HomeMy WebLinkAboutExhibit 1RELEASE, WAIVER OF LIABILITY & COVENANT NOT TO SUE
This Release, Waiver of Liability and Covenant Not to Sue Agreement ("Release") was read, understood and
signed on this day of , 201 _, by: the City of Miami, a Florida municipal corporation,
whose address is, 444 SW 2nd Av., 10th Floor, Attention: City Manager, Miami, Fla. 33130-1910, (hereinafter
referred to as the "City") and given to Florida Power & Light Company, board members, agents, and/or
employees (collectively referred to here as the "Company"), a corporation organized and existing under the
laws of the State of Florida with its principal business office located at 700 Universe Boulevard, Juno Beach,
Florida 33408, which will install and maintain LED Roadway lighting on property owned or maintained by the
City. The City understands that FPL does not recommend any lighting which may not comply with any law,
code, rule, regulation or guideline and that LED lighting may not be compliant with applicable laws, codes or
guidelines.
In consideration of the Company installing and maintaining the LED Roadway lighting the City, clearly and
unequivocally releases, subject to the limitations of §768.28, Florida Statutes, waives, discharges and
covenants not to sue the Company from all liability to it or its agents or employees, for any and all loss or
damage, any claims based on negligence or other tort, and any claim or demands for the same on account of
death or injury to person or property, when caused by the negligence of the City, its agents, employees and
representatives, while the City has such lighting in place. It is specifically understood and agreed that this
clause does not cover the Company for its negligence or breach of contract. The City agrees that
consideration for this Release has been given by the Company and that the Company is not in the business of
providing a recreational activity. The City agrees that the foregoing Release is intended to be as broad as
inclusive as is permitted by the law of Florida, subject to the limitations contained in § 768.28, Florida
Statutes and Florida law on sovereign immunity of local governments, and that if any portion of it is held
invalid, agrees that the balance shall, notwithstanding, continue in full legal force and effect. If any action or
proceeding is brought against the Company by reason of such claims attributable to the negligence of the
City, its agents, employees and representatives, on notice from the Company, the City shall defend the action
or proceeding at the City's expense by counsel reasonably satisfactory to the City Attorney and local Company
counsel, which may be furnished by in house litigation counsel of the City at the option of the City Attorney.
Any litigation resulting from the nature walk in the City shall be brought and maintained in Miami -Dade
County, Florida and Florida law shall apply to all matters between the City and the Company. Each party
shall bear their own respective attorney's fees.
The City has . read and voluntarily signed this release and further agree that no oral representations,
statements or inducements apart from the foregoing written agreement have been made. By signing below,
the City acknowledges that it has read this Release. Any questions the City had about the important rights it
is giving up in order to obtain the lighting has been either explained to it or is understood from the City's own
knowledge. The City agrees that the language in this document is unambiguous. This Release is subject to
the limitations of Section 768.28, Florida Statutes.
This Agreement shall automatically expire four (4) years from the completion of the installation of this LED
Roadway Lighting, which shall be concluded by , 2013.
Dated: Signed:
Johnny Martinez, P.E., City Manager
Attest: (AUTHORIZED AGENT OF CITY)
Todd Hannon, City Clerk
Approved as to Insurance Requirements: Approved as to legal form and correctness:
Calvin Ellis, Director
Risk Management
Julie O. Bru
City Attorney
This Agreement requires the approval of the Miami City Commission.
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