2006-054
RESOLUTION NO. 2006-54
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI-DADE COUNTY
REGARDING RIGHT OF WAY RECONSTRUCTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute an Agreement between
the City of Aventura and Miami-Dade County regarding right of way reconstruction
attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Vice Mayor Weinberg, who moved its
adoption. The motion was seconded by Commissioner Joel, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Vice Mayor Luz Urbaez Weinberg
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2006-54
Page 2
PASSED AND ADOPTED this 12th day of September, 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
H~~
CITY A TIORNEY
,
Exhibit "A"
AGREEMENT BETWEEN THE CITY OF A VENTURA
AND
MIAMI- DADE COUNTY
PROVIDING FOR RIGlIT OF WAY RECONSTRUCTION
THIS Agreement, made and entered into this day of 2006,
between the City of A ventura, hereinafter referred to as the "CITY", a municipal corporation organized and
existing under the laws of the State of Florida, and Miami-Dade County, hereinafter referred to as the
"COUNTY", a political subdivision of the State of Florida.
WIT NES SETH:
WHEREAS, the COUNTY, through its Water and Sewer Department (MDW AS D) intends to install
new and repair or replace existing water and/or sanitary sewage facilities within the boundaries of the CITY;
and
WHEREAS, installation and repair or replacement of these facilities will temporarily result in
disruption to various CITY owned right of ways but will permanently result in CITY residents having
improved water and sanitary sewage service; and
WHEREAS, the CITY requires that persons working in the Right of Way post a bond in order to
ensure that the right of way is properly reconstructed; and
WHEREAS, the COUNTY cannot provide a bond to the CITY, but IS willing to guarantee
reconstruction of the right of way:
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto hereby consent and agree that the above recitations are true and further covenant and agree to the
following terms and conditions:
I. Tbe COUNTY intends to install new and repair or replace existing water
and/or sanitary sewage facilities in the CITY. Following such installations and
repairs or replacements, the COUNTY shall cause the right of way to be
reconstructed in accordance with all applicable permits and ordinances. Such
reconstruction shall occur no more than thirty (30) days after work by MDW ASD
at a location is complete.
2. The CITY shall cause to be specified, to the extent possible, the specific
reconstruction requirements to be met by the COUNTY, to be included in any
permit for the work issued by the CITY to the COUNTY.
3. In the event that the COUNTY does not cause any right of way to be
reconstructed, the COUNTY agrees that the CITY may reconstruct same, and that
the COUNTY will reimburse the CITY for actual costs for typical reconstruction
and fifty percent (50%) for specialty reconstruction such as brick replacement or
specialty concrete, including the brick reconstruction located at 19606 N .E. 36th
City of A ventura Agreement
Reconstruction of Right of Way
8/22/06
I
Court. Notwithstanding the preceding, the COUNTY shall not be liable for any
delay, extra work, or other direct or indirect claims brought by any contractor
against the CITY related to such work.
4. Upon completion of all work specified herein, the CITY shall deliver unto
the COUNTY a release indicating that all right of ways have been reconstructed.
5. This Agreement shall terminate and be cancelled without further writings between the
CITY and the COUNTY upon either party providing three (3) months notice in writing to the other party
so advising the other party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and
year first above written.
ATIEST:
MIAMI-DADE COUNTY
By:
By:
(SEAL)
Clerk
County Manager
ArrEST:
CITY OF A VENTURA
BY:
BY:
(SEAL)
City Clerk
City Manager
Approved as to form and legal sufficiency:
Approved as to form and legal sufficiency
Assistant County Attorney
Attorney for City of A ventura
City of A ventura Agreement
Reconstruction of Right of Way
8/22/06
2