Loading...
HomeMy WebLinkAboutR-92-0613J-92-674 10/2/92 RESOLUTION NO 9 P 613 A RESOLUTION AUTHORIZING AND PERMITTING NARON AND NARON, P.A. ("NARON") TO CONSTRUCT AND MAINTAIN A PEDESTRIAN WALKWAY AWNING (THE "AWNING") OVER AND ACROSS THE ALLEY EAST OF AND PARALLEL TO SOUTHWEST 27TH AVENUE, BETWEEN THE SHELL LUMBER HARDWARE DEPARTMENT AND THE SHELL LUMBER BUILDING MATERIAL DEPARTMENT, LOCATED AT 2733 SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, APPROXIMATELY 110 FEET NORTH OF SOUTHWEST 28TH LANE, WITH A MINIMUM CLEARANCE OF 16.0 FEET ABOVE THE SURFACE OF THE ALLEY, CONDITIONED UPON THE APPLICANT EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF THE CITY; PROVIDING FOR A PROCEDURE FOR THE REMOVAL.OF THE AWNING UPON FAILURE OF NARON TO MAINTAIN IT; AND FURTHER PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE AWNING. WHEREAS, NARON has requested permission to construct the Awning over and across the alley east of and parallel to Southwest 27th Avenue between the Shell Lumber Hardware Department and the Shell Lumber Building Material Department, located at 2733 Southwest 27th Avenue, Miami, Florida; and WHEREAS, said Awning is to be located approximately 110 feet north of Southwest 28th Lane with a minimum clearance of 16.0 feet above the surface of the alley; and WHEREAS, said alley is a public alley in the City of Miami, Florida (the "City"); and WHEREAS, Naron agrees to execute a covenant to run with the land whereby it agrees to indemnify, defend, save and hold CITY COMUSSION MEETING OF 0 C T 0 8 1992 Resolution No, 92- 613 apt n i i�a� r 0 harmless the City from any claims, demands or liabilities of any nature whatsoever arising out of the construction and maintenance of said Awning, 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 fora 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 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. Naron is hereby authorized and permitted to construct and maintain the Awning over and across the alley east of and parallel to Southwest 27th Avenue, approximately 110 feet north of Southwest 28th Lane between the Shell Lumber Hardware Department and the Shell Lumber Building Material Department, located at 2733 Southwest 27th Avenue, with a minimum clearance of 16.0 feet above the surface of the alley. Section 3. Naron shall execute a covenant to run with the land whereby it 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 Awning, 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. y .1 ;a -2- 92-- 613 Section 4. in the event that Naron, i-,s heirs, successors, or assigns shall fail to properly maintain said Awning so as to become a hazard to the health, welfare and safety of the general public, the City may, upon proper notice require Naron to remove said Awning and restore the rights -of -way1/ of the alley to a condition satisfactory to the City. Section 5. If Naron, its heirs, successors or assigns shall fail to remove said Awning as provided in Section 4 of this Resolution, then the City upon proper notice2/ may contract for the removal of said Awning and any and all costs incurred by the City relative to said removal, including restoration of the alley shall be placed as a lien against all properties served by said Awning. Section 6. The plans for construction of the Awning3/ 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. V 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 Naron and Naron, P.A. are fully set forth in the covenant referred to in Section 3 hereof. 2/ Id. 3/ It is understood that said Awning shall be limited to pedestrian access for ingress and egress purposes exclusively. i -3- 9 2 -- 613 PIE f Section 7. This Resolution shall become effective immediately upon its adoption. .' PASSED AND ADOPTED this Sth day of Octob r 1992. -AVIER L. ,SU REZ, MAYOR i< ATTE a MATTYOFHIRAI CITY CLERK SUBMITTED BY: i W WALDEMAR E. LEE, ACTING DIRECTOR DEPARTMENT OF PUBLIC WORKS j REVIEWED BY: i RMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: � U 'E •Q N J10v9s, I I 1 CITY ATT Y IMA:bss 187 -4- F CITY OF MIAMI, FLORIDACA � INTEROFFICE MEMORANDUM to: Honorable Mayor and Members of the City Commission FROM : Cesar H. Odio City Manager RECOMMENDATION: DATE : rA Ef. FILE SUBJECT: Pedestrian Walkway and Awning at Shell Lumber - 2733 S.W. 27 Avenue REFERENCES: Resolution, ENCLOSURES: Propery Owner Letter It Is respectfully recommended that the City Commission adopt the attached Resolution authorizing the owners of Shell Lumber at 2733 S.W. 27 Avenue to construct and maintain a pedestrian walkway awning over and across the alley east of S.W. 27 Avenue between the Shell Lumber hardware and building materials departments. BACKGROUND: The owners of Shell Lumber, located at 2733 S.W. 27 Avenue, have requested permission to construct and maintain a pedestrian walkway awning providing sheltered access for the general public to and from their hardware department structure and their building material department structure. The two buildings are currently separated by a public alley east of and parallel to S.W. 27 Avenue. The proposed pedestrian walkway awning would provide sheltered access for customers by spanning the width of the alley, and not Impede the general public's or utility companies' use of the public right-of-way. Vehicular traffic flow will be unaffected. In accordance with City Code Section 54.5-15, "Encroachments on or in rights -of -way, public easements, private easements or emergency access easements; exceptions", the City Commission, by resolution, may permit this encroachment over the public alley which does not unduly restrict use of the right-of-way.