HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www;miamigov.com
File Number: 15-01432 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A COVENANT RUNNING WITH THE LAND FOR NON-STANDARD
IMPROVEMENTS WITHIN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY
("COUNTY") AND STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF
SOUTHEAST 6TH STREET, SOUTHWEST/SOUTHEAST 7TH STREET,
SOUTHWEST/SOUTHEAST 8TH STREET AND SOUTH MIAMI AVENUE, MIAMI,
FLORIDA, AND FOR WHICH THE CITY WILL ENTER INTO AN INTERLOCAL
AGREEMENT(S) WITH THE COUNTY AND A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID COVENANT, IN
SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY WITH
BRICKELL CITY CENTRE PROJECT, LLC.
WHEREAS, on July 28, 2011, the City Commission adopted Ordinance No 13278, as amended by
Ordinance No. 13369 on March 28, 2013, approving the Brickell City Centre Special Area Plan
("SAP"), and
WHEREAS, the SAP includes non-standard improvements and enhancements within the
dedicated public right-of-way; and
WHEREAS, Brickell City Centre Project, LLC ("BCC") has requested permission from the City of
Miami ("City"), Miami -Dade County ("County") and the Florida Department of Transportation ("FDOT")
to construct and maintain certain non-standard improvements within the dedicated City, County and
State Road right-of-way along certain portions of Southeast 6th Street, Southwest/Southeast 7th
Street, Southwest/Southeast 8th Street and South Miami Avenue, Miami, Florida, ("Improvements");
and
WHEREAS, BCC has agreed to enter into a covenant running with the land for non-standard
improvements to operate, maintain and replace the Improvements, to assume all City obligations
pursuant to the Maintenance Memorandum of Agreement ("MMOA"), and to hold harmless and
indemnify the City; and
WHEREAS, the execution of said covenant is a precondition to the City's execution of an Interlocai
Agreement(s) with the County and a MMOA with the FDOT 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 i'f fully set forth in this Section.
Section 2. The covenant running with the land for the Improvements within the City, County and
State Road right-of-way along portions of Southeast 6th Street, Southwest/Southeast 7th Street,
City ofMianmi
Page 1 of 2 File Id: 15-01432 (Version: I) Printed On: 10/26/2015
File Number: 15-01432
Southwest/Southeast 8th Street and South Miami Avenue, Miami, Florida, is accepted.
Section 3. The City Manager is authorized{1} to execute said covenant, in substantially the
attached form, on behalf of the City with BCC.
Section 4. The covenant shall be executed prior to the City's execution: of an Interlocal
Agreement(s) with the County and a MMOAwith the FDOT regarding the Improvements.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VI(TORIA I ENDEZ
CITY ATTORNEY
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: 15-01432 (Version: 1) Printed On: 10/26/2015