HomeMy WebLinkAboutR-17-0044City of Miami
Resolution R-17-0044
Legislation
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
City of Miami Page 1 of 2 File ID: 1527 (Revision:) Printed On: 3/20/2025
File ID: 1527 Enactment Number: R-17-0044
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.
City of Miami Page 2 of 2 File ID: 1527 (Revision:) Printed on: 3/20/2025