HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00103 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND PERMITTING MIDGUARD DEVELOPMENT GROUP, INC.
("MIDGUARD"), TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS
OVER AND ACROSS THE ALLEY EAST OF AND PARALLEL TO BISCAYNE
BOULEVARD, BETWEEN "THE BANK CONDOMINIUM" RESIDENTIAL BUILDING
AND "THE BANK CONDOMINIUM" PARKING GARAGE, LOCATED AT 8101
BISCAYNE BOULEVARD, MIAMI, FLORIDA, APPROXIMATELY 115 FEET SOUTH
OF THE CENTERLINE OF NORTHEAST 82 STREET, WITH A MINIMUM
VERTICAL CLEARANCE OF 14 FEET, 6 INCHES ABOVE THE SURFACE OF THE
ALLEY, CONDITIONED UPON MIDGUARD EXECUTING A COVENANT TO RUN
WITH THE LAND, 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 MIDGUARD
TO MAINTAIN IT; AND FURTHER PROVIDING FOR REQUIREMENTS
PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE PEDESTRIAN
OVERPASS.
WHEREAS, Midguard Development Group, Inc. ("Midguard"), has requested permission to
construct a pedestrian overpass over and across the alley east of and parallel to Biscayne Boulevard
between "The Bank Condominium" residential building and "The Bank Condominium" parking garage,
located at 8101 Biscayne Boulevard, Miami, Florida; and
WHEREAS, said pedestrian overpass is to be located approximately 115 feet south of the
centerline of Northeast 82 Street with a minimum vertical clearance of 14 feet, 6 inches above the
surface of the alley; and
WHEREAS, said alley is a public alley in the City of Miami ("City"); and
WHEREAS, Midguard agrees to execute a Covenant 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 City's Department of Public Works;
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. Midguard is authorized and permitted to construct and maintain a pedestrian overpass
over and across the alley east of and parallel to Biscayne Boulevard, approximately 115 feet south of
City of Miami Page 1 of 2 Printed On: 1/30/2006
File Number: 06-00103
the centerline of Northeast 82 Street between "The Bank Condominium" residential building and "The
Bank Condominium" parking garage, located at 8101 Biscayne Boulevard, with a minimum vertical
clearance of 14 feet, 6 inches above the surface of the alley.
Section 3. Midguard 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, with said Covenant to be prepared by the City to conform with the requirements
of the City's Department of Public Works.
Section 4. In the event that Midguard, its successors, or assigns shall fail to properly maintain said
pedestrian overpass so as to become hazardous to the health, welfare and safety of the general
public, the City may, upon proper notice require Midguard to remove said pedestrian overpass and
restore the rights -of -way of the alley to a condition satisfactory to the City.
Section 5. if Midguard, 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 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 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. {1}
APPRO
1
TO FORM A CORRECTNESS:
JORE L. `ERNANDEZ
CITY ATTONEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date of it was 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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