HomeMy WebLinkAboutExhibit 1COVENANT OF CONSTRUCTION WITHIN MIAMI DADE COUNTY RIGHT OF WAY
BETWEEN THE CITY OF MIAMI AND MIAMI DADE COUNTY
WHEREAS, the City of Miami requests permission from the Miami -Dade County to remove silt
and unconsolidated sediment, install riprap to stabilize the shoreline and plant new mangrove
seedlings along the linear portion of the Rockerman Canal.
IN CONSIDERATION, of and conditioned upon the approval of this permit by the Miami -Dade
County, the City of Miami agrees as follows:
1. To maintain and repair, when necessary, the riprap and planting installed within the dedicated
Miami Dade County "right of way". If it becomes necessary for the County to make repairs or
maintain said item(s) within public right of way by reason of the City of Miami's failure to do so,
such direct cost incurred by the County shall be paid by the City of Miami.
2. To the extent allowed by Florida Statute 768.28 the City of Miami does hereby agree to
indemnify and hold Miami Dade County harmless from any and all liability for personal
injury/property damage that may arise by virtue of the City's ovum negligence which may occur
due to Miami Dade County permitting the installation of these improvements within the public
"right of way".
3. The City of Miami does hereby agree to remove or relocate the facilities constructed pursuant
to this covenant at the City of Miami's own expense, within 60 days following written notice by
Miami Dade County to do so. Failure to comply with this notice will result in the County causing
the improvements to be removed and all direct costs incurred by the County in the removal and
disposal of the item(s) shall be assessed against the City of Miami.
4. The undersigned further agrees that these conditions shall be deemed a covenant between
the City of Miami and Miami Dade County and shall remain in full force and effect and be
binding on the City of Miami until such time as this obligation has been cancelled by an affidavit
filed in the Public Records of Miami Dade County, Florida by Miami Dade County (their fully
authorized representative) or until such time as this work is completed, whichever occurs first.
Signed, sealed, executed and acknowledged on the
Signed, sealed and delivered in the presence of:
day of , 2013.
Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O. Bru, City Attorney Calvin Ellis, Director
Risk Management
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