HomeMy WebLinkAboutR-00-0203J-00-160
2/17/00
•
00- 203
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A ROADWAY MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI-DADE COUNTY FOR THE
INSTALLATION AND MAINTENANCE OF NON-STANDARD
IMPROVEMENTS ON NORTHEAST 13TH STREET AND
NORTHEAST 14TH STREET BETWEEN NORTH BAYSHORE
DRIVE AND NORTHEAST 2ND AVENUE, MIAMI,
FLORIDA.
WHEREAS, Miami-Dad.e County seeks to construct non-standard
roadway improvements in the public right of way for the
,development and construction of the proposed Performing Arts
Center of Greater Miami to be located in the Omni neighborhood;
and
. WHEREAS, two of the public rights-of-way scheduled for
improvement, Northeast 13th Street and Northeast 14th Street
between North Bayshore Drive and Northeast 2nd Avenue, Miami,
Florida, are under the jurisdiction of the City of Miami; and
WHEREAS, Miami -Dade County has agreed to enter into a
Roadway Maintenance Agreement in favor of the City of Miami to
maintain the non-standard improvements within the rights-of-way
under the jurisdiction of the City of Miami;
I
A T PUl E N I �7
I
CITY COI�i ISSION
MEETINIC
OF
MAR 0 9
2000
Resolution
No.
010
0"3:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF'THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized" to
execute an agreement, in substantially the attached form, between
the City of Miami and Miami -Dade County for the installation and
maintenance of non-standard improvements on Northeast 13th Street
and Northeast 14" Street between North Bayshore Drive and
Northeast 2nd Avenue, Miami, Florida.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
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.
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
lY
' Page 2 of 3
•
•
PASSED AND ADOPTED this 9th day of March 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation no'N
becomes effective with the elapse of ten (10) days ro sl e date of Coni m;ssicn . Non
regarding same, without the Mayor exercisinget e
ATTEST: \ftiater J Foe y Clerk
WALTER J. FOEMAN
CITY CLERK
✓ 1 /�
APPROVED' AS /TO E•ORM D CORRECTNESS :e---
AND VIrRELLO
ATTORNEY
W4163/: RCL
Page 3 of 3
u!-- 26, uo. 14:11 1-*A.k 3053-1 2765y NEiNf U}2511�C .at2'l5 CI �IH}<
1 is
CITY OF MIAMI
ROADWAY MAINTENANCE AGREEMENT
WITH
MIAMI-DADE COUNTY
Zoo 2, OU9
This AGREEMENT, made and entered into this __day of _ , 2000, by
and between the City of Miami, Florida, a municipal corporation organized and existing
under the laws of the State of Florida, hereinafter called the CITY and '_MIAMI-DADE
COUNTY, FLORIDA, acting by and through its Board of County Commissioners,
existing under the Laws of the State of Florida, herein after called the COI,'NTY.
WITINESSETH
WHEREAS, the COUNTY is the fee owner of the parcels of land located at 1300
Biscayne Boulevard and 1301 Biscayne Boulevard, Miami, Florida, more particularly
described in Exhibit "A" attached hereto and made a part hereof, (hereinafter called
"PROPERTY"); and
WHEREAS, the COUNTY has requested permission from the CITY to construct
COUNTY owned and operated non-standard improvements on the CITY owned streets
of N.E. 13'x' Street and N.E. ]4th Street between N.E. 2nd Avenue and ]North Bayshore
Drive immediately adjacent to the PROPERTY; and
WHEREAS, the non-standard improvements (hereinafter collectively called the
"IMPROVEiu1ENTS") shall consist of custom roadway and plaza lighting, custom street
furniture, drop off lane at N.E. 13'h Street, landscaping and storm water management
system, all as more particularly described in the set of construction documents dated
2000 attached hereto as Exhibit `B" and made a part hereof; and
WHEREAS, the CITY has required the execution of this AGREEMENT as a
condition precedent to its acting as Permittee and to the granting of said permission to the
COUNTY to construct the IMPROVEMENTS on the CITY'S owned street of N.E. 136'
Street and N.E. 14'' Street between N.E. 2nd Avenue and North Bayshore Drive;
WHEREAS, the parties hereto mutually recognize the need for entering into an
agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the COUNTY by Resolution No. dated
2000 attached hereto as Attachment "C", which by reference
hereto shall become a part hereof, desires to enter into this Agreement and authorizes its
officers to do so.
NOW, THEREFORE, for and in consideration of the express grant by the CITY
of the right and license to allow the construction, operation and maintenance of the
IMPROVEMENTS on the CITY'S owned street of N.E. 13'x' Street and N.E. 14`h Street
203
Ui Yo. UU i4:21 f':1.1 3U337Z7639 t`t.KFUkittL\G 1i(CS �f:�ii.ii
- `E 063. U09
1
•
between N.E. 2 Avenue and North Bayshore Drive.. subject to the terms and conditions
set forth herein below, and in further consideration of these premises, the COLNITY does
hereby agree with the CITY as follows:
(1) The foregoing recitals are true and correct and are made a part hereof.
(2) The COUNTY is hereby granted permission to install the aforementioned
COUNTY owned and operated IMPROVEMENTS on the DEPARTMENT'S
owned street of N.E. 13th Street and N.E. 14th Street between N.E. 2nd Avenue and
North Bayshore Drive in accordance with the South Florida Building Code and
the CITY'S Engineering Standards for Design and Construction, Public Works
Manual dated April 1998 and Standard Contract Documents and Specifications
for Public Works Projects dated September 1998.
(3) The COUNTY shall be responsible at no cost to the CITY for the
maintenance, repair and replacement, if necessary, of all the non-standard
improvements installed under this Agreement, or subsequent amended limits
mutually agreed to in writing by both parties. The. County shall be responsible for
the maintenance activities described below:
(3a) To repair or replace any damaged or deteriorated IMPROVEMENT
that due to normal ware and tear may present a safety hazard for those
using or intending to use the right-of-way.
(3b) To repair or replace any of the IMPROVEMENTS damaged by
accident or natural disaster (i.e. hurricane, tornado, etc.).
(3c) To properly dispose of damaged components of said
IMPROVEMENTS or of dead or diseased plant material.
(3d) To replace all IMPROVEMENTS with the same grade and quality of
material as specified in the original specifications.
(4) "The COUNTY shall not be responsible for the clean-up, removal and disposal
of debris other than as contemplated in (3b) above from the CITY owned streets
of N.E. 13d' Street and N.E. 14th Street between N.E. 2`1 Avenue and North
Bayshore Drive or subsequent amended limits mutually agreed to in writing by
both parries following a natural disaster (i.e. hurricane, tornado, etc.).
(5) If, at any time while the terms of this AGREEMENT are in effect, it shall
come to the attention of the CITY that the COUNTY'S responsibility as
established herein or a part thereof are not being properly accomplished pursuant
to the terms of this AGREEMENT, the CITY may at its option issue a written
notice in care of the County Manager, Miami -Dade County, 111 N.W. Vt Street,
Suite 2910, Miami, Florida 33128-1994 to place County on notice thereof.
�- 203
-2-
Ui;"Zii, 'UU 14:ZY i'AA 3031?:.'7659
Pf,. tRF ikM 1 :NG .w'15
Thereafter, the COUNTY shall have a period of thirty (30) calendar days within
which to correct the cited deficiency or deficiencies. If said deficiencies are not
corrected within this time period the CITY may at its option, proceed as follows:
(5a) Maintain the IMPROVEMENTS declared deficient with CITY
and/or independent Contractor's material, equipment and personnel and
charge the cost to the COUNTY, or
(5b) Terminate this Agreement in accordance with Paragraph 9 herein
and remove, by CITY and/or independent Contractor's personnel the
entire COUNTY owned L'VIPROVEMENTS installed under this
AGREEMENT and charge the COUNTY for the reasonable cost of such
removal.
(6) It is understood between the parties hereto that the IMPROVEMENTS
covered by this AGREEMENT may be removed, relocated or adjusted at any time
in the future as found necessary by the CITY in order that the adjacent roads be
widened, altered or otherwise changed and maintained to meet with future criteria
or planning of the CITY.
(7) The COUNTY shall to the extent and within the limits of Section 768.28 F.S.
indemnify, defend and hold harmless the CITY from any claims, demands,
liabilities, losses or causes of action of any nature whatsoever arising out of the
use, construction, installation, alteration, repair, maintenance and/or removal of
the IMPRO`IEMENTS, or any part thereof, from and against any orders,
judgments or decrees which may be entered and from and against all costs,
attorneys' fees, expenses and liabilities incurred in the defense of such claim, or
in the investigation thereof.
(8) The CITY shall to the extent and within the limits of section 768.28 F.S.
indemnify, defend and save the COUNTY harmless from and against any and all
claims, liabilities, losses or causes of action of any nature whatsoever which may
arise out of this AGREEMENT or out of the CITY activities under this
AGREEMENT, including all other acts or omissions to act on the part of the
CITY or any person acting for or on the CITY'S behalf, and from and against any
orders, judgments or decrees which may be entered and from and against all costs,
attorneys' fees, expenses and liabilities incurred in the defense of such claims or
in the investigation thereof,
(9) The COUNTY herein expressly acknowledges that the permission granted by
the CITY to construct IMPROVEMENTS on CITY owned streets of N.E. IP
Street and N.E. 14`' Street between N.E. 2"d Avenue and North Bayshore Drive is
solely for the limited purposes set forth herein and does not constitute a lease and
that the rights of the COUNTY hereunder are not those of a tenant but is a mere
privilege to do certain acts on the CITY owned streets and that the CITY retains
l9 UU4, UUP
01 '2 b,' 00 14:22 1.�.� 300ir2�65; }'f:KfUKM1,ti� aH'i5 CE:�7Lft
DOS • 004
dominion, possession and control of the CITY streets and can unilaterally end the
permission herein granted to the COUNTY without any fault or breach or cause
whatsoever provided, however, that thirty (30) business days advanced written
notice is given to the COUNTY. The COUNTY does not and shall not claim at
any time any interest or estate of any kind or extent whatsoever in the city streets
by virtue of its use hereunder or by virtue of any expenditures incurred in
connection herewith. Furthermore, this Agreement is subject to termination under
any one of the following conditions:
(9a) If the COUNTY fails to comply with any provision of this
AGREEMENT.
(9b) If the COUNTY refuses to allow public access to any or all
documents, papers, letters, or other materials made or received by the
COUNTY pertinent to this AGREEMENT which are subject to provisions
of Chapter 119 Florida Statutes.
(10) The term of this AGREEMENT commences upon execution by both
parties and continue until termination as set forth in Paragraph 9 above.
(1 l) This writing embodies the entire agreement and understanding between
the parties hereto and there is no other agreement or understanding, oral or
written, with reference to the subject matter hereof, that is not merged herein and
superseded hereby.
(12) This AGREEMENT, regardless of where executed shall be governed by,
and constructed according to the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MIAMI -DADS COUNTY, FLORIDA
apolitical subdivision of the State of Florida
IM
Clerk
Approved as to form and
legal sufficiency:
Assistant County Attorney
M. R. Stierheim
County Manager
-4. CO- 903
O1'26, OU 14:22 UAX 3053717659 _ PE'R 'UkMING ARTS CENTEk
OOB:"009
AT'T'EST: THE CITY OF MIAIvTI, a municipal
Corporation of the State of Florida
BY: BY:
City Clerk Donald H. Warshaw,
City Manager
Approved as to form and correctness:
BY:
Alejandro Vilarello
City Attorney
01:'26%00 14:23 fAX 3053%7b59 PLXFO M ING ARTS CENTER Fg00b.`009
Exhibit "A"
TRACT "A" BOULEVARD TRACT, PLAT BOOK 100 AT PAGE 65 AS RECORDED IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND AN AREA LYING SOUTHEASTERLY
OF SAID TRACT 'A", BOUNDED BY THE WESTERLY RIGHT OF WAY LINE OF BISCAYNE
BOULEVARD AND THE NORTHERLY RIGHT OF WAY LINE OF N.E. 13TH STREET, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE EASTERLY
LINE OF SAID TRACT 'A", SAID POINT BEING 262.13 FEET SOUTHERLY OF A POINT OF
TANGENCY OF A 25 FOOT RADIUS CURVE AT THE NORTHEAST PORTION OF SAID
TRACT "A"; THENCE S02"06'21"E ALONG THE SOUTHERLY EXTENSION OF THE
EASTERLY LINE OF SAID TRACT "A" FOR 66.84 FEET TO THE POINT OF CURVATURE OF
A CIRCULAR CURVE TO THE RIGHT HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF
89057'37" AND A RADIUS OF 25.00 FEET; THENCE SOUTHERLY AND WESTERLY ALONG
THE ARC OF SAID CURVE FOR 39.25 FEET TO A POINT OF TANGENCY; THENCE
S87 -51'16"W FOR 56.61 FEET TO A POINT OF INTERSECTION WITH THE
SOUTHEASTERLY LINE. OF SAID TRACT "A"; THENCE N42055'14' ALONG THE
SOUTHEASTERLY LINE OF SAID TRACT "A" FOR 104.98 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE TO THE LEFT HAVING FOR ITS ELEMENTS A
CENTRAL ANGLE OF 45°01'35" AND A RADIUS OF 5.00 FEET; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE AND THE SO - ASTERLY LINE OF SAID TRACT "A"
FOR 19.65 FEET TO THE POINT OF BEGINNING- A PORTION OF LOT 5 , LOT 6,
AMENDED PLAT OF RICKMERS ADDITION TO CI I MIAMI, PLAT BOOK 4 AT PAGE
149; LOT 17, A PORTION OF LOT 18, LOT 19 JTHR H 21, "FIRST ADDITION TO
WALDEN COURT', PLAT BOOK 6 AT PAGE ION OF LOT 11, LOTS 12 THROUGH
16, BLOCK 3, PERSHING COURT, PLAT BOOK PAGE 147; A PORTION OF LOT 4,LOTS
5 AND 6, WALDEN COURT, PLAT BOOK A 48 %; THAT PORTION OF WALDEN
COURT (NOW N.E. 13TH TERRACE) LYIN WALDEN COURT, PLAT BOOK 4 AT
PAGE 148 Y: AND FIRST ADDITION T WA COURT, PLAT BOOK 6 AT PAGE 23; THAT
PORTION OF WALDEN COURT LY ES LY OF LOTS 17 AND 18, FIRST ADDITION
TO WALDEN COURT, PLAT B T AND THE EASTERLY RIGHT OF WAY LINE
OF BISCAYNE BOULEVARD, ECORDED IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA BEING LARLY DESCRIBED AS FOLLOWS: BEGIN AT
THE SOUTHEAST CORNE - F LOT AMENDED PLAT OF RICKMERS ADDITION TO THE
CITY OF MIAMI, PLAT BOO AT GE 149, THENCE S87051'16'W FOR 151.02 FEET;
THENCE N0200733W FOR 5. ; THENCE 687051'16'W FOR .27.25 FEET; THENCE
N47006'44'W FOR 14.14 FEETJH CE S87°51'16"W FOR 62.74 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE -TO THE RIGHT HAVING FOR ITS ELEMENTS A
CENTRAL ANGLE OF 9002'23" AND A RADIUS OF 25.00 FEET; THENCE WESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CURVE FOR 39.29 FEET TO A POINT OF
TANGENCY; THENCE NO2"06'21"W FOR 355.19 FEET; THENCE N88012'31"E FOR 283.51
FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE EAST, SAID
POINT BEARS N81 °47'45"W FROM THE CENTER OF THE NEXT DESCRIBED CURVE;
THENCE SOUTHERLY THROUGH A CENTRAL ANGLE OF 10021'48" AND A RADIUS OF
532.24 FEET ALONG THE ARC OF SAID CURVE FOR 96.27 FEET TO A POINT OF
TANGENCY; THENCE S02" 09'33"E FOR 30D.44 FEET TO THE POINT OF BEGINNING.
cl
-6-
� — Av e3
CITY OF MIAMI, FLORIDA .0
INTER -OFFICE MEMORANDUM CA=6
TO: The Honorable Mayor and DATE: FEB 2 Q 2,200 FILE
Members of the City Commission
SUBJECT: RESOLUTION for
Maintenance of Roadway
Improvements at the
FROM: REFERENCES: Performing Arts Center
/Onald H. Warshaw
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute a
roadway maintenance agreement with Miami -Dade County for
decorative roadway improvements adjacent to the proposed
Performing Arts Center of Greater Miami.
BACKGROUND:
As part of the Performing Arts Center of Greater Miami
development, Miami -Dade County desires to improve and beautify
the roadways surrounding the project with --non-standard''
installations in the public right-of-way. These installations
include custom roadway surfacing, plaza lighting, custom street
furniture, drop-off lanes and stormwater management systems. Two
of the rights-of-way scheduled for improvement, NE 13 Street and
NE 14 Street between North Bayshore Drive and NE 2 Avenue, are
under the jurisdiction of the City of Miami. As a condition of
approval of these improvements, the City is requiring that Miami -
Dade County execute a Maintenance Agreement for the -'non-
standard''
non-
standard'' improvements on the City's right-of-way. The County
has agreed with this request and will be performing all of the
installation and maintenance of the decorative improvements on
these streets at no cost to the City.
The attached Resolution authorizes the City Manager to execute a
formal agreement setting forth the terms and conditions for
maintenance of the decorative improvements.
AiL
D H W / RM /
271 J
c: Raul Martinez, Assistant City Manager
John H. Jackson, Acting Director, Public Works Department
0-3