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