HomeMy WebLinkAboutR-15-0293City of Miami
Legislation
Resolution: R-15-0293
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00852 Final Action Date: 7/9/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR STREETLIGHTS AND RELATED STRUCTURES,
FIXTURES AND IMPROVEMENTS WITHIN THE DEDICATED PUBLIC
RIGHTS -OF -WAY THAT ABUT PORTIONS OF NORTHEAST 2ND AVENUE, MIAMI,
FLORIDA, A MIAMI-DADE COUNTY MAINTAINED ROADWAY, DEPICTED IN
EXHIBIT "C", ATTACHED AND INCORPORATED, AND FOR WHICH THE CITY OF
MIAMI HAS ENTERED INTO AN INTERLOCAL AGREEMENT WITH MIAMI-DADE
COUNTY.
WHEREAS, the Miami City Commission adopted Ordinance No. 13334 on July 26, 2012,
approving a Special Area Plan ("SAP") for the Design District, Miami, Florida; and
WHEREAS, the SAP includes non-standard improvements and enhancements within the
dedicated public right-of-way; and
WHEREAS, Oak Plaza Associates, LLC ("DACRA") desires to construct and maintain certain
non-standard streetlights and related fixtures within the dedicated Miami -Dade County public
right-of-way that abuts its properties in the Design District, ("Improvements"); and
WHEREAS, DACRA has agreed to enter into a Covenant running with the land to assume all
obligations and prerequisite regarding the Improvements and agrees to hold harmless and indemnify
the City of Miami on its properties non-standard streetlights to be constructed in the dedicated public
right of way; and
WHEREAS, the execution of the Covenant is precondition to the City of Miami's execution of
the Interlocal Agreement;
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 fully set forth in this Section.
Section 2. The City of Miami accepts a Covenant running with the land, in substantially the
attached form, for Improvements within the dedicated public rights -of -ways that abut portions of
Northeast 2nd Avenue, Miami, Florida, a Miami -Dade County maintained roadway, depicted in Exhibit
"C", attached and incorporated.
Section 3. The Covenant shall be executed prior to the City of Miami's execution of the
Interlocal Agreement regarding Improvements.
City of Miami
Page 1 of 2 File Id: 15-00852 (Version: 1) Printed On: 3/13/2018
File Number: 15-00852 Enactment Number: R-15-0293
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
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} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date 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: 15-00852 (Version: 1) Printed On: 3/13/2018