HomeMy WebLinkAboutR-82-0393RESOLUTION TIO. 8 2• 3 9 3
RESOLUTION AUTHORIZING AND PERMITTING FLORTDA
EAST COAST PROPERTTE,Q�, TNC. TO CONSTRUCT AND
MATNTAIN A PEDESTRIAN OVERPASS AND WALKWAY
OVER AND ACROSS N.E. BAYSHORE DRTVE APPROX-
IMATELY 125 FEET NORTH OF N.E. 16 STREET BETWEEN
THE OMNI GARAGE ARID THE PLAZA VENETIA MARRIOTT
HOTEL.
!-IHEREAS, Florida East Coast Properties, Tnc. has requested
permission to construct a pedestrian overpass and walkway over and
across N.E. Bayshore Drive between the "imni Gara.�re located on the
easterly portion of Omni Tnternational, Tract A, (102-3) and the
Plaza Venetia I•11arriott I`otel located on the southerly portion of
Omni International, Tract B, (102-3); and
WHEREAC, said pedestrian nverrass and walkway to be located
approximately 125 feet north of 'N.I... 16 "treet with a minimum clearance
of 16.5 feet above the surface of N.E. Rnyshore Drive; and
!;HERrA , ':d.E. pa, shore Drive is a rublic street in the City
of !Iiami, Florida; and
on Arril 20, 1972, the City Comriissi.on of the City
of Miami passed Resolution Nlo. 72-114 authorizing Florida Last Coast
Properties, Inc. to construct and Rlaintain a pedestrian overpass and
walkway over and across N.E. Pays,hore Drive, said pedestrian overpass
and walkway was to be located several hundred feet north of the
present requested location, but was not and will not be constructed; and
WHEREAS, Florida East Coast Properties, Tnc. afrees 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 whatsoever arising* out of the construction
and maintenance of said pedestrian overpass and walkway; said
covenant to be prepared by the City of Miami and conform with the
requirements of the City of Miami Law Department and Public Works
Department.
NMI,!, THEREFORE, BE TT RE,-0LVED I',Y THE COIF MTSSION OF THE
CITY OF B9TAMT, FLORTDA.
CITY COMMISSION
MEETING OE
MAY 1 1 19M
0 i
Section 1. That Florida East Coast Properties, Inc., be
and is hereby granted permission, subject to the provisions of the
following sections, to construct and maintain a pedestrian overpass
and walkway over and across N.E. Bayshore Drive between the Omni
Garage located on the easterly portion of Omni Tnternational, Tract
A, (102-3), and the Plaza Venetia Marriott Motel located on the
southerly portion of Omni Tnternational, Tract B, (102-3).
Section 2. Said pedestrian overpass and walkway to be
located approximately 125 feet north of N.E. 16 ftreet with a
minimum clearance of 16.5 feet above the surface of N.T. Payshore
Drive.
Section 3. That Florida Fast Coast Properties, Tnc. shall
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 whatsoever arisinr out of the eoristruction
and maintenance of said pedestrian over rrns� and tiralkr:ay; said
covenant to be prepared by the City off' Mi,-Mj a1i,1 conform with the
requirements of the Cit of T^ia!�il Law Department and Public 1,4orks
Department.
I
ection 4. In the event that Florida Fast Coast Properties,
Inc., its heirs, successors, or assir;ns, -hall. fail to properly
maintain said nedestrian overpass and walkway so as to become a
hazard to the health, welfare and safety of the general public, the
City may, upon proper notice,* require Florida East Coast Properties,
Inc. to remove said overpass and walkway and restore the right of way
of N.E. Bayshore Drive to a condition satisfactory to the City.
Section 5. If Florida Fast Coast Properties, Inc. fails to
remove said overpass and walkway as provided in Section 4 of this
resolution, then the City may Contract*for the removal of said over-
pass and walkway, and any and all. costs incurred by the City relative
to said removal, including restoration of N.E. Bayshore Drive, shall
be placed as a lien against all properties served by said overpass
and walkway.
* 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 Florida East (Nast Properties, Inc.
are fully set forth in the covenant referred to in Section 3 hereof.
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82-393
Section 6. That the plans for the construction of the
pedestrian overpass and walkway*shall 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 Building; and Zoning
and Public Works.
PASSED AND ADOPTED this iith day of May, 1982.
Maurice A. Ferre
MAYOR
ATTEST:
City Clerk 900,
PREPARED A14D APPROVED BY:
Deputy City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
It is understood that said overpass and walkway shall be limited
to pedestrian access for ingress and egress purposes exclusively.
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32-393
92 11*11 -,*.-.,:Z-t:D":*71(:—'!'
Howard V. Gary
City Manager
April 28, 1982 -;--E
Reauest for Pedestrian
Overpass and Walkway across
C" N.E. Bayshore Drive
a Z zL 57 V t_ . I, s
W=iam E. Parkes
AsTIstant Direc o
De ment o b c ks -.-_._� F:� (For Commission Meeting
�J of May 11, 1982)
�
Lit
/ N
L X The Department of Public Works recommends
adoption of the resolution authorizing; and
permitting Florida East Coast Properties,
Inc. to construct and maintain a pedestrian
overpass and walkway over and across N.E.
Bayshore Drive approximately 125 feet north
of N.E. 16 Street between the Omni Garage
and the Plaza Venetia Marriott Notel.
The Florida East Coast Properties, Inc. has requested permission
to construct a pedestrian overnass and walkway over and across
N.E. Bayshore Drive between the Omni Garage located on the
easterly portion of Omni International, Tract A, (102-3) and the
Plaza Venetia Marriott Hotel located on the southerly portion of
Omni International, Tract B, (102-3).
The pedestrian overpass and walkway is proposed to be located
approximately 125 feet north of t1. 16 Street with a minimum
clearance of 16.5 feet above the surface of NI.E. Bayshore Drive.
N.E. Bayshore Drive is a public street in the City of Miami and is
under the ,jurisdiction of the City.'
On April 20, 1972, the City Commission passed Resolution No. 72-114
authorizinf-, Florida East Coast Properties, Inc. to construct and
maintain a pedestrian overpass and walkway and an access and egress
automobile ramp to parkin; facilities over and across N.E. Bayshore
Drive. See the attached cony of Resolution No. 72-114. The pedestrian
overpass and walkway was to be located several hundred feet north of
the present location. The pedestrian overnass and walkway and the
access and egress automobile ramp were not and will not be constructed.
Florida Fast Coast Properties, Inc. agrees 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
whatsoever arising out of the construction and maintenance of said
pedestrian overnass and walkway. The covenant will be j)renared by
the City of Miami and conform with the requirements of the City of
Miami Law Department and Public Works Department.
J.i .
Y
82-393
Howard V. Gary -2- April 28, 1982
In the event that Florida East Coast Properties, Inc., its heirs,
successors, or assigns, shall fail to properly maintain the
pedestrian overpass and walkway so it becomes a hazard to the
health, welfare and safety of the p-eneral public, the City may,
upon proper notice, require Florida East Coast Properties, Inc.
to remove said overpass and walkway and restore the right of way
of N.E. Bayshore Drive to a condition satisfactory to the City.
If Florida East Coast Properties, Inc. fails to remove said over-
pass and walkway upon proper notice, then the City may contract for
the removal of the overpass and walkway. Any and all costs incurred
by the City relative to said removal, including restoration of N.E.
Bayshore Drive, shall be placed as a lien against all properties
served by the overpass and walkway.
The plans for the construction of the pedestrian overpass and walkway
shall 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 Building and Zoning and Public Works.
WAM:rj
Resolution No. 72-114 and proposed resolution are attached
82-393