HomeMy WebLinkAboutR-18-0234City of Miami
Resolution R-18-0234
Legislation
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.
City of Miami Page 1 of 2 File ID: 4094 (Revision:) Printed On: 4/1/2025
File ID: 4094 Enactment Number: R-18-0234
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, City tor
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: 4094 (Revision:) Printed on: 4/1/2025