HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #5469
Date: 01/30/2019
Commission Meeting Date: 03/14/2019
Type:
Subject:
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 2
Resolution
Execute Memorandum of Agreement - 3900 Bayviews, LLC.
Purpose of Item:
A Resolution of the Miami City Commission authorizing the City Manager to execute a
Maintenance Memorandum of Agreement with the City of Miami and the State of Florida
Department of Transportation for landscape and pavers in accordance with the design
plans for Permit # 2018-L-690-008 on State Road (SR) 5 (US-1) (Biscayne Boulevard)
from NE 39th Street to NE 41st Street, which is located within the limits of the City.
Background of Item:
The Developer — 3900 Bayviews, LLC. — 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 Biscayne Boulevard adjacent to
the Development Site. The Developer will construct and install the improvements, will
indemnify and hold the City harmless and will be responsible for their maintenance by
way of a covenant running with the land with the City. The Developer 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
Total Fiscal Impact:
N/A
Office of Resilience and Sustainability
Review Completed
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of Zoning
Office of the City Attorney
Office of the City Attorney
City Commission
Reviewed B
01/30/2019 11:51 AM
Donovan Dawson
Christopher M Rose
Nzeribe Ihekwaba
Nikolas Pascual
Valentin J Alvarez
Daniel Goldberg
Barnaby L. Min
Victoria Mendez
Maricarmen Lopez
Alan M. Dodd
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
02/01/2019 4:36 PM
02/03/2019 8:29 AM
02/04/2019 5:01 PM
02/05/2019 6:44 PM
02/11/2019 3:17 PM
02/13/2019 10:34 AM
02/13/2019 10:58 AM
02/14/2019 5:43 PM
03/14/2019 9:00 AM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 03/25/2019 1:19 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 03/25/2019 2:14 PM
Office of the City Clerk City Clerk's Office Rendered Completed 03/25/2019 2:14 PM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0088
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5469 Final Action Date:3/14/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR LANDSCAPE AND PAVERS IN ACCORDANCE WITH THE
DESIGN PLANS ON FILE FOR PERMIT # 2018-L-690-008 ON STATE ROAD 5/US-
1/BISCAYNE BOULEVARD FROM NORTHEAST 39TH STREET TO NORTHEAST
41ST STREET, WHICH IS LOCATED WITHIN THE LIMITS OF THE CITY OF MIAMI,
FLORIDA.
WHEREAS, the State of Florida Department of Transportation ("FDOT") has jurisdiction
over State Road 5/US-1/Biscayne Boulevard ("SR-5") from Northeast 39th Street to Northeast
41st Street, which is located within the limits of the City of Miami ("City"); and
WHEREAS, 3900 Bayviews LLC, a Florida limited liability company ("Developer"),
pursuant to Permit # 2018-L-690-008, has prepared design plans for beautification
improvements on SR-5 from Northeast 39th Street to Northeast 41st Street, Miami, Florida, the
limits of which are described in the Exhibit "A," attached and incorporated ("Project Limits"),
which by reference shall become a part of this Maintenance Memorandum of Agreement
("Agreement"); and
WHEREAS, the Developer will install landscape and pavers in accordance with the
design plans for Permit # 2018-L-690-008 ("Improvements") as approved by FDOT; and
WHEREAS, the City is aware this Agreement will supplement any and all other
maintenance requirements between FDOT and the City for all previously executed Permits and
Agreements regarding SR-5; and
WHEREAS, the parties to this Agreement mutually recognize the need for entering into
an agreement designating and setting forth the City's responsibilities with regards to the
maintenance of the landscape and pavers within the Project Limits; and
WHEREAS, the City shall enter into a covenant running with the land with the Developer
requiring the Developer to operate, maintain, and replace the Improvements, and hold harmless
and indemnify the City, all subject to the City's receipt of the required adequate bond or surety
from the Developer;
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 Agreement, in substantially
the attached form, with FDOT, to allow for the installation of the Improvements, subject to the
Developer executing a covenant running with the land with the City, requiring the Developer to
operate, maintain, and replace the Improvements, and hold harmless and indemnify the City,
and provide the required adequate bond or surety, from the Developer in favor of 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
2/14/2019
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.