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Home My WebLink AboutR-15-0365City of Miami Legislation Resolution: R-15-0365 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00986 Final Action Date: 9/10/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND PERMITTING THE CONSTRUCTION AND MAINTENANCE OF A SINGLE LEVEL PEDESTRIAN OVERPASS OVER AND ACROSS NORTHWEST 6TH STREET LOCATED APPROXIMATELY 70 FEET WEST OF NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, BY MIAMI SCHOOL GROUP LLC, IN ORDER TO CONNECT THE EXISTING SPORTS LEADERSHIP AND MANAGEMENT ("SLAM") CHARTER SCHOOL AT 604 NORTHWEST 12TH AVENUE AND THE PROPOSED SLAM II CHARTER SCHOOL AT 542 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, WITH A VERTICAL CLEARANCE OF APPROXIMATELY 69 FEET ABOVE THE SURFACE OF THE STREET; CONDITIONED UPON A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS UPON BREACH; ACCEPTING A ONE-TIME USER FEE IN THE AMOUNT OF $8,815.00; AUTHORIZING AND PERMITTING THE "SLAM!" SCHOOL IDENTIFICATION SIGNAGE TO BE AFFIXED TO, OR INCORPORATED INTO, THE DESIGN OF THE PEDESTRIAN OVERPASS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID COVENANT. WHEREAS, Miami School Group LLC has requested authorization for the construction and maintenance of a single level pedestrian overpass over and across Northwest 6th Street located approximately 70 feet west of Northwest 12th Avenue in order to connect the existing Sports Leadership and Management ("SLAM") Charter School at 604 Northwest 12th Avenue and the proposed SLAM II Charter School located at 542 Northwest 12th Avenue, Miami, Florida; and WHEREAS, said pedestrian overpass will connect the seventh levels with a vertical clearance of approximately 69 feet above the surface of the street; and WHEREAS, said Northwest 6th Street is a public street in the City of Miami, Florida ("City'); and WHEREAS, Miami School Group LLC desires to include the "SLAM!" school identification signage on the pedestrian overpass structure; and WHEREAS, Miami School Group LLC proffers a covenant running 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 and signage, said covenant to conform with the requirements of the City's Public Works Department and to be in a form acceptable to the City Attorney; and City of Miami Page 1 of 3 File Id: 15-00986 (Version: 2) Printed On: 3/22/2018 File Number: 15-00986 Enactment Number: R-15-0365 WHEREAS, in accordance with Section 55-14 of the City Code, Miami School Group LLC agrees to pay a one-time user fee in the amount of $8,815.00; 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. Miami School Group LLC's construction and maintenance of a single level pedestrian overpass over and across Northwest 6th Street located approximately 70 feet west of Northwest 12th Avenue, to connect the existing SLAM Charter School located at 604 Northwest 12th Avenue, Miami, Florida, and the proposed SLAM II Charter School located at 542 Northwest 12th Avenue, Miami, Florida, with a vertical clearance of approximately 69 feet above the surface of the street, is hereby authorized and permitted. The permitted encroachment shall be limited to a maximum height of 100 feet with dimensions only as depicted and approved on plans on file. The permitted encroachment shall not be interpreted to convey any property rights, and the City reserves all rights in the Northwest 6th Street right of way, including, but not limited to, air rights above the right of way. Section 3. Miami School Group LLC is hereby authorized and permitted to affix to, or incorporate into, the design of the pedestrian overpass the "SLAM!" school identification signage. The signage shall be included in the covenant running with the land, shall conform to the applicable signage and permitting requirements of the City Code and the Miami -Dade County Code, and shall not contain any advertising whatsoever. The sign shall be limited to the identification of SLAM. Section 4. Prior to issuance of a building permit, the Miami School Group LLC shall execute and record a Covenant Running with the Land, in substantially the attached form, and in accordance with Section 55-14(d), 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 and signage; said covenant to conform with requirements of the City's Public Works Department and to be in a form acceptable to the City Attorney. Miami School Group LLC 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 5. As part of the covenant running with the land, Miami School Group LLC agrees that the pedestrian overpass shall not be occupied and that the use of the overpass is strictly limited to pedestrians. Section 6. The City Manager is authorized {1} to accept said Covenant on behalf of the City for said purpose. Section 7. In the event that Miami School Group LLC, its heirs, successors, or assigns shall City of Miami Page 2 of 3 File Id: 15-00986 (Version: 2) Printed On: 3/22/2018 File Number: 15-00986 Enactment Number: R-15-0365 fail to properly maintain said pedestrian overpass and signage so as to become a hazard to the health, welfare and safety of the general public, the City may, upon proper notice {2}, require Miami School Group LLC to remove said pedestrian overpass and signage and restore the right-of-way of the street to a condition satisfactory to the City. Section 8. If Miami School Group LLC, its heirs, successors, or assigns shall fail to remove the pedestrian overpass and signage as provided in Section 7 of this Resolution, then the City may, upon proper notice {3}, contract for the removal of the pedestrian overpass and signage and any and all costs incurred by the City relative to said removal, including restoration of the street, shall be placed as a special assessment lien, equal in rank and dignity with liens of city and count ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the real property involved, against all properties served by said pedestrian overpass. Section 9. The plans for construction of the pedestrian overpass and signage {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, Planning and Zoning, and Public Works. Section 10. The payment of a one-time user fee from Miami School Group LLC to the City in the amount of $8,815.00 is hereby accepted. Section 11. 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 thirty (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 Miami School Group LLC are fully set forth in the covenant referred to in Section 4 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 (10) 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. City of Miami Page 3 of 3 File Id: 15-00986 (Version: 2) Printed On: 3/22/2018