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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FLU 2 FROM: Victoria Mendez, City Attorney DATE: May 21, 2020 RE: Resolution No. 20-0117 - Execute MMOA - Beautification Improvements File No. 7299 At its April 23, 2020 meeting, the City Commission adopted the above referenced agenda item, CA.3, authorizing the City Manager to execute a Maintenance Memorandum Of Agreement between the City of Miami and the State of Florida's Department of Transportation for beautification improvements on State Road 90 ("SR-90"), Southwest 8th Street (eastbound pair) and Southwest 7th Street (westbound pair). The item inadvertently contained an incorrect description of the effective date of the Resolution in Section 3. The Legislation has been corrected and incremented to Revision A. VM/BLM/DSG/vja ca Nc7 Enclosure(s) Q� c- -nh, co Fri 3 � —0 M r� 7299 Scrivener's Error Memo City of Miami ,(i 41F s.41 Legislation fell It it t ® R ®° Resolution: R-20-0117 File Number: 7299 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA'S DEPARTMENT OF TRANSPORTATION FOR BEAUTIFICATION IMPROVEMENTS ON STATE ROAD 90, SOUTHWEST 8TH STREET (EASTBOUND PAIR) AND SOUTHWEST 7TH STREET (WESTBOUND PAIR). WHEREAS, the State of Florida's Department of Transportation ("FDOT") has jurisdiction over State Road 90, Southwest 81i Street (Eastbound Pair) and Southwest 7"' Street (Westbound Pair) (collectively, "Street') which is located within the limits of the City of Miami ("City"); and WHEREAS, Megacenter Brickell LLC, a Florida limited liability company ("Developer"), pursuant to Permit #2019-L-690-00009, has drafted design plans for beautification improvements on the Street, the limits of which are described in Exhibit "A" ("Project Limits") to the attached Maintenance Memorandum of Agreement ("MMOA"); and WHEREAS, the Developer will install landscape, tree grates, and irrigation in accordance with the design plans for Permit #2019-L-690-00009 ("Improvements") as approved by FDOT; and WHEREAS, the City is aware that this MMOA will supplement all maintenance requirements between FDOT and the City for all previously executed permits and agreements; and WHEREAS, the City has made the Developer responsible for the operation, maintenance, and liability of the Improvements via the execution of a non-standard d improvement covenant; rn NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE Mg O� 0 MIAMI, FLORIDA: 3� TI Section 1. The recitals and findings contained in the Preamble to this Resoll0Wn afe adopted by reference and incorporated as if fully set forth in this Section. _ �c V Section 2. The City Manager is authorized' to execute the MMOA, in substantially the attached form, with FDOT to facilitate the installation and maintenance of the Improvements within the Project Limits, subject to the execution by the Developer of a non-standard ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. city of Miami Page 1 of 2 File ID: 7299 (Revision: A) Printed On: 12 I712020 File ID: 7299 Enactment Number: R-20-0117 improvement covenant, in a form acceptable to the City Attorney, that requires that the Developer operate, maintain, and be held liable for the Improvements. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ria dez, Cify ttor ey 4/14/2020 " ria dez, ity ttor ey 5/21 /2020 j cy csrn p CO w '- CD rri �c V City of Miami Page 2 of 2 File ID: 7299 (Revision: A) Printed on: 12/17/2020 0IN Qp4Z City of Miami City Hall * """ """ # " " - Legislation 9 3500 Pan American Drive Miami, FL 33133 o H % Resolution www,miamigov.com File Number: 7299 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA") BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA'S DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") FOR BEAUTIFICATION IMPROVEMENTS ON STATE ROAD 90 ("SR-90"), SOUTHWEST 8TH STREET (EASTBOUND PAIR) AND SOUTHWEST 7TH STREET (WESTBOUND PAIR). WHEREAS, the State of Florida's Department of Transportation ("FDOT") has jurisdiction over State Road 90 ("SR-90"), Southwest 8th Street (Eastbound Pair) and Southwest 7th Street (Westbound Pair) (collectively "Street") which is located within the limits of the City of Miami ("City"); and WHEREAS, Megacenter Brickell LLC, a Florida limited liability company ("Developer"), pursuant to Permit #2019-L-690-00009, has drafted design plans for beautification improvements on the Street, the limits of which are described in Exhibit "A" ("Project Limits") to the attached Maintenance Memorandum of Agreement ("MMOA") ("Project Limits"); and WHEREAS, the Developer will install landscape, tree grates, and irrigation in accordance with the design plans for Permit #2019-L-690-00009 ("Improvements") as approved by FDOT; and WHEREAS, the City is aware that this MMOA will supplement all maintenance requirements between FDOT and the City for all previously executed permits and agreements; and WHEREAS, the City has made the Developer responsible for the operation, maintenance, and liability of the Improvements via the execution of a non-standard improvement covenant; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CM OR 71 MIAMI, FLORIDA: �-' _ n Section 1. The recitals and findings contained in the Preamble to this ResokRicn arm -` adopted by reference and incorporated as if fully set forth in this Section. 3� r- Section 2. The City Manager is authorized' to execute the MMOA, in substanttygly the attached form, with FDOT to facilitate the installation and maintenance of the ImproveTmenls within the Project Limits, subject to the execution by the Developer of a non-standard improvement covenant, in a form acceptable to the City Attorney, that requires that the Developer operate, maintain, and be held liable for the Improvements. ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: ria dez, ity ttor ey 4/14/2020 C) Yi N C= �yq N Ci CJ � Cp co { � ` L I b