HomeMy WebLinkAboutR-82-0134RESOLUTION NO. 8 2` 1 3 4
A RESOLUTION ACCEPTING A COVENANT FROM
METROPOLITAN DADE COUNTY FOR COUNTY -
OWNED UTILITIES TO BE INSTALLED AND
MAINTAINED WITHIN THE DOWNTOWN GOVERN-
MENT CENTER AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE SAME.
WHEREAS, the COUNTY has requested from the CITY permits to
construct, operate and maintain underground utilities under the
surface of certain streets and avenues in the City of Miami
bounded by West Flagler Street, N.W. 5th Street, Interstate I-95
and N.W. lst Avenue, hereinafter referred to as the "DOIRTTO1,1N
GOVERNMENT CENTER"; and
WHEREAS, in consideration of certain benefits which will
accrue for the COUNTY as a result of the construction, operation
and maintenance of said underground utilities, the COUNTY has
entered into a covenant with the CITY a copy of which is hereto
attached and made a part hereof; and
WHEREAS, on October 26, 1981 the County Commission passed
and adopted Resolution No. R-1641-81 approving said Covenant
and authorizing the County Manager to execute same; and
WHEREAS, the Department of Public Works sees no objections
to said covenant and recommends its approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the City Manager and City Clerk be and they
are hereby authorized to execute the attached Covenant between the
COUNTY and the CITY, all in accordance with the requirements of
the Department of Public Works.
PASSED and ADOPTED this 11TH
PREPARED AND APPROVED BY:
DEPUTY CITY A
day FEBRUARY of 1981.
MAURICE A. FERRE
MAYOR
APP QED AS 70 FORM`mp COR[tECTN
. su• �/NYt�� 1V�itFMtlfiIV1WIlY �'
MEETING OF
FEB11 199/82
MWOUMON K.
8 N s
/2- 16 1.// ` 9/
COVEIIANT
-HIS COVENANT made and entered into this d a Y o f
Q
13 ' ,
19R1, by
and between DADE
COUNTY FLORIDA, a
political
subdivision
of the
State of Florida,
hereinafter referred
to as the "COUNTY", and the CITY OF MIAMI, a municipal corporation,
hereinafter referred to as "CITY".
WITNESSF,71:
WHEREAS, the COUT,ITY, desires to construct, operate and main-
tain underground utilities including but not limited to ELFCTRIC, TELE-
PHONE, and WATER LIPIES, with all necessary appurtenances; and
WIirRFAS, the COUNTY has requested from the CI"_'Y permits to
construct, operate and maintain said underground utilities under the
surface of certain streets and avenues in the City of %'iami bounded
by Vest Flagler Street, 1'.'.1. � Street, Interstate I-9r and NT.';. 1
Avenue, hereinafter referred to as the "n0:,'?1"'0'.";
N011d, THEREFORE, in consideration of the a�7reements and bene-
fits which will accrue the COUNTY from the construction, operation and
maintenance of said underground utilities through, across, along; and
under the surface of certain streets and avenues in the City of Miami
as hereinafter designated, the CO?J"17Y, which term includes its succes-
sors in interest and/or assigns, does hereby covenant and agree with
the CITY as follows:
1. After a permit has been issued by the CITY, the COUNTY
will cause to be constructed or installed underground utilities, in -
eluding the installation of necessary pipes and appurtenances under
the surface, at the specified locations:
Public Rights of Way and Public Utility Easements within
the DOWNTTOWN GOVERI'1MENT CENTER.
82-134
W T
2. The COUNTY shall submit to the Department of Public
Works of the CITY construction plane for approval prior to the con-
struction of said underground utilities and a complete set of "AS
BUILT" plans after construction of these underground utilities has
been completed, said plans and specifications to be prepared by a
professional engineer, registered in the State of Florida; and
3. The COUNTY shall, to the extent permitted by law and
within the limitations of Florida Statutes, >ection 768.29, hold the
CITY harmless from and pay for any damage to the CITY which results
directly or indirectly from the construction, operation, maintenance,
repair and/or removal of said underground utilities or any part
thereof, and in the event of damage to the underground utilities,
requiring the making; of repairs, from any cause whatsoever during
the life of this Covenant, the COUNTY shall cause such repair to be
made forthwith, whether in any way responsible for the damage or not;
and
4. The COUNTY shall operate and maintain said underground
utilities in a manner that prevents it from being or becomming a
nuisance or detrimental to public health and safety or injurious to
adjacent property, public or private, and install and pay for such
other controlling devices as might be required by the Department of
Public Works of the CITY; and
5. The COUNTY shall restore the streets to their original
condition, insofar as practical in the opinion of the CITY'S Director
of the Department of Public Works; and
6. In an emergency, when the COUNTi''S representative is
immediately unavailable and/or unable to provide the necessary,
immediate repairs to a ruptured or malfunctioning underground utility
heretofore installed by the COUNTY, or to any faults or excessively
settled or sunken areas that may develop in any area over, around or
adjacent to the said underground utilities, the CITY, when apprised
of such an emermency, shall have the right to make the necessary re-
pairs, with the total cost of same being charged to the COUNTY; and
s 82-134
;a A
7. The COUNTY shall hole the CITY harmless from any
liability established by law arising out of the granting of this
Covenant, and will defend or cause to be defended, any action
brou,ht against the CITY in connection herewith; and
8. The COUNTY agrees that the right to use the CITY'S
avenues and streets herein desir;nated for the construction, operation
and maintenance of said underground utilities shall not be assignable,
In whole or in part, without the written consent and approval of the
CITY'S Director of the Department of Public Works; and
9. The COUNTY agrees to adjust, protect, relocate, or
remove said underground utilities constructed under the terms of
this Covenant, at no cost to the CITY, within 180 days when so
notified by the Department of Public Works of the CITY that they
conflict with the construction, reconstruction, installation of
public utilities, or maintenance in or of the streets and avenues
in the "DOS i�ITO;':i1 GOVE'RN!111' 1T CF.IITER" ; and
It is expressly agreed that this instrument and obligation
shall be binding on the COUNTY, its successors in interest or assigns,
and shall be a condition implied in any conveyance or other instrument.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials thereunto
duly authorized, this day of , 1981.
ATTEST:
BY
Deputy Clerk
STATE OF FLORIDA)
) SS
COUNTY OF DADE )
i
METROPOLITAN DADE COUNTY .,..•.
' co N1 M �s •'••
> oxof sue:
ZA
Merritt Stierheim .p
County Manager tJ
'4 =•-teav��
The foregoing, instrument was acknowledged before me *this
Z,3 day o f-'y��i-,_Gti , 1981.
ATTEST:
BY:
,
►jrTrRY PUBLIC STATE OF FLORIDA AT LARGE Nota Public -State of Florida
_or"AISSIONEXPIRES MAY 1 1985 My C mmission Expires:
, , nRU GENER.AL INS . U14DERWRI TERS
- 3-
CITY OF MIAMI
BY: (SEAL)
Howard V. Gary
City Manager Q O _ y Q
a
STATE, OF FLORIDA)
COUNTY OF DADS )
The foregoing instrument ,�ias acknowledged before me this
day of , 1991, by Howard V. Gary and Ralph G.
Ongie, the City Manager and City Clerk respectively of the City of Miami.
Approved as to Legal Form and
Sufficiency:
01
Robert Ginsbere„g.
County Attorn
Metropolitan Dade County
Notary Public - State of Florida
My Commission expires:
Approved as to Form and Correct-
ness:
laj��
�~ Georme F. Knox.
ity Attorney
City o`' 'ii_ami
■. '
82-134
CITY GF t11A1,11, 7 L.07:I7.:A 1
70 "144 1''1)FF1ri '0G A.A71.:�Rii ri D!_i..i
T,D Howard V. Gary ,,TF February 2, 1982
City <<anager
Covenant for County -Owned
Utilities Within Downto,-in
Government Center
FROM Donald W. Cather
`F`a`r" _' ector of Publi(For Commission Meetin--
'rc s
' of February 11,
E'NCL05UEc
�I
The Department of Public Works recommends
adoption of the attached resolution
accepting a covenant from Dade County
for County -owned utilities within the
Downtown Government Center.
Metropolitan Dade County is in the process of constructing,
installing, and maintaining various underground utilities
CD
in the area bounded by Hest Flagler Street, N. 1-1. 5'Street,
Interstate 1-95, and N. W. First Avenue, which is referred
to as the Downtown Government Center.
The Department of Public ;-Jorl.s has negotiated with the
coordinator for the Downto•,•rn Government Center in arriving
at the attached covenant, which will perm„i t the Count,? to
install all necessary underground utilities in the afore-
mentioned area.
All of the wort: trill be done at the cost of the Count;,; . All
utilities ;-sill be orerated and maintained by the County
or the appropriate utility company. The County has also
agreed to adjust, protect, relocate, or remove any utilities
constructed under this agreement, at no cost to the City)
within 180 days if they conflict with the construction, re-
construction, installation of public utilities, or maintenance
in any of the aforeindritioned streets.
With the addition of paragraph 9 to this covenant, the Public
Works Department reco'.imends adoption of t'ni; resolution.
On October 26, 1981, Dade Count;; .sassed and adopted P.,�solu-
tion R-1641-81 apnrovin;- sai,-1 covenant and e::ecuted it.
DWC : ho-
Resolution attached
82 - 1 34