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HomeMy WebLinkAboutR-92-0626J-92-682 10/2/92 RESOLUTION NO. 9 � - 926 A RESOLUTION AUTHORIZING AND PERMITraiG THE PUBLIC HEALTH TRUST OF DADE COUNTY (THE "TRUST") TO CONSTRUCT AND MAINTAIN A PEDESTRIAN AND VEHICULAR OVERPASS (THE "OVERPASS") OVER AND ACROSS THE INTERSECTION OF BOB HOPE BOULEVARD AND NORTHWEST 18'TH STREET BETWEEN THE PROPOSED HIGHLAND PARKING STRUCTURE AND PARK PLAZA EAST PARKING STRUCTURE WITH A MINIMUM CLEARANCE OF 16.0 FEET ABOVE THE SURFACE OF THE INTERSECTION, CONDITIONED UPON THE TRUST EXECUTING Aim AGREMMU TO INDEMNIFY IN FAVOR OF THE CITY; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE OVERPASS UPON FAILURE OF THE TRUST TO MAINTAIN IT; PROVIDING FOR REQUIREND;NTS PERTAINING TO THE; PLANS FOR THE CONSTRUCTION OF THE OVERPASS; AND PROVIDING FOR AN EFFECTIVE DATE. WHERM, the Trust has requested psasnission to construct the Overpass over and across the intersection of Bob Hope Boulevard and Northwest 18th Street between the proposed Highland Parking Structure and the Park Plaza East Parking Structure; and WHEREAS, said Overpass shall be located diagonally over and across the intersection of Bob Hope Boulevard and Northwest 18th Street with a minimum clearance of 16.0 feet above the surface of the intersection; WMREAS, Bob Hope Boulevard and Northwest 18th Street are public streets in the City of Miami, Florida (the "City"); and AREAS, the Trust agrees to execute an agreement to indemnify, defend, save and hold harmless the City fr m. any claims, demands or CITY COMMISSION MEETING OF 0 CT 0 8 1992 nesomution No. g21_ 626 4 i liabilities of any nature whatsoever arising out of the construction and maintenance of the Overpass; said agreement 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; NOW, THEREFOREt BE IT RESOLVED BY THE COMMISSION OF Tim 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. The Trust is hereby authorized and permitted to construct and maintain the Overpass diagonally over and across the intersection of Bob Hope Boulevard and Northwest 18th Street between the proposed Highland Parking Structure and the Park Plaza East Parking Structure with a minimum clearance of 16.0 feet above the surface of the intersection, conditioned upon the Trust executing 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 Overpass; said agreement to be prepared by the City to conform with the requirements of the Public Works Department of the City and be in a form acceptable to the City Attorney. Section 3. In the event that the Trust, its heirs, successors, or assigns shall fail to properly maintain said Overpass so as to became a hazard to the health, welfare and safety of the general public, the City may, upon Proper noticel/ require the Trust to remove said Overpass and V The period of 30 days is considered proper notice and the procedure for giving notice is fully set forth in the agreement referred to in Section 4 hereof. -z- 92- 625 restore the rights -of way of Bob Hope Boulevard and Northwest 18th 3 Street to a condition satisfactory to the City. Section 4. 1n the event that the Trust fails to remove said F- overpass when so requested, the Trust shall be deemed to be in default, and the City Manager may cause the aforementioned structure to be removed at the expense of the Trust. The Trust agrees that all recourse against the City is hereby expressly waived as to any damages caused, consequential or otherwise, any portion, in whole or in part, of the remainder of the Trust's improvements, resulting from the removal of the aforesaid structures fran above the dedicated public rights -of -way of Bob Hope Boulevard and/or Northwest 18th Street. Section 5. The plans for construction of the Overpass2/ 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 6. This Resolution shall become effective thirty days after its adoption hereof. PASSED AND ADOPTED this 8 th day of G_- XAVIER L. SUARVZ, mt� -, D A HIRAI CITY CLERK 2/ it is understood that said Overpass shall be limited to pedestrian and vehicular access for ingress and egress purposes exclusively. -3- 9 2_ 626 s. 11 SU3bnTrW 13Y WUDMMR E. LEE ACTING DIRECTOR DEPARTMENT OF PUBLIC WORKS REVIEWED BYI rA 2 PA'W.W- Ong w- - MZIPM� &N VO � 0 MM v WaMly w ke ZZ14 v I D$ APPROVED AS M FORM AND CORRECTNESS: MY M3184/IM/b3t/bss 11 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM �' Cesar H. O City Manage RECOMMENDATION: BATE : OCT . u' ! FILE SUE,ECT :Jackson Hospital /H I gh i and Parking Structure Overpass REFERENCES: ENCLOSURES: Resolution It Is respectfully recommended that the City Commission adopt the attached Resolution authorizing and permitting the Public Health Trust of Dade County to construct and maintain a pedestrian and vehicular overpass over and across the Intersection of Bob Hope Boulevard and N.W. 18th Street between the proposed Highland Parking Structure and the Park Plaza East Parking Structure. BACKGROUND: The Public Health Trust of Dade County has submitted a Major Use Special Permit Application for a new vehicular parking structure for the use of the general public at the University of Miami/Jackson Memorial Medical Center. The development of this particular structure Is In accordance with the guidelines set forth In the 1991 Jackson Memorial Medical Facility Plan. The proposed parking structure Is to be located on the Highland Park site on the northeast corner of the Intersection of Bob Hope Boulevard and N.W. 18 Street. An Integral part of the parking structure plan submitted with the Major Use Special Permit Application Includes a pedestrian and vehicular bridge over the public right-of-way of Bob Hope Boulevard connecting the proposed parking structure on the Highland Park site to the existing Park Plaza East parking structure on the southwest corner of the same intersection. The purpose of the vehicular bridge Is -to encourage the general public's utilization of all the available parking facilities by conveniently and safely connecting the proposed parking garage to the medical complex and to Increase the safety on the surface public roadways by eliminating numerous vehicular/pedestrian crossings of Bob Hope Boulevard and N.W. 18 Street, a concept supported by the Public Works Department. The proposed overpass will not unduly restrict the use of the public right-of-way or affect the operation of emergency access vehicles. Page 1 of 2 92- 626 Honorable Mayor and Members of the City Commission 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. Page 2 of 2 92- 626