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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1021 Date: 09/19/2016 Commission Meeting Date: 10/13/2016 Type: Subject: Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 Resolution Covenant - Non -Standard Streetlights Purpose of Item: A Resolution of the Miami City Commission accepting and authorizing the City Manager to execute a covenant running with the land with Brickell City Centre Project, LLC (BCC) for the installation and maintenance of non-standard improvements, including street lighting, within the dedicated public right-of-way adjacent to the Property, including those portions of SE 6th Street and S. Miami Avenue in which the City accepted maintenance responsibilities from the Miami - Dade Interlocal Agreement. Background of Item: The Brickell City Centre SAP was adopted by Ord. No. 13278 on July 28, 2011 and amended by Ord. No. 13369 on March 28, 2013. The SAP includes non-standard improvements and enhancements within the public right-of-way. BCC has requested permission from the City, Miami -Dade County and Florida Department of Transportation (FDOT) to construct and maintain the non-standard improvements within City, County and State Road right-of-way adjacent to the SAP. BCC will construct the non-standard improvements, indemnify and hold the City harmless and be responsible for their maintenance by way of a covenant running with the land with the City. Execution of the covenant by BCC is required prior to the City's execution of an Interlocal Maintenance Agreement with the County. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Department of Resilience and Public Works Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Office of the City Attorney Office of the City Attorney Office of the City Attorney Office of the City Attorney Reviewed B 09/23/2016 4:59 PM Luis Hernandez -Torres Christopher M Rose Nzeribe Ihekwaba Daniel J. Alfonso Valentin J Alvarez Valentin J Alvarez Victoria Mendez Victoria Mendez Juvenal Santana Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Review Pending Skipped Approved as to Form and Correctness Approved as to Form and Correctness Department Head Completed Completed Completed Completed Completed 09/26/2016 11:25 AM 09/27/2016 2:34 PM 09/28/2016 12:05 PM 09/30/2016 11:53 AM 10/03/2016 5:32 PM 10/03/2016 5:32 PM Completed Completed City Commission Nicole Ewan Meeting Completed 10/13/2016 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 10/19/2016 6:01 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 10/19/2016 6:55 PM Office of the City Attorney Victoria Mendez Modifications made due to Scrivener's Error(s) Completed City of Miami Legislation Resolution Enactment Number: R-16-0481 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1021 Final Action Date:10/13/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BRICKELL CITY CENTRE PROJECT LLC TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD STREETLIGHTS WITHIN THE MIAMI-DADE COUNTY RIGHT- OF-WAY ALONG CERTAIN PORTIONS OF SOUTH MIAMI AVENUE BOUND ON THE SOUTHERN SIDE BY SOUTHEAST/SOUTHWEST 7TH STREET AND BOUND ON THE NORTHERN SIDE BY SOUTHEAST 6TH STREET, MIAMI, FLORIDA, IN THE AREAS DEPICTED IN THE SKETCH ATTACHED AS EXHIBIT "A". WHEREAS, on July 28, 2011, the City Commission adopted Ordinance No. 13278, as amended on March 28, 2013 by Ordinance No. 13369, 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") and Miami -Dade County ("County") to construct and maintain certain non- standard streetlights within the County Right -of -Way along certain portions of South Miami Avenue, bound on the southern side by Southeast/Southwest 7th Street and bound on the northern side by Southeast 6th Street, Miami, Florida ("Improvements"); and WHEREAS, the City and the County are mutually desirous of providing assurances for the future continued maintenance, repair and replacement of the Improvements; and WHEREAS, the City is responsible for the operation and maintenance of the streetlights pursuant to the Interlocal Agreement ("Agreement"); and WHEREAS, pursuant to Resolution No. 15-0540, the City Commission approved a covenant running with the land with BCC to require BCC to operate, maintain and replace the non-standard Improvements, and to hold harmless and indemnify the City; and WHEREAS, BCC has requested permission from the City and the County to construct future intersection improvements at Southeast 6th Street and South Miami Avenue; and WHEREAS, the execution of said covenant is a precondition to the City's execution of an Interlocal Agreement(s) with the 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 Manager is authorized' to execute a covenant running with the land, in substantially the attached form, with BCC to facilitate the installation and maintenance of non- standard streetlights within the County Right -of -Way along certain portions of South Miami Avenue, bound on the southern side by Southeast/Southwest 7th Street and bound on the northern side by Southeast 6th Street, Miami, Florida, in the areas depicted in the sketch attached as Exhibit "A". Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, Ginty Attor ey 1013/2016 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.