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HomeMy WebLinkAboutR-94-0341J-94/348 4/14/94 RESOLUTION NO. 9 4" 341 A RESOLUTION AUTHORIZING AND PERMITTING THE UNIVERSITY OF MIAMI ("UNIVERSITY") TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS OVER AND ACROSS NORTHWEST 14TH STREET APPROXIMATELY 253 LINEAR FEET EAST OF THE CENTERLINE OF THE INTERSECTION OF NORTHWEST 12TH AVENUE AND NORTHWEST 14TH STREET BETWEEN THE PROFESSIONAL ARTS CENTER BUILDING AND THE SYLVESTER COMPREHENSIVE CANCER CENTER/UNIVERSITY OF MIAMI HOSPITAL AND CLINICS BUILDINGS WITH A MINIMUM CLEARANCE OF 16'6" FEET ABOVE THE CROWN OF NORTHWEST 14TH STREET, CONDITIONED UPON THE UNIVERSITY EXECUTING AN AGREEMENT WITH THE CITY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO INDEMNIFY THE CITY; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE OVERPASS UPON FAILURE OF THE UNIVERSITY TO MAINTAIN IT; FURTHER, PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE OVERPASS. WHEREAS, the UNIVERSITY has requested permission to construct a Pedestrian Overpass Bridge over and across Northwest 14th Street between the Professional Arts Center building located at 1150 N.W. 14th Street, Miami, Florida, and the Sylvester Comprehensive Cancer Center/University of Miami Hospital and Clinics buildings located at 1475 N.W. 12th Avenue, Miami, Florida; and WHEREAS, said Pedestrian Overpass Bridge is to be located approximately 253 linear feet east of the centerline of the intersection of Northwest 12th Avenue and Northwest 14th Street with a minimum clearance of 16'6" feet above the crown of Northwest 14th Street; and WHEREAS, Northwest 14th Street is a publ City of Miami, Florida (the "CITY"); and CITY COMMISSION MEETING OF MAY 0 5 1994 ResWuhon No. 341 WHEREAS, Dade County, Florida, ("DADE COUNTY"), is the owner of the majority of the land where the Sylvester Comprehensive Cancer Center building is located; and WHEREAS, the UNIVERSITY has a ninety (90) year lease with Dade County for the real property where the Sylvester Comprehensive Cancer Center is located; and WHEREAS, the term of the lease between the University and Dade County is from July 23, 1956 until July 22, 2046; and WHEREAS, the UNIVERSITY, as the owner of the Professional Arts Center building and the land on which said building is located and the owner of the Sylvester Comprehensive Cancer Center building and the Lessee under a 90 year lease, of the land on which said building is located, shall be responsible for the construction and maintenance of the Pedestrian Overpass Bridge; and WHEREAS, the UNIVERSITY agrees to execute an agreement to indemnify, defend, save and hold harmless the CITY from any claims, demands, or liabilities of any nature whatsoever arising out of the construction and maintenance of said Pedestrian Overpass, said agreement to be prepared to conform with the requirements of the Public Works Department of the City and to be in a form acceptable to the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: -- 2 - 04-- 341 ;F. Section 1 'The recitals and findii 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 UNIVERSITY is hereby authorized and permitted to construct and maintain a Pedestrian Overpass Bridge over and across N.W. 14th Street approximately 253 linear feet east of the centerline of the intersection of Northwest 12th Avenue and Northwest 14th Street with a minimum clearance of 16 ' 6 " feet above the crown of Northwest 14th Street, Miami, Florida. Section 3. The UNIVERSITY shall execute an agreement to indemnify, defend, save and hold harmless the CITY from any claims, demands or liabilities of any nature whatsoever arising out of the construction and maintenance of said Pedestrian Overpass, said agreement to be prepared by the City to conform with the requirements of the Public Works Department of the City of Miami and be in a form acceptable to the City Attorney. Section 4. The plans for construction of the Overpass-!/ 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. Section 5. This Resolution shall become effective immediately upon its adoption. 1� It is understood that said Overpass shall be limited to pedestrian access for ingress and egress purposes exclusively. 3 - �4- 341 PASSED AND ADOPTED this 5th day of May , 1994. (i i STEPHE14 P. CLARK, MAYOR ATTEST- SUBMITTED BY: ll&.'� �'- v tt-," MATTY HIRAI WALDEMAR E. LEE CITY CLERK DIRECTOR OF PUBLIC WORKS LEGAL REVIEW BY: APPROVED AS TO FORM AND CORRECTNESS: ^ �� 4�u <1. v r 1. / RMA M. ABELLA A. Q N JO , III ASSISTANT CITY ATTORNEY CITY ATTO - 4 - `'4- 341 CITY OF "A1AM1, FLORIDA �� INTER -OFFICE MEMORANDUM .11. Honorable Mayor and Members of the City Commission C e s►i T1d i o rit naaer RECOMMENDATION: DATE PR 2 c IM FILE SUBJECT Pedestrian Overpass by University of Miami Across N.W. 14th Street REFERENCES. ENCLOSURES. Resolution It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the University of Miami to construct and maintain a pedestrian overpass over and across N.W. 14 Street from the Professional Arts Center Building located at 1150 N.W. 14 Street and the Sylvester Comprehensive Cancer Center/University of Miami Hospital and Clinics Building located at 1475 N.W. 12 Avenue. n•o%v^nnuun The University of Miami has requested permission to construct and maintain a pedestrian overpass between two buildings owned by the University, one at 1150 N.W. 14th Street on the South side of Northwest 14 Street and the other at 1475 N.W. 12 Avenue on the North side of N.W. 14th Street. This will permit patients, physicians, staff and faculty to access the University's Hospital and Clinics building from the Professional Arts Center Building in a safe and expeditious manner. At the present time the only means of travel between these two buildings is to cross Northwest 14 Street at ground level which is a very heavy vehicular traveled street. The overpass will be fully enclosed and air-conditioned permitting travel during inclement weather conditions. In accordance with City of Miami Code Section 54.5-15, "Encroachments on. or in the rights -of -way, public easements, private easements or emergency access easements, exceptions", the City Commission, by resolution, may permit this encroachment over the public utility easement which does not unduly restrict use of the public right-of-way. ,r ��' 4- 341