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Home My WebLink AboutExhibitFLORIDA, hereinafter referred to as the "City", and M 114�I, COUNTY, a political subdivision �� ferred to as t" Waunty sion of the STATE OF FLORIDA, hereinafte H111lIII1I1. WITNESSETH WHEREAS,,i1111 II the City desir construct �n� es (the "Amenities") within the Ili Ilil ilk, 4 The construction amenities in t del'k area of NW 20 Street 114111111). from NW 24 Ave ile tc N s> Avenue} will include the removal of the existing ::: idalk and 'fti,E - eplaceme7f said s ivalk with a wider decorative sidewalk stin• . coloreci,o . : it laaasr-seattng-walle rid-lendseaping; - T Ill t untl raised certain concerns regarding the responsibility g111WHEREAS, .for ana maintena of the Amenities; and 11 WH I ' ,S permissthe y, in order to satisfy the concerns of the County, so as to 1 receive 8 I d place the Amenities in the County's right-of-way, has agreed to � terms, conditions and requirements set forth in this Agreement; NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree: County's right-of-way described as f IA11111111111 Y g Y NW 20 STREET FROM NW 24 AVENUE TO NW 23 AVENUE (SOUTH SIDEWALK) MAINTENANCE AGREEMENT This AGREEMENT, made and entered into this day of between the CITY OF MIAMI, FLORIDA, a municipal cor , 2006, by and on of the STATE OF 1 1 FINANCIAL RESPONSIBILITY FOR DESIGN AND CONSTRUCTION: The City shall be solely liable to fund both the design and construction of the Amenities, 2 DESIGN: The County agrees that the selection, retention 1d 11ischarge of any firm selected to develop design and consulting services f li !11 Amenities shall be the r responsibility of the City. At successive desi nl,ii ases,111 ' City shall submit PI' , documents for review and approval by the bmy s Departmenll ublic Works. The City will ensure that comments artq revisions nested by th 1i unty are p designF incor orated into the documents. T1I- f1Iii complete the construction plans in accordance with stand lijilig9pptable to ` jount. 3 PERMITS AND APPROVALS: 1Sjig tt r 1of d the City shall identify all .i II �Ij of cgii, fiction documents by utilities necessary 100 gencies and permittl iir Department a C 041R0 E those agen1sl The through its Department of Capital Improvements and Il1ted Contr , shalhlbtain all necessary permits, and utility adjustments l for th�}�lws and L`eject in a dance with applicable State, Federal and Local a !€ 1 � ordinances l! 1 l 4 CONSTRUCTION: The City shall procure the services of a licensed contractor to construct the Amenities. The County's inspector shall have an oversight role in the routine daily inspections. In the case of a disagreement over the interpretation of the plans, the County Public Works Director, or his representative, shall have final dinate t 9h as iami-Dade County Water and Sewer Env1 }11entaI Resources Mana ement. The g sary adjustmelts as required for approval and/or permitting 2 authority subsequent to an Independent final inspection by the County. The City's Engineer and the County's designated representative shall jointly perform the Inspection of the Amenities which immediately precedes substantial completion. The City shall certify upon completion that the Amenitie 01ire been constructed pursuant to the design plans and specifications i Ic, jrdance with standards 11 acceptable to the County. 11111111hCit shall be : eebnsible for the nnance of the 5 MAINTENANCE: The City solely �� Amenities. The Citywill be further real r to promp reimburse t1 for �� 1> ffunty any fundsCounty may the expend with res iiiiille ri itenance of the Amenities in the event the City fails to ' *li the sam ftl ough the County is under !fli111absolutely no obligation to so ma 1n. �1111 IIIIIIIii 6 LIABILITY: The 1011 III reieas i li 1''cinty J"Orly and all liability for any damage tha 0 be caus t any tl to any person or to any real or personal resin rom dire or indirectly, the County allowing the property � �� A . 111 Oi!itilitilcir loc ti in its right-ol- y, or otherwise acting or failing to act with ect to the r~ h ena44f the Amenities. The County will be further released i likny and all pas resenr future obligations to expend any County funds or to �I City take n I ther actio � maintain or improve the Amenities. The understands l }},l to the Amenities, agree : � i� unty or the County's designee does damage repair or replac ment of the same shall the responsibility of the County or the County's designee. 7 RIGHT TO REQUEST RE DIAL: The City understands a r agrees, if the County determines that a menities are endangering th lic health, safety or welfare or 3 have become unsigh or a nuisance, or interfe in any way with the County's use the right-of-way, that up request of the County, e City will remove or cause to be re ved any or al! Amenitie\from the County's right-o way. Should the City fail to comply h the County's remove t the City shall be •Iigated to reimburse th County for 'e I oval. 8 INSURANCE: The City shall maintain adequ t4Ill billty i ance to cover all reasonably insurable risks associated with t e it ntenance of the A* ities and the 1111 11111. covenants contained herein. quest, the County m 9 INDEMNIFICATION: To the extent autho#4 move the same and I I = orida law, the City hereby agrees to indemnify, defend, s 1 hold harm' 1he County to the extent of all g y � �tl .t 1At Ijilitutes from all claims the limitations included with se tin � 3 Flory �� , ai=a a at" demands, liabilitie of any�� j lresing out of, because of or due to the it g of this I.eement the City, Its agents or employees, or in fi� connection witigl4 IhJ clai ljEil be asiv. in connection with the Am enities. I �,� 10 DI F OLI tr N, APPLICAbill LAW: The parties shall resolve any 1putes, contrbr ies c - ims between them arising out of this Agreement in ildance with th iorida overnmental Conflict Resolution Act , Chapter t64, Floris totes, as `n nded. This Agreement shall be governed by the laws of the I State of FId ue in any proceedings shall be in Miami -Dade, Florida. 11 ENTIRE AGRE=MENT, AMENDMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject 4 matter of this agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration In the terms cqr'}a)ned herein shall be action. No modification, amendment or alteration in the terms or concligr con4111 effective unless contained in a written doc il 1 eit I prepared with t formality as this Agreement and execute4J:'� the partieyti ill 12 JOINT PREPARATION: The parties ack10 hat they have p i1ii 1 effective unless set forth in writing in accordance with l;ji d herein shall be 1 me or similar sought and received whatever competent Ad41411 d counsel Iras necessary for them to form I 1til �1 a full and complete understand n f a rig nd o b bns herein and that the 111 preparation of thF. i l k i nt has e iiito join`0111` ;rt, The language agreed to expresses tlif kutuai int 1 and th suiting document shall not, solely as a ii matter of judic IInstruci stru� ,ore severely against one of the parties Onittil 11111 i "4(1E111111' ERANCE III : le eJ!i portion of this Agreement is found to be invalid by a li] 11�I1f pof com eten� i risdictt ln, the remaining provisions shall continue to be effect4 Tess the I or County elect to terminate this Agreement. An election to ,,c, terminate t i 1j Y event based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 5 14 NOTICES: Any and all notices required to be given under this agreement shall be sent by first class mail, addressed as follows: To the County: Attention: Esther L. Galas, P.E. Director, Public Works Department Miami -Dade County l� 111 N. W. 1 st Street, it 1640 Miami, Florida 33128 To the City: (305) 375-2960 .<1I Attention: Mary H. Conway, P.E. 111 m Director, Dep r ent of CapitIi City of Miami`f 1 !tI 44 S.W. 2 nd AVii { Miami, Florida 3 6 0 jilil iJ 1ii vements and Transportation �' Floor 111111111111111111' III) IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. ATTEST: HARVEY RUVIN CLERK OF THE BOARD BY: Deputy Clerk Approved by County Attorney as to form and legal sufficiency ATTEST: BY: 114 MIAMI-DADE COUNTY, BY ITS BOARD OF j COUNTY COMMIS BY: 111111111111 11111111 � iliCounty Mani LORIDA, FRS County Atto"'- 11111 CITY OF , a municipal 111111a�n�r oration tierState of Florida �l11111IJ illiiiii 1drolFrnandez,1P.E. City anager ndez it Orney 7