 05/02/05 05/02/06 'PREMISES(Eaoccurence) $50,000 CLAIMS MADE 1XI OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ INCLUDED POLICY PRO JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED ALTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) ='IRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ALTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ ALTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE Is $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY . ANY PROPRIETO'R/PHRTNERlEYECUTIVE E.L EACH ACCIDENT $ _ OFFICER./MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS . VACANT DWELLING LOCATED AT 6230 SW 70TH STREET, MIAMI, FLORIDA 33143 $250 BODILY INJURY & PROPERTY DAMAGE DEDUCTIBLE PER CLAIM. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT F ALL CITY OF SOUTH MIAMI IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JOSE M. FERNANDEZ ACORD 25(2001108) ©ACORD CORPORATION 1 988 zitE s� F a� COD WE'(� FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State May 19, 2005 JOSE DELAROSA 6280 SUNSET DRIVE, SUITE 611 MIAMI, FL 33143 The Articles of Organization for LIVE OAK VALET, LLC were filed on May 13, 2005, and assigned document number L05000049830. Please refer to this number whenever corresponding with this office. In accordance with section 608.406(2),F.S., the name of this limited liability company is filed with the Department of State for public notice only and is granted without regard to any other name recorded with the Division of Corporations. A limited liability company annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer identification (FEI) number may be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-3676 and requesting form SS-4. Please be aware if the limited liability company address changes, it is the responsibility of the limited liability company to notify this office. Should you have any questions regarding this matter, please contact this office at the address given below. Tammi Cline Document Specialist Registration/Foreign 'Qua.ifica.ion Division of Corporations Letter Number: 605A00036219 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 6 A TO: Maria V. Davis, City Manager FROM: Don O'Donniley, Planning Director.Vov_ DATE: 9/13/05 RE: Valet Parking, 6230 SW 70"' Street (Colsky,dba Live Oak Valet, LLC.) Generally, valet permits are not required except where the applicant proposes to meet 50%of the required parking off site (requires four affirmative votes by the City Commission) and where the applicant is ramping the valet service on public property. Neither applies in this case. The City Attorney has reviewed the application and approved the indemnity aspects. Staff has discussed with counsel if valet parking can be used on site and the response is it can provided there is sufficient space to stack cars and maintain drive aisles After reviewing the application, staff can only support a conditional approval based on the following being provided prior to the permit becoming effective: 1. Applicant obtain a City of South Miami occupational license for the valet operation and for the use occupying the structure in question. 2. The applicant receive approval of a site plan from the Environmental Review and Preservation Board that demonstrates parking can be accommodated on site in compliance with setbacks, landscaping and spacing requirements. SO U'r O � � 1 INCORPORATED 1927 CpgtO January 18, 2006 Attn: Mr. Arthur Colsky 6280 SW 72 Street #611 South Miami, FL 33143 Re: Environmental Review 81 Preservation Board No. 05-081 EXTERIOR RENOVATION 6230 SW 70 Street South Miami, FL On the ERPB meeting of Tuesday, January 17, 2006 the motion was approved as presented. Stafrs conditions: 1. Applicant must comply with the valet parking and conditions. 2. Applicant must comply with the tree removal conditions. Your next process is to submit for a building permit by contacting the Building Department at (305) 663-6358. If you have any further questions regarding this application, please contact Ms. Lourdes Cabrera-Hernandez at (305) 663-6.347 at the Planning Department. Note: Pursuant to Section 20-5.11(L) Expiration. Final approval by ERPB shall lapse after six (6) months if no permit is issued, except as may be extended by the ERPB for a period not to exceed six (6) months. Sincerely,• Don O'Donniley, AICP Planning Director Planning Department An appeal of an ERPB decision or recommendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals may be taken by the applicant, interested citizens, or the city administration [per § 20-6.2 (A) of the City's Land Development Code]. If you have any questions concerning this matter, please contact Ms. Lourdes Cabrera-Hernandez,of the Planning Department, between the hours of 8:00 AM and 5:00 PM, Monday through Friday at 305-663- 6347. 4 SOUTH O � ,4 r F 'Y • INCORPORATED 1927 R11'10 CITY OF SOUTHMMMI MEMORANDUM To: FILES (6230 SW 70th Street)—ERPB Appeal ;Valet Parking Permit Date: Feb. 23,2006 Re: Interpretation of LDC related to Dr. Colsky Property The following information is provided to complete the Planning Department files related to Dr. Colsky's property, 6230 SW 70th Street, specifically the interpretation of LDC provisions related to valet parking. This property received approval from the ERPB for a site plan which includes the use of on-site valet parking in order to satisfy the required number of off- street parking. In addition an appeal of the ERPB decision was withdrawn. (1) The City Attorney discussed this item with staff on Feb. 17 at which time he ruled that the special valet parking provision(LDC Sec. 20-4.4 (I)permits the use of valet to satisfy up to 50 % of the required off-street spaces for this site and that the implementation of this section was by following Sec. 20-4.4 (L) which is entitled "Valet Parking" . (The actual Section is Sec.20-4.4 (M)—typo error). (2) LDC Sec. 20-4.4 (M) permits the administrative approval of valet parking which uses public property. The City Attorney opinion was that a Special Parking Permit could be issued administratively. (3) The Planning Department did not disagree with this interpretation but also pointed out if Sec. 20-4.4 (L) is applied, that section addresses a procedure that would include requiring City Commission approval where the applicant is proposing to charge for valet parking that is provided to meet required parking. (4) In the opinion of another staff member the LDC Section 20-4.4 (I) which allows for valet parking up to 50% of required parking also mandates that a Special Parking Permit must be obtained from the City Commission. (4/5 vote required). EAComm Items\2006\3-7-06\Memo on Dr Colsky Property.doc South Miami au-a WC8cftr 2001 CITY OF SOUTH MIAMI PLANNING DEPARTMENT. TELEPHONE 305.663.6326 FAX 305.668.7356 FAX COVER SHEET DATE: f 011311)� FAX#: ��S���S� ATTN: FROM: RE: S e PAGES (nvci..covia:Kx) � COAMENTS: J.XMy DocumentsUormsWAX COVER-PLANNING-doe TO: Maria V. Davis, City Manager FROM: Don O'Donniley, Planning Director joo DATE: 9/13/05 RE: Valet Parking, 6230 SW 70"' Street (Colsky,dba Live Oak Valet, LLC.) Generally, valet permits are not required except where the applicant proposes to meet 50% of the required parking off site (requires four affirmative votes by the City Commission) and where the applicant is ramping the valet service on public property. Neither applies in this case. The City Attorney has reviewed the application and approved the indemnity aspects. Staff has discussed with counsel if valet parking can be used on site and the response is it can provided there is sufficient space to stack cars and maintain drive aisles After reviewing the application, staff can only support a conditional approval based on the following being provided prior to the permit becoming effective: 1. Applicant obtain a City of South Miami occupational license for the valet operation and for the use occupying the structure in question. 2. The applicant receive approval of a site plan from the Environmental Review and Preservation Board that demonstrates parking can be accommodated on site in compliance with setbacks, landscaping and spacing requirements. 07/18/2005 09:42 3056687356 CITY OF SOUTH MIAMI PAGE 02 CITY OF SOUTH MIAMI 1 y• FINANCE DEPARTMENT .; VALET PARKING PERb= The City of Soutb Miami shall issue valet parking permits to valet operators who conduct operations on public property. No valet parking shah occur an public property without the operator seeurieg a valet parking permit from the City's Plastics DepartmeaL A separate permit Is required for each location where valet parking services are provided.Valet parking permits shalt only be Itane,l to operators who are licensed by the City of South Miami. ' Company Name: L l y c D m<. V�4 L rr✓ ? , L L e-- Location SO V dC! C MC Servicig Name: ' Location Address WO _ Days of0paration: AEI Meter#s(incl.L Z): Storage Location T r INSURANCE insurance information forward to Finance Director on Insurance status received form Finance Director on - r' Approved Insurance status received fmm Finance Director on Disapproved IN1QENNITY Indemnity agreement tbrwarded to City Attorney's office on vfivler indemnity agreement received from City Attorney's office on Approved .indemnity agreement receiver!from City'Attomey's Office or. Disapproved INCORPORATION NO[If incorporated.the valet operator shall provide IL copy of its article l of incorporation. ESTABLISHMENT LETTER Notarized-written allthOriZation on company letterhead from owners/ operators of tne,City-liccnsed commercial establishments for which the valet operator is providing parking jlervices. OCCUPATIONAL LICENSE Valid valet parking occupational license from the City of South Miami. STORAGE FACiLITV Identification of the location of vehicle storage, and proof in the form of sit executed lease or rental agreement, or noiadzed letter of authorization from the owner of the property, either of which shall inc:ude the number of spaces authori2ed fbr use by the valet operator.and tom of the lease or agreement for storage spaces sufficient to satvics the establishment for which the permit will be issued.The storage specs must meet all requirements pursuant toed]applicable City ofSouth Miami Codes and Ordinances, IMPORTANT-IF THERE IS A CHANGE IN ANY OF THE ABOVE INFORMATION.IT iS THE RESPONSIBILITY OF THE VALET OPERATOR TO INFORM THE FINA.V=DEPARMEN t ALL CHANGES WiLL REQUIRE ISSUANCE OF ANEW PERMIT, .Valet Permit Valid from to _(Maximum period—i year) Valor Permit Issued By;_ Date cc:Finance Planning Code Enforcement 07/18/2005 09:42 3056687356 CITY OF SOUTH MIAMI PAGE 03 CITY OF SOUTH MIAMI INDEMNITY AGREEMENT This indemnity agreement made this&—day of :5-y rx(L-. ,200 by and between the City of South Miami (City)and Nam;of Entity WITNESSETH 1. City hereby permits indemnitor to use the following described property in The City of South Miami (Prises), commencing on jyt.,� g , 200 on the following day(i) ,—0m — SvA _beginning at am./F.m.and ending at rg _a.m./p.m. (Legal description and street address are attached as App.I) 2. Use: Indemnitor shall use the premises solely for the purposs of. � Ale/Kid 4 1 3 Exculpation and Indemnification Clause: Indemnitor agrees that it will indemnify, hold and save the City its officers,agents,contractors and employees whole smd harmless,and at City's option defend them, from and against all claims, demands, actions, damages, loss cost. liabilities, expenses and judgments of any nature recovered from er asserted against City on account of injury or damage to person or property to the extent that any damage or injury may be incident to. arise out of or be caused either proximately or remctely,wholly or in part, by an act. Omission, negligence or misconduct on the part of Indemnitor or any of its agents, servants, employees contractors, patrons, guests, licensees or invitees or of any other person entering upon the premises, or when any such injury or damage is the result, proximate or remote, of the violation by Indemnitor or any of its agents,servants, employees, contractors, patrons,guests, licensees or invitees of the premises. Indemnitor covenants and agrees that in case City shall be made parry to any litigation against any Indemnitor, or in any litigation commenced by a parry against any parry other than Indemnitor relation to this Agreement or to the Premises, then Indemnitor shall and will pay all costs and expenses including reasonable attorney's•fees and court costs, incurred by or imposed upon City by virtue or any such litigation. The terms of indemnification shall be effective unless damage or injury results from the sole negligence or willful misconduct of City. 4. Ordinances and Regulations: Indemnitor shall comply with all applicable laws, statutes, ordinances and requirements. Indemnitor shall not admit to the premises a larger number of persons than the total number designated by the appropriate City Department. S. Responsibility for Damage: If the premises or any portion of the premises or any structure, equipment fixture or other item on in under or attached to the premises shall be destroyed damaged, marred, altered, or physically changed in any manner what so ever then Indemnitor shall be responsible for restoring the property to its original condition ordinary wear and tear excepted. Indemnitor is to properly care for all tools and equipment entrusted to Indemnitor during the terms of the Agreement and all such equipment so entrusted which is lost,stolen, damage or disappears shall be the sole responsibility of Indemnitor and Indemnitor shall pay the full replacement costs of to City. Page I of I 07/18/2005 09:42 3056687356 CITY OF SOUTH MIAMI PAGE 04 6. insurance: As a condition precedent to being permitted to use the promises lndemnitor shall at its own expenses, comply with all of the following insurance requ rements of the City. It is agreed by the parties that this lndemnitor shall provide proof of the following insurance coverage to the City on,or before using the Premises. (a) Commercial general liability insurance, on an occurrence basis in the Amount of One Million($1,000,000.00) Dollar per occurrence and in the aggregate for bodily injury, death property damage and personal Injury. The policy niust include coverage for contractual liability. If the user's activities involve the save of alcohol, then liquor liability in the same amount is also required. These policies must name the City of South Miami as additional insured. (b) It is understood and agreed that all coverage provided by tl-e lndemnitor are primary to any insurance or self-insurance program the City has Re these premises and the lndemnitor and their Insurance shall have no right of recovery or subrogation against the City. (c) All policies must be issued by companies authorized to dc, business in the State of Florida and assigned a rating of A+ or better per Best Frey Rating Guide Latest Edition. (d) Alternate coverage to satisfy these requirements is subject to prior approval of the City's Risk Manager.may be required for this Agreement or for any activities permitted on the premises. 7. Other Terns and Conditions: The lndemnitor shall provide,at Indemnitor's sole cost and expense,off-duty City of South Miami Police Officer,as required by the City Manager. IN WITNESS WHERE OF,the lndemnitor has executed this Agreement This day of �,� ri 200 l� ^S�virce INDiCMNITOR: 5t (NAM C F ENTITY NDIVIDUAL) BY (SIGNATURE) (Prinf name and title of person signing) ATTEST: 'l (Signature of Secretary or Witness) Please check one of the following: [Corporate Acknowledgment ❑ Partnership Acknowledgment ❑ Individual/Sole Proprietor Acknowledgment CORPORATE SEAL (Affix here) Page 2 of 3 07/18/2005 09:42 3056687356 CITY OF SOUTH MIAMI PAGE 06 r » fbo WT.S FLORIDA DEPARTMENT OF ESTATE Glenda E. Hood Secretary of State May 19, 2005 JOSE DELAROSA 6280 SUNSET DRIVE, SUITE 611 MIAMI, FL 33143 » The Articles of Organization for LIVE OAK VALET, LL(."*' were filed on May 13, 2005, and assigned document number 1-05000049830. Please refer to this number whenever corresponding with this office. In accordance with section 608.406(2),F.S., the name of this limited liability company is filed with the Department of State for public notice only and is granted without regard to any other name recorded with the Division of Corporations. A limited liability company annual report/uniform busine,;s report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer identification (FEI) number may be required before this report can be filed. Please apply NOW with the Internal Revenue Ser/ice by calling 1-800-829-3676 and requesting form SS-4. Please be aware if the limited liability company address --hanges, it is the responsibility of the limited liability company to notify this office. Should you have any questions regarding this matter, please contact this office at the address given below. Tammi Cline Document Specialist Registration/Fornign Clua:.,ficetjon Division of Corporations Letter Number: 605A00036219 Skin Centel of(Soutk vrl'ami DERMATOLOGY COSMETIC, LASER AND SURGICAL DERMATOLOGY ARTHUR S. COLSKY, M.D., PH.D. 6280 S.W.72ND STREET,SUITE 611 DIPLOMATE,AMERICAN BOARD SOUTH MIAMI,FLORIDA 33143 OF DERMATOLOGY (305)740-6181 FAX(305)740-6140 "'0000/ v � - 2 C-0� JUN `9 2005 South Miami Ali-America City 2001 CITE' OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, FL 33143 TELEPHONE 305.663.6326 *FAX 305.668-7356 FAX COVER SHEET. DATE: ✓-c c S FAX#:.306=605 °S 3 S-/ ATTN: FROM: ,5.; .tioy Yo PLC-fct� RE: 7tv s77 PAGES (INCL. COVER) COUNTS: K:TormslFAX COVER-PLANNING.doc J a�C�