HomeMy WebLinkAboutR-92-0619J-92-6=78
10/2/92
RESOLUTION NO. 9 2 - 619
A RESOLUTION AUTHORIZING AND PERMITTING
RAILWAY CLERKS TITLE HOLDING COMPANY
("RCTHC") AND THE SCHOOL BOARD OF DADE
COUNTY, FLORIDA (the "SCHOOL BOARD"), TO
CONSTRUCT AND MAINTAIN TWO PEDESTRIAN
OVERPASSES AND WALKWAYS OVER AND ACROSS
NORTHEAST 2ND AVENUE, APPROXIMATELY 80 FEET
NORTH OF NORTHEAST 15 STREET BETWEEN THE
JEFFERSON PARKING GARAGE AND THE JEFFERSON
BUILDING WITH A MINIMUM CLEARANCE OF 20 FEET
ABOVE THE SURFACE OF NORTHEAST 2ND AVENUE AND
OVER AND ACROSS NORTHEAST 15TH STREET,
APPROXIMATELY 170 FEET WEST OF NORTHEAST 2ND
AVENUE BETWEEN THE SCHOOL BOARD
ADMINISTRATION BUILDING AND THE JEFFERSON
PARKING GARAGE WITH A MINIMUM CLEARANCE OF 40
FEET ABOVE THE SURFACE OF NORTHEAST 15TH
STREET, CONDITIONED UPON THE RCTHC AND THE
SCHOOL BOARD EXECUTING A COVENANT TO
INDEMNIFY IN FAVOR OF THE CITY; PROVIDING FOR
A PROCEDURE FOR THE REMOVAL OF THE OVERPASSES
AND WALKWAYS UPON FAILURE OF THE RCTHC AND/OR
THE SCHOOL BOARD TO MAINTAIN THEM; FURTHER
PROVIDING FOR REQUIREMENTS PERTAINING TO THE
PLANS FOR THE CONSTRUCTION OF THE OVERPASSES
AND WALKWAYS.
WHEREAS, RCTHC and the School Board have requested
permission to construct two pedestrian overpasses and walkways
over and across Northeast 2nd Avenue between the Jefferson
Parking Garage located at 1500 Northeast 2nd Avenue, Miami,
Florida, and the Jefferson Building located at 1500 Biscayne
Boulevard, Miami. Florida, and over and across Northeast 15th
Street between the School Board Administration Building located
at 1450 Northeast 2nd Avenue, Miami, Florida, and the Jefferson
CITY COM USSION.
MEETING OF
0 CT 0 8 1992
Aesolution no.
92- 619
Florida; and
WHEREAS, said pedestrian overpasses and walkways are to be
Located approximately 80 feet north of Northeast 15th Street with
a minimum clearance of 20 feet above the surface of Northeast 2nd
Avenue and approximately 170 feet west of Northeast 2nd Avenue
with a minimum clearance of 40 feet above the surface of
Northeast 15th Street; and
WHEREAS, Northeast 2nd Avenue and Northeast 15th Street are
public streets in the City of Miami, Florida (the "City"); and
WHEREAS, RCTHC (or its successor in interest with respect to
the subject Property at such time as the overpasses and walkways
are constructed) and the School Board agree to execute a covenant
to run with the land whereby they agree 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 overpasses and
walkways, 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 contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
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'h y
Section 2. RCTHC and the School Board are hereby
authorized and permitted to construct and maintain two pedestrian
overpasses and walkways over and across Northeast 2nd Avenue
approximately 80 feet north of Northeast 15th Street between the
Jefferson Parking Garage located at 1500 Northeast 2nd Avenue, `
Miami, Florida, and the Jefferson Building located at 1500
Biscayne Boulevard, Miami, Florida, with a minimum clearance of
20 feet above the surface of Northeast 2nd Avenue, and over and
across Northeast 15th Street approximately 170 feet west of
Northeast 2nd Avenue between the School Board Administration
Building, located at 1450 Northeast 2nd Avenue, Miami, Florida,
and the Jefferson Parking Garage located at 1500 Northeast 2nd
Avenue, Miami, Florida, with a minimum clearance of 40 feet above
the surface of Northeast 15th Street.
Section 3. RCTHC and School Board shall execute a
covenant to run with the land whereby they agree 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 overpasses and
walkways, said covenant 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. In the event that RCTHC and/or the School
Board, their heirs, successors, or assigns shall fail to properly
maintain said pedestrian overpasses and walkways so as to become
a hazard to the health, welfare and safety of the general public,
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4
the City may, upon proper noticel/ require RCTHC and/or the
School Board to remove said overpasses and walkways and restore
the rights -of -way of Northeast 2nd Avenue and Northeast 15th
Street to a condition satisfactory to the City.
Section 5. If RCTHC and/or the School Board fail to
remove said overpasses and walkways as provided in Section 4 of
this Resolution, then the City upon proper notice2/ may contract
for the removal of said overpasses and walkways and any and all
costs incurred by the City relative to said removal, including
restoration of Northeast 2nd Avenue and/or Northeast 15th Street,
shall be the responsibility of RCTHC and/or the School Board.
Section 6. The plans for construction of the overpasses
and walkways3/ 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 8. This Resolution shall become effective
immediately upon its adoption.
1/
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 RCTHC
and/or the SCHOOL BOARD are fully set forth
in the covenant
referred to in Section 3 hereof.
Id.
...
3/
It is understood that said overpasses and walkways shall be
fi
limited to pedestrain access for ingress and
egress purposes
exclusively.
-4-
92- 619
AN
h
PASSED AND ADOPTED this 8th day of 00
XAVIER
ATTB :
MATTY HIRAI
CITY CLERK
SUBMITTED BY:
WALDEMAR E. LEE, ACTING DIRECTOR
DEPARTMENT OF PUBLIC WORKS
REVIEWED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATT R Y
IMA:bjr ss.M3186
, 1992.
MAYOR
0 CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM : A���
Cesar H. Odlo
City Manager
RECOMMENDATION:
CA-3
DATE :� ;I�� FILE :
1 v ...
SUBJECT Pedestr Ian Overpass and Walkways
over N.E. 2 Avenue and N.E. 15
Street
REFERENCES:
ENCLOSURES: Resolution
it Is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the Railway Clerks Title Holding
Company and the School Board of Dade County to construct and
maintain 2 pedestrian overpass and walkways over and across N.E.
2 Avenue between the Jefferson Store Parking Garage and Jefferson
Building and over and across N.E. 15 Street between the School
Board Administration Building and the Jefferson Parking Garage.
BACKGROUND:
The owners of the Jefferson Store Building, Railway Clerks Title
Holding Company and the School Board of Dade County have
requested permission to construct and maintain 2 pedestrian
overpass and walkways to provide safe, sheltered access to and
from the School Board Administration Building, the Jefferson
Parking Garage and the Jefferson Store Building. These buildings
are currently separated by the public righter of -ways of N.E. 2
Avenue and N.E. 15 Street. The pedestrian overpass and walkways
are an Integral part of the School Boards proposed expansion of
their administrative complex to utilize all three buildings and
will provide safe, sheltered access for School Board's personnel
and visitors by spanning the width of N.E. 2 Avenue and N.E. 15
Street. 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 54.5-16, "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.
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