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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2531 Date: 06/26/2017 Commission Meeting Date: 07/27/2017 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 3 Type: Resolution Subject: Authorize MMOA - 3Broamigo Development One, LLC Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to execute a Landscape, Irrigation, Bonded Aggregate Surfaces and Pavers Maintenance Memorandum of Agreement ("Agreement" or "MMOA") between the City of Miami ("City") and the State of Florida Department of Transportation ("Department") for (SR- 90) (US-41) SW 8th Street from SW 8th Court to (SR-7) (US-441) SW 8th Avenue, and on (SR-7) (US-441) SW 8th Avenue from (SR-90) (US-41) SW 7th Street to (SR-90) (US-41) SW 8th Street, Miami, Florida. Background of Item: The City of Miami's ("City") Department of Public Works reviewed and approved design plans for beautification improvements on State maintained right-of-way on SW 8 Street (SR-90) and SW 8 Avenue (SR-7). The 3Broamigo Development One, LLC., a Florida limited liability company ("Developer") is desirous of installing non-standard improvements abutting the new project on the State maintained right-of-way. The Department requires a Maintenance Memorandum of Agreement ("Agreement" or "MMOA"). The Developer executed the required non-standard improvement covenant with the City. Upon approval of the MMOA, the City will finalize acceptance of the covenant and record it in the Miami -Dade County Public Records. The non-standard improvement covenant is attached hereto for reference. 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 Reviewed B Department of Resilience and Public Works Review Completed 06/27/2017 9:31 AM Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Christopher M Rose Juvenal Santana Department Head Budget Analyst Review Budget Review Completed 06/29/2017 12:03 PM Completed 06/29/2017 8:27 PM City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Nzeribe Ihekwaba Daniel J. Alfonso Marta Gomez Amber Ketterer Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Clerk Completed Completed 06/30/2017 11:50 AM Completed 07/03/2017 4:39 PM Completed 07/06/2017 12:05 PM Completed 07/12/2017 4:42 PM Completed 07/13/2017 4:32 PM Completed 07/14/2017 4:32 PM Completed 07/27/2017 9:00 AM Completed 08/04/2017 4:52 PM 08/04/2017 5:42 PM City of Miami Legislation Resolution Enactment Number: R-17-0356 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2531 Final Action Date:7/27/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDSCAPE, IRRIGATION, BONDED AGGREGATE SURFACES AND PAVERS MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PROJECT LOCATED AT SR-90/US-41/SOUTHWEST 8TH STREET FROM SOUTHWEST 8TH COURT TO SR-7/US-441/SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA AND ON SR-7/US-441/SOUTHWEST 8TH AVENUE FROM SR-90/US-41/SOUTHWEST 7TH STREET TO SR-90/US-41/SOUTHWEST 8TH STREET, MIAMI, FLORIDA. WHEREAS, the State of Florida Department of Transportation ("Department") has jurisdiction over State Road ("SR") 90/US-41/Southwest ("SW') 8th Street, SR-90/US-41/SW 7th Street, and SR-7/US-441/SW 8th Avenue, Miami, Florida, which are located within the limits of the City of Miami ("City"); and WHEREAS, the City's Department of Public Works, pursuant to Permit #2015 L 690 010, reviewed and approved design plans for beautification improvements on SR-90 from SW 8th Court to SW 8th Avenue, Miami, Florida and SW 8th Avenue from SW 7th Street to SW 8th Street, Miami, Florida ("Project"), which by reference shall become a part of the Landscape, Irrigation, Bonded Aggregate Surfaces and Pavers Maintenance Memorandum of Agreement ("MMOA" or "Agreement"), attached and incorporated hereto; and WHEREAS, 3Broamigo Development One, LLC., a Florida Limited Liability Company, ("Developer") will install landscape, irrigation, bonded aggregate surfaces, and pavers in accordance with the design plans for Permit # 2015 L 690 010, as approved by the Department; and WHEREAS, the parties to the Agreement mutually recognize the need for entering into an agreement designating and setting forth the City's responsibilities with regard to the maintenance of the landscape, irrigation, bonded aggregate surfaces, and pavers within the Project; and WHEREAS, the Agreement establishes the terms, conditions, and responsibilities of the Department and the City to accomplish the improvements on the referenced streets; and WHEREAS, the Developer has agreed to accept the maintenance requirements established by this Agreement and has executed a non-standard improvement covenant with the City;1 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 1 Note that 3Broamigo Development, LLC merged with and was acquired by 3Broamigo Development One, LLC. 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 authorized2 to execute an Agreement between the City and the Department, in substantially the attached form, for the Project located at SR-90/US- 41/SW 8th Street from SW 8th Court to SR-7/US-441/SW 8th Avenue, Miami, Florida and on SR-7/US-441/SW 8th Avenue from SR-90/US-41/SW 7th Street to SR-90/US-41/SW 8th Street, Miami, Florida. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.3 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity (tor 2 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. 3 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.