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RE:",0LUTI.-JN NtJ. 85-806
A RESOLUTION AUTHORI'ZING HND PERMITTING CIVIC
TOWERS ASSOC., LTD. AND T.M. ALEXANDER ASS'-)C.,
LTD., TO CONSTRUCT AND MAI NT,tiIN A PEDESTRIAN
FOOTBRIDGE OVER AND ACR,.JSS N.W. 1 i :3CREET R.aAD
(WAGNER CREEK) BETWEEN N.W. 1) STREET AND N.W.
18 STREET CONNECTING- T.M. ALEXANDER PLA,,A ON
THE NORTHEAST :TIDE OF t ., 1,3 STREET RJAD WITH
CIVIC TOWERS JN THE ;SOUTHwhST :SIDE SUBJECT T,")
THE EXECUTION OF A C:)VENAN T TO RUN WITH THE
LAND; SAID COVENANT TO BE PREPARED BY THE CITY
OF MIAMI IN CONFJRMANCE WITH THE REQUIREMENTS
OF THE CITY OF MIAMI LAW DEPARTMENT AND PUBLIC
WORKS DEPARTMENT.
WHEREAT;, Civic, Towers Assoc , Ltd. and T.',1. Alexander
Assoc., Ltd. hereinafter, referred to as Owners, nas requested
permission to construct a pedestrian footbridge over and across
N.W. 13 Street Road (Wagner Creek) between N.W. 1� Street and
N.W. 13 Street connecting the buildings Known as T.M. Alexander
Plaza on the northeast side of N.W. 16 Street Road and Civic
Towers on the soutnwt_st side of N.W. 13 Street Road; and
WHEREAS, said pedestrian footbridge is to be located per
plans submitted to the Department of Public WorKs; and
WHEREAS, N.W. 18 Street Road (Wagner CreeK) is a public
street in the City of Miami, Florida; and
WHEREAS, Civic Towers Assoc., Ltd. and T.M. Alexander
Assoc., Ltd. agree to execute a Covenant To Run With The Land to
indemnify, defend, save and hold harmless the City of Miami from
any claims, demands or liabilities of any nature wnatsoever
arising out of the construction and maintenance of said
pedestrian footbridge; said Covenant to be prepared by the City
of Miami in conformance with the requirements of the City of
Miami Law Department and Public WorKs Department;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
LJUL 25 19§5
W-78U8
i
4
Section 1. Civic Towers Assoc., Ltd and T.%I Alexander
Assoc., Ltd. (Florida Limited Partnersnips) are hereby granted
permission, subject to tree provision:; <,f the f'oll ,wing sections,
to construct and maintain a pedestrian footbridge over and
across i1.N. 13 Street Road (Wagner CreeK) between the biii ld ings
known as T.M. Alexander Plaza on the northeast side of N.W. 13
Street Road and the building kn,)wn as Civic Towers on the
southwest side of N.W. 13 Street Road.
0ection 2. Said pedestrian footbridge is to be located per
plans submitted to the Department of Public Works and snall be
used for pedestrian access only.
Section 3. The Owners snall fortnwitn execute a Covenant
To Run With The Land to indemnify, defend, save and nold
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 footbridge; said
Covenant is to be prepared by the City of Miami in conformance
with the requirements of the City of Miami Law Department and
Public Works Department.
Section 4. If the Owners, its successors, or assigns,
shall fail to properly maintain said pedestrian footbridge so as
to allow the same to become a hazard to the health, welfare and
safety of the general public, the City may, upon written notice
in accordance witn the terms of the Covenant referred to in
Section 3 hereof, require the Owners to remove said footbridge
and restore the rignt-of-way of N.W. 18 Street Road to a
condition satisfactory to the City.
Section 5. If' said footbridge is not removed as provided
in Section 4 of this Resolution, then the City may contract, as
agent for the Owners for the removal of said footbridge; any and
all costs incurred by the City relative to said removal,
including restoration of N.W. 13 Street Road snall constitute a
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lien and, if' not properly paid, snail be recorded as a lien
against all properties served by said footbridge, including but
not limited to the following:
T.M. ALEXANDER PLAZA (Northeast side of N.W. 13 Street Road)
Tract A, T.M. ALEXANDER SUBDIVISION according to
the Plat thereof, as recorded in Plat KOOK 123,
at Page 63, of the Public Records of Dade County,
Florida.
CIVIC TOWERS (Southwest side of N.W. 13 Street Road)
Tracts A and E, VENAGO SUBDIVISION according to
the Plat thereof, as recorded in Plat booK 117,
_ at Page 20, of the Public Records of Dade County,
Florida.
Section 6. Tne plans for the construction of the
pedestrian footbridge shall conform to the requirements of the
South Florida Building Code and the ordinances of the City of
Miami, and the construction shall not commence until a permit
for the construction is approved by the Department of Fire,
Rescue and Inspection Services and the Department of Public
Worxs.
PASSED AND ADOPTED this 25th day of July , 1985•
PREPARED AND APPROVED BY:
MIRIAM
ISTANT
MAE
CITY
ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
Maurice A. Ferre
MAURI CE A. FERRE
MAYOR
FROM
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and .Members
of the City Commission
Sergio Perei a �,,
City Manager
C
DATE
rMC
52
SUBJECT Renues;, for Pedestrian Footbridge
across N.W. 13 Street Road
(Wagner CreeK) between N.W.
REFERENCEJ9 Street and N.W. 18 Street
ENClO5uRE5.
(For Cg
Commission Meeting of
ljuly 25, 1985)
The Department of Public Works recommends
the adoption of the resolution authorizing
and permitting Civic Towers Assoc., Ltd.
and T.M. Alexander Assoc., Ltd., to
construct and maintain a pedestrian
footbridge over and across N.W. 18 Street
Road (Wagner Creek) between N.W. 19 Street
and N.A. 13 Street connecting i.M.
Alexander Plaza on the northeast side of
N.W. 18 Street Road with Civic Towers on
the southwest side.
Civic Towers Assoc., Ltd. and T.M. Alexander Assoc., Ltd. has
requested permission to construct a pedestrian footbridge over
and across N.W. 13 Street Road (Wagner CreeK) between N.W. 19
Street and N.W. 18 Street connecting T.M. Alexander Plaza on the
northeast witn Civic Towers on the southwest.
The pedestrian footbridge is proposed to be located per plans
submitted to the Department of Public Works. N.A. 18 Street
Road is a public street in the City of Miami and is under the
Jurisdiction of the City.
Civic Towers Assoc., Ltd. and T.M. Alexander Assoc., Ltd. agree
to execute a covenant to run with the land to indemnify, defend,
save and nold narmless the City of Miami from any claims,
demands or liabilities of any nature whatsoever arising out of
the construction and maintenance of said pedestrian footbridge.
Tne covenant will be prepared by the City of Miami and conform
wtn the requirements of the City of Miami Law Department and
Public Works Department.
?age 1 '�f
V
Sergio Pereira
City Manager
in the event that Civic Towers Assoc., Ltd. and T.M. Alexander
Assoc., Ltd., their heirs, successors, or assigns, sna21 fail to
properly maintain the pedestrian fcotbridge so it becomes a
hazard to the health, welfare and safety of the general public,
the Ci.y may, upon proper notice, require the owners to remove
said footbridge and restore the rignt of :ray of N.W. 13 Street
Road.
If the owners fail to remove said footbridge upon proper notice,
then the City may contract for the removal of the footbridge.
Any and all costs incurred by the City relative to said removal,
including restoration of N.W. 13 Street Road shall be placed as
a lien against all properties served by the footbridge.
The plans for the construction of the pedestrian footbridge
snall conform to the requirements of the South Florida Building
Code, the laws of the City of Miami, and be approved for a
permit by the Departments of Fire, Rescue and inspection
Services and Public Works.
W'j DWC:RB:ge
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