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HomeMy WebLinkAboutR-15-0452City of Miami Legislation Resolution: R-15-0452 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01251 Final Action Date: 10/8/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THREE (3) INTERLOCAL AGREEMENTS WITH MIAMI-DADE COUNTY ("COUNTY"), IN SUBSTANTIALLY THE ATTACHED FORMS SHOWN ON ATTACHMENT "1", TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD STREETLIGHTS, NON-STANDARD STREET IDENTIFICATION SIGNS, NON-STANDARD HARDWARE FOR TRAFFIC SIGNS, NON-STANDARD DEVICES FOR NON -SIGNALIZED PEDESTRIAN CROSS -WALKS AND PAINTING OF TRAFFIC CONTROL HARDWARE AND SUPPORT SYSTEMS WITHIN THE COUNTY RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, DEPICTED IN ATTACHMENT "2", AS STATED HEREIN. WHEREAS, the 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, owners of property within the SAP district have requested permission from the City of Miami ("City") and Miami -Dade County ("County") to construct and maintain certain non-standard streetlights, non-standard street identification signs, non-standard hardware for traffic signs, non-standard devices for non -signalized pedestrian cross -walks and painting of traffic control hardware and support systems within the dedicated County public right-of-way along certain portions of Northeast 2nd Avenue, Miami, Florida, depicted in Attachment "2" ("Improvements"); and WHEREAS, the City and County are mutually desirous of providing assurances for the future continued maintenance, repair and replacement of the Improvements; and WHEREAS, the City Commission adopted Resolution No. 15-0292 on July 9, 2015 authorizing the City Manager to execute an Interlocal Agreement with the County to facilitate the installation and maintenance of the aforementioned Improvements; and WHEREAS, the Exhibits referenced in the "Covenant for Streetlights to Run With the Land", attached to Resolution No. 15-0292, have been modified and updated to conform with the herein expressed intent; and WHEREAS, pursuant to the terms of the Interlocal Agreement between the City and County, the City shall be responsible for the operation and maintenance of the Improvements; and WHEREAS, the City shall enter into covenant(s) running with the land with the owners of property within the SAP district whose property is adjacent to the Improvements that require said owners to operate, maintain and replace the Improvements and hold harmless and indemnify the City; City of Miami Page 1 of 2 File Id: 15-01251 (Version: 1) Printed On: 3/27/2018 File Number: 15-01251 Enactment Number: R-15-0452 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. This Resolution supersedes Resolution No. 15-0292 for the purpose of updating the Exhibit attached to Resolution No. 15-0292. Section 3. The City Manager is authorized {1} to execute three (3) Interlocal Agreements with the County, in substantially the attached forms shown on Attachment "1", to facilitate the installation and maintenance of the Improvements depicted in Attachment "2", provided that owners of property within the SAP district whose property is adjacent to the Improvements execute covenant(s) running with the land that require said owners to operate, maintain and replace the Improvements and hold harmless and indemnify the City. Section 3. 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: 15-01251 (Version: 1) Printed On: 3/27/2018