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HomeMy WebLinkAboutR-93-0717J-93-796 11/04/93 RESOLUTION NO. 9 3" 717 A RESOLUTION, WITH ATTACHMENT, APPROVING IN PRINCIPLE, THE IMPLEMENTATION OF A PROJECT WHEREBY THE COUNTRIES WHICH CONSTITUTE THE "AMERICAN CONTINENT", AS MORE PARTICULARLY SET FORTH ON EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN, WILL BE REPRESENTED BY THE INSTALLATION OF ALUMINUM OFFICIAL SEALS WHICH WILL BE PLACED ON STREET LIGHT POLES LOCATED ALONG THE RIGHT-OF-WAY IN THE AREA OF THE DOWNTOWN BUSINESS DISTRICT, ON BISCAYNE BOULEVARD BETWEEN SOUTHEAST 2ND AVENUE AND NORTHEAST 6TH STREET, SAID PROJECT HEREINAFTER TO BE KNOWN AS "THE AMERICAS MILE"; RECOGNIZING THE KIWANIS CLUB "THE AMERICAS" AS SPONSOR OF "THE AMERICAS MILE" SUBJECT TO ITS ENTERING INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CITY OF MIAMI, AFTER REVIEW AND APPROVAL BY THE CITY COMMISSION, AND SUBJECT TO COMPLIANCE WITH ALL CITY, COUNTY AND STATE REGULATIONS AND REQUIREMENTS. WHEREAS, the Kiwanis Club "The Americas" has requested the City Commission to approve, in principle, the implementation of a project entitled "The Americas Mile" in which aluminum official seals of countries which constitute the "American Continent" will be installed on existing concrete street light poles located along the right-of-way in the Downtown Business District; and WHEREAS, the City of Miami is responsible for the maintenance of the public rights -of -way within the above described area; and WHEREAS, the Kiwanis Club "The Americas" has agreed to assume the responsibility for the installation and maintenance of the aluminum official seals on the existing street light poles in the above described area; and ATTACHMENT (S) C 0 IN T A I cITY cobwsszox bZ ETING OF NOV 2 3 1993 Aow1ution Na 93- 717 WHEREAS, the City Commission wishes to grant the approval herein requested by the Kiwanis Club "The Americas", said approval being subject to an agreement which will include State and County regulations and requirements, and will receive final review and approval by the City Commission; 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. The implementation of a project is hereby approved, in principle, whereby the countries which constitute the "American Continent", as more particularly set forth on Exhibit "A", attached hereto and incorporated herein, will be represented by the installation of aluminum official seals which will be placed on street light poles located along the right-of- way in the area of Downtown Business District, on Biscayne Boulevard between Southeast 2nd Avenue and Northeast 6th Street, said project hereinafter to be known as "The Americas Mile". Section 3. The Kiwanis Club "The Americas" is hereby recognized as the sponsor of "The Americas Mile", subject to its entering into an agreement, in a form acceptable to the City Attorney, with the City of Miami, after review and approval by the City Commission, and subject to compliance with all City, County and State regulations and requirements. _2_ 9 3 - 717 Seotion 4. This Resolution shall beoome effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of November 1993. STEPHEN P. aARK MAYOR ATZI S MA TY HIRAI CITY CLERK SUBMITTED BY: W WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS LEGAL REVIEW BY: I A M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: M3954/IMA/bjr/bss -3- 93- 717 EXHIBIT "A" The following is the list of seals which will be displayed on "The Americas Mile" on Biscayne Boulevard: Antigua and Barbuda Argentina The Bahamas Barbados Belize Bolivia Brazil Canada Chile Colombia Costa Rica Cuba Dominica Dominican Republic Ecuador El Salvador Grenada Guatemala Guyana Haiti Honduras Jamaica Mexico Nicaragua Panama Paraguay Peru Puerto Rico St. Kitts and Nevis St. Lucia Saint Vincent and the Grenadines Suriname Trinidad and Tobago United States of America Uruguay Venezuela City of Miami Dade County State of Florida -4- 93- 717 CIT O- N-, 4%1,. r_OR;DA INTER -OFFICE MEMORANDUM CA=17 Honorabl a Mayor and Members of DATE " r� FILE the City Commission t, .1 1993 SUBJECT Resolution approving a program to install aluminum seals on Biscayne Boulevard =90M REFERENCES u The Americas toile" Cesar H. Odio City Manager ENCLOSURES: Resolution RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution approving, in principle, a program of installing aluminum seals in the Brickell Business District area to recognize those countries' that represent geografically the American continent. BACKGROUND: The Kiwanis Club "The Americas" has requested permission from the City to implement a program to install aluminum seals on the existing street light poles in the public right-of-way of Biscayne Boulevard between S.E. 2nd Avenue and N.E. 6th Street to recognize those countries by the Organization of American States. The Public Works Department has reviewed the proposed program from the Kiwanis Club and has deemed it acceptable for the process of installing the aluminum seals. The Kiwanis Club further requests that this program be officially designated as "The Americas Mile" and its plaza of the Americas. The Kiwanis Club "The Americas" has agreed to enter into an agreement with the City to assume the responsibility for the installation and maintenance of the aluminum seals, subject to approval of any new countries to be honored by the City Commission. It is respectfully recommended that the City Commission adopt the attached Resolution which approves "The Americas Mile" program developed by the Kiwanis Club "The Americas". 93- 717 con- I AGREENERr ' EXHIBIT "B" "RE AMERICAS MILE" THIS AGREEMENT, made and entered into this day of , 19 , by and between the KIWANIS CLUB "THE AMERICAS", a non-profit organization, parties of the first part, hereinafter called KIWANIS CLUB "THE AMERICAS", and the City of Miami, Florida, a municipal corporation of the State of Florida in the County of Dade, party of the second part, hereinafter called "CITY", and WHEREAS, KIWANIS CLUB "THE AMERICAS", has requested permission from the CITY to install aluminum seals within the dedicated public right-of-way of the Downtown Business District; and WHEREAS, the KIWANIS CLUB "THE AMERICAS" is preparing to undertake a project, within the public right-of-way, identified and known to the parties as "THE AMERICAS MILE" Project and described to be on Biscayne Boulevard from Southeast 2nd Avenue to Northeast 6th Street; and WHEREAS, the CITY and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and FP&L mutually recognize that due to the impact of the proposed "THE AMERICAS MILE" Project, the maintenance and operation of the proposed installation of aluminum seals to placed on existing street light poles on the public right-of-way from S.E. 2nd Avenue to N.E. 6th Street would be more efficiently and effectively performed by the KIWANIS CLUB "THE AMERICAS"; and WHEREAS, the KIWANIS CLUB "THE AMERICAS" will replace at its own expense the two "welcome" signs at Biscayne Boulevard similar to those existing signs adding the words "and its americas miles a tribute to the quality ethnic community of South Florida" bearing the name KIWANIS CLUB "THE AMERICAS". 93- 717 WHEREAS, CITY has required the execution of this agreement at a condition precedent to the granting of said permission to the Kiwanis Club to install the aluminum seals within the public right-of-way of the above described district; and WHEREAS, the City, FP&L and the State of Florida Department of Transportation recognize that due to the impact of the proposed installation of the seals on the existing street light poles along I Biscayne Boulevard between S.E. 2nd Avenue and N.E. 6th Street, the I maintenance, operation, and placement of aluminum seals would be more efficiently and effectively performed by the KIWANIS CLUB "THE AMERICAS" and under the supervision of the City. WHEREAS, the CITY, FP&L and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION mutually recognize the need for entering into an agreement designating and setting forth responsibilities. NOW, THEREFORE, in consideration of the express grant by City to allow the installation and maintenance of the aluminum seals within the dedicated public right-of-way of the Downtown Business District, subject to the terms and conditions set forth hereinbelow, and further consideration of these premises, KIWANIS CLUB "THE AMERICAS" does hereby agree with City as follows: 1. The foregoing recitals are true and correct and are made a part hereof as well as the use in this agreement are defined as follows: "STREETS Biscayne Boulevard from S.E. 2nd Avenue and N.E. 6th Street all in Miami, Dade County, Florida. 2. The KIWANIS CLUB "THE AMERICAS" agrees to routinely and periodically maintain the aluminum seals from the inception of the project. - 2 - 93- 717 0 3. Supporting brackets for the aluminum seals are to be installed only on poles not having primary voltage installations; that is lines or equipment operating at 4160V or above. 4. The maintenance and placement of all aluminum seals within the STREETS shall be at all times the responsibility of the KIWANIS CLUB "THE AMERICAS". 5. FP&L and the City reserves the right to remove and/or request removal of the seals and brackets for reasons we deem appropriate. 6. The CITY, FP&L and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION each bind themselves and their successors to the obligation respectively assumed by each hereunder. Neither party shall assign, subject, or transfer its interest under this agreement without prior written consent of the others. 7. The KIWANIS CLUB "THE AMERICAS" covenant and agree that they will indemnify and hold harmless the CITY, FP&L, and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and all of STATE's officers, agents, and employees from any claims, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by CITY and FP&L during the performance of the project, whether direct or indirect, and whether to any person or property to which STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION or said parties may be subject to. 8. The aluminum seals that are to be attached to these brackets which are to be attached to the existing street light pole are to be used only to identify the "THE AMERICAS MILE". - 3 - 93- 717 7 9. The CITY and FP&L will not provide the brackets and will not be responsible for their installation or removal. 10. Aluminum seals are to be installed only on street light poles. 11. CITY, FP&L and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION is not liable for any damage caused by any accident in which the proposed aluminum seals, brackets or its installation are involved, nor for the loss of property (aluminum seals, brackets :r hardware). 12. In case installed aluminum seals do not meet above conditions, CITY will notify the KIWANIS CLUB "THE AMERICAS" to remove within the next five (5) working days. 13. This writing embodies the entire AGREEMENT and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modification of the terms of this AGREEMENT shall be valid unless made in writing and signed by each party hereto. This AGREEMENT, regardless of where executed, shall be governed and construed according to the laws of the State of Florida. 14. Attached hereto is a certified copy of a Resolution of City of Miami Commission authorizing the City Manager to enter into this AGREEMENT designated as Exhibit "B" and by this reference made a part hereof. - 4 - (n :,, 93— 717 15. KIWANIS CLUB "THE AMERICAS" is hereby allowed to' install the aforementioned countries within the public right of way on the median area on the Downtown Business District (see description attached as "Exhibit A"), in accordance with City of Miami standards and specifications. 16. In the event KIWANIS CLUB "THE AMERICAS", its heirs, successors, or assigns, fails to properly maintain the aluminum seals so that in the sole discretion of the Director of the Department of Public Works they became a hazard to the health, welfare and safety of the general public, CITY shall give KIWANIS CLUB "TM AMERICAS" written notice of such failure via certified mail, return receipt requested. KIWANIS CLUB "TIE AMERICAS" shall, within ten (10) days from receipt of such notice, either (i) restore the aluminum seals to a safe condition satisfactory to CITY or (ii) remove the aluminum seals and restore the right of way to CITY standards at no cost or expense to CITY. 17. In the event KIWANIS CLUB "THE AMERICAS", its heirs, successors, or assigns, fails to either restore the aluminum seals to a safe condition satisfactory to CITY or remove aluminum seals and restore the right-of-way within the specified time, as set forth in Paragraph (16), CITY my remove the aluminum seals and deny the issuance of future seals. 18. Any notice, request, demand, approval or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail (return receipt requested postage prepaid), to the other parties at the addresses stated below or at the last charred address given by the party to be notified as hereinafter specified: -5- j S 93- 717 KIWANIS CLUB KIWANIS CLUB "THE AMERICAS" "'THE AMERICAS : P.O. Box 661687 Miami, Florida 33266-1687 CITY: CITY MANAGER THE CITY OF MIAMI P. 0. Box 330708 Miami, Florida 33133 and DIRECTOR -OF PUBLIC WORKS THE CITY OF MIAMI 275 N.W. Second Street Miami, Florida 33128 IN WITNESS WE PMF, KIWANIS CLUB "THE AMERICAS" has caused these presents to be executed and signed in its name by its proper officers and its corporate seal to be affixed hereto and attested to by its secretary, the day and year first above set forth. �. 93-- 717 I e 1st Witness to Both Signatures Print Name Print Address City, State and Zip Code 2nd Witness to Both Signatures Print Name Print Address City, State and Zip Code STATE OF FLORIDA) COUNTY OF DARE ) KIWANIS CLUB "THE AMERICAS," JUAN ROMERO, President AT=: CONSUELO BARRERA, Secretary CORPORATE SEAL The foregoing instrument was acknowledged before me this day of A.D., 19 , by JUAN RCHERO, President of the KIWANIS CLUB "THE AMERICAS", INC., a non-profit organization, on behalf of the organization. She is personally known to me or has produced as identification and did (did not) take an oath. (Signature of person taking acknowledgment) (Name of acknowledger typed, printed or stamped) -7- (Title or rank) (Serial number, if any) 93- 717 9 STATE OF FLORIDA) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of A.D., 19 , by CONSUELO BARRERA, Secretary of the KINANIS CLUB "THE AMERICAS", a non-profit organization, on behalf of the organization. She is personally known to me or has produced as identification and did (did not) take an oath. APPROVED AS TO FORM AND CORRECI'I�SS A. Quinn Jones, III City Attorney (Signature of person taking acknowledgment) (Name of acknowledger typed, printed or stamped) (Title or rank) (Serial number, if any) Department of Public Works �t 93