HomeMy WebLinkAboutLegislation V1File Number: 08-00953
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND PERMITTING 3031 INVESTMENT CORPORATION TO
CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS OVER AND ACROSS
THE PUBLIC ALLEY LOCATED ONE HUNDRED SIXTY (160) FEET SOUTH OF
BIRD ROAD, BETWEEN SOUTHWEST 38TH COURT AND SOUTHWEST 38TH
AVENUE, MIAMI, FLORIDA, TO CONNECT THE NEWLY CONSTRUCTED
PROFESSIONAL BUILDING AND PARKING GARAGE LOCATED AT 3850 BIRD
ROAD, MIAMI, FLORIDA, WITH A MINIMUM VERTICAL CLEARANCE OF
SIXTEEN (16) FEET ABOVE THE SURFACE OF THE PUBLIC ALLEY;
CONDITIONED UPON 3031 INVESTMENT CORPORATION EXECUTING A
COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, TO INDEMNIFY IN
FAVOR OF THE CITY OF MIAMI; PROVIDING FOR A PROCEDURE FOR THE
REMOVAL OF THE PEDESTRIAN OVERPASS UPON FAILURE OF 3031
INVESTMENT CORPORATION TO MAINTAIN IT; AND FURTHER PROVIDING
FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION
OF THE PEDESTRIAN OVERPASS.
WHEREAS 3031 INVESTMENT CORPORATION has requested permission to construct a
pedestrian overpass over and across the public alley located 160 feet south of Bird Road between
Southwest 38th Court and Southwest 38th Avenue, located at 3850 Bird Road, Miami, Florida, to
connect a professional office building and a parking garage; and
WHEREAS, said pedestrian overpass is to have a minimum vertical clearance of sixteen (16) feet
above the surface of the public alley; and
WHEREAS, said alley is a public alley in the City of Miami, Florida ("City"); and
WHEREAS, 3031 INVESTMENT CORPORATION agrees to execute a covenant to run with the
land whereby it agrees 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 overpass, with said covenant 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, 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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. 3031 INVESTMENT CORPORATION is authorized and permitted to construct and
maintain a pedestrian overpass over and across the public alley located one hundred sixty (160) feet
City of Miami Page I of Printed On: 8/27/2008
City of Miami
City Hall
3500 Pan American
Drive
Legislation
Miami, FL 33133
www.miamigov.com
Resolution
File Number: 08-00953
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND PERMITTING 3031 INVESTMENT CORPORATION TO
CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS OVER AND ACROSS
THE PUBLIC ALLEY LOCATED ONE HUNDRED SIXTY (160) FEET SOUTH OF
BIRD ROAD, BETWEEN SOUTHWEST 38TH COURT AND SOUTHWEST 38TH
AVENUE, MIAMI, FLORIDA, TO CONNECT THE NEWLY CONSTRUCTED
PROFESSIONAL BUILDING AND PARKING GARAGE LOCATED AT 3850 BIRD
ROAD, MIAMI, FLORIDA, WITH A MINIMUM VERTICAL CLEARANCE OF
SIXTEEN (16) FEET ABOVE THE SURFACE OF THE PUBLIC ALLEY;
CONDITIONED UPON 3031 INVESTMENT CORPORATION EXECUTING A
COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, TO INDEMNIFY IN
FAVOR OF THE CITY OF MIAMI; PROVIDING FOR A PROCEDURE FOR THE
REMOVAL OF THE PEDESTRIAN OVERPASS UPON FAILURE OF 3031
INVESTMENT CORPORATION TO MAINTAIN IT; AND FURTHER PROVIDING
FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION
OF THE PEDESTRIAN OVERPASS.
WHEREAS 3031 INVESTMENT CORPORATION has requested permission to construct a
pedestrian overpass over and across the public alley located 160 feet south of Bird Road between
Southwest 38th Court and Southwest 38th Avenue, located at 3850 Bird Road, Miami, Florida, to
connect a professional office building and a parking garage; and
WHEREAS, said pedestrian overpass is to have a minimum vertical clearance of sixteen (16) feet
above the surface of the public alley; and
WHEREAS, said alley is a public alley in the City of Miami, Florida ("City"); and
WHEREAS, 3031 INVESTMENT CORPORATION agrees to execute a covenant to run with the
land whereby it agrees 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 overpass, with said covenant 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, 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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. 3031 INVESTMENT CORPORATION is authorized and permitted to construct and
maintain a pedestrian overpass over and across the public alley located one hundred sixty (160) feet
City of Miami Page I of Printed On: 8/27/2008
File Number. 08-00953
south of Bird Road between Southwest 38 Court and Southwest 38 Avenue, Miami, Florida, located at
3850 Bird Road, Miami, Florida, to connect the newly constructed professional office building and a
parking garage, with a minimum vertical clearance of sixteen (16) feet above the surface of the public
alley.
Section 3. 3031 INVESTMENT CORPORATION shall execute a covenant to run with the land, in
substantially the attached form, whereby it agrees 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 overpass, said covenant having been 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.
Section 4. In the event that 3031 INVESTMENT CORPORATION, its heirs, successors, or assigns
shall fail to properly maintain said pedestrian overpass so as to become a hazard to the health, welfare
and safety of the general public, the City may, upon proper notice, require 3031 INVESTMENT
CORPORATION to remove said pedestrian overpass and restore the right of way{1} of the alley to a
condition satisfactory to the City.
Section 5. If 3031 INVESTMENT CORPORATION, its heirs, successors, or assigns shall fail to
remove said pedestrian overpass as provided in Section 4 of this Resolution, then the City upon proper
notice (2) may contract for the removal of said pedestrian overpass and any and all costs incurred by
the City relative to said removal, including restoration of the alley, shall be placed as a lien against all
properties served by said pedestrian overpass.
Section 6. The plans for construction of the pedestrian overpass(3) shall conform to the
requirements of the Florida Building Code and the Charter and Code of the City, and shall be
approved for a permit by the Departments of Building, Zoning, and Public Works.
Section 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{4}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
City of Miami Page 2 of 3 Printed On: 8127/2008
File Number 08-00953
Footnotes:
{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 3031 INVESTMENT
CORPORATION are fully set forth in the covenant referred to in Section 3 hereof.
{2} Id.
{3} It is understood that said pedestrian overpass shall be limited to pedestrian access for ingress and
egress purposes exclusively.
{4} if the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it is passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 Printed On: 8/27/2008