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Home My WebLink AboutR-00-1125J-00-1106 12/13/00 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING FOR ONE (1) YEAR, A TEMPORARY ENCROACHMENT CONSISTING OF TWO (2) EMERGENCY ACCESS FIRE ESCAPE STAIRWELLS, WITHIN THE DEDICATED RIGHT-OF- WAY (NORTHEAST 37" STREET ALLEY), FOR THE PROPERTY LOCATED AT 3701 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, WHICH IS OWNED BY POWER STUDIOS MIAMI, LIMITED LIABILITY CORPORATION, SUBJECT TO COMPLIANCE WITH THE PROVISIONS OF SECTION 54-191 OF THE MIAMI CITY CODE, WHICH REQUIRES A COVENANT, LIABILITY INSURANCE AND HOLD HARMLESS AND INDEMNITY AGREEMENT, AND ADDITIONAL. REQUIREMENTS AS SET FORTH HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. WHEREAS, the City Commission may approve requests for temporary encroachments within the dedicated rights -of -way pursuant to Section 54-191 of the Code of the City of Miami, Florida, as amended; and WHEREAS, Power Studios Miami, Limited Liability Corporation ("Power Studios"), has advised the City Commission that the second floor of its restaurant, located at 370.1 Northeast 2na � � � FIA 51 CQzaE CITY COMMISSION MEETING OF .DEC 1 4 2000��►►^++, Avenue, Miami, Florida, cannot be occupied until emergency access fire escape stairwells are constructed; and WHEREAS, the City recognizes that Power Studios is located in an area of redevelopment and is a popular destination for tourists and residents; and WHEREAS, Power Studios is in the vanguard of an economic resurgency in the City's Design District, representing the redevelopment activity within that area, in particularly, and the City in general, that the City Commission and the Administration has sought and encouraged; and WHEREAS, the Department of Public Works has determined that negative effect on the health, welfare or safety of the community will not exist by granting the requested temporary encroachment; and WHEREAS, Power Studios has formally requested a one (1) year temporary encroachment within a dedicated right-of-way for the construction of two (2) emergency access fire escape stairwells as shown on the survey attached as "Exhibit A"; and WHEREAS, the City Commission is agreeable to granting the requested one (1) year temporary encroachment subject to the conditions set forth below; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 2 of 5 - 1 9 • • Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A temporary encroachment, for one (1) year from the effective date of this Resolution, is granted to Power Studios Miami, Limited Liability Corporation, for two (2) emergency access fire escape stairwells to be located within a dedicated right-of-way (Northeast 37th Street Alley), for the property as shown on the survey attached as "Exhibit A", located at 3701 Northeast 2nd Avenue, Miami, Florida, subject to the following conditions: (1) compliance with all provisions of Section 54-191(c) of the Code of the City of Miami, Florida, as amended, which among other things requires, but is not limited to, a covenant, in a form acceptable to the City Attorney, to be recorded in the Public Records of Miami -Dade County, Florida; liability insurance (in an amount not less than $1,000,000.00 naming the City as an additional insured); and a Hold Harmless and Indemnity Agreement. All of the foregoing shall be completed within fifteen calendar days from the effective date of this Resolution; (2) commencement/completed application for the street closure and re -platting of the above -mentioned dedicated right-of-way (Northeast 37th Street Alley), as shown on Exhibit "A", within fifteen calendar days from the effective date of this Resolution; Page 3 of 5—�'� • • (3) actively pursue the above -mentioned street closure and re -platting procedures to the satisfaction of the Director of Public Works; and (4) completion of the above -mentioned street closure and re -platting within one year from the effective date of this Resolution. Section 3. The provisions of this Resolution, both approvals and conditions/limitations, shall run with the land and shall be included in the covenant required. by Section 54-191 of the Code of the City of Miami, Florida, and shall be recorded expeditiously in the Public Records of Miami -Dade County, Florida, at the.expense of the subject property owner. Section 4. The City Manager is authorized!/ to execute the necessary documents, in a form acceptable to the City Attorney with Power Studios for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor-2/. 1� 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. z/ 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. Page 4 of 5 PASSED AND ADOPTED this 14th day of December 2000. JOE CAROLLO, MAYOR 41-n t �" 1� -,,t indicate appr(,,,v I of In accordance with Miami Code Sec. 2.36, sinco PO4 jor did w, ndicat this legislation by signing it in the designated piaqp fravid�:,Pd, becomes effective with the elapse of ten (10 ays rn'ihe date f C, 'MIS 0-n regarding same, without the Mayor Fxerci (0. ATTEST: Walter n, '417 rk WALTER J. FOEMAN, CITY CLERK APPRO�AO FZAND CORRECTNESS IDRO VILAM OATTORNEY 4929:YMT:nr:BSS Page 5 of 5 01 0 LCT , , r �� l 5- Pa.•-5. S C FL 1, r W�I • �Y I rsV.l1 IFAAZJ 1 � •[`� o rrenol � i O 4e/ qee 1 d W .fe0 • err aeUe1Y —,.. Yam/ /,r lJf -sYr ll(nrY NEt37tlh STREET ALLEY 141 Fr ftbIr I; � �;�. %. �� \� �r �•� psi Il / NE.37th STREET 1 . Lu"..—. .—.—.._—.. .. I _ .— .._. .. .... r�- T' 1 1 I f1 1 I 1 1 EXHIBIT A u.Y e.r.mm �.s Muulrr.r ru ,. .. 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