HomeMy WebLinkAboutR-91-0187J"91-202
3/7/91
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RESOLUTION NO. 91 - 187
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A BISCAYNE
BOULEVARD AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MIAMI, WHICH DESIGNATES THE SIDEWALK PORTION
OF BISCAYNE BOULEVARD (STATE ROAD 5) BETWEEN
THE MIAMI RIVER AND NORTHEAST 24TH STREET FOR
THE CITY'S ASSUMPTION OF LIABILITY AND
RESPONSIBILITY FOR INSPECTION OF CONSTRUCTION
AND MAINTENANCE THEREOF.
WHEREAS, the Commission of the City of Miami, by Resolution
No. 88-628, dated July 14, 1988, approved, in principle, the
Master Design Plan for BISCAYNE BOULEVARD, referred to as the
BISCAYNE BOULEVARD NEW WORLD DESIGN, prepared by Roberto Burle-
Marx, dated April 20, 1988, hereinafter referrred to as the
"BISCAYNE BOULEVARD NEW WORLD DESIGN", as a development standard
for all future public and private improvements to the BISCAYNE
BOULEVARD public right-of-way and adjacent front yard area
setbacks, hereinafter referred to as the "SIDEWALK
IMPROVEMENTS",
from the Miami
River to Northeast 24th Street; and
WHEREAS,
the City intends to proceed with
the BISCAYNE
,
BOULEVARD NEW
WORLD DESIGN from the Miami River to
Northeast 24th
Street and is
seeking the cooperation of abutting property owners
by requiring
them to construct the SIDEWALK
IMPROVEMENTS.;
immediately abutting the property; and
WHEREAS, Biscayne Boulevard (State Road 5)
State Highway System under the jurisdiction
Department of Transportation; and "
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WHEREAS, the City of Miami and the Florida Department of
Transportation mutually recognize that the maintenance portions
of the State Highway System affected by this program would be
more efficiently and effectively performed by the City of Miami;
and
ATTACHMENTS
CONTAINED
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WHEREASr the City of Miami and the Florida bepartment of
Transportation mutually recognize the need for entering into an
agreement designating and setting forth the responsibilities of
the parties to this agreement;
NOWO THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MiAMI , PLORI DA a
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by referenced
hereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to F
execute a Biscayne Boulevard Agreement, in substantially the
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attached form, between the State of Florida Department of iL
Transportation and the City of Miami, designating the sidewalk<
portion of Biscayne Boulevard (State Road 5) between the Miami
River and Northwest 24th Street for the City's assumption of
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liability and responsibility for inspection of construction and
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maintenance thereof.
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AlSection
3. This Resolution shall become effective
immediately upon its adoption.
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PASSED AND ADOPTED this 14th day of arch , 1991.
XAVIER L. AREZ, MAYOR j
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ATT
* MAT7Y HIRAI
CITY CLERK
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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PREPARED AND APPROVED 13Y:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED 1 S TO FORM AND CORRECTNESS:
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CITY ATZ
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BISCAYNE BOULEVARD AGREEMENT
THIS AGREEMENT, entered into thisday of
19 by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter referred to as the
DEPARTMENT and the CITY OF MIAMI a municipal corporation of the State
of Florida, hereinafter referred to as the "CITY".
W I T N E S S E T H
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WHEREAS, the CITY is embarking on a program to beautify and enhance
streets within the corporate limits of the CITY; and �-
WHEREAS the Commission of the City of Miami, by Resolution No. 88-628,_
dated July 14, 1988 approved, in principle, the Master Design Plan for BISCAYNE
BOULEVARD, referred to as the BISCAYNE BOULEVARD NEW WORLD DESIGN, prepared by
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Roberto Burle-Marx, dated April 20, 1988, (the "BISCAYNE BOULEVARD NEW.WORLD ;.
DESIGN"), as a development standard for all future public and private
improvements to the BISCAYNE BOULEVARD public right-of-way and adjacent front
yard area setbacks, hereinafter referred to as the "SIDEWALK IMPROVEMENTS",:`
from the Miami River to -Northeast 18th Street; and
WHEREAS, the CITY intends to proceed with the BISCAYNE BOULEVARD,NEW.WORLD`
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DESIGN from the Miami River to Northeast 18th Street and is seeking the
cooperation of abutting property owners by requiring them to construct the ti
SIDEWALKS 'immediately abutting the property; and
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"'..WHEREAS, the CITY:.and the DEPARTMENT mutually recognize that the r4
maintenance portions of the State Highway System affected by this: program'would
be more. efficiently and effectively performed by the CITY; and
WHRFAS, the CITY, ;and the DEPARTMENT mutually recognize the need -,fort
- entering into an agreement designating and setting forth the responlbilities }
ef. £the panties to this agre+mnentRT
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NOW THEREFORE, for and in consideration of the covenants herein
contained, it is mutually understood and agreed as follows:
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1. The following terms as used in this agreement are defined as follows.
"STREETS" - the portion of State Road 5 (Section 87030), also known
as BISCAYNE BOULEVARD, from the Miami River to Northeast 24th Street.
"STATE HIGHWAY SYSTEM" Those roads which are the jurisdictional
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responsibility of the DEPARTMENT as established pursuant to Florida Statutes.
"ROADWAY PORTION" - The portion of the STREET or HIGHWAY for the intended
use of vehicles. This would normally include the travel lanes, curb, parking
lanes,.drainage and any special lanes for the movements of vehicles.
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"SIDEWALK PORTION" - The portion of the STREETS which are not
required for the movement of vehicular traffic and are intended for the
movement of pedestrian traffic and may include landscape features (trees,' >.
grates, etc.).
2. The CITY agrees to assume liability for, to inspect the construction of,
and to routinely and periodically maintain the SIDEWALK PORTION of the STREETS
which have been constructed and modified in accordance with the BISCAYNE r
BOULEVARD NEW WORLD DESIGN.
nel and periodically maintain the
3. THE DEPARTMENT agrees to routinely p Y ar
ROADWAY PORTION of the STREETS less the landscape features and to be
responsible for the`'operation of this ROADWAY PORTION. Further, the DEPARTMENT'
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agrees to routinely and periodically maintain the SIDEWALK PORTION of the
STREETS that have not been modified -in accordance with the BISCAYNE BOULEVARD
NEW WORLD .DESIGN,'
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4. If, at any time during the term -of this agreement it shalt come to :t
the 'attention`of the DEPARTMENT thot the CITY is not meeting its
obligations with respect to maintenance of the SIDEWALK PORTION of the STItE`�,
the DEPARTMENT shall give the CITY written notice of such deficiencies in
meintenance and operation. Ther+safter, the CITY shall have A priQd.f tr
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(30) calendar days from the date of notice within which to correct the cited
deficiencies. In the event the CITY fails to respond to the notice, or, does
not make sufficient progress towards remedying the deficiencies within the
DEPARTMENT's sole determination, then the obligations of the CITY shall cease and the responsibility for maintenance and operations shall return to the
DEPARTMENT. In this event, the CITY, at its sole expense, shall restore the
SIDEWALK PORTION of the STREET to its original condition.
5. The CITY, and the DEPARTMENT each bind themselves and their
successors to the obligations respectively assumed by each hereunder.
Neither party shall assign, subject or transfer its interest under
this AGREEMENT without prior written consent of the others.
6. To the extent permitted by laws, the CITY covenants and agrees that
A TMENT d 11 f th
it will indemnify and hold harmless the DEP R an a o e
DEPARTMENT's officers, agents and employees from any claim, loss, damage,
cost, charge or expense arising out of any act, action, neglect or omission
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by the CITY in the performance of this AGREEMENT. Neither the CITY nor any
of their officers, agents or employees will be liable under this section for
damages arising out of injury or damages to persons or properties directly
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caused or resulting from sole negligence of the DEPARTMENT or any of its
officers, agents or employees.
7. This agreement or part thereof is subject to termination under any one of �y
the following conditions:`
a) In the event the DEPARTMENT exercised the option
identified by Item Four (4) of this agreement.
b) As mutually agreed to by all parties with a thirty (30)
day written notice.
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8. 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 areiK
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not merged herein and superseded hereby. No alteration, change or }ti
modification of the terms of the AGREEMENT shall be valid unless made h_
in writing and signed by each party hereto. This AGREEMENT, regardless of
where signed shall be governed and constructed"according to the laws of A
the State of Florida.
9. Attached hereto is a certified copy of a Resolution of the CITY of
Miami Commission authorizing the the CITY Manager to enter into this
AGREEMENT designated Exhibit "A" and by this reference made a part hereof.
IN WITNESS THEREOF, the parties hereto set their hands and seals
the day and year first above written.
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
Approved
as to Form & Legality:.
a
By:
Attorney
Date
District Secretarys
Department of Transportation
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Approved
as to Form:
Attest:
,
Departmentof Transportation
City Attorney
By
City Manager,
City of Miami
Attest:
City er ,
City of Miami
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February 8, 1991
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Mr. James J. Kay, P.E.
Assistant Director
The City of Miami
275 N.W. Second Street
Miami, Florida 33128
Dear Mr. Kay:
RE: Burle-•Marx Sidewalk Plan, State Road 5, Biscayne Boulevard,
Section Number 87030, Dade County
Per our telephone conversation, enclosed are the corrected copies of the
Biscayne Boulevard Agreement.
Please have them executed and returned to this office for processing.
Thank you very much.
Sincere
G s eg P.E.
District Maintenance Engineer
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Enclosures
cc: Stan Cann, Director of Operations
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Debora Moran Rivera, District Permit
Engineer
Dennis Burke, South Dade Maintenance
Permit/Contract Engineer
File
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91- 187
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CITY OF MIAMI FLORIDA
} INTER -OFFICE MEMORANDUM
Yo: Honorable Mayor and Members of oarE: MAR 4
1991 FILE:
the City Commission
sua,ect: Resolution Authorizing
City Manager to Execute
Maintenance Agreement
FROM : REFERENCEs B u r l e Marx Design
Cesar H. 0 d i o
City Manager ENCLosuREsResolution
RECOMMENDATION:
I
j' The Department of Public Works respectfully recommends the
I, adoption of a Resolution authorizing the City Manager to execute
r a Biscayne Boulevard Agreement between the State of Florida
Department of Transportation and the City of Miami whereby the
City agrees to accept the liability, inspection of construction
and maintenance of the decorative sidewalk installed on Biscayne
Boulevard as part of the Biscayne Boulevard New World "Design,
prepared by Roberto B'urle-Marx.
BACKGROUND:
On. July 14, 1988, the City Commission approved Resolution No. 88-
628 approving, in principle, the Biscayne Boulevard New World
Design, a decorative sidewalk master plan prepared by Roberto
Burle-Marx. The design extends along Biscayne Boulevard from the
Miami River to N.E. 24th Street and with the cooperation of
abutting property owners the decorative sidewalk improvements are
beginning to be implemented.
Biscayne Boulevard (State Road 5y' is part of the State Highway
System under the jurisdiction of the Florida Department of
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Transportation and a permit for the construction of the
decorative sidewalk is required from the State of Florida. The
Florida Department -of Transportation and the Public Works
Department mutually recognize that the maintenance of the
decorative sidewalk installed under the Biscayne Boulevard New
Yr;
World Design would be more efficiently and effectively performed
by the City. The Public Works Department therefore recommends41
the adoption of a Resolution authorizing the City Manager to
execute a Biscayne Boulevard Agreement, attached hereto, whereby
the City agrees to accept the liability, inspection of
construction and maintenance of the decorative sidewalk installed
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on Biscayne Boulevard. This agreement applies only to the
sidewalk portion where the decorative Roberto Burle-Marx design
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will be implemented.
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