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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1526 Date: 12/21/2016 Commission Meeting Date: 01/26/2017 Type: Subject: Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 Resolution Accept Covenant - Brickell City Centre 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, to include traffic signal mast arms, within certain portions of State Road right-of-way (SR-90/SW 8th St/US-41 from SW 1st Avenue to SE 1st Avenue and SR-90/SW 7th St/US-41 from SW 1st Avenue to SE 1st Avenue). Background of Item: The Brickell City Centre Special Area Plan (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 a Maintenance Memorandum of Agreement with the FDOT. 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 Legislative Division Reviewed B 12/21/2016 1:55 PM Luis Hernandez -Torres Christopher M Rose Nzeribe Ihekwaba Daniel J. Alfonso Valentin J Alvarez Juvenal Santana Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Department Head Completed Completed Completed Completed Completed 12/22/2016 7:50 AM 12/23/2016 8:33 AM 12/27/2016 10:39 AM 12/28/2016 1:10 AM 01/13/2017 12:27 PM Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Completed Completed Completed Completed Signed and Attested by the City Clerk Completed 01/13/2017 5:01 PM 01/17/2017 10:21 AM 01/26/2017 9:00 AM 01/31/2017 2:37 PM 01/31/2017 3:02 PM City of Miami Legislation Resolution Enactment Number: R-17-0042 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1526 Final Action Date:1/26/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A COVENANT RUNNING WITH THE LAND ("COVENANT"), IN SUBSTANTIALLY THE ATTACHED FORM, 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/SOUTHWEST 7TH STREET AND SOUTHEAST/SOUTHWEST 8TH STREET AND SOUTHWEST 1ST AVENUE, SOUTH MIAMI AVENUE AND SOUTHEAST 1ST 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; AND 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, the City Commission adopted Ordinance No. 13278 on July 28, 2011, as amended by Ordinance No. 13369 on March 28, 2013, approving a Special Area Plan ("SAP") for the Brickell City Centre, Miami, Florida; 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 authorization 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/Southwest 7th Street and Southeast/Southwest 8th Street with Southwest 1st Avenue, South Miami Avenue, and Southeast 1st Avenue, Miami, Florida ("Improvements"); and WHEREAS, BCC has agreed to enter into a covenant running with the land assuming all obligations and prerequisites regarding the operation, maintenance and replacement of the Improvements and holding harmless and indemnifying the City on its properties for the Improvements to be constructed in the City, County and State Road Right -of Way; and WHEREAS, the execution of said covenant is a precondition to the City's execution of an Interlocal Agreement(s) with the County and a Maintenance Memorandum of Agreement 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 if fully set forth in this Section. Section 2. The City accepts a covenant running with the land, in substantially the attached form, for the Improvements within the City, County and State Road Right -of -Way along portions of Southeast/Southwest 7th Street and Southeast/Southwest 8th Street with Southwest 1st Avenue, South Miami Avenue, and Southeast 1st Avenue, Miami, Florida. Section 3. The City Manager is authorized' to execute said covenant, in substantially the attached form, on behalf of the City with BCC. Section 4. Said covenant shall be executed prior to the City's execution of a Maintenance Memorandum of Agreement with the FDOT regarding the Improvements. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity (tor 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 City 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.