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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1527 Date: 12/21/2016 Commission Meeting Date: 01/26/2017 Type: Resolution Subject: Auth. - Maint. Memo of Agrmnt. Purpose of Item: Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 A Resolution of the Miami City Commission authorizing the City Manager to execute a Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) for the installation and maintenance of non-standard improvements, pattern pavement crosswalks, specialty surfaces, roadway lighting, landscape and decorative lighting within State Road right-of-way along certain portions of State Road (S.R.) 5/US- 1/US 41/SE 2nd Street from SE 3rd Avenue to SE 2nd Avenue, and S.R. 5/ US-1/US 41/SE 2nd Avenue from SE 2nd Street to SE 3rd Street. Background of Item: P & G Development, Ltd. and SE 2nd Avenue Apartments Investors, LLC (Developers) have requested permission from the City and the Florida Department of Transportation (FDOT) to construct and maintain the non-standard improvements within City and State right-of-way adjacent to MET III development project. The Developers have constructed the non-standard improvements, will indemnify and hold the City harmless and be responsible for their maintenance by way of a covenant running with the land with the City. The Developers have executed the required covenants prior to the City's execution of the 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: N/A Department of Resilience and Public Works Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Reviewed B 01/09/2017 10:43 AM Adine Cordero Christopher M Rose Nzeribe Ihekwaba Valentin J Alvarez Daniel J. Alfonso Juvenal Santana Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Department Head Completed Completed Completed Completed Completed 01/10/2017 5:17 PM 01/11/2017 1:15 PM 01/11/2017 3:10 PM 01/13/2017 10:25 AM 01/13/2017 10:27 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 01/17/2017 2:49 PM 01/17/2017 4:13 PM 01/26/2017 9:00 AM 01/31/2017 2:41 PM 01/31/2017 3:03 PM City of Miami Legislation Resolution Enactment Number: R-17-0044 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1527 Final Action Date:1/26/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A", TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS INCLUDING PATTERN PAVEMENT CROSSWALKS, SPECIALTY SURFACES, ROADWAY LIGHTING, LANDSCAPE AND DECORATIVE LIGHTING WITHIN THE STATE ROAD ("S.R.") RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF S.R. 5/US-1/US-41/SOUTHEAST 2ND STREET FROM SOUTHEAST 3RD AVENUE TO SOUTHEAST 2ND AVENUE, AND S.R. 5/US-1/US-41/SOUTHEAST 2ND AVENUE FROM SOUTHEAST 2ND STREET TO SOUTHEAST 3RD STREET, MIAMI, FLORIDA, AS STATED HEREIN. WHEREAS, the Florida Department of Transportation ("Department") has jurisdiction over State Road ("S.R.") 5/US-1/US-41/Southeast 2nd Street from Southeast 3rd Avenue to Southeast 2nd Avenue, and S.R. 5/US-1/US-41/Southeast 2nd Avenue from Southeast 2nd Street to Southeast 3rd Street, which is located within the limits of the City of Miami ("City"); and WHEREAS, the City has drafted design plans for beautification improvements on S.R. 5/US-1/US-41/Southeast 2nd Street from Southeast 3rd Avenue (M.P 0.088) to Southeast 2nd Avenue (M.P 0.166) and S.R. 5/US-1/US-41/Southeast 2nd Avenue from Southeast 2nd Street (M.P 0.166) to Southeast 3rd Street (M.P 0.226) ("Project"), the limits of which are described in Exhibit "B" ("Project Limits"), attached and incorporated; and WHEREAS, the parties to this Maintenance Memorandum of Agreement ("MMOA"), incorporated by reference in substantially the form attached as Exhibit "A", mutually recognize the need for entering into an MMOA designating and setting forth the responsibilities of each party with regards to the installation and maintenance of non-standard improvements including but not limited to the maintenance of the pattern pavement crosswalks, specialty surfaces and its concrete border, roadway lighting, decorative lighting and landscaping ("Improvements") installed pursuant to the Project; and WHEREAS, the MMOA addresses the obligations of each party with respect to certain modifications and improvements within Department Right -of -Way, and easements within the Project Limits, under Department Permit # 2015 A 690 27; 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 P & G Development, Ltd. ("P & G"), attached and incorporated as Exhibit "C", requiring P & G 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 form attached as Exhibit "A", to facilitate the installation and maintenance of the Improvements provided that P & G has executed a covenant running with the land with the City requiring P & G 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: ndez, City Attor ey 1/17/2017 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.