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Resolution: R-09-0026
File Number: 08-00953
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/15/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND PERMITTING THE CONSTRUCTION AND MAINTENANCE OF
A NINE (9) LEVEL PEDESTRIAN OVERPASS OVER AND ACROSS THE PUBLIC
ALLEY LOCATED APPROXIMATELY 160 FEET SOUTH OF BIRD ROAD,
BETWEEN SOUTHWEST 38TH COURT AND SOUTHWEST 38TH AVENUE, MIAMI,
FLORIDA, BY 3031 INVESTMENT CORPORATION, IN ORDER TO CONNECT THE
NEWLY CONSTRUCTED PROFESSIONAL BUILDING AND PARKING GARAGE
LOCATED AT 3850 BIRD ROAD, MIAMI, FLORIDA, WITH A MINIMUM VERTICAL
CLEARANCE OF 16 FEET ABOVE THE SURFACE OF THE PUBLIC ALLEY;
CONDITIONED UPON THE 3031 INVESTMENT CORPORATION EXECUTING A
COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED
FORM, 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, AMONG OTHER TERMS SET
FORTH THEREIN; PROVIDING FOR REQUIREMENTS PERTAINING TO THE
PLANS FOR THE CONSTRUCTION OF THE PEDESTRIAN OVERPASS; FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID COVENANT, FOR SAID
PURPOSE.
WHEREAS, 3031 INVESTMENT CORPORATION has requested an after the fact authorization of
the construction and maintenance of a nine (9) level 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 connects the second through the ninth levels with a
minimum vertical clearance of 16 feet above the surface of the public alley; and
WHEREAS, said alley is a public alley in the City of Miami, Florida (the "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, said covenant having been prepared by the City to conform with the
requirements of the City's Public Works Department and to be in a form acceptable to the City
Attorney; and
WHEREAS, as part of the covenant to run with the land, 3031 INVESTMENT CORPORATION
agrees that the alley between Southwest 38th Court to Southwest 38th Avenue, Miami, Florida, shall
be paved and shall be wholly maintained by 3031 INVESTMENT CORPORATION, including
landscaping, cleaning and overall beautification, and 3031 INVESTMENT CORPORATION further
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File Number: 08-00953 Enactment Number: R-09-0026
agrees that the pedestrian overpass shall not be occupied;
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'S construction of a nine (9) level pedestrian
overpass over and across the public alley located approximately 160 feet south of Bird Road between
Southwest 38 Court and Southwest 38 Avenue, located at 3850 Bird Road, Miami, Florida, to
connect a professional office building and a parking garage, with a minimum vertical clearance of 16
feet above the surface of the alley, is hereby authorized and permitted.
Section 3. 3031 INVESTMENT CORPORATION shall promptly execute a Covenant Running 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 to be prepared by the City
to conform with the requirements of the City's Public Works Department and to be in a form
acceptable to the City Attorney. 3031 INVESTMENT CORPORATION shall execute at least three (3)
triplicate originals of such covenant at least one of which is to be retained in the official records of the
City.
Section 4. As part of the covenant running with the land, 3031 INVESTMENT CORPORATION
agrees that the alley between Southwest 38th Court to Southwest 38th Avenue shall be paved and
shall be wholly maintained by 3031 INVESTMENT CORPORATION, including landscaping, cleaning
and overall beautification. 3031 INVESTMENT CORPORATION further agrees that the pedestrian
overpass shall not be occupied.
Section 5. The City Manager is authorized {1} to accept said Covenant, on behalf of the City for
said purpose.
Section 6. 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 {2}
of the alley to a condition satisfactory to the City.
Section 7. 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 {3} 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 8. The plans for construction of the pedestrian overpass {4} must conform to the
requirements of the Florida Building Code and the Charter and Code of the City, and shall be subject
to approvals or permits, as applicable, by the Departments of Building, Zoning, and Public Works.
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Section 9. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {5}
Footnotes:
{1} 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.
{2} 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.
{3} Id.
{4} It is understood that said pedestrian overpass shall be limited to pedestrian access for ingress
and egress purposes exclusively.
{5} 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.
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