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HomeMy WebLinkAboutexhibit2COVENANT FOR MAINTENANCE OF LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY BY CORPORATION STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) WHEREAS, in consideration of this covenant, an approval will be issued by the Miami Dade Public Works Department (PWD) to the City of Miami (City ), a municipal corporation of the State of Florida, which agrees as follows: 1. To construct, maintain in good condition and replace where necessary, shrubbery and related landscaping and irrigation elements (if any), within the public dedicated right of way of North Miami Avenue, south of NW 62 Street at the SW corner in accordance with the attached approved landscaping plans. Quality and type of improvements shall have been previously approved by the Director of PWD or his designee prior to construction. 2. To consult with PWD, and cause its contractor to consult with PWD from time to time during the course of any such construction, including, without limitation, suggestions respecting appropriate temporary barricades; 3. To take steps to ensure that it and its contractor shall conduct the construction in such a manner as to cause no interference with the public's use of the Premises or to the public utilities within the Premises. 4. To the extent allowed by Section 768.28, Florida Statutes, the City shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or it officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the City or its employees,. agents, servants, partners principals or subcontractors. The City shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments„ and attorney's fees which may issue thereon, The City expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the City shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Signed, sealed, executed and acknowledged 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 lI 11 rr UNE OF SllWITf TRIANGLE, ( I N.W. 62nd STREET :oTE J CSCAPIN.i ONLY HOWN FOR IODATION. .GTUAL LANDS cArAirn TO OLL W'INiEN'I', AND : rAY OUT OF THE TRAFFIC N.W.61st STREET S.0CATE STATUE BASE CENTERED oF.r 6ixIST1NC SIDEWALK ADJUST AS 1+1ELTESSA' RV TO AVOID UNDERI3ROUNG LrDLITtOS OR 1 ExIsrINO g1W114LIDT IONS �'N I;yN CIRCULAR TAMPED CL1NORETE iT SICF,WALK. USE FAN PArrEiRN5.AIT11N(9 A criNTEA MOVING OUT o EDGE. OF C.:IRCLE, NEW 12'02' CONCRETE BADE FOUNDATION FOR NEW STATUE • 1 •I. i eMILTON CUBAS, RE, CNIL k STRUCTURAL ENGINEER Y.E. # 51902 1302 N.E. 125 Street North Miami; Florida 33161 Tel: (305) 891-4174 Fax: (305) 891-4175 E-mail: mcubas99 iworidnet.att,net z LA- JD5CA-Pi N G PL4L) • a