HomeMy WebLinkAboutR-07-0628City of Miami
Legislation
Resolution: R-07-0628
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01286 Final Action Date: 11/9/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND PERMITTING MILLENNIUM PARTNERS TO CONSTRUCT
AND MAINTAIN A TWO LEVEL PEDESTRIAN OVERPASS OVER AND ACROSS
SOUTHEAST 14 LANE BETWEEN THE "FOUR SEASONS TOWER AND HOTEL"
LOCATED AT 1441 BRICKELL AVENUE, MIAMI, FLORIDA, AND A PROPOSED
OFFICE BUILDING LOCATED AT 1451 BRICKELL AVENUE, MIAMI, FLORIDA,
EAST OF BRICKELL AVENUE, WITH A MINIMUM VERTICAL CLEARANCE OF 16
FEET ABOVE THE SURFACE OF THE LANE CONDITIONED UPON MILLENNIUM
PARTNERS EXECUTING A COVENANT TO INDEMNIFY IN FAVOR OF THE CITY
OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM; PROVIDING FOR A
PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS UPON
FAILURE OF MILLENNIUM PARTNERS TO MAINTAIN IT; PROVIDING FOR
REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF
THE PEDESTRIAN OVERPASS.
WHEREAS, Millennium Partners has requested permission to construct a two level pedestrian
overpass over and across Southeast 14 Lane between the "Four Seasons Tower and Hotel" located
at 1441 Brickell Avenue, Miami, Florida, and a proposed office building located at 1451 Brickell
Avenue, Miami, Florida; and
WHEREAS, said pedestrian overpass is to be located east of Brickell Avenue and connecting the
third and fourth levels with a minimum vertical clearance of 16 feet above the surface of the lane; and
WHEREAS, said lane is a public street in the City of Miami, Florida ("City"); and
WHEREAS, Millennium Partners agree 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 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. Millennium Partners is authorized and permitted to construct and maintain a two level
pedestrian overpass over and across Southeast 14 Lane east of Brickell Avenue between the "Four
Seasons Tower and Hotel," located at 1441 Brickell Avenue, Miami, Florida and a proposed office
building, located at 1451 Brickell Avenue, Miami, Florida, east of Brickell Avenue, with a minimum
vertical clearance of 16 feet above the surface of the lane.
City of Miami
Page 1 of 2 File Id: 07-01286 (Version: 1) Printed On: 4/19/2017
File Number: 07-01286 Enactment Number: R-07-0628
Section 3. Millennium Partners 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 Millennium Partners, its heirs, successors, or assigns shall fail to
properly maintain said pedestrian overpass so as to become hazard to the health, welfare and safety
of the general public, the City may, upon proper notice{1} require Millennium Partners to remove said
pedestrian overpass and restore any damage caused by such removal, to a condition satisfactory to
the City.
Section 5. If Millennium Partners, 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 any damage caused by such removal, 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. The pedestrian
overpass does not cross a state or county road.
Section 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{4}
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 Millennium Partners 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 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: 07-01286 (Version: 1) Printed On: 4/19/2017