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Home My WebLink AboutExhibit CL0CATIO1 : 2.50 SE 3 Street, 276 SE 2 Street & 299 SE 3 Street Miami, Florida 33131. FOLIOS 01-4206-069-0001; 01.-4206-069-0030; 01-4206-069-0010; and 01-4206-069-0020 Prepared by and return recorded copy to: City of Miami Pubic Works Department Attentioni Director of Public Works Eduardo Sartamaria, P E CGC 444 SW 2n'Arenue, 811 Floor Miami, Florida 33130-19',i 0 COVENANT :RUNNING WITH THE ..,AND ("COVENANT") FHB. COVENANT made inJ entered into this of Apil. 2016..t,, and bet‘yeen P&G DV L{ ')P\IFNT, 1 TD, (hereinafter called "('OVENANTOR:7) and the CITY OF FLOT.,,f,DA., a municipal .corporation of the State of Florida, located in Ntiarni-Dade County, hereinafter called CIFY; and. \VIIEREAS, COVEN1N-FOR is the. fee OWNER of:. See attached Exhibit "A" containing a de:scription of. th.o property (her&inafter called "PROPERTY"); and WILER.EAS, COVENANTOR has requested. pennission. .from Cl EY to construct and maintain tIonstandard irnpro.vernentsdeseriLd in Exhibit "13" (hereinafter collectively called "1 ,\IP RO VENI ENT S") ‘vi thin Ole public -of-way along Si' 2nd Street adjacent to the. .ER(i) PERTY; ,and .WEIEREAS, CITY has in turn r.c.xinested permission from THE STATE OF l'E.ORIDA. .1)EPARTENIEN71 017 -FRANSPORTATION (hereinafter called "FDO'T") to, maintain those portions of the 1\1PROVENIEN 1 S constructed by COVENANTOR along SE 2nd Street adjacent to the PROPERTY', which are under the maintenance jurisdiction of 171)0T; and WIIERE,AS. CITY has required the COVENANTOR to execute and deliver to CI EY this instrument as a condition precedent to the granting of said permission to construct and maintain LOCATION. 250 SE 3, Street, 276 SE 2 Street & 299 SE 3 Street Miami, Florida .33131. 1 ()1 I0S 4: 01-4206-069-0001; 01-4206-069-0030; 01-4206-069-0010; and 0 I -4206-069-0020 the 'LMPROVEMENTS„ arid as a condition. precedent to the CIT'i's acceptance of said maintenance responsibilities from "FDO"f; arid 'ITIEREFORE, in consideration i f the permission by CII-Y to tHillow the construction dfld maintenance of the I.,VIP'ROVEMENTS within the dedicated public right of \,,,,,i,ty b:„..... C(D'VENAVEOR and in the fitirther consideration oi . the preiniscis. CON,'ENANTOR„ do hereby covenant and agTee ,,,,vidii CITY that COVENANTOR. shalt, at no cost to, th.e CITY, remove the aforementioned 1\IPROV1 \IL\ 15 whenever recniested. by, and upon thirty (30) days 'written notice from, tile Dinetor of the Department of Public Works of CITY. In the event that COVENANTOR, its successors, or assigns fails to remove .the INIPROVEINTEiNTS when So reiptested, tlia Director of the E)epartment of Public Works of CITY shall cause the afOrerrientioned I'MPROVIEIMENTS to be removed at the expense of CO'VENUks.TOR.; the arnount of' such. removal. cost shall be declared and established as a hen on the pro,perty of such delatilting COVENANTOR and enforced as any lien o.f.rnaterials .furnished and %.vorik. and labor done providecl 1111,1er the Statutes of the State of Ilorida, the applicable (17odes of the City and the County, and 'the C.'.0'VENAN1TOR voluntarily, 'knowingly and freely covenants and agrees that itild recotirse or cause(s) of action against the CITY is hereby expressly kyr:Li:vex:I as to any darnag,0 caused., direct,. indirect, special, consequential or otherwise, to any porlion, in 'whole or in part, of the re'mainder of COVEN„ANTOR's irnaprovernents„ resulting ..front the r tinov.al 0.r the aforesaid IMPR.OVENTENTS 'from said public -Right -or -Way'', COVEN.,,,•kNTOR. shall provide atiaintonance or the Ii\TPRO\eli.MENTS, in accordance 1;:vith the C'ITY'S standards Lind specifications,. ()CAI ION: 250 SE 3 Street,, 276 SE 2 Street Si. 299 SE, 3 Street Miami, Florida 33131 P0L10S -4: 01-4206-069-0001; 01-4206-069-0030.; 01-4206-069-001.0; and 01-4206-069-0020 (OVENAINT.TOR agrees to accept and assume all obligations and responsibilities being assiLined to C11'17 in that certain fl.)011 NIAINTENANCE NIENIC)R.,...kN1)U.N1 ()U' A GRLENIENT (hereinafter called "NI:MC/A"), a Copy of which is, articled as Ex1libit..."(7,..". In doing. so„ ClOVEI\lANTOR accepts and iis,stimes all obliginions and responsibilities pertaining to the L.M.PROVE,,MENTS ,Atithin rippLicable portions of the PROJECT Li.\IITS, as is defined by FDOT in the attached Nt.1ll\..1.0A. (hereinafter: ualled "EDO-F PROJECT LINHTS"). COVIii.N.,A,NTaR. shad indemnify, defend, and. hold CI its officers and employees,. harmless fro'il. any claims,. darnands, liabilities, losses or causes of action of any nature .Lvhatsoever arising (nit 0 the acceptance 1),,, the CITY of 'this Covenant an.d/or the use, construction, maintenance and or removal. of Me INIPRO'VENTENTS, or any part hereof, from and Lnaainst any oniers, J tniaments csr decrees that rday be entered, and 1.".1..cnii. and against all costs, at.torne:,.s fees, expenses and lial.nlities inc...atred in the defense ot such claim or in the investigation thereof. (i'l:l(fAtl-E.N.,,-)ClCi." OR s.hall indemnify, defencl and to C117).", it officers and ernployees, harmless frcell and. agai.nst any and all claims., liability., losses and causes or action, of any riattire wilatsoever thcit nuty arise out of the granting of this Clovenant or ow of COVENANTORS' activities tulder this Co‘.....eriant, MelLuling all other acts or omissions to act on die part of C:OVEN2.\....vr(.)R. or any person acting "for or on CO',IlliNALNI-roR.'S behalf, and fromand agai ilst any. order.3„ judgments or decrees that may be entered,. and ,from and ,against all costs, attorneys' fees, expenses and liabilines incurred in the defense of any such claims or in the investigation thereof or aininst, an t i\ il. autions, statutory or similar claims., injuries or damages arising 01 LOCKEION: 250 SE 3 Street„ 27.6 SE 2 Street 8i, 299 SE 3 Street Miami, Florida 33131 1 (K.IOS 4: 01-4206-069-0001; 01-4..206-069-0030; 01-4206-069-0010; and 0 I -4206-069-0020 resulting from the peril -lined work o,r use. of. the. right o even if it is alleged that the Citrii, its officials andlor einployees were neglient. COVENINTORshall keep in .full force and effect, at all times duri.tig the exercise of:this (ovelai1i, a coranlercial general liability policy of irisurance of at least S I.,000„.000 per occurrence. and S2.000.0(1)0 ',,,,ip...reIte, tbr bodily injury,. including death, and property darnaqe, The certificate of insurance should afforil co \tera2te for premises and operations Viability, products and corapleted operations, personal. and advertising iiitury liability, and arti,,t other endorsenTents pertinent: to the scope of work_ -17he insurance should be printatty and .noncontributory,. Tile insurance iinci Conestutnt shall be subject to the approval of the CITY's 1Risk, Nrfanager and. the CIT)t i.sottorney, The instirtance policy shall be procured and preinturns paid by.. COVENtkNTOR. 'The effective date of the policy.. shall be prior to or on the effective date of the (lllovenant, and the policy ternt or any rele.\\.,Lils thereof shall remain. in effect for the terinn of the Covenant_ The insurance. carrier for the policy must be rated no less than A- as to manatternent and no less than Class (V) as LO Strenqth by the latest edition of Best's Insurance Ciuide and rnust be approved by the CITY's Risk Managier, CITY slut]." he listed as Additional Insured juicier the j'..iolicy, Proof ,..f itrIsurance shall be .supplied to the satisfaction of CITY prior to the issuance of any pc nil ,,,,\ Certificilte of .Insura...ie bearing CITY as, ",-..\dditional Insured- shall itl. no wir,}' relieve C(i)VENANTOR. of the obligation 1.(,) add CITY as "Aiiiditionill. Insured- to the acu al insurance policy.. The insurance policy shall provide that CITY be Aiken at least thirty (30) days advance written notice of an material changes, cancellation or non -renewal. mytifIcation of any 1...„OCATION1 250 SE 3 Street,. 276 SE 2 Street clk:. 299 SE 3, Sireif Miami, Florida 33131 101....,,1OS #: 01-4206-069-000E 014206-069-0030; 014206-069-0010; and 01-4206-069-0020 policy and, in .the event of SUChmaterial change, cat-lc:citation ar ..onsrenewal notification„. COVENANTOR shall inimediately replace' said policy .‘vith, another policy to the satisfaction of CITY v,ith. the receipt cif: a certifieate o ['insurance for stkill. policv.. by crry at least ten (10) days prior t() the effective date of the illaterial changes„, cancellation or rion-reneA'al ofl any policy. lit the event that ClTY is not ir, posi.iession, of same by stich date, then CI.P.ii shall. have the right to immediately. secure. a similar insurance policy in its name with the total ecist of the premium and. a11 monies that may. become due during the term of the Co.\,:erant being charged to COVEN.,,ANfOR. and ClI( shall have the .r.1„.!lit., o declare and establish said costs as a hen on the PIT“,,,M)E,RTY of COVE3'sL\N-17017<, crtforced as any lien proviled for under tile statutes of the 1Sltate of Florida,. COVENANTOR aigrecs to increase fromtime to time, as required b:,,...- the City's Code., the 1in:ibis of the comlarehensive liability insurance 1,-)blicy. required to be provided pursuant to this Carenant, Libor" the ',,,vrten request otiCilill'il„ It is expressly understood. and agreed that. this COVENAN717 touches and concerns die PROP1 RifY,. and shall he binding upon COVENANTOR, and also upon grantees, heirs,. siiccessors-insinterest or assigns oil' COVENANT ORS, in)(.1. shall be a etindifion-plied in any conveyance or other instrument affecting the, title to tile aforesaid property or any. port:ill .the re o 17. Any 1,1catle,e, request, demand., approval ()r consent given, or required to be 2,1Ven, under this Covenant hall be in .vriting wand shall be doomed as having been. given when mailed by Lirrited States registered or certified mail (return receipt requested), postage paid,„ .to the other parties at the addresses stated belo‘v („).1 . at the last changed address given .by the party to bo notified as hereinafter specified: LOCATION: 250 SE 3 Street, 276 2 Street & 29.9 SE 3 Street Miami, Honda 33131. .FO1 1OS '4: 01-4206-069-0001; 01-4206-069-0030; 0 1. -4206-069-0010; and. 01,-4206-069-0020 COVENANT(1)R..; CITY: 1?1: .1)evelopment„ Ltd, Attn: Luis :Pulenta 9090 South I:.)aclefLand Boulevard Miami 'Florida 331.56 Vii/iith a Copy To: Edward Marto, Esq, Weiss Serota Hoifiman Cole & Bierman, 11. 2525 Ponce de. Leon Bouleviard, Ste_ 700 Coral. Gables,. Florida 33134 iAttentic'in: l)epartrihent of .Public \Vorks 444 SW, 2nd Avenue, 8'h Floor Fik)ridia 33130. C()VENANTOR h.erein expi[ 'y aeknowledges that granteci by the CITY to construct the INT.PROVEME>EFS on CITY public riht of way is. solely for the limited purposes set forth herein and does 1.10t: con.stihne a lease andthat the rights of the COVIiiiN„ANTOR. hereuncier are not those of a tenant but is. a mere personal privilege to do certain Laois' on CITY public rigilt ofay. (1)) ttie C[TY retailn.s. dominion, possession and control. of the CI17'C public n ht of wai2..i and can in the. event (yldefault0 COVEN/\NTOR unilaterally end the permission. granted herein. to C(,I)V.E.NANTOR, without fauli . or breach or cause whatsoever provided, hoNveven that notice is given to CDVE\LANTOR and COVENANTOR has not cured the eNient (:)1 default within the period of time spectfled herein after receipt. of notice and (c) COV.EN.,1,KTOR. does not andshall not el:atlt...at any time any interest or estate of air\. kind or extent whiiiitsoever in the CITY public rigiht ot oby. virtue of .its .use hereunder or by virtue of any expenditures inctuTed in connection here‘vith. [SIGNATURE PAGE FOLLOW'S 1.„,OCA.T1I)N: 25.0 SF 3 Street, 276 SE 2 Street & 290 SE 3 Street Miami, Florida 33131 4, 01-4206-069-0001; 01-4206-069-0030; 01-4206-069-0010; and 01-4206-069-0020 Signed,. Sealed, Attested And delivered in our presence.: First Witness: „aign„. Prinr KaiFcc Address:. Second INi..fzia.„,/ S n . • rin itia e..),1:5: Kb. • .A.ddress: STATE Of FLORID.A C0LINITY OF MIAN.II-DADE. COVENANTOR: P&G DEVELOPMENT, LTD., a Florida limited partnership, By: P&G, LLC, Florida 'Limited liability company Its: General partner Luis Pulenta its: Managing Member The foreg[..)in..g Iinstrurnent kvas acknowIedged he lore me clay ol April, 2016 rilL.',.r„ta as. M.anaging l',Iernber o 1 .P&G LLC, the General Partner oil P&G Development, Lad. I-1,2 is persona11y .knov,:n rr has produced identiti 01,,, ,rst er 3 LP elp• • 40 : = ; • FT 2 4 0 9 I 4 * . c •:7: • alic ..1 ,V, :. . • , ,,,,.. • . . . . • :' ,,-,'c -c ..,%:;• NOTARY PI 03110S' FATE "0OJ1DA Print Name: f---C-4Thr Cornmis:sion No4( '0"---/-27 4 c) Cottimission Expire.; QL-0 f LOCATION 250 SE 3 Street, 276 SE 2 Street & 299 SE 3 Street MIAML FL 33131 FOLIO 4: 01-4206-069-0001; 01-4206-069-0030; 01-4206-069-0010; and 01-4206-069-0020 CITY OF MIAMI a municipal Corporation of the State of Florida Daniel J. Alfonso, City Manager APPROVED AS TO CONTENT: EhadSuittamaria, P.E., CGC Director\ Department of Public Works APPROVED AS TO INSURANCE REQUIREMENTS: Anne -Marie Sharpe Director of Risk Management APPROVED AS TO FORM AND CORRECTNESS: ) VicOria Mcndez City Attorney LOCATION: 2.50 SIT 3 Street, 276 SE 2 Street & 299 SE 3 Street Nitiami„ Florida 33131 FOLIOS 01 -4206-069-0001 ;, 01-4206-069-0030; 01-4206-069-1,..010; and -4206-00940 EXHIBIT A ',egad Descriptiim All of Block 4, DU PONT PLAZA, according to the plat thereof, as recorded In Plat Book 50, Page 11, the Public Records of Miami -Dade County, Florida; LESS AND EXCEPT FROM THE AFORESAID PROPERTY THE FOLLOWING DESCRIBED PARCEL OF LAND AND AIRSPACE PARCELS (all collectively known as the "West Facade Land Parcel"): Fee Parcel: A portior of Lots 1 and 8, n Bock 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book SO, at Page 11, of the Public Records of Miami -Dade County, Florida, more particularly described as follows: COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with tne northerly projection of the West boundary of said Block 4; therce North 8959'10" East, along the westerly projection of the North boundary of said Bock 4, a distance of 24.99 feet to the POINT OF BEGINNING; thence continue North 89°59'10" East, along the North boundary of said Block 4, a distance of 17.25 feet; thence South 00°C0'00" West, a distance of 34.77 feet; thence North 90°00'00" East, a distance of 8,15 feet; thence South 00°00'00"' West, a distance of 7.73 feet; thence North 9000'00' East, a distance of 2043.feet; thence South 0000'00" West, a distance of 29,17 feet; thence North 90°0000" West, a distance of 28.60 feet; thence South 00°00'00°' West, a distance of 129,23 feet; thence North 90°00'00" West, a distance of 42.22 feet; thence North 00°00'00" East, along the West boundary of said Block 4, a d stance of 175.92 feet to a point of curvature of a circular curve concave to the Southeast, having as its Oements a radius of 25.00 feet and a central angle of 89°59'10; thence Northerly, Northeasterly and Easterly along said curie for an arc distance of 39.26 feet to the POINT OF BEGINNING. Contains an area of 9,249 square feet AND mezzanine Parcel; (Stairs) An Airspace Parcel being a portion of Lot 8, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book SO, at Page 11, of the Public Records of Miami -Dade County, Florida, having as its Lower Boundary, a horizontal plane at elevation 24.00 feet (National Geodetic Vertical Datum of 1929), having as its Upper Boundary, a horizontal plane at elevation 33 93 feet (National Geodetic Vertical Datum of 1929), the perimetrical boundaries of which are more particularly described as follows: LocATtoN: 250 SE 3 Street, 276 SE 2 Street &29'9. SE 3 Street Florida 33131 E"OL1OS 01-4206-069-000 1 ; 01-420(-069-0030; 0 1-4206-069-00 (L and 0 1-4206-069-0()20 COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of said Block 4; thence North 89959'10" East, along the North boundary of said Block 4 and the westerly projection thereof, a distance of 42.24 feet; thence South 00°00100" East, a distance of 5.62 feet to the POINT OF BEGINNING; thence North 9000'00" East, a distance of 12.50 feet; thence South 000000' East, a distance of 8.32 feet; thence North 90°0000" West, a distance of 5.52 feet; thence South 000000' East, a distance of 20,83 feet; thence North 90°0000" West a distance of 5,98 feet; thence North 000000East, a distance of 29.15 feet to the POINT OF BEGlNNING, Contains an area of 250 square feet more or less, AND Level 2 Parcei. Ar Airspace Parcel being a portion of Lots 1 and 8, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page 11, of the Public Records of Miami -Dade County, Florida, having as its Lower Bourdary, a horizontal plane at elevation 33.95 feet (National Geodetic Vertical Datum of 1929), having as its Upper Boundary, a horizontal plane at elevation 47,17 feet (National Geodetic Vertical Datum of 1929), the perimetrical boundaries of which are more particularly descrioed as follows: COMMENCE at the intersection af the westerly projection of the North boundary of said Bock 4 with the northerly projection of the West boundary of said Biock 4; thence North 895910" East, along the North boundary of said Block 4 and the westerly projection teereof, a distarce of 42.24 feet to the POINT OF BEGINN NG; thence continue N 89°5910" East, along the North boundary of said Block 4, a distance of 12.83 feet; thence South C0°00'00" West, a distance of 34.78 feet; thence North 90'0000" East, a distance of 17,50 feet; thence South 00°00'00' West, a distance of 7,75 feet; thence North 90°0000" East, a distance of 5,18 feet; thence South 0000'00" East, a distance of 38.73 feet; thence North 90'0000" West, a distance of 20.83 feet; thence South 0000'00" West, a distance of 78,85 feet; thence North 90°0000" West, a distance of 2.87 feet; thence South 00°00'00" West, a distance of 38,38 feet; thence North 90'00'00N West, a distance of 9.71 feet; thence South 00'0000" West, a distance of 2,44 feet; thence North 90°0000"' West, a distance of 2.12 feet; thence North 0000'00' East, a distance of 129.23 feet; thence North 90'0000" East, a distance of 28.60 feet; thence North 00°00100" East, a distance of 29,17 feet; thence North 9000'00" West, a distance of 20.43 feet; thence North 00°00'00" East, a distance of 7,75 feet; thence North 9000'00" West, a distance of 8.15 feet; thence N 00'00'00" East a distance of 34,77 feet to the POINT OF BEGINNAG, Contains an area of 2,779 square feet more or less. AND Level 3 Parcel: An Airspace Parcel being a portion of Lots 1 and 8, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page 11, of the Public Records of Miami -Dade County, Florida, having as its Lower Boundary, a horizontal plane at elevation 47.17 feet (National Geodetic Vertical Datum of 1929), having as its Upper Boundary, a horizontal plane at elevation 57,51 feet (National LOCATION: 250 SE 3 Street, 276 SE 2 Street & 299 F. 3 Strcct Florida 33131 FOLIOS 4: 01-4206-069-0001; 01-4206-069-0030; 01-4206-0(,9-00.10; and 01-4206-069-0020 Geodetic Vertical Datum of 1929), the perimetrical boundaries of which are more particularly described as follows: COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of said Block 4; thence North 89°59'10' East, along the North boundary of said Block 4 ad the westerly projectior thereof, a distance of 42.24 feet to the POINT OF BEGINNING; Thence continue North 89°5910" East, along tee North boundary of said Block 4, a distance cf 12.83 feet; thence South 0000'00" West, a distance of 28.91 feet; thence North 90°00'00" East, a distance of 17.17 feet; thence South 00°00°C0" West, a distance of 13.61 feet; thence North 90°00'00" East, a distance of 5,51 feet; thence South 00°00°00" West, a distance of 38.73 feet; thence North 90°0000" West, a distance of 16 83 feet; thence South 00°00'00West, a distance of 41.97 feet; thence North 90°00'C0" West, a distance of 10.52 feet; thence South 00°00'00" West, a distance cf 74.69 feet; thence North 90°00'00" West, a distance of 6.06 feet; thence South 00°00'00" West, a distance of 3,01 feet; thence North 90°00'00" West, a distance of 2.12 feet; thence North 00°00'00" East, a distance of 129.23 feet; thence North 90°00'00" East, a distance of 28.60 feet; thence Norte 00°00'00" East, a distance of 29.17 feet; thence North 90°00'00" West, a distance of 20.43 feet; thence North 00°00'00" East, a distance of 7.75 feet; thence North 90°00'00°' West, a distance of 8.13 feet; thence N CO°00'00" E a distance of 34,77 feet to the POINT OF BEGINNING. Contains an area of 2,661 square feet more or less. AND Levels 4-8 Parcel: An Airspace Parcel being a portion of Lots 1 and 8, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page 11, of the Public Recerds of Nliami-Dade County, Florida, having as its Lower Boundary, a horizontal plane at elevation 57.51 feet (Natioral Geodetic Vertical Datem of 1929), having as its Upper Boundaty, a horizontal plane at elevation 109.77 feet (National Geodetic Vertical Datum of 1929), the perimetrical boundaries of which are more particularly described as follows. COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of said Block 4; thence North 89°59"10" East, along tee North boundary of said Block 4 and the westerly projection thereof, a distance of 42.24 feet to the POINT OF BEGINNING; thence continue North 89°59'10" East, along the North boundary of said Block 4, a distance of 12.83 feet; thence South 00°00'00" West, a distance of 28.91 feet; thence North 90°00'00" East, a distance of 17.17 feet; thence South 00°00'00" West, a distance of 13.61 feet; thence North 900000" East, a distance of 5.51 feet; thence South 00°00'00" West, a distance of 38.73 feet; thence North 90'00'00" West, a distance of 27,35 feet; thence South 00'0000" West, a distance of 116,66 feet; thence North 90°00'OO" West, a distance of 6.06 feet; thence South 00°00"OCY' West, a distance of 3.01 feet; thence North 90°00'00" West, a distance of 2,12 feet; thence North 00°00'00' East, a distance of 129.23 feet; thence North 90°0000" East, a distance of 28.60 feet; thence North 00°00'00" East, a distance of 29.17 feet; thence North 90°00'00" West, a distance of 20.43 feet; thence North 0000'00" East, a distance of 7.75 feet; thence North 90°00'004' West, a distance of 8,13 feet; thence N 0000'00' E a distance of 34.77 feet to the POINT OF BEGINNING. Contains an area of 2,219 square feet more or less. LOCATION:. 250 SL 3 Street, 276 SE, 2 Street 1K 299 SF13 Street Ntiarni„ Florida 33131 FOLIOS 01-4206-069-0001 ; 01-4206-069-0030;. 01-4206-069-0010; and 01-4206-069-0020 AND Levels 9 and Up Parcel: An Airspace Parcel consisting of that portion of the following property which lies above a horizontal plane at elevation 109.77 feet (National Geodetic Vertical Datum of 1929): Lots 1 through 8, inclusive, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page 11, of the Public Records of Miami -Dade County, Florida, LESS therefrom the following described parcel: COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of sad Block 4; thence North 8959'1D" East, along the westerly projection of the North boundary of said Block 4, a distance of 24.99 feet to the POINT OF BEGINNING; thence continue North 89°59'10°' East, along the North boundary of said Block 4, a distance of 17.25 feet; thence South 000000' West, a distance of 34.77 feet; thence North 9000'00" East, a distance of 8.15 feet; thence South 00°00'00" West, a distance of 7.75 feet; thence North 90°00'CO" East, a distance of 20.43 feet; thence South 0000'00" West, a distance of 29.17 feet; thence North 90'00'00" 'West, a distance of 28.60 feet; thence South 00°00'00" West, a distance of 129.23 feet; thence North 90°0000" West, a distance of 42,22 feet, tence North 100'00'00" East, along the West boundary of said Block 4, a distance of 175.92 feet to a point of curvature of a circular curve concave to the Southeast, having as Its elements a radius of 26.00 feet and a central angle of 8959'10; thence Northerly, Northeasterly and Easterly along sad curve for an arc distance of 39.26 feet to the POINT OF BEGINNING. Contains ar area of 66,526 square feet rnore or less. TOGETHER WITH THE FOLLOWING DESCRIBED AIRSPACE PARCEL (known as the "Level 9 Airspace Parcel"): An airspace parcel (the "Airspace Parcel") consisting of that portion of the following described property ("the Property") which lies, above a horizontalplane at elevation 109.77 feet (National Geodetic Vertical Datum of 1929), and lies below a horizontal plane at elevation 119.84 feet (National Geodetic Vertical Datum of 1929): "The Property" as referenced above is comprised of: Lots 1 through 8, inclusive, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page 11,, of the Public Records of Miami -Dade County, Florida; LESS AND EXCEPT from the aforesaid Property the following described parcel; A portion of Lots 1 and 8, in Block 4, DU PONT PLAZA, according to the plat thertuf, as recorded in Plat Book 50, at Page II, of the Public Reeords of Miami -Dade County, Florida, more particularly described as follows; COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of said Block 4; thence North 89'59'10" East, along the LOCATION : 250 SE 3 Street, 276 SE 2 Street. & 299 SE 3 Street .Florida 3 3 1.3 1 :FO.1 05 4.: 01-4206-069-0001; 01-420.6-069-0030; 0 1 -4206-069-00 10; and 0 1 -4206-069-0020 westerly projection of the North boundary of said Block 4, a distance of 24,99 feet to the POINT OF BEGLNNING; thence continue North 8959'10" East, along the North boundary of said Block 4, a distance of 17.25 feet; thence South 0000'00" West, a distance of 34.77 feet; thence North 9000'00" East, a distance of 8.15 feet; thence South 0000'00" West, a distance of 7.75 feet; thence North 9000'00" East, a distance of 2043.feet; thence South 000000" West, a distance of 29.17 feet; thence North 90'0000" West, a distance of 28.60 feet; thence South 00°00'00" West, a distance of 129.23 feet; thence North 90°00'00" West, a distance of 42.22 feet; thence North 00°00'00" East, along the West boundary of said Block 4, a distance of 175.92 feet to a point of curvature of a circular curve concave to the Southeast, having as its elements a radius of 25,00 feet and a central angle of 8959'10"; thence Northerly, Northeasterly and Easterly along said curve for an arc distance of 39.26 feet to the POINT OF BEGINNING; ALSO LESS AND EXCEPT from the aforesaid Property the following described parcel: A portion of Lots 1 and 8. in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page 11, of the Public Records of Miarni-Dade County, Florida,, being more particularly described as follows: COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of said Block 4; thence North 8959'10" East, along the North boundary of said Block 4 and the westerly projection thereof, a distance of 42.25 feet to the POINT OF BEGINNING; thence continue North 89°59'10" East, along the North boundary of said Block 4, a distance of 12,83 feet; thence South 0000'00' West, a distance of 28.91 feet; thence North 90°00'00" East, a distance of 17,17 feet; thence South 00'00'00" West, a distance of 13,61 feet; thence North 90°00'00" East, a distance of 5,51 feet; thence South 00°00'00" West, a distance of 38.73 feet; thence North 90°00'00" West, a distance of 27.35 feet; thence South 00°00'00" West, a distance of 1 16.66 feet; thence North 9000'00" West, a distance of 6.06 feet; thence South 00°00'00" West, a distance of 3.01 feet; thence North 9000'00" West, a distance of 2.12 feet; thence North 0000'00" East, a distance of 129,23 feet; thence North 9000'00" East, a distance of 28.60 feet; thence North 0000'00" East, a distance of 29,17 feet; thence North 90'00'00" West, a distance of 20.43 feet; thence North 00'00'00" al5L, a distance of 7.75 feet; thence North 90°00'00" West, a distance of 8.15 feet; thence N 0000'00" E a distance of 34.77 feet to the POINT OF BEGINNING. FURTHER LESS AND EXCEPT from the above described Airspace Parcel, the fo11owng airspace; Ramp Airspace 9-North: An airspace parcel being a portion of Lots 5 through 8, inclusive, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page 11, of the Public Records of Miami - Dade County, Florida. having as its Upper Boundary a horizontal plane at elevation 119.84 feet (National Geodetic Vertical Datum of 1929), having as its lower boundary an inclined plane, the perimetrical boundaries of which are more particularly described as follows: COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of said Block 4; thence North 89°59'10" East, along the North boundary of said Block 4 and the westerly projection thereof, a distance of 102.25 feet; thence South 00°00'00" West, a distance of 41.52 feet to a point having an elevation of 119.84 feet and the POINT OF BEGINNING; thence North 90°00'00" East, a distance of 174.08 feet to a point having an elevation of 109.77 feet; thence South 00°00.00" West. a distance of 60.52 feet to a point having an elevation of 109.77 feet; thence North 90'0000" West, a distance of 174.08 feet to a point having an elevation of 119.84 feet; thence North 00°00'00" East, a distance of 60.52 feet and the POINT OF BEGINNING; LOCATF1ON, 250 SE 3 Street, 276 SE 2 Street & 299 SE 3 Street. Miami, Florida 33131 FOLIOS 01-4206-069-0001; 01-4206-069-0030; 01-4206-069-0010; and 01-4206-069-0020 AND FURTHER LESS AND EXCEPT from above described Airspace Parcel, the follow airspace: g Ramp Airspace 9-South: An airspace parcel being a portion of Lots 1 through 8, inclusive, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page 11, of the Public Records of Miami - Dade County, Florida, having as its Upper Boundary a horii.ontal plane at elevation 119.84 feet (National Geodetic Vertical Datum of 1929), having, as its lower boundary an inclined plane, the perimetrical boundaries of which are more particularly described as follows: COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of said Block 4; thence North 89'59°10" East, along the North boundary of said Block 4 and the westerly projection thereof. a distance of 102.25 feet; thence South 0000'00" West, a distance of 102.04 feet to a point having an elevation of 109.77 feet and the POINT OF BEGINNING; thence North 90°00'00" East, a distance of 174.08 feet to a point having an elevation of 119,84 feet: South 0000'00" West, a distance of 61.33 feet to a point having art elevation of 119.84 feet; thence North 9000'00" West, a distance of 174.08 feet to a point having an elevation of 109.77 feet; thence thence North 00'1000'00" East, a distance of 61.33 feet to a point having an elevation of 119.84 feet; and the POINT OF BEGINNING. SPACE INTENTION.,,U,LN LOCATION: 250 SE 3 Street, 276 SE 2 Street & 299 :"..E 3 Street Miami, Florida 33131 FOLIOS *: 01-4206-069-0001; 0E-4206-069-0030; 01-42.06-069-0010; and 01-4206-069-0020 EXIII131717B Description of Non -Standard Inipro enients Sidewalk pavers; 2. Landscaping, including but not limited to grass, planters, and irrigation, 3 Stn.—et 1i2.htin; and 4 1Decorative linting and ornamental light lixtures LOCATION; 250 SE 3 Street, 276 SE 2 Street & 299 SE 3 Street Miami, Florida 33131 FOLIOS #: 01-4206-069-0001; 01-4206-069-0030, 01-4206-069-0010; and 01-4206-069-0020 EXHIBIT C FDOT Maintenance Memorandum of Agreement FLORIDA DEPARTMENT OF TRANSPORTATION PATTERNPAVEMENT CROSSWALKS, SPECIALTY SURFACES, ROADWAY LIGHTING, LANDSCAPE AND DECORATIVE LIGHTING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI This AGREEMENT, entered into cn , 20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of :he State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. RECITAIS: The DEPARTMENT has jurisdiction over State Road (S.R.) 5/US-1/US 41/SE 2nd Street from SE 3rd Avenue to SE 2nd Avenue, and S.R. 5/ US- 1/US 41/SE 2nd Avenue from SE 2nd Street to SE 3rd Street, which is located within the limits of the CITY; and The CITY, pursuant to Construction Agreements # 2015 L 690 13, 2015 L 690 14, and any other future Agreement or Permit, has drafted design tians for beautification improvements on S.R. 5/US-1/US 41/SE 2nd Street from SE 3'-'d Avenue (M.P 0.058) to SE 2nd Avenue (M.P 0.166), and S,R. 5/ US-1/US 41/SE 2'd Avenue from SE 2nd Street (M.P 0.166) to SE 3rd Street (M.P 0.226) , the limits of which are described in the attached Exhibit 'A' (the PROJECT LIMITS) , which by reference shall become a part of this AGREEMENT7 and The CITY will install pattern pavement crosswalks, specialty surfaces and. its concrete border, roadway lighting, decorative lighting and landscaping within the PROJECT LIMTIS in accordance. with the design olans for Construction Agreement # 2015 D 690 13, # 2015 1 690 14 and any other future Agreement cr Permit (the '"Project"); and D. The PARTIES to this AGREEMENT mutually recognisethe need for entering into an agreement designating and setting forth the responsibilities of each party with regards to the maintenance of the battern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping installed pursuant to the Project; and E. The CITY, by Resolution No. , dated , attached hereto as Exhibit '3', which by reference shall become a bart of this ?lintetlane Nleinorandum of AgrQtyr,nt beiwetn Florida D,epartmerit orri.attiiporiation and City 'al Miata i Page 1 of 15 AGREEMENT, desires to enter into this AGPEENT an— authorizes lts officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true. and correct., and are incorporated herein by reference and made a part hereof, 2. DEPARTMENT RESPONSIBILITIES The PARTIES agreethat the execution of this AGREEMENT shall constitute an assignment of all rail responsibilities pertaining. to the: pattern pavement crosswalks, specialtysurfabes and its concrete border, roadway lighting, decorative lighting and landscaping within the PROJECT LIMITS to the CITY in. perpetuity upon. the: DEPARTMNT's release of its contractor from further warranty. work and resoonsibilityr 3. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the patternpavement crosswalks, specialty surfaces and its concreteborder, roadty.. lighting, decorative lighting and landscaping in accordance with all applicable DEPARTMENT guidelines, standards, and. procedures, which shall include but shall not be limited. to the Maintenance Rating Program. Eandbock as maybe amended fromtime to time, the. Project Specifications and. Special Provisions, Project Pi guidelines, activities, specialty decorative standards, time, and maintenance. and in. accordance with the standards set forth. in the ans. Additionall When the DEPARTMENT does not have standards, and procedures related to certain ±nenance the CITY shall maintain the pattern pavement crosswalks, surfaces and its concrete border, roadway lighting, lighting and landscaping in. accordance with. Federal guidelines, and procedures, as may be amended. from time to in accordancewith all Manufacturer's and Vendor's recommendations. The. CITY shall ensure that any Ai;E=nns d ar'Zciet mjihdel'eD=R=NTS777safeyitghuiZinese."sTh:CITf: maintenance obligations shall include but not be limited. to: 3. 1 General: M.aintmarweMeiwoanduAgeemtqtbtqweeaFluridaDwtantafTransportmkmvdC4of",%am Page 2 of 15 a. Removing and disposirg. of littem from roadside: and. median strips in accordance withall applicable. government ruaes, regulations, policies, procedures, guidelines, and manuals, as amended from time to time, b. Maintaining a servicelog of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed, c. Submitting. Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in. the. DEPARTMENT'S right-cf-way. Lane closure recuests shall besubmi'ted thmongh the. District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordande with the District Six Lane Closure Policy, as may be amendedfrom time to time, 3.2 Pattern Pavement Crosswalks: a. Within. sixty (60'; days of r:..jeot acceptance by the DEPARTMENT, all lanes of each. patterned crosswalk shall be evaluatedfor surface friction, The friction test shall be conducted Using 'them a looked wheel tester inaccordance with FM 5-592 (Florida Test. Method for. Friction MeasuringProtocol for. Patterned Pavements) or. a Dynamic Frction. Tester in accordance with ASTM E91. FM5-592 canhe accessed at the following link: :cpcipu//materials:dct.tate..51„us/smce/adminstration/mesources/li rYipublications/fstmiMeehads/fm5-592„pdf Theinitial friction. resjstanne. shall be at least 35 obtained at 40 mph with a ribbed. tire test (F744R) or equivalent, Failure to achieve: thic; minimum resistance shall require all deficient crosswalk areas to he removed to theirfull extent (lane -by - lane) and replaced with the same product installed initially. If the DEPARTMENT.' determines that more. than 50% of the: lanes in the intersection require replacement, the entire intersection. installation may be reconstructed. with. a different product or the Qualified Products Dist (QPD) cr replaced with conventional pavement. c, Approximately one (1) year after project acceptance and every two (2) years thereafter and for the life: of theadjacent pavement, only the outside traffic lane. areas of eachpatterned crosswalk shall be tested forfriction resistance in accordance. ai lite:11 C.' eN4 trMir a n LAI f g 01:3 "I'Vf 1.NTITITTIT of 17(.alls prim n andC 'ay ot7Nflat'L Pkge.30n5 with ASTM E274 or ASTM E191.1. Friction resistance shall, a: a minimum, have a FN4OR value of 35 (or equivalent). d. The results cf all friction tests shall be sent to the District's Warranty Coordinator with a cover letter either certifying that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. e. Fa 're to achieve the minimum resistance shall require all lanesof the crosswalkto be friction. tested to determine the extent of the deficiency, A1i deficient areas shall be removed to their full extent (lane -by -lane)- and replaced with the same product installed. initially. 7.F. the DEPARTMENT determines that more than 50'5 of the lanes in the intersection reofFerement, the reconstructed with entfre intersection installation a different product on the PL or with conventional pavement. require may be replaced When remedial action is required in accordance with the above requirements, the CITY shall ccmolete all necessary repairs at its own expense within ninety (90) days of the date when the deficiency was identified. Nomore than two 2) full depth Patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1 minimum depth. The. DEPARTMENT will not be responsible for replacing the treatment following any construction activities in the vicinity of the treatment. Should the CITY fail to satisfactorily perform any recuired remedial work in accordance with this AGREENENT, the DEPARTMENT reserves the right to replace the patterned pavement with conventional pavement (matching tre adjacent pavement) and bill the CITY for this cost. 3.3 Specialty Surfaces The CITY shall inspect, manage and perform maintenance and repairs of all planters, pavers, specialty surfaces, concrete segments bordering all pavers and specialty surfaces located within the PROJECT LIMITS. The CITY's responsibilities and maintenance obligations hereunder snail include, but not be limited to: a. erformng routine and regular inspections of the pavers and specialty surfaces sidewalks surface to ensure that the surface rT11t Page 4 of 15 c ADA iant; identifying damage and/or malfunctions in the pavers and specialty sidewalks surfaces; and repairing and/or replacing damaged areas to ensure surfaces are maintained and that they do not pose safety hazards for the public. c. Conducting annual condition surveys of the specialty surfaces for gaps, settlement, drop-offs, rutting, raveling, not holes, delamination, cracking and other deficiencies described in this AGREEMENT. d. Sweep, the. sidewalk pavers and. specialty. surface crosswalks periodically to keep them. free of debris and to maintain ao. aestheticalli. pleasing. condition. A. light pressure washing. may. be necessary for heavy stain. removal orcleaning.. e. Remove and properly dispose of litter from planters, sidewalk pavers and specialty surfaces. or any routine repairs or replacement due to. noticeable, color scarring or surface deteriOration of the sidewalk pavers and scecialtv surfaces, the productauthorized installer should be contacted. gh Ensuring that gaps within. thepavers and specialty' sidewalks surfaces shall not exceed a. cuarter (1/4) of an inch_ Dnfferential settlement within the concrete/finishsumfacas shall not exceeda cuarter (1/4) of an inch in. depth_ h., Undertaking the maintenance and repair (when needed) of proposed detectable warning surface as specifiedin tho Project and the latest STANDARD SPFCIFICAONS FOR ROAD AND BRIDGE, CONSTRUCTION and in accordance with all applicable. DEPARTMENT guidelines, standards, and all applicable. ,ALA requirements, as amended from time to time. When remedial action is required in accordance with the above requirements, the CITY' at its own expense shall complete all necessary repairs within ninety (90) days of the date the deficiency is identified. Xointainlnc a service to of all maintenance.. operations that sets forth the date of the maintenance activity, the. locatiorx. that was maintained, and the work that was performed_ Makte.nalwt. Memintiw1),,,)f Ag;retnitrIt bemttn 'A)(Ida Utpannlen ofl'iampomluon. Ind Cny Miami Th.l.p5a15 3.4 Roadway Lighting: The CITY shall be reseonsible at. no cost to the DEPRTMENT for the ,,. • maintenance of all the Roadway. Lighting System within the project. lfmits, The CTTY shall be responsible for. performing. the work described below: a. The parties herein agree thatthe lighting system includes: light poles, attached signs, light fixtures, luminaire, foundations, pull -boxes, conductors, conduits, load centers, and all wiring fromthe tie-in. (service point) location with the nower company to theload center and from theload center to the components that make up the lighting system, b. The rITY shall maintain. the enrire Righting systems at a minimum of 95% operational at all ties. The CITY assumes responsibility for the, cost of electricity, maintenance and repairs to the entire lighting systems, d, The CITY is responsible fortheremoval, disposal and. replacement of knockedown light toles and light poles foundation. ceased by traffic accidents 4o), a. manner that will protect the general public, Th CITY shall replace stolen wire and any other component of the lighting system, affected by theft and vandalism, The existing eTecerra1. pane,) andcircuHt wires shall be maintained by. the CITY, The. CITY shall conduct the lighting system work. n. a matneas Ls ensure the least practical interference with the roadway pedestrian_ The CITY shall perform all work in. accordance, with the latest laws of the State of Florida, applicable municipal ordinances, regulations and requirements of the Public Services Commission, the current. standard, of the National Electric Code, the latest edition. of the Department of Transportation Standard Specifications for Road Bridge Construction, and the latest. edition of the Manual en Uniform Traffic Control Devices for. Streets and Highways (MUTCD) and amendments thereto, In the eyent that the lightingsystemis damaged, due to construction by the DEPARTMENT, or any third party permitted by the DEPARTMENT, the lightingsystem shall be restored promptly ner PageAh 1 to its original condition by the DEPARTMENT or the third responsible partyat no cost tc the CITY, The CITY shall not be liable for any damages( claims, losses or actions arising out of suchdamages, 1. It is understoodbetween. the par. ies hereto that the Electric. System covered by. this AGREEMENTmay be removed, relocated or adjusted at any time in the future as found necessary by. the DEPARTMENT in order that the. adjacert. state road be widened, altered or otherwise changed and maintained to meet. with future criteria. or planning. of the. DEPARTMENT. 3,5 Landscaping and Decorative Lighting: a. The shall maintain. the landscape in accordance with the 7niernaticnal Society of Arboriculture standards, guidelines, and procedures, as may be amended. fromtime to time. b. Mowingu outtirr or trimming and edging. the grass and.t..uf, c, Prundng all plant materials, whichinclude trees, shrubs ani. groundrovers, and parts thsreof. d. Removing and properly disposing of dead., diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in. the Project Plans ard. in the Project Specifications, incorporatedherein by reference, and. all applicable DEPARTMENT guidelines, standards and Procedures, as may. be amended from time to time. All replacement materials shall be in. accordance with the Project Plans and.. the Project Spec.fications and Special Provisions, Mulching all plant beds and tree rings, i. Removing. and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant. Maerials. g. Wateringand. fertilizing all olants as needed tomaintain the plant materials in a healthyand vigorous growing condition. h. Paving all water use andall costs associated. thereith_ Removing and disposing of all trimmings, roots, branches, litter, and.. anyother debris resulting from the activities described by. 3,a. through. 3.hi 5AninzEl=ce1v1ernmmlumoCATreerlmAkm-eenmormap(T=TierthZinun.spcgvatienard(150f1vftarn1 Page 7 of 1.5 Performing routine and regular inspection of the decorative lighting performance to ensure. that the systems' arefully. functional; identifyir g. damage an/or malfunctions; repairing. or replacing broken or missing lighting. equipment; and adjusting light throw to eliminate, interference: with visibility of motoring public. The: DEPARTMENT. may, at its sole discretion, pert•rm periodic inspectiori. of. the pattern pavement crosswalks, specialty surfaces and. its concrete border, roadway lighting, decorativelighting and landscaping to ensure that the. CITY is performing its duties pursuant to this AGREEMENT, The Department shall share with the CITY its inspectionfindings, and may use those findings as thebasis of its decisions regardingmaintenance deficiencies, as set forth in Section. 4 of this ACREENENI The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, addmanuals, and. the Project Specification. and. Social Provisions, a may be amended frbm time to time. 4. MAINTENANCE DEFICIENCIES Tifatj'"".' time lt sha1.. come to tho ettestom of the DEPARTMENTthat the CITY responsibilities as establishedherein arenot being. bmocerly accomplished. pursuant to the terms of this AGREEMENT, the DEPARTMENT' may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the. CITY of themaintenance deficiencies. Fromthe date of receipt c the, notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in. accordance with Section 5 of this AGREEMENT, If aiddeficiencies are not corrected within. this time. period, the. DEPARTMENT may, at. its option, proceedas follow : a, Maintain the pattern pavement crosswalks, specialty surfaces and its concrete border, roadwaylightino, decorative lighting and landscaping, or a part thereof and invoice the CITY forexpenses incurred; or. b. Terminate this AGREEMENT in accordance with Section 7, remove aay or all the pattern pavement crosswalks, pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal, \drill-at:nem:re Merriorendttro D Aigreertniiin between Florida. Elea artfl12:111.Cqrca.n.;7ticration and City or Page 8 of 15 5. NOTICES All notices, reque ts, demands, consents, approvals, and other communication which are reauired to be served or given hereunder, shali be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receve such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5600 A.ttn: District Maintenance En neer To the CITY: City of Miami 444 S.W. 2nd, Ave. 10 Floor Miami, FL 33130 Attention: City Manager Notices shall. be deemed to have been received by the end of five (5) business days from the orooer sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE PATTERN PA.VEIENT CROSSWALKS, SPECIALTY SURFACES AND ITS CONCRETE BORDER, ROADWAY LIGHTING, DECORATIVE LIGHTING AND LANDSCAPING 5. The PARTIES agree that the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landstaPing addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the. DEPARTNENT's sole discretion. In the event that. the DEPARTMENT relocates or adjusts the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping. the CITY's maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the PROJECT LIMITS, 7. TERMINATION This AGREEMENT is subjeot. to termination under any one of the following conditions: a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. Nlanname Nienlmabdum ryf A lbeemenr bemeen Fcrda ikpar.meo1JsC Transpwtatron md City of Miami Page 9 of 1.5 b. In accordance with Section 287.059(1)(c), Florida Statutes, the DEPARTMENTshall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, ,or other matals made or received by the CITY hertinent to this AGREEMENT which are subject tc provisions of Chapter 119, of the Florida Statutes. c If mutually agreed to byboth parties, upon thirty (30) days advance notice. An agreement to terminate shall be. valid only if had in writino andexecuted with the same formalities as this. AGREEMENT. 8 . TERMS 0. The effective date of this AGREEMENT' shall commence upon execution by the PARTIES. This AGREEMENT shall continue in per,cetuity or until terninatron as set forth. in Section 7. The: CITY / Contractors or Vendors shall: Utilize the U.S, Department of Homeland Security's E- Verify systemto verify the employment eligibility of all new. employees hired by the Vendor/Contractor during the term of the contract; and ii. Expressly require any subcontractora performing wor or providing services pursuant to the statecontrast to likewiseutilize, the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontraftnrduring the contrast term, (Executive Order Number 2011-02) The CITY shall insert the above clause into any. contract entered. intobv the CITY with vendors or contractors hired by the CITY for 'our'ooses of forming its duties u.nder this AGREEMENT. c. This writing embodies the entire AGREEMENT and understanding between. the PARTIES hereto and. there are no other agreements and understanding, oral or written, with reference to thesubject matterhereof that are not. merged herein and superseded hereby. d. This AGREEMENT shall not be transferredor assigned, in whole or. Agrt,trntill belmtvl Fl ida Depum'itof-Trut)rtarjcrui 0 of Miami Ra$2e. 1 OnH'5, in part, without, the prior written ccnsent. of the DEPARTNT. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida, Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. f Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Lean County, Florida.:. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. i. The tion headings contained in this AGREEMENT' are for reference purposes only and shall not affect the meaning or interpretation hereof. No term or provision of this AGREEMENT shall be in- _breted for ar against either Party because the Party or its legal representative drafted the provision. k. The DEPARTMENT is a state agency, self -insured and subject to the provisions of Section 7E8.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT's sovereign immunity protections, or as increasing the iimis of liability as set forth in Section 768.28, Florida Statutes. 9 INDEMNIFICATION Subj ect. to Section 7E8.28, Florida Statutes, as may be •amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorney's tees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising cut of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by —the CITY, its officers, agents, employees or representatives in any way pertaining to this AGREEMENT, whether direct or indirect, except that neither Nlairicorurce NI,emorar,dum of AgNzt-nror bz.rweed Florida Depar[rnen of Transportation and Cry of 'Miami Page 11 of 15 the: CITYnor any of itsofficers, agents, employees or representatives will he liable under this provision for damages arising out of injtry. or damages directly caused. or resulting from tLe sole negligence of the DEPARTMENT. The CITY's obligation to indemnify, defend and pay.. for the defense of the DEPARTMENT., or at the DEPARTMENT's option, to participate and. associate with the DEPARTMENT inthe, defense and trial of any' claim and any related settlement negotiations, shall be triggered immediatelyupon the CITY's receipt of the DEPARTMENT's notice of claim for indemnification_ The notice of claim for indemnification. shall be deemed. received if the DEPARTMENT sends the notice in accordance with the formal notice mailing reqdirements set forth in Section 5 of this AGREEMENT The DEPARTMENT's failure tonotify. the CITY' of a. claim shall not release the CITY of the alicye duty defend and indemnify the DEPARTMENT. The CITY shall pay all costs and fees related to this Vbligation and its enforcement by the. DEPARTMENT The indemnificationprovisions of this section shall survive termination or expirationof this AGREEMENT, tut only withrespect to those claims that arose from acts or circumstances which occurred Prior to. termination or. expiration. of this AGREEMENT, Tha CITY's evaluation of liability cr its inability toevaluate. liabiirty' shall. not excuse the CITY's duty to defend and indemnify the DEPARTMENT underthe provisions of this section_ Only an adjudication. crjudgment, afterthe. highest appeal is exhausted, specifically finding the DEPARTMENT was solely negligent shall excuse performance of this provision by the CITY, ---------REYTNEEE OF PAGE INTENTIONALLY IN' WITNESS WHEREOF, the parties hereto havecaused these presents to be executed. the day andyear first above written. CITY OF MIAMI: STATE OF FLORIDA Mamtenemee lali(d.um. Dr Agreement between bbrala Department itTransparbman and Cady of Miami NI.gelEon.5 DEPARTMENT OF TRANSPORTATION: BY: BY: CITY Mayor ATTEST: District Director of Transportation Operations (SEAL) ATTEST: CITv Cierk Executive Secretary LEGAL REVIEW: BY: BY: CITY Attorney District Chief Counsel EXHIBIT 'A' PROJECT LIMITS Blow are the: limits of the pattern pavement crosswalks, pavers, specialty MainLenalce Memorandum of Agreement between Pio rida Department oCTraasportat ion and Lir: of Nliarm Page 13 of 15 surfaces, decorative lighting ard. landscape. to be maintained under this AGREEMENT. State Road Number: Agreement Limits: SE 2 r'd Street from SE 3rd Avenue (M.,P 0.08S) to SE 2"6 Avenue (M,P 0.166), and SE 2'd Avenue from SE 2 nd Street (M,P 0,166) to SE 3rd Street (M.P 0.226), County: Miami -Dade Madttenance Memorandum of Art und Uetwden. 'Florida Department of Transportation and Cit:!.r' of .!'vkarrii Page 14 0115 EXHIBIT 'B1 CITY RESOLUTION To be herein incorporc once ratified by. the City of Miami. Board. cf. Commizsioners. Mair,Iertance oc. A grt,emora Flaricia Dtpartraent afl"..rarsporati,on and City of Page 1.5 of 15 LOCATION: 201 SE 2Nu AVENUE ,".\11ANII, FL 331.21-2106 FOLIO #: 01-0114-030-1270 Prepared by and return recorded copy to: City of Public Works Department Attention: Director, Eduardo (Ed) Santamana, P.E CGO 444 SW 2 Avenue, 8 Fool - Miami, FL .33130-1910 COVENANT RITNNING WITH THE LAM) ("COVENANT") TILLS COVEN.,„V.ff made and entered into this /9 day.'. of 20 /6., by and. betw.e.en SE 2ND AVE APARTNIENTS INVESTORS LLC, A DEI....AWAI LIIMITE.D LIABILITY COMPANY,. (hereinafter called. COVENANTOR) arid the CITY OF NIIAME FLORIDA,. a .triunicipal comoration of the State of Florida, 1iaid in N1iami-1.)ade Count, hereinafter called CITY; and WHEREAS, COVENANTOR is the .17,ee OWNER of: See attached Exhibit; "A" containing .a kd description of the property (hereinafter called. PROPE..R.TY); and WHERES, COVEN2\NTOR. has requested perrnisson. from. CITY to construct and. maintain nonstandard improvements described in EAhibit "B" (hereinafter collectively called ”EMPROVENTEN'IS") within the publie ri.,:.11.1.-of-way on SL 2'1) AVENUE AND SE 2m) STREET, adjacent. to 'PROPERTY; and WHEREAS, CITY has in turn. requested. permission from fllh STATE OF FLORIDA 1)E.P.A.RlFM.ENT OF TR,A.NSPORTATION (hereinafter called "MOT") to maintain those portions of the IMPROVEMENTS constructed by COVENANTOR along. SE IND AVENUE AND SE 2'" STREET adjacent to the PROPERTY, which are. under .the rnainenance jurisdiction. of F.DOT; and. I.,0CATION: 201 SE 2ND AVENUE FL, 33131-2106 VTIEREAS, CITY has 1.-e1uired the COVENANTOR to execute tnJdeliver to CITA' this instrument as a condition. precedent to the grautin.d. ot said perniission to consulict zind maintain the IMPROVENIENTS, and as a colidition precedent to th.e acceptance of said inaintenance responsibilities !Frain .FDOT; and. N(IYCV. THEREFORE, in. cons ftleration of the permissi( t CTLY10 alh....yw the constrw„dion and i.-rtair.tterinnce of the INIPROVENTE.'.,ITS within. the decd.cated. public :Hight ‘vay C(1YVEI.sIANTOR an..dir the (.:ft.trt11.er con.sideration of the prenlises, COVEN„...V,STOR. does herob:,,/ or en and adree with CITY tlftat COVENANTOR. shall, at no cost to the. CITY, renlove the a.forementioned INIPR.OVENTENTS wheneyer requested k. and tipo.n.. th.irty (30) days \vritten. notice. .fro.nl. ho Il)ireetor of the 'Department of Public .V:orIcs of CrITY„ In. the event .that successors„ or assidns fails to remove .the \vhenso requested, the Director of the Department o Publio \Yorks of sh.all cause the aforementioned. INIP1“.2.)VE.N.FENTS to be removedat. the expense of COVE",ShANTFOR; the an-lour:A of such rerno,/al cost. shall be dec.1 tred. an.d. established. as a lien on. th.e property o0 such clefatilting COVEN.A.ISTOR. and enforced as an.y lien of rnaterialsurnLhcJ and 1.,vorik ari.d. labor done provided under the Statutes of the State of Idorida„ the applicable Codes of the City. and th.e County., ,and the COVENANTOR voltintarily, knov,ingly and .freely coverhants and agrees that all recouts;e. or eanse(s) of action against the CITY is hereby expressly vcaived as to an3., darhade caused, direct, indirect, s.pecial, consequentialor otherwise„ to any portion, in cir hi part, of the remainder of COVEN.2\NTORf s improvennents, resultinzfioni the removal of the aforesaid 1....NIPRC,..)VENI.E"NTS horn said public -Right -of-Way, tltltltltltl82g.,tltl2,2tl 1,....,OCATION: 201. SE 2ND AVENUE FIL„ 3 3 13 I-21 06 COVENANTOR. shall provide ntainteniiince of the INIPIZ,OVENIIIIINTS,niacconlance with. the Cif Y's standards and specifica.tions, ln addition, CO"VIENs\„IIIIOR. agrees to accept and assunie all obligations and respornibilities being, assigned. to ClIFY in that certain .FDOT NIENIC/RNDISTNII OF (hertinafir called "NINIOA")„ a copy of 'i is aEtached as 'Exhibit "C.." In doing so. COVENs\lb,ITIOR accepts, and assumes all obligtItions and responsibilities pertaining to the 1..,mp0(TyvEN1E1,,,,-1s .vvithi.n applicable portions 0.7 the, PROJECT as is de:titled by FIDOT 0 the attached..NlIvilllA cllereinalIter called 11)ar pRoJEcT Purstia:i: to the NIMOA„., COVIEINANTOR shall niaingain the panern pavement crossvotIlks, specialty surfaces and its concrete border, roadvvay lightin.g„ decorative lighting and. landscaping in accordance. \villa all applicable FIDO'T guidcl n. standards, and procedures, whit:ill shall inCILIC12 bat Shall nOt be linnted to the Nlaintenance 'Rating Prognign. Idgialdbooli. tray be amended from time L tini.. the Project Specifications anti Specfill Provisions, and in. accordance .withothe standards set. forth in tile Project Plans. Additionally, .when FDC) 1 does not ha.v..C' guidelines, standards, and procediiires related to certain niaintenance activities, (X)VE.NANTOR shall maintain the pltteim pavenlent cross\valks, speicialty surfaces and its concrete border:, roadway. lighting, decorative lighting and landscaping in accordance with standar,ds„. giiid.elines, and prcicedures, as maY be an frkr.yin tiw to tittle, and. in aCCOrdanCe wiih all NIlianufacturer's and Vendor's maintenance recommendations„ (17(1)VEN2.\NT"OR. .sh..a1.1 ensure .that any itnprovenlerns and rnodi..ficaticti.s compPy• \vith th tcrnis of the .11.M0A. and meet FI)...)17's safety guidelines. 137S3931:12j 3 Ii,OCATION: 2.01 SE 2ii)Sll.) AVENUE i\TIAIVII„ Ft 33131-2106 Pursuant to the NI COVENANT(DR's inaintenance obligations shall include but not he limited to: General: a) Riernoving anddisposing of titter .from roadsido arid median strips, in. iaccordance with all applicable government rules, regulations,. p„olicies, procedures, guidellines, arid .manuals as arnended frorn time t time. ID) Maintaining a service log o: all maintenance operations that sets frrh the date of) the maintenance activity, the location that was maintained, and the \vork that \vas performed. Submittin.g Lane Closure Requests to EDOT \\'heri maintenance activitieswIll require the closure of a traffic lane in .E)1)0I's itight-of-way. Lane closure requests shall be submitted thirough the District Six Lane Closure Information System, to the FDOT area .Permit Nfanager and in ,accordance with the District Six. Lane Closure Policy, as allot be. amended from time to titre, Pi -ern Pavement Crosswalks: a) \‘'ithin sixty (60) days of project acceptance by the ['DOT all lanes of each patterned crosswalk shall be evaluated lair surface ,friction. Trhe friction test shall be conducted .using either a lock:ed. \\11.eel. .tester in accordance with. FM 5-592 (Florida Test .Nlethod for Friction Nleasuring Protocol for Patterned Pavements) or a '11).ynamic :Friction Tester in accordance \vith iks-r).\,..[ 1 1 911. .FM5-592 can be accessed at the .folloviting hitpit,tribiaterials.dotistate.......:..s/molacilnainistra.tionfresourceslibrarv/publicationsilfs b) The initial friction resistance shall be at least 35 obtained at 40 triph, with a ribbed tire test (17N4OR) or equivalent. Failure to achieve this minimum resistance shall require all deficient ct oss\valk. areas to be removed .to their full extent (lanc-by- lane), and replaced with the sarnei product .1n.stailileci FIDCYF determines that rriore thin (i)1 the lanes in the Mtersection require 'replacentient, the entire intersection installation may be reconstructed. .with a different ptiodiiet on the cf)inalified Products 'List (Q)Pli.) or replaced 'with. conventional paventent. c) Approximately one (i) year alter project acceptance and every two (2) years thereafter trail for the life of the adjacent pavement, only the outside .traffic lane areas of ea.chpatterned crosswalk shall be tested for friction resistance i.n. accordance with ASTM .E274 or AST:1\,1 'El 911_ Friction resistance shall, at a „ 3 78 39;11 2,2 4 LO('A 201 SE 2ND NITANII, 1;1 33131. -2106 thininfum.„ have a value. 0.135 equivalent). d) The results of all friction tests s.hall be sent to the l)iistrictls Warranty Coordinator with a cover letter either cent fyin.g. that .the crosswalks comply with the Illinial11.111 frictioncriteria, or stating what remedial action. will be taken to restore the friction_ Failure to achieve the minimum resistance shall require all lanes of th.e crosswalk to be :friction tested to determine the extentof the .deficieney. All deficient areas shall be fen -loved to their full extent tiane-bv-lance) and replaced with the same product installed. initially. If :FDOT cleterrnines that more than50 of the limes in. the intersection require .replacernent, tile entire intersection instrillation may be reconstructed. %vitt.), a different product on .the or. replaced .i.vith conventional paventient, \Vhen reineclial action is requited in accordance with the above requirements, COVENANTOR. shall conviete all necessary repairs, at its own expense ‘sillthin ninety (90) days of the date when the de.lidiency wias identified, No more than t....\Yo (2) tu1 depth patterned pavernem repairs shall. btade to an area ithou first resurfacing the untlerit:,:ing pavement to 1." mininnum depth_ FDOT1 not be resit :for replaci:ng the treatment f011owing any construction activities n the vicinity of the treautnent„ Ft) Should (li)V-EiNi\NTOR. fail to satisfactorily perform'. anyt required remedial vr.ork. in accordance with thc reserves the right to replace the patterned pavement with conventional pavement (matching the adjacent pavement) and bill ClC„)VENilALNTiOR. 'for this cost, Special Surfaces: CO-VEN,ANTOR shall inspect, rnatnage and.. perform maintenance and repairs cif all planters, pavers. specialty surfaces, concrete segmems borciering all paverit. and specialty surfaces located \vithin the 1 D0717 PR(il.)„JiECT VENANTOR respohsibilities and. nthintenanee obligations 1.-icret..inder shall include,. but twit he tinunited to: Perfornling routine r.utict regular inspections of the pavers andspecialty surfaces side‘valkssurface to ensure that the surface is ADA con -Thant; b) Identif],ing dam.age and/or. malfunctions in the .pavers and specialty sidewalks surfaces; and :repairing. andlor replacing damagedareas to ensure su.rfaces are maintained and that they do not :pose safety hazards for the public, C OTICI Lie t lig. ual condition Surveys of the specialty surfaces for gaps, ',3:7g391'1 2,2'1 .1.,OCATIC/N: 201 SE 2ND AVENUE iVILANTI, FL 33131.-2106 settlement, drop-offs, ruttiti, raveling, pot holes, delamination, crack -Mu and other deficiencies described in the Sweep the sidewalk pavers and .specialty surface crosswalks periodically to keep them free of debris zurid to maintain an aesithetically pleasing condition. A light priiiissure washiing may be necessary for heavy stain removal or cleaninct. Remove arid .properly dis.pose of litter from platilers„ sidewal1. pavers and specialty sur faces. for any routine repairs or replacerritent due to noticeable color scarringor surface deterioration of the sitictwalk. pavers mid specialty surfaces, the product authorized instriller should be cointacteck Ensuring that gaps within the pavers and speclalty sidewaliks surfaces shall not exceed a. quarter 0/4) of an inch. [Differential settlenttent within the concrete/finish surfaces shall not ced a cluarter (1/4) of an inch in. depth, Undertaking the rnainte.nance ruid repair (when. heeded) of proposed detectable \Yarning surface as specified in tile Project and the latest St uidard Specifications For Road And Bridge Construction and in accordance withall applicable .FDOTti guidelines, standurds, and all applicable requirements., as amended. from titne to finite. When remedial action is required in accordance \Aith the above requirements. COVENiNiNTIOR at its own expense shall complete all neee.ssary repairs within ninety (90) days of the date the. deficiency is identified. lNitaintaininu a serviee log of all maintenance operations that. sets Ilicnitle the date of the maintenance activity„ the [octation that \vas maintained„ and. the \\aid:: that was performed.. Roadw ay iighting: Cti.P/EN'ANTOR shall he responsible .atno cost .to Elit) [ ti 1 ho tnainteriance of all the Roadway Lighting Systemwithin the project lirnits. COVENAI'srFOR. shall lie responible for perfOrtning the work described below: The parties, herein ag.ree that the lighting system includes: ligh.t poles, attached signs,. Hight .fixtures, littniirtaire, foundations,pull-boxes, conductors, conduits, loa(1. centers, and all .wiritig from. .the Pe -in (service point) location with the power company to the lioad center and fibril the load. center tothe: ccanponents that make tip the ligh.ting system". Wit, 2 71 6 1..,OCA-1:1(„) 201 Si 2N1) AVENUE 1-71, 33131-210( b) COVENANTOR shall maintain the entire lighting systems at a inininium of 95'ii4 operational at all times, COVENANTOR assumes responsibility tier the cost of electricity., maintenance and repairs to the entire Lighting. systems. COVENANTOR is respont:i:iihie ,for the remov;a1„ disposal and replacement of knocksdhi„vn light poles and light poles fOundation. cfnised .by traffic accidents in a manner film will protect. the general public. e.) COVENi\INTOR shall replace stolen wire and any' other component of the htinsystinui. affected by theft and. ivandalistn. The existintg electrical panel anci can -aunt wines shall be maintained lifiiOVEN...kNFOR. shall conduct the lighting system work in a manner as i0 ensue ictiast, practical interfierence ignith 'the road:way find. pedestrian., gi) Caci(ENifiNSTOR shall 1)cl:form in accordance with the latest lawa; of the State. of Florid.a, applicable mu.nicipal ordinances, regulations a.ndrequirenients of tile Public Services Cttimaission, the current standard of the National Code, thc latest cditinn of tb.e. ,Dtepa.rtment of.' Transportation Standard Specifications for Raild. Brid:e Construction, and the latest editiciin of the Mrinuall. on. Uniform Traffic Control Devices for Streets and. filighways and. amendments :thereto, In. the event that t1i.e. lighting systeinit is clamaged due to construction by .17D0'1, or an.y thirdnparty nerinitted by ,FiDOT, the ligliti.ng system .sltal.1 be restored pnarnptly to its original condition .by FDOT (fir' the third respein..sible party at no cost: to the CO'VEN,,,\JCTOR.. COVENANTOR. shall not be liftble .for any danitages, lOSSeSar aeitions arising out u0suc0 damages, iuOLl1.Us d hnion ihoIlierties lisereto theti, the Eilectrie Siifstenii. covered by Nit,11.0.A. maybe tier -loved, relocated. or adjusted at any time in the ,futureas fotind necessary by in rder that the adjacent state road. he widen.ed, altered. or otlierwise changed and niiiiintainied to meet with fullire caiteria or planning of 11)1)1 Il.andscaping Decorative al COVENAN710R, shalt maintain the landscape Pi acccyrdance \vial the InternatiOntd Society of Arboriculture standard„s„ guidelines, and procedures, as m.ay he aniended from time to time.. Nilowing„ cutting and/or trimming and ed,.;2.ing ale grass and turf. t3teti9312:2i 7 LOCATION: 201 SE 2N1) AVENUE FL 33 131-2106 Pruning all plant .materials, wit...ich. include trees, shrubs and groundcovers, an.d. parts thereof. Rernovingand properly disposing of dead, diseased or otherxise deteriorated plants in their entirety, and replacing those. that tad below the, standards set .forth .the Project Plans and in. the Project Spocification.si incorporated herein reference., and ail applicable ITSDOT gin(letines, sti,indards and proceduires, as .ntay anaended titre te) times s\ill replagenlient materials shall be in accordance' with the Project .Platis and the Project Specifications and Special Provisions; e) [hingall pliiint 'beds road tree rings, gi) Rionng and disposing of all undesirable vegetatioun including but not limited to v,eeding plant beds and removal of in‘asive exotic plant piniterials. Vviiitering amil. fertilizing all plart 11 needed to iniaintain the plant, materials in healthy and vigarimas growing cogiliiion, Iiiaaing" 'forallv,-ater use andall costs associated therewith., R.ernoving and. disposing cif all trirrintings, roots; bran.ch.es, litter, and any other debris Tenanting from. the .activities described by .3 „a through 3 ;11in the NIMOA.. Performing routine itiod regular inspection of the decorative 1hl n performance to ensure that the systerta(s) tire fully Panctionah identifying cPlin.a.ge ituadlor IT12.1:FLIfiCtiOnS; repairing or raTlacing brc.....)1K.cn or missing lighting equipment; and adjusting light throw to eliminate interference tAiitli. visibility of motoring public,. COV,E.NA.NTOR., attrcos final: may., at its sole discretion, per-fon-a, periodic inspection tile pattern pavernent arossiivaIks, specialty surfaces and .its coi.lcrete border, roadioisay lighti„rig, decorative lighting and landscaping to enure that COVE"NANTOR.is performing its duties ourstuatit to the 1 1.)0T shall har iih the C'IDVIiiii'CANTOR.it. i n perian 0 ndi ns. an(l rattyuc those. findings as the basis of its decisions regars...ig innintennazie chniichenhesti, as set frith in.. Section 4, of the N1N4C0i. Opv".2,72,,LkIvrcYlz is 1.7esponsible for obta. ring copies a all applicable rules, regulations, po,licies, procedures, •""!:.2; LOCATION: 201. SENI) AVENUE 13131-210'6 gtiidelines„ and manuals, and the Project Specification and Si: Provisions, as may hc ame!nded horn time to tinte. COVENANTOR shall indemnify, defend, uJ hold CITY, its officers and employees, harimiesfi tronaany clinirts„ demands, liabilities, losses or causes of action of any nature whatsoever at out of the acceptance by the C[fl of this Clavenant and/or the use„ construction, maintenanee an.dior reinoval of the 1/MPROVEIVIEN1S, or any part hereof, fron]. and. agninst any orders, iludgnitents or decrees that rimy be entered, and from and against till costs, attorneys' fees, expenses itnid liabilities incurred In the defense. of such claim orin the i.nk'estigation her. (t)V1\A'T( )i tt1l ridernitify„ defend and save CITY, its officers and employees, .......c..... firc)m and against arb/ and ad claims., liabil.ity, ,losses and CatiSeS of action, of any nature \112:tt'SQ eV r that rnay arise out of !the granting of this Covenant. or out of COVENANIFORS' activities under this Covenant, including .all other acts or obnissions to act on the part of COVENAlYiTOR or any person. acting for or on COVENA„NTC)Ris behalf, and from and against any orders!, judgnlents or decree's that rna biti entered, and frone and against all. costs, attorneys' fees, expenses rind ,liabilities !incurred in the defie,nse of any such claims or in the investigation therecif or against, any civil actions, statutory or similar claims. injuries or damages arising!, cr resulting fiann the permitted work or use of the right of vvay, even. if it is alleged that the (2ity, its officials and/or employees \Aere iint. Additionally. COVIliNeYNTIDR. shad indemnify, defend, and hold CITY, its officers and eaplifyyees„ harmless from ni claims, demands, liabilities, losses or causes of action of any nature )iyhatsoe'ver arising out of the acceptance by the CITY of the M...N/K/A !\vith MOT, or ',Any r3:783 9R 221 9 LOCATION: 201 SE 2ND AVENUE MIAMI, FL 33131-21.06 part thereof or activities thereunder, from and against a'iy. order's, judgments or decrecs •that rnay be entered, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of s:uchclaim. or in the investigation thereof, COVEili,IANTOR shall keep in full force and effect, at all times during the exercise of this Covenant,. a commercial. general liaklitv policy of insurance nt' at least tS1,000,000 per occurrence and S2,00.0,000 aggregate ,for bodily injury., including death, and property damage. Thn certificate of insurance should afford coverage fer premises and operations liability, producits and completed operations, personal and advertising injury Iibii, arid any other endorsements .pertinent to .the scope of work. The insurance should be primary and non- contributory, The insurance and Covenan hall be subject to the approval of .the CITYl.s Risk. Manuoicr and the CITY Atone. The insurance policiy shall be procured and premiums paid by COVEN.ANTOR.. The effective date of the policy shall be prior to or on the effective date of the Covenant, and.. the policy term. or any rene\,vals therc.oti shall • .emain in effect for the terr' of •the Covenant.. The insurance carrier for the policy must. be rated no less than A as to management and. no less than Class (V) as to strength bydie latest edition. of Best's insurance Guide and must be approved by the CITY's Risk Manager. CITY and Iii.1)o-r shall be listed as Additional Insured under the policy. 'Prooti of insura.nce shall be supplied to the satisfaction of CITY and FDOT prior to the issuanceof any permits. A Certificate of Insura.nce bearing CITY and ROOT a.s "Additional Insured" shall in no way relieve COVENNTOR of the obligation ••to add Chi and. FDOT as "Additional Insurer to the ac:tualinsurance policy., The insurance policy shall provide 137839312 0 L.0C,A:1710N: 201 SE 2N1) AVENUE N11.N.N.11, FL 33131-2106 that ClITITY and .F.DOT be given illleast: thirty (30) days advance vvrittera notice of any materia1. changes, cancellationc non -renewal notification of any policy ankh in the eVC.,at o1SUC1I nlaerial change, cancellsitior oi . ion-rene\val notification, (E)VE.N.ANICJR. shall irnmediateh!' replace said policy ‘vith .another policy to th.e. S IsIatOn ot Cir`r" and FliKif"r wiith the receipt ipt" as certificate of' insurance such. policy by CITY at. least ten (10) days prior to the effective date of the nuaterial chariges, cancellation (yr non-renenyal of any policy. In the event that C'ITY is not in possession of Same by such. date,. then Clit'it shall have the right to inuinediateli,,' secure a sinialar insurance policy in. its .riarrie with the total cost of th.e. premium and all monies that may become due during the term. of. tile Covenant being. charged to CO'CENANTIOR and ishaH ha\e. the right to declare and esdiblish said costs a a lien on the PRXill.PlaRili).7 of COV.E.NislYND.,)R, enfbreed as an.vlien provicled for under the statutes of the State of .'llioricia. COVENtAiNTOR azre:es to incri'rise .frorn tintie to time, a required by the City's Code, the limits of the cfstinpreltensive insurance policy r:equireti to be provided .pursuant to this Covenant, upon the .%yritteri request of CITY. It is axpressly .understood andagreed that this COVE,Ns\NT touches and concerns tile .PROPII,',Rilllti„ and shall be binding upon COVENsVIVRYR., mild. also upon grantees, heirs,. successors-in.-ipterest or assigns o.f COVENANTOR„ and shall be a condition-im2lied in an conveyfince Or other inStrunicnit affecting the title to the aforesaid property or any portion thereof. Additionally, FOOT shall be deemed a third partybeneficiary to the COVEN"..ANT and none of ibe obligations or responsibilities in this COVE"i`ANT "nay he released from. the PROPHSIN .without prior \,vritten eonsent of 11)017. 0174393122) 1 1 LOCKTION: 201 SE IND AVENIiiiE NILAIVII, Ff.., 33131-2106 Amy notice,: Teeniest, demand, approval or consent °Yi. yen,. or required to be given, .under ti1iii3 COVenant shall be in .writing and shall be deemed as having t,ieen given when mailed by Untied States registered or certified mail (ntun1 receipt requested), postage paid, to the other piiTties at .the addresses stated below or iiit the last changed address given by the party .to be notified as hereinafter specified: C4111ViEN„ili,iNTtIR, SE 2.1tiii1) ,..‘laVE NLIA,VII APA.,RIMENTS INVESTORS LL,C 200 .East Broward Avenue, Suite '1200 Few, Lauderdale, 1.3.li, 33.301 and s\KERNIAN LI.ili Attn: Spencer Crowley Three Brickell City Centre 9S Southeast Seventh Street,. Suite 1100 Miami, .11 33131 00111.—ai: ITIE CITY OFNIIAM1 A„tteritii:),Eit .Directori, Department of Public il9i1orks 444 SAkili: 2nd Avenue, Sul" .1'31.ocit \l0uni, Florida 33130 (1(1)VENANTOR hereinmiipres.sly a.eknavvledges that (a) permission grantiedby the CITlY to construct the 1N4R{MVENIENTS on. CIFY putblic right of way is solely for the lirnitcd purposes set triaittla herein and. il,....)cis not constitute a. lease and tliat the rights of the (lliCitV.E.,;2iVNillOk hereunder are not those of a .teriant but is. a mere personal privilege to do certain iicts on CITY Tiliblic right of iiviii, (b) the CITY retains dominion., possession ;.ititcl control of the 011113Y public right of iNa..y.' and can in the event of default bi,,, (111(2)..\1111.NA.ti0TOR unilaterally end the perniission granted herein to COVENANTFOR, without tilt or breach car cause 0'78393.12.-,2) 12 20 1 SE 2ND AVENUE FL 33 131-210.6 v/hatsoever provided, however., thin notice is given to (20VENAN-7170P. and. COVENANTO1 . has nut cured the event of dufi tit within the petit:xi of dme specilleci herein after receipt or notice (.7.) (t.(ti)VE\L,N.,NT(....)R. does nut and shad nut Claim at any. tirn i..110.'.:restor estate of any kind or extent vdats)ever in the CITY public right of \va.v Lv virtue of its use hereunder or by virtue of ,zixpenditures connection herewith.. ',37339.3 [signature pages .10.1.1.otAl 13 LOCATION: 201 SE 2ND AVENUE :VIENNE; FL 31131-2106 Signed,. Sealed, Attested and Delivered in our presence: FIRST WITNESS: CO VE N ANT 0 R: Sign: SE 2ND AVE MIAMI APARTMENTS Print l'.,yart-ley4 INVESTORS LEC, Delaware. hanited Address: Hal:nifty corn pally SECO N D),";1/[1.-N l.S r 1 N n Address: zoo,' E.', ,AX•Vg r 13(vci Se. IX) STATE. OF ) C(..IJNTY OF r Yrn Name „ KYLE; CLAIIIT(d) Title: _ The .foregoina instrument was acknovvIedged before me this day of 0.01.6._ by 'I<YL,k, (1ro,td) „ a.s V p of SE 2ND AVE MIAMI APAR.TMENTS INVESTORS LI.,17,a Delaaeulanted,...dial2llity company', on behalf ,of said Erni. Le d habil i t..,,,, company . (—Re /she is personed1:,- knoi,""in., or has produced -1,731,7inTit 1SP, \ JULIE COFFEY' •:9 (31,aVHASSION 41F1F022685 EXPS May 30, 2011' 3,,y3a p 13 :01cot.fa'acuo.,,,,Sao.6,34,4oir 1753")3 2,2 NOTARY PURI": ' FltlrTE OF u :-(7-0-1-2-ee, • Clotrunission conu1issi.0 .Expires: tYlay -30/ 2-0/7 14 LiCKliATION: 201 SE 2N"1) MIANith FT, 33 13 1-2106 ITT lunicipal Coircloratirm. of the Srate of Florida: Daniel J City Nilanager APPFZ_OVEi.D AiS TO c()NTENT: ( ...i ,• ,/ „...,_ l'jiidritarclo Siatilaniana, 1"..E.,., CC(' „.....— ,.. 12 .11..recith.r, 1:.i.)cp.artrident of Rilblie Ic\i'iorik.,i; .,. , A P1)1;1,0 VLF) AS TO Lvi Sharpe Director of li,..is1,;(.\/laria.2gmerrt svii)NZOVED \5 TO FORM .AND CORRECTNESSi (/// / / frihorii "MericiLiiii2 fir". :37339:U1,21 15 LOCATION: 201 SE 2ND AVENUE MIAMI, FI, 33131-2106 .EXIIMIF A LEGAL DESCRIPTION OF THE PROPERTY Fee Parcel: A. portion of Lots 1 and 8, in Block 4, DU PONT PLAZA., according to the plat thereof, as recorded in Plat Book .50, at Page,- I 1, of the Public Records of Miami -Dade County, more -particularly described as fall° \vs: COVNENCE at the inte.rsectien ()fine avesterly projection -of the North boundary of said Block 4 with the northerly prOjeC ti rl 0 F the liVest boundary- of s,aid Block 4; thenee North 89'59'10" East,. an the westerly projection .o5 the North boundary of said Block 4, a distance of 24.99 feet to -the PONT OF BEGINNING; 7h.,2,:e continue North 895910" East, along the North boundary of said Block 4, a. distance of 17.25 feet; thence South 0070000" West, a distance of 34.77 feet thence North 9000'00" East., a distance of 8,1.5 feet, thence South 0000'00" \kest,. a distance of 7,75 feet; thence North 90'0000" Eas.t., a distttnce of 20,43 feet; thence South 0000'00" a distance of 29.1.7 ,feet; thence North 90'00'00'1 West,. a distance. of 28.60 feet; thence South 0000'00" West, a distance of 1.29.23 feet; thence North 90'00'00" West, a distance of 41.22 feet: thence North 00'00'00" East, along the West boundary of said Block. 4, a distance or 1.75.92 feet to a point of curvature. of a circular curve concave to the -Southeast, having as its elements a radius of 25,00 f9et. and a central angle of S9'59'10"; thence "Northerly, Northeasterly -and Easterly along said curve for an arc -distance of 39:26 feet to the POINT OF BEGINNING.. AND Mezzanine Parcel, (Stairs) An Airspace Parcel being a portion of Lot 8, in Block 4, DU PONT PL.A.ZA, according to the plat thereof, as recorded in Plat Book 50, at Page 1. 1,, of the Public Records of Miami -Dade Count, Florid.a, havin. as its Lower Boundary, a horizontal plane at elevation 24.00 feet (National Geodetic Vertical Datum of 1929), having as its Upper Boundary, a horizontal plane at elevation 33.95 feet (National Geodetic Vertical Datum of 929)„ the perimetrical boundaries of ‘ehich are more particularly described as follows: COMMENCE at the intersection of the westerly projection of the North boundary of:said. Block 4 with the northerly projection of the. West boundary of said Block 4.; thence North 89'59'10" East, alone, the North botmdary of said Block 4 and the westerly projection thereof, a distance of 42.24 feet; thence South 0000'00" Easta distaiTiCe of 5.62 I.eet 'to the POINT OF BEGINNING,. thence North. 90'00'00" Eat, a distance of 12E50 feet; thence South 00'0000" East, i distance of 8..32 feet; thence North 90'0000" West,. a distance of 5..52 feet; thence South 00'00'00' East, a distance of 20.83 feet; thence, North 90'0000" West a distance of 6.98 feet; thence North 00'00'00' East, a distance of 29.15 feet to the POINT OF BEGINNING, AND Level 2 Parcel: An Airspace Parcel being a portion of Lots 1 and 8, in Block 4, DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50. at Page 11. of the Public Records of Miami -Dade County, Florida, having as its Lower Bounciar,,, a horizontal plane at elevation 33.95 feet (National Geodetic Vertical [,arum of 1929), having as its Upper Boundary, a horizontal plane aL elevation 47.17 feet (National Geodetic Vertical Datum of 1929). Go perimetrical boundaries ot which are more particularly described as (378393124) 16 LOGVITION: 201 SE 2ND AVENUE MIAMI, FL 33131-2106 fo I lo s: COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly projection of the West boundary of said Block 4; thence North 89'59'10" East. along the North boundary of said Block 4 and the westerly projection thereof, a distance of-42.24 Feet to the POINT OF BEGINNING; thence continue N 8959tO" East, along the North bouiadany of said Block 4, a distance of 12.3.3 feet; thence South 0000'00" West, a distance of 34.78 feet; thence North 90300'00" East, a distance of 17.50 leer; thence South 00'001'00" West, a distance of 7.75 feet; thence North 9000'00' East, a distance of 5.18 feet; thence South 0000'00" East a distance of 38.73 feet; thence North 900000" West, a distance. of 20.83 feet; thence South-00300'00" Wt., a distance, or/78.85 feet; thence North 9030000' West. a distanee of 2.87 feet; thence South 00300'00" West, a -distance of 33.38 feet; thence North 900000" West, a distance of 9.71 feet; thence South 000000 West, a distance of 2.44 feet; thence North 90'00'00'4v-est, a distance of 2.12 feet; thence North 00300'00" East, a distance of 129.23 feet; thence North 90'00'00' East, a distance of-23.60 feet; thence North 00'0000" East, a distance of 29.17 feet: thence North 9030000" 10 t, a distance of 20.43 feet: thence North 000000" East, a distance of 7.75 feet; theiacc Ntrn7i1 9030000" West; a distance of 8.15 feet; thence N 00'00'00" East a distance of 34.77 feet to the POINT 01" BEGINNING. AND Level. 3 Parcel: An Airspace ParC C bi1.1 Li a portion of Lots 1 and 8, in Block 4, DU PONT PLAZA, according -to the plat thereof, as recorded in Plat Book 50. at Faze 11, of the Public Records of Miami -Dade Count-, Florida, having as its Lower Boundtvy, a horizontal plane at elevation 47.17 feet (National Geodetic Vertical Datum of 1929), Inning as its Upper Boundary, a horizontal plane at elevation 57,51 feet (National Geodetic Vertical Datum of 1929), the perimetrical boundaries of which are more particularly described as follows: COMMENCE at the intersection of the westerly projection of the North boundary of said Block 4 with the northerly pi ejection of th.c.. West boundary of said Block 4; thence North 89'59 10" East, alona, the North bounclar:!„, of said B took 4 and the westerly projection -thereof, a distance of 42.24 feet to the POINT OF BEGINNING: Thence continue North 8959'10" East, along the North boundary of said Block 4, a distance of 12.83 fee:, thence Soath 0000'00" West, a distance of 28.9'. feet; thence North 900000" Last, a distance of 17. 17 feet: thence South 0000'00" West, a distance of 13 61 foot; thence North 90°00'00" Fast, a distance of .5 .51 feet; thence South 000000" West, a distance of 38,73 feet; thence North 90'00'00" West, a dkrance of 16.83 feet; thence South 00'00'00' West, a distance of 41.97 feet; thence North, 90'0000' \A,:iest, a distance of 10.52 feat; thence South 00300'00" West, a distance of 74.69 feet; thence North 9000'00" West, a distance of 6.06 faet; thence South 000000'1 West, a distance of 3.01 feet; thence North 90'0000" V47,2st, a distance of 2.12 feet; thence North 00'00'00" Easta distance of 129,23 feet; thence North 90'0000" East, a distance of 28.60 feet; thence -North 0000'00" East, a distance of 29 17 feet; thence North 900000" West. a distance of 20,43 feet; thence North 0000'00" East, a 4! .stance of 7,75 feet; thence North 900000" West, a distance of 3.15 feet: thence N 000000" E a distance or 34.77 feet to the POINT OF BEGINNING, AND Levels 4-8 Parcel: An A ir.spacc Parcel being a portion of Lots Land 8, in Block 4, DU Pow PLAZA, accordant to the plat thereof, as recorded in Plat Book- 50 at Page 11, of the Public Records of Miami -Dade County, Florida, 078393112.; 17 LOCATION: 201 SE 2ND AVENUE FI. 33131-2106 haying -as its Lower F3oundary, a horizontal -plane at elevation 57.51 feet (National -Geodetic Vertical Datum of 1929), having a; its Upper Boundary, a horizontal plane at elevation-109.77 feet (National Geodetic Vertical Datum of 1929), the perimetrical boundaries of which are more. particulat ciescribLi as Co, ilaws: CC)MMENCE at the intersection offhe westerly. projection of the North boundary of said Block 4 withthe northerly projection of the West boundary of said Mock 4; thence North 8959'10" East, aiong the North boundary of said Black. 4 and the -westerly projection the.reof, a distance of 42,24 feet to the POIN)I OF B'EG1NN ENG; thencecontinue North 39"59'10" East, along the North boundary of said Block 4, a (distance, 0112.83 feet, thatirtze South 00900'00" West, a distance of 28.91 feet; thence North 900000" East,. a di.suance of l 7.17 feat; .chenitte South 00"0000" West, a distance ofi 13..61 feett .thence North 90"004)0" East„ a distance. of 5.51 'feet thence South 00'00'00" West, o distance 0.138.73 .feet: thence North 90004)0" West, a distance of 27.35 feet: thence South 00"00100" 'V./est, a distance of 116,66 feet; thence North. 904)00tl" West, a distance of 6.06 feet; thence South 00'00'00" West, a distance of 3...01 feet: 'thence North 90'00'00" 'West, a distance of 2.12 feet; thence North 00'00'00' East, a distance of 129.23 feet; thence 'North '904)00'00" East, a distance of 28.60 feet; thence North 00'00'00" East, a. distance of 29.17 fect; thence North 904)0'00" West, a distance 011)20.43 feet-, thence North 0000'00" East,. a cfistance of 7..75 feet; thence North 90'00'00" West, a distance of 8.15 feet; thence N 04)00'00" F a distance of 34.77 feet to the.. PatNilf 011: BEGINNING. AND Levels 9 and L n Parcel: Airspace Parcel consisting of that portion of the following properny which lies above a horizontal plane at elevation 109)77 feet (National Geodetic 'Vertical Datum of 1929): Lots 1 through. 8. Inclusive, in Block. 1. DU PONT PLAZA, according to the plat thereof, as recorded in Plat Book 50, at Page I L. of the Public. Records of Mid.mi-Dade County,. Florida, LESS therefroud the following described parcel; CONIMENCE a. the intersection of the westerly projection of the North boundary .of said .B lock 4 'with the northerly projection o West boundary ofisaid-Block 4; thenee-North 89'5910" East, along the i..vesterly projection of the 'North. boundary of said Block 4, a distance of 24,99 feet to the POINT OF REGD.:INNG; thence continue North 89'39'1.0" East, along the North boundary of said Block 4, a ,distance .of 17.25 feet, 'thence. South. 00'00 001" West, a distance of 34.77 'feet: thence 'North 90'00'00' East, a distance of 8,15 'feet; thence South 000000" West, a distance of 7:75 feet; thence North 90'00'00" East, a distance of 20,43 feet; .thence Siduth 00'00'00" West, a dist 'Inc. of 29.17 'feet; thence North 90'0000" 'West, a distance of 28.60 feet; thence South 004)0'00" West, a distance -of 129.23 fe.et, thence North. 90'0000" West„ a distance of 42.2.2 foot; thence North 00'0000" East, along the West boundary of said Block 4, a distance of 1.75.92 feet to a point -of -curvature of a circular curve concave to the Southeast', having as its elements a radi US of 25.00 feet and a central angle of 89'59'10"; then,ce Northerly, Northeasterly and Easterly along said curve for an are distance of 39.26 feet to the POINT OF FCrINNING. LESS AND EXCEPT ("Level 9 Airspace Parcel") Said Level 9 Ai i space Parcel being the lands described in that certain Quit Claim Deed from SE 2' AVE MiA.VIl ARik R-FIENTS INVESTORS, I. to P&G DEVELOPMENT, I;ID., recorded April 17, 2015, in Official Records Boll 29582, Page 108 Millie, Public Records of Miami -Dade County, Florida. 37.8.3931.22) 18 LOCATION': 201 SE 2ND AVENUE MIAMI, FL 33131-2106 EXHIBIT B DESCRIPT1ON OF NON-STAND21RD IMPROVENIENTs 1. Sidewalks and Roadway Pavers 2. Pedestrian Raiiips Curh and Gutters (C&G), Valley Gutters 4, I,andscaping, includin but rwt: limited to griuss, pkinters, and irrigation 5. Planter and/or Planter Pats 6. Vents and Grates 7. Drop -0IT Zones 8. 1...oading, and Unloading. Areas 9 Parking Lanes 10. Nledian 1 Turning Lanes 12. Signage 13, Street L.ig-hring 4..Decorative L ihtina and Ornamental Light .Fixtures 15, Other road a components listed or described in the FDOT NINIOA 16. Any future modifications and non-srandard improvements permitted by the CITY 17, And other features installed within the public r121 s-of-way from time to time, pursuant to a duly issued permit. 07839312,2 19 'LOCATION: 201 SE 2ND AVENUE MIAMI 1711, 33131-2106 I Dc r37839312:21 MAP\,'" .EXPILBFF: C .NIENI()RANDUNI OF AGR,EEMENT 20 FLORIDA DEPARTMENT OF TRANSPORTATION PATTERN PAVEMENT CROSSWALKS, SPECIALTY SURFACES, ROADWAY LIGHTING, LANDSCAPE AND DECORATIVE LIGHTING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI This AGREEMENT, entered into on , 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. RECITALS: The DEPARTMENT has jurisdiction over State Road (S.R.) 5/US-1/US 41/SE 2nd Street from SE 3'rd Avenue to SE 2nd Avenue, and S.R. 5/ US- 1/US 41/SE 2nd Avenue from SE 2nd Street to SE 3rd Street, which is located within the limits of the CITY; and E. The CITY, pursuant to Construction Agreements # 2015 L 690 13, 2015 L 690 14, and any other future Agreement or Permit, has drafted design plans for beautification improvements on S.R. 5/US-1/US 41/SE 2nd Street from SE 37d Avenue (M.P 0.088) to SE 2nd Avenue (M.P 0.166), and S.R. 5/ US-1/US 41/SE 2nd Avenue from SE 2nd Street (M.P 0.166) to SE 3rd Street (M.P 0.226), the limits of which are described in the. attached Exhibit 'A(the PROJECT LIMITS), which by reference shall become. a part of this AGREEMENT; and The CITY will install pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping within the PROJECT LIMTIS in accordance. with the design clans for Construction Agreement # 2015 L 590 13, # 2015 L 690 14 and any other future, Agreement or Permit (the "Project"); and D. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and sett±ng forth the responsibilities of each oarty with regards to the maintenance of the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping installed pursuant to the Project; and E The CITY, by Resolution No. , dated , attached hereto as Exhibit '81, which by reference shall become a part of this Nilaintenance Nlernorandarn of Agreeinent between Haricla 1)epartnlent of transportation and Page 1 of 15 AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained. herein and. other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2. DEPARTMENT RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities pertaining to the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping within the PROJECT LIMITS to the CITY in perpetuity upon the DEPARTNENT's release of its contractor from further warranty work and responsibility. 3.CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall rot be limited to the Maintenance Rating Program Handbook as may be amended from time to time, the Project Specifications and Special Provisions, and in accordance. with the standards set forth in the Project Plans. Additionally, when. the DEPARTMENT does not have guidelines, standards, and procedures related to certain maintenance activities, the CITY shall maintain the pattern pavement crosswalks, specialtv surfaces and its concrete border, roadway lighting, decorative lighting and landscaping in accordance with Federal standards, guidelines, and procedures, as may be amended from time to time, and in accordance with all Manufacturer's and. Vendor's maintenance recommendations. The CITY shall ensure that any improvements and modifications comply with the terms of this AGREEMENT and meet the DEPARTMENTS's safety guidelines. The CITY's maintenance obligations shall include but not belimited to: 3.1 General: lvlaintenance Niemorandurn of Agreement 'between Florida Depaninent of Transportation and City of Miami Page 2 of 5 a. Removing and disposing of litter from roadside and median strips in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. b. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. r. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the lane in the DEPARTMENT's right-of-way. shall be submitted through the District Information System, to the DEPARTMENT'S area closure Lane cl Six Permit of a sure Lane traffic ts Closure Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. 3.2 Pattern Pavement Crosswalks: a, Within sixty (50) days of project acceptance by the DEPARTMENT, all lanes of each patterned crosswalk shall be evaluated for surface friction. The friction test shall be conducted using either a locked wheel tester in accordance with FM 5-592 (Florida Test Method for Friction Measuring Protocol for Patterned Pavements) or a Dynamic Friction Tester in accordance with AST' E1911. FM5-592 can be accessed at the following link: http://materials.dot.st-ate.fl.us/smo/admthistr tion/resources/li brary/publications/fstm/Methods/fm3-592 df b. The initial friction resistance shall be at least 35 obtained at 40 mph with a ribbed tire test (FN4OR) or equivalent. Failure to achieve this minimum resistance shall require all deficient crosswalk areas to he removed to their full extent (lane -by - lane) and replaced with the. same product installed initially. If the DEPARTMENT determines that more than 50 of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the Qualified Products List (QPL) or replaced with conventional pavement. c. Approximately one (1) year after project acceptance and every two (2) years thereafter and for the life of the adjacent pavement, only the outside traffic lane areas of each patterned crosswalk shall be tesed for friction resistance in accordance \lainienance NlernoTanduin or Agr,:crnent between Floti(Ja Depar(TrIvit iA-Franspertation ..,:tnd City oarni Page 3 of 15 with AST M E274 or ASTM E1911. Friction resistance shall, at a minimum, have a FN4OR value of 35 (or equivalent). d. The results of all friction tests shall be sent to the District's Warranty Coordinator with a cover letter either certifying that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. e. to achieve the minimum resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shali be removed to their full extent (lane -by -lane) and replaced with the same product installed initially. If the DEPARTMENT determines that more than 50% of the lanes in the intersection reouire replacement, the entire intersection installation may be reconstructed with a different product on the QPL or replaced with conventional pavement. f. When remedial action is required in accordance with the above requirements, the CITY shall complete all necessary repairs at its own expense within ninety (90) days cf the date when the deficiency was identified. No more than two (2) full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1" minimum depth. g The DEPARTMENT will not be responsible for replacing the treatment following any construction activities in the vicinity of the treatment. h. Should the CITY fail to satisfactorily perform any required remedial work in accordance with this AGREEMENT, the DEPARTMENT reserves the right to replace the patterned pavement with conventional pavement (rnachir: the adjacent pavement) and bill the CITY for this cast 3.3 Specialty Surfaces The CITY shall inspect, manage and perform maintenance and repairs of all planters, pavers, specialty surfaces, concrete segments bordering all pavers and specialty surfaces located within the PROJECT LIMITS. The CITY's responsibilities and maintenance obligations hereunder shall include, but not be limited to: a. Performing routine and regular inspections of the pavers and, specialty surfaces sidewalks surface to ensure that the surface Nzlaintenance .Memorandam o Agreemcnt between Elonda Department of Transportation and City of Miarm Page 4 of 15 is ADA compliant.; b. Identifying damage and/ormalfunctions in. the pavers and specialty sidewalks surfaces; and repairing andfor replacing damaged areas to ensure surfaces aremaintained and that they do not. pose: safetyhazards for the public c. Conducting annual condition surveys of the specialty surfaces for gaps, settlement, drop—offs, rutting, raveling, pot holes, delamination, cracking and other deficiencies described in. this AGREEMENT‘ d. Sweep the. sidewalk. 'Pavers and specialty surface crosswalks periodically to keep them freeof debris and, to maintain an. aesthetical1y. pleasing condition_ A light pressure washing may. be: necessary.. for heavy stain removal or cleaning. e. Remove and prdperly dispose of litter from ranters, s,dewalk pavers and. specialty surfaces) For anyroutine repairs or replacement due to noticeable color scarring or surface deterioration of the sidewalk pavers and specialty surfaces, the product authorized installer should bo. contacted. g) Ensuring that gaps. within. the pavers and specialty sidewalks surfaces shall not exceed a quarter (1/4) of an. inch_ Differential settlement withinthe concrete/finish surfaces shall not exceeda quarter (1/4) cf an inch indepth. h_ Undertakingthe maintenance and repair. (when needed) of proposed detectable. warningsurface as specifiedin the Project and the latest STANDARD SPECIFICATIONS FOR. ROAD AND BRIDGE. CONSTRUCTION and in accordance with all applicable DEPARTMENT guidelines, standards, and all applicable ADA reuirements, as amended from time to time, When remedial action is required in accordance with the above requirements, the CITY at its ownexpense shall complete all necessaryrepairs within. ninety (90) days of the date the deficiency is identified. Maintaininga service, logof all maintenance operations that sets forth the date of the maintenance activity, the. location. that was maintained, and the work. that wasperformed_ kwmegmcemeo:ieramiumefNgeereeJeffeemeeboemmunaorT,aespmceeamdkm.:yamvarm Page '5 of .15 3.4 Roadway Lighting: The CITY shall be responsible at no cost to the DEPARTMENT for the maintenance of all the Roadway Lighting System within the project limits. The CITY shall be responsible for performing the work described below: a. The parties herein. agree that the 1ht±n EiySem includes: light poles, attachedsigns, light fixtures, luminaire, foundations, pull -boxes, conductors, conduits, load centers, and all wiring from the tie-in (service point) location. with. the. power company to the load center and. from the load center to. the components that make up the lightingsystem. b. The CITY shall maintain the entire lighting systems at a minimum of 95% operational at all times. c.. The CITY assumes responsibility for the cost of electricity, maintenance and repairs to theentire lighting. systems. The CITY is responsibl for the. removal, disposal and replacement of knock -down light. poles and light poles foundation caused bytrafficaccidents in. a. mannerthat will protect the. general public. e. The CITY shall replace stoler,. wire, and any other component of the lighting system affected by theft and vandalism. The existing electrical panel and circuit wires shall be maintained by. the. CITY. The CITY shall conduct the lighting system work in a manner as to ensure the least practical interference with the roadway and pedestrian_ (4, The. CITY shall performall work in accordance with the. latest laws of the State of Florida, applicable municipal ordinances, regulations and. requirements of the Public Services Commission, thecurrent standard of the National Electric Code, the. latest edition of the Department of Transportation Standard Specifications for Road, Bridge Construction, and the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and amendments thereto. In the event that the lighting system is damaged due to construction by the DEPARTMENT, or any third party permitted by the DEPARTMENT, the lighting system shall be restored promptly VAintenapc.e. ,Viernoranthrl of Aareemem, berwcen Florida Department of Trans portatIon and City or iarni Page 6 of 15 to .its original condition by the DEPARTMENT or the third responsible party at no cost to the CITY. The CITY shall not be liable for any damages, claims, losses or actions arising out of such damages. i. It is understood between. the parties hereto that the Electric System covered by. this AGREEMENT maybe removed, relocated or adjusted. at any time: in the future as found necessaryby. the, DEPARTMENTinorder that theadjacent state road he widened, altered. or otherwise: changed and maintained to meet with future criteria or planning of the DEPARTMENT. 3.5 Landscaping and Decorative Lighting: a. The CITY shall maintainthe landscape: in accordancewith. the International Society. of Arboriculture standards, guidelines, andprogedures, as may be amended. from, time. to time. b. Mowing, cutting and/or trmming. and edging the grass and turf. Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof. d. Removing and properly disposing of dead, diseased or otherwise deteriorated plants in. their entirety, andreplacing those that fall below the standards set forth in the Project Plans and. in the Project. Specifications, incorporated hereinbyreference, andall applicable. DEPARTMENT guidelines, standards. and procedures, as may be amended from timeto time. All replacement materials shall he in. accordance with the Project Plans and the. Project F,-ecifi,-ations and Soeeial Provisions, Mulching all plant beds and tree rings f. Removing and disposing of all undesirable vegetation including but not limited to weeding. of plant beds and. removal of invasive exotic plant materials. Wate.i ing. andfertilizirrg. all plants as needed. to maintain the plant materials in a healthyand vigorous growirg. condition. h.. Paying for. a 1 water use and all costs associated th.:rewith. i. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 3.a through 3,h. mailiance. Nvkaneranaurn of \rf';:cmerit tm\vcen Honda Department OffianSp011annin and Ca), Ofvfl,iriii Page 7 of 15 Performing routine and regular inspection of the decorative lighting performance to ensure that the system(s) are fully functional; identifying damage and/or malfunctions; repairing or replacing broken or missing lighting equipment; and adjusting light throw to eliminate interference with visibility of motoring public. The DEPARTMENT mays at its sole discretion, perform periodic. inspectionof the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting., decorative lighting and landscapingto ensure that the CITY is performing its duties pursuant to this AGREEMENT, The Department shall share with the CITY its inspection findings, and may use thosefindings asthe basis cf its decisions regarding maintenance deficiencies, as set forth in. Section 4 of this AGREEMENT. The CITY is responsible for obtainingcopies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project SPecification and Special Previsions, as may heamended from time to time, 4. MAINTENANCE DEFICIENCIES I at any time it shall come to the attention c the DEPARTMENT' that the CITY's responsibilities as establishedherein are not being properlyaccomplished pursuant to the terms cf this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in. care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies. From the, date of receiptof the notice, the CITY shall have a period of thirty (30) calendar. days, within which to correct the cited deficiency or deficiencies, Recei-t. is determdned in accordance with Section S of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at. its option, proceed as follows: a, Maintain the pattern pavementcrosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping, or a part thereof and invoice. the CITY for expenses incurred.; or Terminate. this AGREEMENT in accordance with Section 7, remove anyor all the pattern. pavement crosswalks, pattern pavement crosswalks, specialty surfaces and its concreteborder, roadway lighting, decorative. lighting. and landscaping located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal. Ntalltervance M MO M.O.= Of g r)c\en lor id a Departrum orrranspottationind C. Mani Pw8on.5 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attn: District Maintenance Engineer. To the CITY: City. of Miami 444 S.W. 2nd, Ave. 10 Flo . Miami, FL 33130 Attention: City Manager Notices shall be deemed to have been received by. the end of five, (5) business days from the oroper sending. thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE PATTERN PAVEMENT CROSSWALKS, SPECIALTY SURFACES AND ITS CONCRETE BORDER, ROADWAY LIGHTING, DECORATIVE LIGHTING AND LANDSCAPING a_ The PARTIES agree that the. pattern pavement crosswalks, specialty surfaces and. its concrete border, roadway lighting, decorative lighting and landscaping addressed by this AGREEMENT may be removed, relocate.d or adjusted at any time in the future:, at the DEPARTMENT 's sole discretion_ In the event that the DEPARTMENT relocates o:®• adjusts the pattern pavement crosswalks, specialty surfaces and its concrete border/ roadway lighting, decorative lighting and landscaoingt the CIT1's maintenance respcnsibilities will survive the relocation or adjustment, as long as the. materials rera in within. the PROJECT LIMITS 7 • TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a. By the DEPARTMENT, if the CITY fails to perform .its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT, W Min C N4WW) M MIUM of TAM b e M".e. e RA-. id a Depailmnt ;')f"fransp,,r1o.claid Miami PaV9041.5 b, In accordance with Section 287.058(1) (o), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel chis AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. c. If mutuallyagreed. to by both parties, upon thirty (30) day advance,notice. An agreement to. terminate, shall be validonly if made, in writinc7 and executed with the same formalities as this AGREEMENT. 8 TERMS The effective date of this AGREEMENT shall commence upon eKecution by the PARTIES. This AGREEMENT shallcontinue in perpetuity or until termination as set forth in. Section. 7. E-Verlfy The CITY / Contractors or Vendors shall i, Utilize the U.S. Department. of Homeland Security's EH Verify systec.. to verify theemployment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and Expressly require any subcontractors performing work. or providing services pursuant to the state contract to likewise. utilize. the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility' of all new employees hired by the. subcontractor during the. contract term. (Executive Order Number 2011-02) The CITY shall insert the above clause. into anycontraot entered into by the CITY with vendors or contractors hiredby the CITY for purposes of pertormin. its duties under this AGREEMENT, c. This writing embodies the entire. AGREEMENT and understanding between.. the PARTIES hereto andthereareno other. agreements and. understanding, oral orwritten, with.. reference to the subject matter hereof that are not merged herein. and superseded hereby. This AGREEMENT shall not be transferred or assigned, in whole or \,cnirii,1uiu Page 10 of .15 in part, without the priorwritten consent cf the DEPARTMENT. e. This AGREEMENT shail he governed by and. constructed in accordance with the laws of the. State of Florida, Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable andshall not affect the validity of the remaining. portions of the AGREEMENT. f. Venue for anyand all aotions arising out of or in connection to the interpretation, validity, performance or breach cf this AGREEMENT shall lie exclusively in. a state, court of -proper jurisdiction in Leon County, Florjfa. gb A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made. in. writing anc. executed. with the same formality as this AGREEMENT. j The section headings contained in this AGREEMENT are for reference purposes only and shallnot affect the meaning or interpretation hereof, No term. or provision. of this AGREEMENT shall he. int mpreted for. or. against either' Party because the. Party or its legal representative draftedthe provision. The. DEFARTMENT is a state agency, self -insured and subject to the brovisionz of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed.. orotherwise interpreted a waiving the DEPARTMENT's sovereign immunity protections, or as increasing thelimits of liability as set forth. in Section 768,28, Florida. Statutes. 9 . INDEMNIFICATION Subject. to Section. 769.22, Florida Statutes, as mayhe amended from time.. to time, the CITY shall promttly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any andall losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorney-s fees, (including regulatoryand appellate fees) , and suits of anynature or kind. whatsoever caused by, arising out of, orrelatedto the CITY's exercise or attempted exercise of its responsibilities as set out in. this AGREEMENT, includingbut not limited to, any act, action, neglect oromissionby the CITY, its officers, agents, employees or rebresentatives inany waypertaining to this AGREEMENT, whetter direct or indirect, except that neither Maimcmanicc.MernorarOmorNzfxmarbviNcenFlorlduNparime.monmmilfwamamity4Wmu Page 1 1 of the CITYnor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused CT resulting from the sole negligence of the DEPARTMENT. The CITY's obligation to indemnify, defend. and payforthe defense: of the DEPARTMENT, cr at the. DEPARTMENT's option, to participate and. associate with the DEPARTMENT in the defense and trial of any claim. and anyrelatedsettlement negotiations, shall be triggered. immediately upon.. the CITY's receipt of the DEPARTMENT's notice of claim for indemnification. The, notice of claim for indemnification. shall be. deemed received if the DEPARTMENT sends the notice in accordance with the formal noticemailing requirements set forth in Section 5 of this AGREEMENT, The DEPARTMENT'S failure to notify the CITY of a claim shall not release the: CITY of the. above duty to defend and indemnify the DEPARTMENT. The CITY shall pay. all costs and fees relatedto this obligation and iLe enforcement. by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with, respect to those claims that arose from acts or circumstances which occurred priorto: terminationor expiration of this AGREEMENT. The CITY's evaluation of liabilityor its inability to evaluate liability shall not excuse the CITY's duty to defend. and indemnify the EEPARTMENT under the provisions of this section, Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding. the DEPARTMENT was solely negligent shall excuse performance of this provision by the. CITY. ---------REMAINDER oPAGE: INTENTIONALLY LEFT IN WITNESS WHEREOF, the parties hereto have caused these present be executed the day and year first above written. CITY OF MIAMI: STATE OF FLORIDA Maintenance Memorandum oC.,i\greernem be taepartmeQu. iafTranspertiation and City at'Miarni Page 2 o E 5 DEPARTMENT OF TRANSPORTATION: BY: BY: CITY Mayor District Director of Transportation Operati ATTEST: CITY Clerk (SEAL) ATTEST: ExecutiveSec etar', LEGAL REVIEW: BY: BY: TY: At District Chief Counsel EXHIBIT 'A' PROJECT LIMITS Below are the limits of the pattern pavement crosswalks, payers, specialty Ntainienance Memorandum al' Igrccinic.ini het NVCC Florida Departrnent of Transportation and City of Miami Page 15 MA5 surfaces, decorative lighting and landscape to be maintained under t AGREEMENT. State Road Number: Agre rn County: ° its: SE 2nd' Street from SE 3'd Avenue (M,P 0.088) to SE 2nd Avenue (M.P 0.166), and SE 2nd Avenue from SE 2' Street (M.P 0.166) to SE 3rd Street (M.P 0,226), Miami. -Dade aimenancie Mei/war:Indian Agrainnem bciavean Florida Depaarnent of llanapornalan and City of NI a CM Page IA of 15 To be herein incorporated Commissioners EXHIBIT 'B' CITY RESOLUTION ce ratified Jy tlie City. of Miami Bod of MwmaaaceWrnoravla,Ageementbtcwetmf'lalaDqarncraofTruripamcmatKKyofMixrj Page 15 .017.15