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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.tl.us
File Number: 05-00166a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE TWO COVENANTS AS
STATED HEREIN, FROM MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE BEAUTIFICATION OF THE LITTLE HAITI
FREEDOM GARDEN LOCATED AT 6135 NORTH MIAMI AVENUE, MIAMI,
FLORIDA, AS PART OF THE HAITIAN BICENTENNIAL CELEBRATION.
WHEREAS, pursuant to Resolution No. 03-77, adopted January 9, 2003, the City Commission
directed that the City of Miami ("City"), in cooperation with the Office of the Mayor, coordinate events
throughout South Florida, to celebrate the 200 Year Bicentennial of Haiti occurring in May, 2005; and
WHEREAS, to celebrate said Bicentennial, the Haitian American community has commissioned a
statue of Toussaint L'Ouverture ("Statue") to be built and erected in the Freedom Garden along with
landscaping; and
WHEREAS, Miami -Dade County ("County") has approved the use of its Right of Way located at
6135 North Miami Avenue (North Miami Avenue south of Northwest 62 Street at the Southwest
corner), Miami, Florida, for the Haitian Community's Freedom Garden, contingent on the Covenants,
attached and incorporated, being approved by the City; and
WHEREAS, it will be necessary for the City Manager to execute the two Covenants requested by
the County for this purpose; and
WHEREAS, the Covenants provide that the City will be allowed to make the improvements and
install the Statue within the right-of-way, will maintain the improvements, will remove the improvements
and Statue if requested by the County, and will indemnify and hold harmless the County;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2, The City Manager is authorized{1} to execute two Covenants, a Covenant for
Construction Within the Right -of -Way and a Covenant for Maintenance of Landscaping Within Public
Right -of -Way By Corporation, owned by the County, in substantially the attached form, for the
beautification of the Little Haiti Freedom Garden located at 6135 North Miami Avenue, Miami, Florida,
as part of the Haitian Bicentennial Celebration.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
City of Miami Page 1 of 2 Printed On: 2/23/2005
File Number: 05-00166a
APPROVED AS TO FORM AND CORRECTNESS:%
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10} calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 2/23/2005