Reso 2024-3608 - Laserfiche WebLink

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time of such excavation. 4. Abandonment or Sale of CITY ROW. If the CITY desires to subsequently abandon or discontinue use of the CITY ROW, and ownership of the land is transferred to a private party, the CITY, as a condition of and prior to any such sale, abandonment, or vacation, shall grant BREEZELINE an easement satisfactory to BREEZELINE for the Underground Facilities then existing within the ROW or require the transferee to so grant BREEZELINE an easement satisfactory to BREEZELINE at the time of transfer. If ownership of the CITY ROW is transferred to another public entity, that public entity shall take the ROW subject to the terms and conditions of this Agreement. 5. Term. This Agreement shall remain in effect for as long as BREEZELINE or any successor or assign owns or operates the Underground Facilities placed in the ROW. 6. Title and Ownership of Underground Facilities. Title and ownership of Underground Facilities installed by BREEZELINE as a result of this Agreement shall, at all times, remain the property of BREEZELINE. 7. Conversion Outside ROW. In the event that the BREEZELIKE Underground Facilities are not, for any reason other than the sole error of BREEZELINE or its contractors, constructed within the ROW, CITY shall grant or secure, at CITY's sole cost and expense, new easements or ROW grants for the benefit of BREEZELINE for the placement of the Underground Facilities in these areas, and shall secure subordinations of any mortgages affecting these tracts to the interest of BREEZELINE. In the alternative, at the discretion of CITY, CITY shall reimburse BREEZELINE for all costs incurred to remove said facilities which were constructed outside the ROW and for reinstallation within the ROW. BREEZELIKE shall be responsible at completion of construction for notifying CITY in writing of BREEZ,ELINF's approval and acceptance of the conversion as being constructed within the ROW. Upon acceptance there shall be no further responsibility on the CITY for relocations referenced in this paragraph. S. Venue; Waiver of Jury Trial. This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Agreement, BREEZELINE and the CITY expressly waive any rights either party may have to a trial by jury in any civil litigation related to or arising out of this Agreement. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. 9. Attorneys Fees. In the event it becomes necessary for either party to institute or defend legal proceedings as a result of the failure of the other party to comply with the terms, covenants, or provisions of this Agreement, each patty in such litigation shall bear its own cost and expenses incurred and extended in connection therewith, including, but not limited to attorneys' fees and court costs through all trial and appellate levels. 10. Assignment. The CITY shall not assign this Agreement without the written consent of BREEZELINE. Page 3 of 8