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R-422-62 1 it4f)EX 0 Lc-UAL SRD NO. IMO.02601.CHECKED "LEDMIAMI SHORES VILLAGE SECTION RESOLUTION NO. 422 STATE ROAD COUNTY - Dade CITY UTILITY AGREEMENT THIS AGREEMENT, made and entered into this �// day of September , 19 620 by and between the STATE ROAD DEPARTMENT OF FLORIDA, hereinafter referred to as the Depart- ment, epart-ment, and the SON= VIIJAM (' HIM NOW a municipal corporation, hereinafter referred to as the City. W I T N E S S E T H: WHEREAS, the Department proposes to construct or re- construct a municipal connecting link State Road within said V111Age which Road is known and described as follows: 110ft l 95th g ' t beth 'm N*Wr 20dAVOUM N. go god AV=W and, WHEREAS, in order to facilitate such work it is necessary that provisions be made for adjustment, change or relocation of certain facilities and/or utilities within said City and located. within the Right of Way of said municipal connecting link State Road or appurtenances thereto, viz: Any and all water mains, fire hydrants, sanitary sewers, gas mains, fire and police call systems, telephone, electrical and telegraph systems, t PAGE 2 SRD NO. 7 SECTION 87WO*2 ]. STATE ROAD COUNTY Daft including poles, pole lines and underground facilities thereof, and any other utilities and facilities within such right of way. NOW, THEREFORE, the premises considered, and in consideration of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1 . That the Department will provide at its expense for the construction, reconstruction, change or replacement of all drainage structures necessary to properly drain said municipal connecting link State Road within the said City, but not otherwise. 2. That in consideration of the Department's under- taking the construction or reconstruction of said municipal connecting link State Road, which will be of benefit to the City and its citizens as a City thoroughfare, the City agrees to make all necessary adjustments, relocations or changes of its facilities or utilities thereon, in order to comply with the plans, designs and specifications of the Department for the construction or reconstruction of said municipal connecting link State Road, without cost or expense to the Department. 3. The City further agrees that said adjustments, changes or relocation of said facilities or utilities will be made by the City, with sufficient promptness so as to cause no delay to the Department or its Contractor in the prosecution of such construction or reconstruction work. The City further agrees that in the event the changes, adjustments or relocation of such facilities or utilities shall be done simultaneously with the construction project, that it will reimburse the Contractor directly for any just claim due to delays caused by the City's operations or hindrance to the Contractor's efficient prosecution of the construction work. s Page 3 SRD NO. SECTION 87201 STATE ROAD COUNTY Daft 4- It is mutually understood and agreed between the parties hereto that the City shall assume the sole respon— sibility for the necessary adjustment, change or relocation of all of said municipal facilities or utilities. 5. The City further agrees that the State Highway Engineer shall act as arbiter in deciding all questions, difficulties or disputes of whatever nature which may arise under or by reason of this Agreement, and his decisions relative thereto shall be final and conclusive upon all parties. 6. The City further agrees that it will maintain and keep in repair, or cause to be maintained and kept in repair, all of such adjusted, changed or relocated facilities or utilities within the right of way of said State Road, to comply with all provisions of law and of the Department's manual, with amendments and specifications for traffic control routing and parking and to conform with the regulations of the Department pertaining thereto. 7. It is mutually agreed that any attached map or sketch showing any such facilities or utilities to be adjusted changed or relocated is made a part hereof by reference. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. w a z e o Signed, sealed and delivered STATE DEPARTMENT OF FLORIDA in the presence of: /\ o o BY: C) Executi a Director d o � r � .n z --- rpor to� I— JZ,/J,/Aa`TEST: � ci. As to Dep toren ecretary SHOW F , FLORIDA BY:B ' R1 1 LPY<crP i� orate � ATTES As tMvamm Fe e r