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Home My WebLink AboutR-94-0662J-94-704 08/25/94 RESOLUTION NO. 9 4- 6 6 2 A RESOLUTION AUTHORIZING AND PERMITTING MIAMI- DADE COMMUNITY COLLEGE (MDCC), TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS AND WALKWAY OVER AND ACROSS NORTHWEST LOTH AVENUE (BOB HOPE ROAD), APPROXIMATELY 200 FEET SOUTH OF NORTHWEST 20TH STREET BETWEEN THE EXISTING MEYERS HALL BUILDING AND THE PROPOSED PHASE III BUILDING OF THE MEYERS HALL BUILDING WITH A MINIMUM CLEARANCE OF 16.5 FEET ABOVE THE SURFACE OF NORTHWEST LOTH AVENUE (BOB HOPE ROAD), CONDITIONED UPON MDCC EXECUTING A COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PROVIDING THAT: (1) MDCC SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF MIAMI AND (2) THERE SHALL BE A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS AND WALKWAY UPON FAILURE OF MDCC TO MAINTAIN SAID OVERPASS AND WALKWAY; FURTHER; PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE OVERPASS AND WALKWAY. WHEREAS, MDCC has requested permission to construct a pedestrian overpass and walkway over and across Northwest loth Avenue (Bob Hope Road) between the existing Meyers Hall Building and the proposed Phase III building of the Meyers Hall Building located at the MDCC Medical Center Campus, Miami, Florida; and WHEREAS, said pedestrian overpass and walkway is to be located approximately 200 feet south of Northwest 20th Street with a minimum clearance of 16.5 feet above the surface of Northwest loth Avenue (Bob Hope Road); and WHEREAS, Northwest loth Avenue (Bob Hope Road) is a public street in the City of Miami , Florida (the "City°); and CnT COrPCSMON KEETING OF SEP 0 8 1994 Resolution No. 94- 662 k WHEREAS, MDCC agrees to execute a covenant to run with the land whereby MDCC 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 maintenance of said pedestrian overpass and walkway, said covenant to be prepared by the City to conform with the. requirements of the Public Works Department of the City of Miami 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: 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. MDCC is hereby authorized and permitted to construct and maintain a pedestrian overpass and walkway over and across Northwest loth Avenue (Bob Hope Road) approximately 200 feet south of Northwest. 20th Street between the existing Meyers Hall Building and the proposed Phase III building of the Meyers Hall Building located at the MDCC Medical Center Campus, Miami, Florida, with a minimum clearance of 16.5 feet above the surface of Northwest loth Avenue (Bob Hope Road). 94- 662 -2- ` Section 3. MDCC shall execute a covenant to run with the land whereby MDCC agrees 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 and walkway, said covenant to be prepared by. the City to conform with the requirements of the Public Works Department of the City of Miami and to be in a form acceptable to the City Attorney. Section 4. In the event that MDCC, their heirs, successors, or assigns shall fail to properly maintain said pedestrian overpass and walkway so as to become a hazard to the health, welfare and safety of the general public, the City may, upon proper notice`/ require MDCC to remove said overpass and walkway and restore the rights -of -way of Northwest loth Avenue (Bob Hope Road) to a condition satisfactory to the City. Section 5. If NDCC fails to remove said overpass and walkway as provided in Section 4 of this Resolution, then the City upon proper notice/ may contract for the removal of said overpass and walkway and any and all costs incurred by the City relative to said removal, including restoration of Northwest loth Avenue (Bob Hope Road) shall be the responsibility of MDCC. Section 6. The plans for construction of the overpass and walkway/ shall conform to the requirements of the South Florida 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 MDCC is fully set forth in the covenant referred to in Section 3 hereof. 2/ Id. / It is understood that said overpass and walkway shall be limited to pedestrian access for ingress and egress purposes exclusively. -3- 94- 662 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 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th ay of September 1994. STEPH N P. CLARK. YOR A ES NATTY HIRAI CITY CLERK SUBMITTED BY: WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS PREPARED AND APPROVED BY: IRMA ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: At QU NN J S. III CITY ATTO Ift N4589/INA/bar 94- 662 -4- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 51 TO Honorable Mayor and Members of the City Commission FROM Cesar City M 10 r RECOMMENDATION: DATE 111It- j FILE. SUa,ECTPedestr I an Overpass and Walkway over N.W. 10 Avenue (Bob Hope Road) REFERENCES ENCLOSURES .Resolution, location map it is respectfully recommended that the City Commission adopt the attached Resolution authorizing Miami Dade Community College to construct and maintain a pedestrian overpass and walkway over and across N.W. 10 Avenue (Bob Hope Road) between the Meyers Hall Building and the Phase III building to the Meyers Hall Building located at the MDCC Medical Center Campus. BACKGROUND: Miami Dade Community College has requested permission to construct and maintain a pedestrian overpass and walkway to provide safe, sheltered access to and from the existing Meyers Hall Building and the proposed Phase III building of the Meyers Hail Building on the Medical Center Campus. These buildings are separated by the public right of way of N.W. 10 Avenue (Bob Hope Road). The pedestrian overpass and walkway is an Integral part of the MDCC proposed expansion of their Medical Center Campus to utilize all buildings and will provide safe, sheltered access for students, personnel and visitors by spanning the width of N.W. 10 Avenue. The general public's and utility companies' use of the public right-of-way will not be Impeded and vehicular traffic flow will be unaffected. In accordance with City 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 these encroachments over the public roadways which do not unduly restrict use of the right-of-way. N.W. 20th STREET I _ + r-------------------- — �--- I PROPOSED l PHASE III 1 I i wI EXISTING MEDICAL I BUILDING---fi i II CAMPUS 2 3 OPEN I I of I I I ZI 5 _ MEYERS HALL PROPOSED AA 4 tA i (3RD FLOOR) PARKINGNG- --- CITY OF MIAMI I GARAGE PUBLIC WORKS t I I I I I Ij-nTI I Li b b h b I i - I I 11111 II j I _ I _ i PROPOSED PEDESTRIAN BRIDGE SPANNING OVER N.W. 10TH AVENUE LEGEND ' _ I t NO. DESCRIPTION I � I I 1 FINANCIAL AID/REGISTRAR/ _ I , ADVISEMENT ' I It 2 MECHANICAL _ I I a\ 3 TOILETS 0 4 STUDENT ACTIVITIES/ ' _—PROPOSED CENTRAL UTILITIES PLANT S \ STUDENT CENTER ss" RpAO) o\ 5BURSAR/STOR. 0 800 `BEET lPR1VATE d 6 OUTDOOR STUDENT ACTIVITIES AREA EXISTING \ 8 COOLING TOYER / TRAUMA CENTER N 0 40 120 200 V V P-- B&Al NNW.. bdwln{ 1N..YN 4e1. Mf lar...r.Yww Ylnmt n�u. a,a 0 Pr.I.c1 N.— M.D.C.C/MEDICAL CENTER CAMPUS PHASE III comet. N.. 9382-001 S.M.: AS SHOWN D.E.; JUIY-19-94 Dr.— DJE Ch.ek.d: PA CARD Ill.: 9387\001\DOC-3-IL 3RD FLOOR/ SITE PLAN 9— "