HomeMy WebLinkAboutR-06-0070City of Miami
Legislation
Resolution: R-06-0070
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00103 Final Action Date: 2/9/2006
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 FORA 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
the centerline of Northeast 82 Street between "The Bank Condominium" residential building and "The
City of Miami
Page 1 of 2 File Id: 06-00103 (Version: 1) Printed On: 12/23/2016
File Number: 06-00103 Enactment Number: R-06-0070
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}
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.
City of Miami Page 2 of 2 File Id: 06-00103 (Version: 1) Printed On: 12/23/2016