HomeMy WebLinkAboutExhibitCOVENANT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS WITHIN
MIAMI-DADE COUNTY RIGHT-OF-WAY BETWEEN THE CITY OF MIAMI
AND MIAMI—DADE COUNTY
WHEREAS, the City of Miami ("City") requests permission to install temporary access control
devices, more specifically delineators (the "Improvements"), along SW 22 Avenue medians
between Coral Way (S.R. 972) and US-1 (S.R. 5) (the "Limits"); and
WHEREAS, the City and Miami -Dade County ("County") are mutually desirous of providing
assurances for the future continued maintenance, repair and replacement of the Improvements;
and
WHEREAS, the City shall be solely responsible for the operation and maintenance of the
Improvements.
NOW, THEREFORE, in consideration of the covenants herein provided, the City agrees as
follows:
1. To maintain repair and replace, when necessary, the Improvements. If it becomes
necessary for County to make repairs, maintain or replace the Improvements including
restoration of street, by reason of the City's failure to do so, such expense shall be paid
by the City.
2. To the extent allowed by Florida Statue 786.28, the City does hereby agree to indemnify
and hold County harmless from any and all liability for personal injury/property damage
that may arise by virtue of the City's own negligence which may come from County
permitting the installation of the Improvements within the public right-of-way, or from the
City's negligent failure to maintain or operate the Improvements.
3. The City does hereby agree to remove or relocate the Improvement(s) at the City's own
expense, within 60 days' notice by the County to do so. Failure to comply with this notice
will result in County causing the Improvement(s) to be removed and all costs incurred in
the removal and disposal of the Improvement(s) shall be assessed against the City.
4. The undersigned further agrees that these conditions shall be deemed a Covenant
between the City and County and shall remain in full force and effect and be binding on
the City until such time as this obligation has been cancelled by an affidavit filed in the
Public Records of County, Florida by the Director of the Department of Transportation and
Public Works (or their fully authorized representative).
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Signed, sealed, executed and acknowledged on the day of , 20
at Miami, Florida.
Signed, sealed and delivered in
the presence of:
(SEAL)
(SEAL)
(ACKNOWLEDGEMENT — CORPORATION)
STATE OF FLORIDA )
SS.
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, this day personally appeared
and both being to me well known and known by me to be
the , City Manager, and , Assistant City
Manager, of the City of Miami a Corporation under the laws of the State of Florida, and which said
Corporation is known by me to be the person described in and which executed the foregoing
Covenant, the said officers of the said Corporation being likewise known by me to be the officers
thereof who, in their official capacities as such officers of said Corporation executed, signed and
delivered the said Covenant as the act and deed of said Corporation, and the said officers of said
Corporation then and there severally acknowledged to and before me that they execute the said
Covenant, acting in their said official capacities for and as the act and dead of the said Corporation
and in its name, and impressed thereon its Corporate Seal, for the uses and purposes therein
mentioned, and after being thereunto by the said Corporation duly authorized and directed.
WITNESS my hand and official Seal at _ , in the County and State
aforesaid, on this, the day of , A.D. 20
Notary Public, State of
My Commission expires:
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