Approve $1 maintenance covenant with county for public art improvements

28, Florida Statutes, and holds the County harmless from any and all claims including but not limited to negligence arising out of or relating to the operation or maintenance of the Improvements. 4. The installation of the Improvements on the Property must meet all applicable building codes and design criteria for similar structures or landscaping placed within roundabouts central islands, including wind loading commensurate with roadways signs in the area. The Improvements must contain signs as defined in the 2023 Manual on Uniform Traffic Control Devices (MUTCD), Part 1, as Chapter 1C.02, traffic control features, auditory devices, reflective surfaces, flashing lights, moving parts or moving illumination. 5. The Village assumes sole and complete responsibility, at its sole cost and expense, for the installation of the Improvements and the maintenance of the Property and Improvements. The Village shall maintain the Improvements and the Property in a safe and clean manner. If the Village fails to maintain the Improvements installed on the Property or the Property, it shall be responsible for any and all cost incurred by the County to replace, maintain, or remove the Improvements, in whole or in part. 6. The Village agrees that no Improvements, structures, or articles shall be installed or constructed within the Property without written approval by the County. No Improvements or structures shall be permitted which are inconsistent with or impede the appropriate movement of traffic, the safe and convenient transportation of people, or that cause any distraction to drivers or is otherwise hazardous to pedestrian or traffic flow, to be determined in the sole discretion of the County. 3 7. The design and installation of the Improvements shall be submitted to County for its for review and approval and said design and installation of same shall be in accordance with this Covenant and conform to the applicable requirements established by the following publications: a. Florida Department of Transportation’s Standard Specifications for Road and Bridge Construction; b. Manual on Uniform Traffic Control Devices for Street and Highways, U.S Department of Transportation, Federal Highway Administration; c. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration; d. Miami-Dade County Public Works Manual (available from the Transportation and Public Works Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128. e. Florida Highway Guide Sign Program Chapter 14-51; and Manual of Uniform Minimum Standards for Design, Construction and Maintenace for Streets and Highways (Florida Greenbook). 8. Notwithstanding any other term in this Covenant, nothing herein shall be deemed a waiver of the Village or the County’s immunity, or sovereign rights, or limitations of ability as provided by

28, Florida Statutes, as may be amended from time to time. 9. The Village shall be responsible for keeping records of all repairs, and for furnishing pertinent documents as and when said records may be requested. The Parties shall each maintain their own respective records and documents associated with this Covenant in accordance with the requirements for records and documents associated with this Covenant in accordance with the requirements for records retention set for in Chapter 119, Florida Statutes. 4 10. Upon written notification by the County, the Village shall immediately remove, at the Village’s sole cost and expense, the Improvements, in whole or in part. Failure to carry out any of the duties and responsibilities assumed herein by the Village may result in termination of the Covenant, at the sole discretion of the County, upon five (5) days’ notice to the Village in accordance with paragraph 14. 11. The preparation of this Covenant has been a joint effort of the Parties hereto and both Parties have had the benefit of consultation with legal counsel of their choosing prior to its execution. The resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 12. This Covenant embodies the entire agreement between the Parties with respect to the matters addressed therein. Previous agreements and understanding of the Parties with respect to such matters are null, void, and of no effect. Notwithstanding any other provision contained herein, no third-party beneficiaries are created with respect to any claims against the County by virtue of this Covenant. 13. The undersigned further agrees that these conditions shall be deemed a covenant and shall remain in full effect and be binding in the undersigned, until such time as this obligation has been cancelled by an affidavit filed in the Public Records of Miami-Dade County, Florida by the County Mayor or County Mayor’s designee. 14. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (e.g., Federal Express), or by written certified U.S. mail, with return receipts requested, addressed to the party for whom it is intended, at the place specified. The method of delivery shall be consistent among all persons 5 listed herein. For the present, the Parties designate the following as the respective places for notice purposes: a. For The County: Miami-Dade County Department of Transportation and Public Works Attn: Eulois Cleckley, DTPW Director and CEO 701 NW 1st Court-Suite 1700 Miami FL 33136 With a Copy to: Miami-Dade County Attorney’s Office 111 NW 1st Street, Suite 2810 Miami, FL 33128 b. For the Village: Village of Pinecrest Yocelyn Galiano, ICMA-CM, Village Manager 12645 Pinecrest Parkway Pinecrest, FL 33156 With a copy to: Village of Pinecrest Mitchell Bierman, Village Attorney 12645 Pinecrest Parkway Pinecrest, FL 33156 With a copy to: Village of Pinecrest Public Works Department David J. Mendez, P.E., Public Works Director 10800 Red Road Pinecrest, FL 33156 6 IN WITNESS WHEREOF, the Village and the County have set their hands the day and year above written. ATTEST: MIAMI-DADE COUNTY Juan Fernandez-Barquin, Clerk of the Court, and Comptroller By: ________________________ County Mayor or County Mayor’s Designee By: ________________________ County Deputy Clerk Approved as to form and legal sufficiency: ________________________ Assistant County Attorney ATTEST: VILLAGE OF PINECREST By: _________________ By:__________________ Village Clerk Village Manager Approved as form and legal sufficiency: ________________________ Village Attorney