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HomeMy WebLinkAboutR-15-0453City of Miami Legislation Resolution: R-15-0453 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01252 Final Action Date: 10/8/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING COVENANT(S) RUNNING WITH THE LAND FOR NON-STANDARD IMPROVEMENTS FOR NON-STANDARD STREET LIGHTS, 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 MIAMI-DADE COUNTY ("COUNTY") RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS DEPICTED IN ATTACHMENT "2", ATTACHED AND INCORPORATED, AND FOR WHICH THE CITY OF MIAMI HAS ENTERED INTO INTERLOCALAGREEMENTS WITH THE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID COVENANT(S), IN SUBSTANTIALLY THE ATTACHED FORM SHOWN ON ATTACHMENT "1", ON BEHALF OF THE CITY WITH THE PROPERTY OWNERS LISTED ON ATTACHMENT "3". 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, 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 street lights, 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, as depicted in Attachment "2" ("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 City Commission adopted Resolution No. 15-0293 on July 9, 2015 authorizing the City Manager to execute a Covenant to run with the land with Oak Plaza Associates LLC for the construction and maintenance of certain non-standard streetlights and related fixtures within the dedicated County right-of-way that abuts its properties in the Design District; and WHEREAS, the Exhibits referenced in the "Covenant for Streetlights to Run With the Land", attached to Resolution Nos. 15-0292 and 15-0293, have been modified and updated to conform with the herein expressed intent; and WHEREAS, the City Commission adopted Resolution No. 15-0291 on July 9, 2015 recognizing City of Miami Page 1 of 3 File Id: 15-01252 (Version: 1) Printed On: 3/27/2018 File Number: 15-01252 Enactment Number: R-15-0453 the Design District as a distinct City neighborhood and approving, subject to the approval of the County Traffic Director, the installation of alternative street identification signs within the SAP district; and WHEREAS, the owners of property within the SAP district adjacent to the Improvements, as listed on Attachment "3", have agreed to enter into covenant(s) running with the land whereby the property owners assume all obligations to operate, maintain and replace the Improvements and to hold harmless and indemnify the City on its properties and the Improvements to be constructed in the dedicated County public right-of-way depicted on Attachment "2"; and WHEREAS, the execution of said covenant(s) is a precondition to the City's execution of the Interlocal Agreements with County for said Improvements; 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. The City Commission accepts the covenant(s) running with the land for the Improvements within the County right-of-way along portions of Northeast 2nd Avenue, Miami, Florida, depicted in Attachment "2", attached and incorporated. Section 3. This Resolution supersedes Resolution Nos. R-15-0292 and R-15-0293 for the purpose of updating the Exhibits attached to the said Resolutions. Section 4. The City Manager is authorized {1} to execute said covenant(s), in substantially the attached form shown on Attachment "1 ", on behalf of the City with the property owners listed on Attachment "3". Section 5. The said covenant(s) shall be executed prior to the City's execution of the Interlocal Agreements with the County regarding the Improvements. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: City of Miami Page 2 of 3 File Id: 15-01252 (Version: 1) Printed On: 3/27/2018 File Number: 15-01252 Enactment Number: R-15-0453 {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 3 of 3 File Id: 15-01252 (Version: 1) Printed On: 3/27/2018