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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4094 Date: 05/03/2018 Commission Meeting Date: 06/14/2018 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute MMOA - SW 8th Street from SW 1st Ave to South Miami Ave Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to execute a Landscape, Planters, Pavers and Decorative Lighting Maintenance Memorandum of Agreement (MMOA) with the City of Miami and the Florida Department of Transportation ("Department") for (SR-90) SW 8th Street from SW 1st Avenue to South Miami Avenue, Miami, Florida. Background of Item: The Developer - Brickell Bayview Owner, LP, a Delaware Limited Partnership — has requested permission from the City and the Florida Department of Transportation (FDOT) to construct and maintain the non-standard improvements within the State right- of-way on SW 8th Street. The Developer will construct and install the improvements, will indemnify and hold the City harmless, will be responsible for their maintenance by way of a covenant running with the land with the City. The Developers will execute the required covenant prior to the City's execution of the Maintenance Memorandum of Agreement (MMOA) 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: Reviewed B Department of Resilience and Public Works Review Completed 05/03/2018 3:13 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Juvenal Santana Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed 05/07/2018 5:49 PM 05/07/2018 5:57 PM 05/14/2018 9:16 AM 05/14/2018 2:42 PM 05/17/2018 9:11 AM 05/18/2018 11:45 AM 05/24/2018 11:33 AM 06/01/2018 5:32 PM 06/14/2018 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 06/25/2018 2:59 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 06/25/2018 3:45 PM Office of the City Clerk City Clerk's Office Rendered Completed 06/25/2018 3:45 PM City of Miami Legislation Resolution Enactment Number: R-18-0234 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4094 Final Action Date:6/14/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS INCLUDING LANDSCAPE, PLANTERS, PAVERS, AND DECORATIVE LIGHTING WITHIN STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF STATE ROAD ("SR") 90 (SOUTHWEST 8TH STREET) FROM SOUTHWEST 1ST AVENUE TO SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS STATED HEREIN. WHEREAS, the Florida Department of Transportation ("FDOT") has jurisdiction over State Road ("SR") 90 (Southwest 8th Street) from Southwest 1st Street to South Miami Avenue ("FDOT Right -of -Way"), which is located within the limits of the City of Miami ("City"); and WHEREAS, Brickell Bayview Owner, LP, a Delaware Limited Partnership ("Developer"), has requested permission from the City and FDOT to construct and maintain non-standard improvements within the FDOT Right -of -Way; and WHEREAS, the Maintenance Memorandum of Agreement ("MMOA"), attached and incorporated herein as Exhibit "A", addresses the obligations of each party with respect to certain modifications and improvements within the FDOT Right -of -Way under FDOT Permit Nos. 2014 A 690 44, 2014 D 690 44, 2015 L 690 07, 2015 K 690 52 and 2017 L 690 11; and WHEREAS, the parties to MMOA mutually recognize the need for entering into the MMOA designating and setting forth the responsibilities of each party with regards to the maintenance of the landscape, planters, pavers, and decorative lighting ("Improvements") pursuant to the Developer's request; and WHEREAS, the City shall be responsible for the operation and maintenance of the Improvements; and WHEREAS, the City and the Developer will execute a covenant running with the land requiring the Developer to operate, maintain, and replace the Improvements and hold harmless and indemnify the City ("Covenant"); 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 the MMOA, in substantially the attached form, to facilitate the installation and maintenance of the Improvements, subject to the execution of the Covenant. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 611/2018 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.