HomeMy WebLinkAboutR-94-0028J-94-30
1.2/03/93
RESOLUTION NO. 9 4 28
RESOLUTION AUTHORIZING AND PERMITTING JETRO CASH
AND CARRY ENTERPRISES OF FLORIDA, INC. ("OWNER") TO
CONSTRUCT AND MAINTAIN A PEDESTRIAN WALKWAY CANOPY
("CANOPY") OVER AND ACROSS THE PUBLIC UTILITY
BASEMENT EAST OF' NORTHWEST 12TH AVENUE, BETWEEN TWO
SEPARATE BUILDINGS, LOCATED AT 2041 NORTHWEST 12TH
AVENUE, MIAMI, FLORIDA, APPROXIMATELY 335 FEET
NORTH OF N.W. 20TH STREET, WITH A MINIMUM CLEARANCE
OF 16.0 FEET ABOVE THE SURFACE OF THE PUBLIC
UTILITY EASEMENT, CONDITIONED UPON THE APPLICANT
EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF THE
CITY; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF
THE CANOPY UPON FAILURE OF OWNER TO MAINTAIN IT;
AND FURTHER PROVIDING FOR REQUIREMENTS PERTAINING
TO THE PLANS FOR THE CONSTRUCTION OF THE CANOPY.
WHEREAS, OWNER has requested permission to construct a
canopy over and across the public utility easement east of N.W.
1.2th. Avenue and approximately 335 feet north of N.W. 20th Street
located at. 2041 Northwest .12.t-h Avenue, Miami, Florida; and
WHEREAS, said canopy is to have a minimum clearance of 16.0
feet above the surface of the public utility easement; and
WHEREAS, said public utility easement is in the City of
Miami, Florida; and
WHEREAS, OWNER agrees to execute a covenant to run with the
land to indemnify, defend, save and hold harmless the City of
Miami from any claims, demands or liabilities of any nature
whatsoever arising out of the cons t.ri.;.ci ion and maintenance of
sa.i.cl, cattopy, said covenant to be prepared by the City to conform
w.i.t.lt the .requirements of the Public Works Department of the City
Mi.am_i and to be in a form acceptable to the City Attorne�r;
CITY COMMISSION
MEETING OF
JA N 1 3 1994
Resolution No.
Q4- 28
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth 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. OWNER is hereby authorized and permitted to
construct and maintain a canopy over and across the public
utility easement east of Northwest 12•th Avenue, approximately 335
feet north of Northwest 20th Street between two separate
buildings located at 2041 Northwest 12th Avenue, with a minimum
clearance of 16.0 feet above the surface of the public utility
easement.
Section 3. OWNER shall execute a covenant to run with the
land whereby the OWNER agrees to indemnify, defend, save and hold
harmless the City of Miami from any claims, demands or
liabilities of any nature whatsoever arising out of the
construction and mainteriance of said canopy, said covenant to be
prepared by the City to conform with the requirements of the
Public Works Department of the City and to be in a form
acceptable to the City Attorney.
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94- 28
Section 4. In the event that OWNER, its heirs, successors,
or assigns, shall fail to properly maintain said canopy so as to
become a hazard to the health, welfare and safety of the general
public, the City may, upon proper notice require OWNER to remove
j said canopy and restore the public utility easement 1/ to a
condition satisfactory to the City.
Section 5. If OWNER its heirs, successors, or assigns, shall
fail to remove such canopy as provided in Section 4 of this
Resolution, then the City upon proper notice 2/ may contract for
the removal of said canopy and any and all costs incurred by the
City relative to said removal, including restoration of the
public utility easement shall be placed as a lien against all
properties served by said canopy.
Section 6. The plans for construction of the canopy shall
conform to the requirements of the South Florida Building Code,
and the Charter and Code of the City, and shall be approved for a
permit by the Departments of Planning, Building and Zoning and
Public Works.
The period of 30 days is considered proper notice and the
procedure for giving notice as well as the provisions
authorizing the City Manager to contract as agent for Owner
are fully set forth in the covenant referred to in Section 3
hereof.
- 3 - 94- 28
Section 7. This Resolution shall become effective
j immediately upon its adoption.
PASSED AND ADOPTED this 13th day of January , 1994.
�...J
j STEP N P. CLARK, YOR
ATTEST:
MATTY HIRA
CITY CLERK
SUBMITTED BY:
WALDEMAR E. LEE, DIRECTOR
DEPARTMENT OF PUBLIC WORKS
PREPARED AND APPROVED BY:
)4l 61k
164-1 G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Q
CITY ATTO Y
BUDGET REVIEW AND APPROVAL:
ASSISTANT MITY MANAGER
94- 28
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
..,......„ : �
TO: tionorable Mayor and Members DATE ,iAN 4 I994 FILE
of the City Commission
SUBJECT: pedestrian Walkway Canopy
at Jetro Cash and Carry
2041 N.W. 12 Avenue
FROM :
Cesa
City
Uio
ger
RECOMMENDATION:
REFERENCES:
ENCLOSURES:
Resolution
It is respectfully recommended that the City Commission adopt
the attached Resolution authorizing the owners of Jetro Cash and
Carry at 2041 N.W. 12 Avenue to construct and maintain a
pedestrian walkway canopy over and across the public utility
easement east of N.W. 12 Avenue and approximately 335 feet north
of N.W. 20 Street.
BACKGROUND:
The owners of Jetro Cash and Carry, located at 2041 N.W. 12
Avenue, have requested permission to construct and maintain a
pedestrian walkway canopy providing sheltered access for
customers to and from two separate buildings. The two buildings
are currently separated by a public utility easement east of
N.W. 12 Avenue. The proposed pedestrian walkway canopy would
provide sheltered access for customers by spanning the width of
the public utility easement.
In accordance with City Code Section 54.5-15, "Encroachments on
or in rights -of -way, public easement, private easements or
emergency access easements; exceptions", the City Commission, by
resolution, may permit this encroachment over a public utility
easement which does not unduly restrict use of the easement.
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