Reso 2014-2345 - Laserfiche WebLink

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1. Recitals. The foregoing recitals are true and correct and incorporated into this Restrictive Covenant by reference. 2. Restrictive Covenant. The City agrees to accept the donation of a bronze statue of Jose Milton to be located adjacent to the Butterfly Garden at Gateway Park. This Restrictive Covenant shall run with the Property and shall be binding on the successors, assigns and heirs of Donor and City. The City has absolute discretion to determine the exact location to place the statue. 3. Donor's representations. Donor represents that the bronze statue is an original and does not infringe upon any copyright owned by any third party. Donor further represents that the bronze statue is free of liens, claims or other encumbrances owned by any third parties. Donor represents and warrants that title to the bronze statue shall vest exclusively with the City upon delivery by Donor to the City. Donor waives any and all rights they may possess in the bronze statue under applicable law. Donor is responsible for all costs and expenses associated with the installation of the bronze statue at the Property. 4. City's representations. City shall be responsible for caring, maintaining, preserving and handling the bronze statue following its installation at the Property by Donor. City shall have sole discretion to determine when and if maintenance is required and to the extent of such maintenance. City shall have the exclusive right to determine when and if repairs to the bronze statute will be made. City may make whatever repairs, restoration or other arrangements it deems necessary to maintain the bronze statue. 5. Modification, Release and Enforcement. Only the City and Donor have the right to enforce this Restrictive Covenant. No other party will be deemed a third-party beneficiary for any purpose. This Restrictive Covenant may only be modified, amended or released by a document executed by the City and Donor, including their successors, assigns and heirs at a public hearing. Enforcement shall be by action against the parties or persons violating or attempting to violate this covenant. 6. Reservation. The City reserves all rights of ownership in and to the Property in which the bronze statue will be located. 7. Entire Agreement. This Restrictive Covenant sets forth the entire understanding and agreement between the City and Donor with respect to its subject matter. No other agreements or obligations will be created or implied by virtue of this Restrictive Covenant. This instrument does not grant Donor any use, possessory, easement or other rights with respect to the Property. 8. Validity. This Restrictive Covenant shall become valid and effective, and shall be recorded in the Public Records of Miami-Dade County, Florida. 9. Governing Law. This Restrictive Covenant shall be governed by and construed in accordance with the laws of the State of Florida. 2