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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #6578 Date: 10/01/2019 Commission Meeting Date: 11/21/2019 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: District 5 Type: Resolution Subject: Execute - Maintenance Memorandum Agreement - Beautification on SR-5 Purpose of Item: A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute a Maintenance Memorandum of Agreement with the Florida Department of Transportation for beautification improvements by the proposed project located at 5700 Biscayne Boulevard on SR-5 (US-1) (Biscayne Boulevard) from NE 56th Street to NE 58th Street. Background of Item: The Developer pursuant to FDOT Permit #2019-L-691-00013, has design plans for beautification improvements on SR-5 from NE 56th Street to NE 58th Street. The Developer will install landscape, irrigation, and bonded aggregate surfaces in accordance with the design plans for Permit #2019-L-691-00013. The City shall make the Developer responsible for the operation, maintenance and liability of the Improvements via the execution of a non-standard improvement covenant. 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 Office of Resilience and Sustainability Review Completed 10/01/2019 12:49 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Nikolas Pascual Office of Zoning Daniel Goldberg Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Alan M. Dodd Department Head Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Unsigned by the Mayor Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed and Attested by the City Clerk Completed 10/21/2019 5:41 PM 10/23/2019 9:04 AM 10/24/2019 4:30 PM 10/24/2019 4:36 PM 10/25/2019 12:25 PM 11/05/2019 6:16 PM 11/06/2019 2:05 PM 11/06/2019 4:38 PM 11/21/2019 9:00 AM 12/03/2019 5:16 PM 12/03/2019 5:51 PM Office of the City Clerk City Clerk's Office Rendered Completed 12/03/2019 5:51 PM City of Miami Legislation Resolution Enactment Number: R-19-0453 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6578 Final Action Date:11/21/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDSCAPE, IRRIGATION, AND BONDED AGGREGATE SURFACES MAINTENANCE MEMORANDUM OF AGREEMENT ("MMOA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO FACILITATE THE INSTALLATION AND MAINTENANCE OF BEAUTIFICATION IMPROVEMENTS ("IMPROVEMENTS") ON STATE ROAD 5 (SR-5/US-1/BISCAYNE BOULEVARD) FROM NORTHEAST 56TH STREET TO NORTHEAST 58TH STREET, MIAMI, FLORIDA, SUBJECT TO THE EXECUTION AND RECORDATION OF A COVENANT RUNNING WITH THE LAND BY BLVD 57 LP, A DELAWARE LIMITED PARTNERSHIP, THE OWNER OF THE ADJACENT PROPERTY OR ITS SUCCESSOR(S)-IN-INTEREST ("OWNER'), IN FAVOR OF THE CITY REQUIRING THE OWNER TO OPERATE, MAINTAIN, AND REPLACE THE IMPROVEMENTS, TO ASSUME ALL CITY OBLIGATIONS PURSUANT TO THE MMOA, AND TO HOLD HARMLESS AND INDEMNIFY THE CITY. WHEREAS, the State of Florida Department of Transportation ("FDOT") has jurisdiction over State Road 5 (SR-5/US-1/Biscayne Boulevard) from Northeast 56th Street to Northeast 58th Street, Mami, Florida ("Street"); and WHEREAS, BLVD 57 LP, a Delaware limited partnership ("Owner"), pursuant to Permit #2019-L-691-000013 ("Permit"), has drafted design plans for beautification improvements on the Street, the limits of which are described in the attached Exhibit "A" ("Project Limits"), adjacent to the Owner's property; and WHEREAS, the Owner intends to install landscape, irrigation, and bonded aggregate surfaces in accordance with the design plans for the Permit ("Improvements") as approved by FDOT and requests approval of the same; and WHEREAS, the City of Miami ("City") is responsible for the maintenance and operation of the Improvements pursuant to the attached Maintenance Memorandum of Agreement ("MMOA") between the City and FDOT; and WHEREAS, the Owner will execute a covenant running with the land requiring the Owner to operate, maintain, and replace the Improvements, assume all City obligations under the MMOA, and hold harmless and indemnify the City; 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, with FDOT to facilitate the installation and maintenance of the Improvements within the Project Limits, subject to the Owner's execution and recordation of a covenant running with the land in favor of the City requiring the Owner to operate, maintain, and replace the Improvements, to assume all City obligations pursuant to the MMOA, and to hold harmless and indemnify 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 ey ) 11/6/2019 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 Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.