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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4335 Date: 06/26/2018 Commission Meeting Date: 04/25/2019 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute Access Agreement - Miami Dade County School Board Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing and directing the City Manager to execute an Access Agreement, in substantially the attached form, between the City of Miami ("City") and the Miami Dade County School Board ("School Board"), whereby the City grants to the School Board temporary access rights to remove the overpass connecting Miami Edison Senior High School and the City -owned property located at 525 NW 62nd Street, Miami, FL 33150, and known as Athalie Range Park, with the terms and conditions more particularly described in the Access Agreement; further authorizing the City Manager to make non -substantive amendments to such Access Agreement as needed, subject to the City Attorney's approval. Background of Item: The City of Miami ("City") is the owner in fee simple of certain real property located at 525 NW 62nd Street, Miami, Florida 33150, and known as Athalie Range Park (the "Park"). The Miami Dade County School Board (the "School Board") is the owner in fee simple of certain real property located at 6101 NW 5th Court, Miami, Florida 33127, and known as Miami Edison Senior High School (the "School"). In 1976 the School Board constructed a pedestrian bridge (the "Bridge") to provide safe access to the Park from the School for student recreational usage and after-hours access to the School by the community. The School Board has determined that, given the Bridge's disuse, age and unsafe physical condition, the appropriate resolution is to demolish the structure. The Superintendent of the School Board has been authorized to negotiate and execute an access agreement with the City to demolish and remove the Bridge. The City requires the execution of the attached Access Agreement as a condition precedent to the granting of temporary access to and use of Range Park, in order for the School Board to demolish and remove the Bridge. 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 Real Estate and Asset Management Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Department of Fire -Rescue Office of the City Attorney Office of the City Attorney City Commission City Commission City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Daniel Rotenberg Everton Garvis Christopher M Rose Fernando Casamayor Valentin J Alvarez Nikolas Pascual Daniel Diaz Barnaby L. Min Victoria Mendez Joyce Jones Nicole Ewan Nicole Ewan Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Completed 06/26/2018 6:16 PM Budget Analyst Review Completed 06/28/2018 5:43 PM Budget Review Completed 06/28/2018 6:11 PM Assistant City Manager Review Completed 07/06/2018 9:48 AM Legislative Division Review Completed 07/06/2018 9:48 AM City Manager Review Completed 07/09/2018 4:35 PM ACA Review Completed 07/10/2018 10:18 AM Deputy City Attorney Review Completed 07/10/2018 10:30 AM Approved Form and Correctness Completed 07/10/2018 5:53 PM Meeting Completed 09/13/2018 9:00 AM Meeting Completed 11/15/2018 9:00 AM Meeting Completed 01/24/2019 9:00 AM Meeting Completed 04/25/2019 9:00 AM Signed by the Mayor Completed 05/03/2019 4:14 PM Signed and Attested by the City Clerk Completed 05/03/2019 4:42 PM Rendered Completed 05/03/2019 4:42 PM City of Miami Legislation Resolution Enactment Number: R-19-0162 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4335 Final Action Date:4/25/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS AND HOLD HARMLESS/INDEMNIFICATION AGREEMENT ("ACCESS AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI-DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD"), WHEREBY THE CITY GRANTS TO THE SCHOOL BOARD TEMPORARY ACCESS RIGHTS TO REMOVE THE PEDESTRIAN BRIDGE CONNECTING MIAMI EDISON SENIOR HIGH SCHOOL LOCATED AT 6101 NORTHWEST 5TH COURT, MIAMI, FLORIDA, THE CITY -OWNED PROPERTY LOCATED AT 525 NORTHWEST 62ND STREET, MIAMI, FLORIDA AND KNOWN AS ATHALIE RANGE PARK, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner in fee simple of certain real property located at 525 Northwest 62nd Street, Miami, Florida known as Athalie Range Park ("Park"); and WHEREAS, the Miami -Dade County School Board ("School Board") is the owner in fee simple of certain real property located at 6101 Northwest 5th Court, Miami, Florida known as Miami Edison Senior High School ("School"); and WHEREAS, in 1976, the School Board constructed a pedestrian bridge ("Bridge") to provide safe access to the Park from the School for student recreational use and after-hours access to the School by the community; and WHEREAS, the School Board has determined that given the Bridge's disuse, age, and unsafe physical condition, the appropriate action is to demolish the Bridge; and WHEREAS, the Superintendent of the School Board has been authorized to negotiate and execute a Temporary Access and Hold Harmless/Indemnification Agreement ("Access Agreement") with the City to demolish and remove the Bridge; and WHEREAS, the City requires the execution of the Access Agreement as a condition precedent to the granting of temporary access to and use of the Park to allow the School Board to demolish and remove the Bridge; 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' and directed to execute an Access Agreement, in substantially the attached form, between the City and the School Board, granting the School Board temporary access rights to remove the Bridge connecting the School and the Park, with terms and conditions more particularly described in the Access Agreement. Section 3. The City Manager is authorized' to make any non -substantive amendments to such Access Agreement, in a form acceptable to the City Attorney, necessary for said purpose. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity (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.