Res. No. 051-97-10022RESOLUTION NO.51-97-10022
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY
MANAGER TO EXECUTE A COVENANT OF CONSTRUCTION WITHIN
THE RIGHT OF WAY WITH METRO DADE COUNTY FOR THE
ALTERATION OF THE INTERSECTION AT SW 64TH STREET AND SW
59TH PLACE.
WHEREAS,the City identified traffic calming along SW 64th
Street asa desirable objective;and
WHEREAS,the alteration of the intersection at SW 59th Place
provides the initial step inthis process and provides a
significant start tothe proposed Madison Square improvements;
and
WHEREAS,Tht execution ofa Covenant of Construction is
required to proceed with this alteration.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1:The City will proceed with alterations tothe
intersection at SW 64th Street and SW 59th Place;and
Section 2:The City Manager is authorized to execute the
Covenant of Construction Within Right of Way as required by Metro
Dade for this project to move forward.
Section 3:This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 18th day of March,1997.
ATTEST
*^;%&>
CTTY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
VICE MAYOR
COMMISSION VOTE:
ViceMayor Robaina:
Commissioner Price:
Commissioner Bethel
Commissioner Young:
4-0
Yea
Yea
Yea
Yea
om:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
MayorandCity Commission Date:March 13,1997
Agenda Item #f^
Re:Comm.Mtg.03/18/97
Traffic Calming Project
SW 64 Street &59 Place
L.Denms*Whitt
CityManager
The proposed Traffic Calming Project along SW 64 Street is progressing.Funding from Metro
Dade Office of Community and Economic Development will allow the design and completion of
the full treatment at the intersection of SW 64 Street and SW 59 Place,Madison Square.This
will provide a "gateway"totheareaand should serve asa significant statement.
The proposed treatment would use interlocking pavers which adds color and provides a change in
texture tothe roadway.Inordertomakethis change,MetroDaderequiresacovenantwhich
would commit the City to maintain and repair the installed items,inthiscasethe pavers forthe
period thatthis treatment exists.TheCity would be responsible to remove andlater replace,at
its expense,whenever MetroDade schedules anyworkatthat location.Further,MetroDade
wouldbeheldharmlessfromanyliabilityarisingatthat location.
Staff from M.C.Harry,the designers,willbe present atthe Commission meetingto provide any
furtherclarificationthatmayberequired.
•(ACKNOWLEDGMENT -INDIVIDUAL)
STATEOFFLORIDA)
)SS
COUNTYOFDADE)
I HEREBY CERTIFY,that on this •day of ,A.D.19
before me personally appeared,_^
to me known to be the person described In and who executed the foraging <WonnT^
to the County of Dade,a body Corporate,and a political subdivision of the State c:
Florida,and \acknowledged to me the execution thereof to be free-
act and deed for the uses and purposes therein mentioned.
WITNESS my signature and official seal at ."'.'''.'.'.in the County
and State aforesaid,the day and year last aforesaid.
STATEOFFLORIDA)
\eg
COUNTY OFDADE)
Notary Public,Stateof
My Commission expires:
(ACKNOWLEDGMENT -CORPORATION)
BEFORE ME,the undersigned authority,this day personally appeared
a^d both being to me well knovn
and knovn by me to be the President and
Secretary of the ____^a Corporation under
the lavs of the State of ,and which said Corporation is knovn by me
to^be the person described in and which executed the foregoing Covenant,the said
officers of the said Corporation being likewise knovn by me to be the officers thereo:
vho,in their official capacities as such officers of said Corporation executed,sigr.v
5^d delivered the said Covenant as the act and deed of said Corporation,and the said
officers of said Corporation then and there severally acknovledged to and before me
that they executed the said Covenant,acting in their said official capacities,for
and as the act and deed of the said Corporation and in its name,and impressed thereor
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.19
Notary Public,State of
My Commission expires:
13
COVENANT OF CONSTRUCTION WITHIN RIGHT OF WAY
WHEREAS,City,of South .Miami
hereinafterreferredtoastheOWNERofthefollowingdescribed property:
requ^s%er^si^to install Pavers at Dade County Right of Way,
l&pa-tSwd &£/59yi Place apd...Harrtee Drive
withini^tber-public roadrightof way^of
IN*CONSIDERATION ofthe approval of this permit bytheDade County Public
Works Department,theOwneragreesas follows:
^i;""'To ^maintain and repair,when necessary,the above mentioned
item(s)installedwithin the dedicated right of way.Ifit becomes
necessary for the County to make repairs or maintain said item(s)
within public right ofway including restoration of street by reason of
theOwner'sfailuretodo so,suchexpenseshallbepaidbytheOwner
or shall constitute alien against theabovedescribed property until
paid.
2.The Owner does hereby agree to indemnify and hold Dade County harmless
from any and all liability which may arise by virtue of Dade County
permitting the installation of these item(s)within the public right
ofway,
3.The Owner does hereby agree to remove or relocate their facilities at
their own expense,within 60 days notice by the Public Works
Department todo so.Failure to comply withthisnoticewill result
in the County causing the item(s)tobe removed anda lien being placed
on the property and/or assessed against the owner for all costs
incurred inthe removal and disposal of the item(s).
4.The undersigned further agrees that these conditions shall be deemed a
covenant running with the land and shall remain in full force and
effect and be binding on the undersigned,their heirs and assigns,
until such time as this obligation has been cancelled byan affidavit
filed inthe Public Records of Dade County,Florida bythe Director of
the Public Works Department (or his fully authorized representative).
Signed,sealed,executed and acknowledged on the dayof
19 ,at Miami,Florida.
Signed,sealed and delivered in
thepresenceof:
•fcSBBfe i?(SEAL)
(SEAL)
/3