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HomeMy WebLinkAboutR-17-0043City of Miami Resolution R-17-0043 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1525 Final Action Date: 1/26/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS WITHIN STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF STATE ROAD ("SR") 90/SOUTHWEST 8TH STREET/US-41 FROM SOUTHWEST 1ST AVENUE TO SOUTHEAST 1ST AVENUE AND SR-90/SW 7TH STREET/US-41 FROM SW 1ST AVENUE TO SE 1ST AVENUE, MIAMI, FLORIDA AND TO INCLUDE PAINTING THE MAST ARMS POWDER COATED FLAT BLACK. 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 permission from the City of Miami ("City") and the Florida Department of Transportation ("FDOT") to construct and maintain certain non-standard improvements within the State Road Right -of -Way along certain portions of State Road ("SR") 90/Southwest 8th Street/US-41 from Southwest 1st Avenue to Southeast 1st Avenue and SR-90/Southwest 7th Street/US-41 from Southwest 1st Avenue to Southeast 1st Avenue, Miami, Florida ("Improvements"); and WHEREAS, the Maintenance Memorandum of Agreement ("MMOA") addressed the obligations of each party with respect to certain modifications and improvements within the FDOT Right -of -Way and easements within the above -referenced limits, under Department Permit # 2015 A 690 27; and WHEREAS, as part of the BCC project, the City required that the BCC project -related traffic signal mast arms on FDOT Right -of -Way, within City limits, be painted powder coated flat black; and WHEREAS, for purposes of additional BCC project improvements, the FDOT intends to issue Permit #2016 C 690 019, which permit also includes the powder coated flat black mast arms required by the City; and WHEREAS, as a result of the City's requirements for black powder coating of traffic signal mast arms on FDOT Rights -of -Way, within City limits, the parties have agreed to amend the MMOA to include the City's maintenance obligations with respect to the referenced traffic signal mast arms, included in Permit #2016 C 690 019; and City of Miami Page 1 of 2 File ID: 1525 (Revision:) Printed On: 3/20/2025 File ID: 1525 Enactment Number: R-17-0043 WHEREAS, the City and FDOT are mutually desirous of providing assurances for the future continued maintenance, repair and replacement of the Improvements; and WHEREAS, the City shall be responsible for the operation and maintenance of the Improvements; and WHEREAS, the City shall enter into a covenant running with the land with BCC to require BCC to operate, maintain and replace the Improvements and to hold harmless and indemnify the City; 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 MMOA, in substantially the attached form, to facilitate the installation and maintenance of the Improvements, provided that BCC has executed a covenant running with the land with the City to require BCC to operate, maintain and replace the Improvements and to hold harmless and indemnify the City. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 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. City of Miami Page 2 of 2 File ID: 1525 (Revision:) Printed on: 3/20/2025