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HomeMy WebLinkAboutR-94-01110 1z • 1: � ' `•I •1 • RESOLUTION A1 IO A 11 PERMITTnG EQUITABLE ' ASSURANCE SOCIETY OF THE UNITED STATES I 'E ' al' . at .J•a•M • AS 111DQMamil)• CONSTRUCT n • all OVERPASS • al' AND ACROSS NaMMAST OMNI COHP=, IACATED AT BISCAYNE B(LMWARD AMID NORTHEAST 15TH STREET, MIAMI, FLORMA, SUBJECT TO: (1) BWITABDE E (ECUTING A COVENANT TO RLIN WITH THE LAND TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CITY OF imm FROM ANY CLAIMS, DEMANDS, OR LIABILITIES ' OF ANY NATURE WHATSOEVER ARISING OUT OF THE �- CO�ttSTRiTCrICN AND MAINTENANCE ` OF Sl�'m OVERPASS, SAID `- COVENANT TO BE PREPARED BY THE PUBLIC WORKS DEPARTMENT IlJ A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND (2) THE PLANS FOR COTTTSTRUCTION OF THE PEDESTRIAN OVERPASS CCNFO� TO THE REQU M34MTS OF THE SOUTH F? MMA BU MiDING CODE, THE CITY OF MIAMI CHARTER AND CODE, AND BEING APPROVED FOR A PERMIT BY THE DEPARTMENTS OF PLANNING, BUImn AND AND PUBLIC WORKS. G 1 WHEREAS, the Equitable Life Assurance Society of the United States, I (hereinafter referred to as "Equitable") has requested permission to construct a' pedestrian overpass over and across Northeast 15th Street between the Omni Metromover Station and Omni Complex located at Biscayne Boulevard and Northeast 15th Street, Miami., Florida; and WHEREAS, Northeast 15th street is a public street in the City of Miami., Florida; and WHEREAS, Equitable (or .its successor with respect to the subject ' Property at such time as the overpass is constructed) agrees to execute a covenant to run with the land to indemnify, defend, save and hold baxmless the City of Miami. from any olaims, demari s, or liabilities of any nature FEB 1 7 1994 R"oiudon Na 94- Ill T `c y r t l 4 1' ' whatsoever arising out of the oonstruotion and maintenance of said pedestrian overpass , said oavenant to be prepared by the publ.io Works Depa xtment . i n a form arooeptabl.e to the City Attorney; NOW, MM=, BE IT RESMVED BY THE cmasSiON OF mm CITY OF MTAMZ, FL R.MA: Section 1. The recitals and findings oontained in the Preamble to this Resolution axe hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Equitable Life Assurance Society of the United States is herebyauthorized and permitted to construct and maintain a pedestrian overpass over and aoross Northeast 15th Street between the Omni. Metromaver Station and the Omni. Complex located at Northeast 15th Street and Biscayne I' r Boulevard Miami., Florida, subject to: (1) Equitable exeouting a oovenant to run with the Land to indemnify, defend, save and bold harmless the City of Miami for any claims, demands or liabilities of any nature whatsoever arising out of the construction and maintenance of said pedestrian overpass, said covenant to be prepared by the Public Works Department, in a form ameptable to the City Attorney, and (2) the plans for construction of the pedestrian o� conforming to the requirements of the South Florida Building Code, the City of W aimi Chaster and Code, and being approved for a permit by the z Departments of Planning, Building and Zoning and Public Works. ep it is understood that said pedestrian overpass shall. be limited to pedestraan acoess for ingress and egress purposes exclusively. 9 4 - 111 -2- r r 3 107) Seo trion 3 • L B Resolution aball b8C3C}St18 @ffeQtiVe e1,y upon its ' adoption. PASSED AMID ADOPTED this 17 th day of February 19N. ! f ATTEST: , P • C11, MAYM MATtrf, Hmi CTT5t cum SUBKI TED BY; WALUEMAR E. LEE DTRHC = OF PUMZC WOMM MAL REVIEW BY: TRMA M. ABEUA ASSISTANT CITY ATI!OFM APPROVED AS TO R M AND CORUFJL' IMS ; A.. • ,ITT CI'1'St' M4118/IMAlbjrtbss 94- 111 -3- i