HomeMy WebLinkAboutexhibit1COVENANT OF CONSTRUCTION WITHIN RIGHT OF WAY
WHEREAS, City of Miami, a municipal corporation of the State of Florida
hereinafter referred to as the OWNER of the following described property:
A STATUE OF TOUSSAINT L'OUVERTURE AND RENOVATION OF THE FREEDOM
GARDEN
requests permission to install a Statue of Toussaint L'Ouverture and Renovation of the
Freedom Garden
Within the public road right of way of North Miami Avenue south of NW 62 Street at the
SW corner as per attached drawing. _.
IN CONSIDERATION of the approval by the Dade County Public Works Department, i:he
City of Miami (City) agrees as follows:
1. To maintain and repair, when necessary, the above mentioned item(s) installed
within the dedicated right of way. If it becomes necessary for the County to make
repairs or maintain said item(s) within public right of way including restoration of
street by reason of the City's failure to do so, such expense shall be paid by the City.
2. To the extent allowed by Section 768.28, Florida Statutes, the City does hereby agree
to indemnify and hold Dade County harmless from any and all liability which may
arise by virtue of Dade County permitting the installation of these item(s) within the
public right of way.
3. The City does hereby agree to remove or relocate their facilities at their own expense,
within 60 days notice by the Public Works Department to do so. Failure to comply
with this notice will result in the County causing the item(s) to be removed and
assessed against the City for all costs incurred in the removal and disposal of the
item(s).
4. The undersigned, further agrees that these conditions shall be deemed a covenant
running with the land and shall remain in full force and effect and be binding on the
undersigned, their heirs and assigns, until such time as this obligation has been
cancelled by an affidavit filed in the Public Records of Dade County, Florida by the
Director of the Public Works Department (or his, fully authorized representative).
Signed, sealed, executed and acknowledge on the day of 20_, at
Miami, Florida.
ATTEST: CITY OF MIAMI, a municipal corporation of the
State of Florida
Priscilla Thompson, City Clerk Joe Arriola, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Dania Carrillo, Administrator
Risk Management Department
Jorge L. Fernandez, City Attorney