HomeMy WebLinkAboutExhibitCOVENANT
This COVENANT made and entered .into this day of , 2006, by and
between MIAMI-DADE COUNTY, 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'.
WITNESSETH
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WHEREAS, the COUNTY, . desires to construct, operate and maintain underground
utilities including but not limited to ELECTRIC,.TEI EPHONE, and WATER LINES, with all. necessary'
appurtenances; and
WHEREAS, The COUNTY.has: requested from the City permits to construct;. operate and
maintain said underground utilities: under the surface of certain streets and avenues'in• the City of Miami:
bounded by: West Flagler, N.W. 5 Street,. Interstate 1-95 and N.W.,1st Avenue; hereinafter referred to
as the "DOWNTOWN GOVERNMENT CENTER': NW 5' Street, NW 12th Street, Interstate 1-95 to
Biscayne Bay, hereinafter referred to as the "OVIRTOWN TRANSIT VILLAGE"; and NW 11th Street,
NW 14th Street, NW 12 ' Avenue' ind NW 14th Avenue, hereinafter referred to as the"CIVIC CENTER".
• NOW, THEREFORE; in `considerafian of the agreements and benefits which •wilt accu re .
to the .City- and the County 'from. the .construction, operatien.'and maintenance flf' said. underground
utilities through,•across, along and under the surface of certain streets and avenues in,the :city Qf Mien
• •es hereinafter designated, the COUNTY, which term includes its successors in interest and/or assigns,
does hereby covenant and agree with the CITYiS follows:
1. After a permit has been issued .by the CITY, the COUNTY will cause to be constructed
orinstalled underground utilities, inciudirig the instaII tiori of necessary pipes and appurtenances' under
the surface, at the specified locations:
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• Public Rights of Way and Public Utility Eesenlenti6yithinOilfiliOWNtoWkboVERNMEfe CENTER,
OVERTOWN TRANSIT VILLAGE and the CIVIC CENTER.•`
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2. The COUNTY shall submit to the City's Department of Public Works construction
plans for approval prior to the construction of said underground• utilities and a complete set of 'AS
BUILT plans after construction of these .,underground utilities hasbeen completed, said plans and
specifications to be prepared by a professionalengineer, registered in the State of Florida; and
3. The C' a' Y shall to the extent permitted by' • ••'p within the limitations of Florida
Statutes, Section 768.28; Hold the CITY harmless from any darriage which results directly or indirectly
from the construction, operation,maintenance, repair and/Or removalof said underground utilities or
any part thereof, and in ..the event '.ofdamage to the underground. utilities, 'requiring the making of
repairs, from any 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 mariner that
prevents it from being•.or becoming a nuisance or detrimental to public health and safety or injurious.to •
adjacent property, public or private, and, install and pay for•such other cciritrollirig devices as might be
required' by the Department of Public.Wocs of the CITY; and
• 5. The COUNTY•shafl restore the streets to their.original condition, insotaf as practical
the opinion of the CITY'S Director. of the Department of Public Works; and
6. In an emergency, when the County% 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 emergency,shall have the right to make the necessary repairs,• with the ;total cost
of same being charges to the COUNTY; and
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7. The COUNTY shall hold the CITY harmless from any liability est'ablfs'hed f y law
arising out of the granting of this COVENANT, and will defend or cause to be defended, any action
brought against the CITY in connection herewith; and
8. The COUNTY •agrees that the right to use the CITY'S avenues and streets herein
designated 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' . 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 385 days •unless extended
by mutual agreement, when so notified by the City's Department of Public Works that They conflict with.
the construction, reconstruction, installation of public utilities, or maintenance in or of tote. streets. and
avenues in the DOWNTOWN GOVERNMENT CENTER", NOVERTOWN TRANSIT y,1L•LAGE" and the '
"CIVIC CENTER'; and •
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It is expressly agreed that this instrument and obligation shall be binding an the
COUNTY, its successors in interest or assigns, and shall be a condition implied in' any conveyance or:
other instrument.
IN WITNESS WHERI=OF, the parties hereto have caused this instrument to be executed by
their respective official's thereunto duly authorized, this dayof • , 2006.
ATTEST:..
By:
Clerk
• • • Appravad as to fold ' •
•and legal sufficiency.
Assistant Ceunty.Attorney
A7 TEST:•
.. MIAMI-DADE EOUNTlf
County Manager
Date:
CITY OF MIAMI ' •
By: By:
Clerk City Manager
Date:
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APPROVED A. TO LEGAL FORM
BY:
JORGE L. FERNANDEZ
CITY ATTORNEY