HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7086
Date: 01/28/2020
Commission Meeting Date: 02/24/2020
Requesting Department: Department of
Resilience and Public Works
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Execute Maintenance Memorandum Agreement - Beautification Improvements
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 on SR-968 (SW 1st
Street) from SW 7 Avenue to SW 8 Avenue.
Background of Item:
The Developer pursuant to FDOT Permit #2019-L-690-00012, has design plans for
beautification improvements on SR-968 from SW 7 Avenue to SW 8 Avenue. The
Developer will install landscape, irrigation, and bonded aggregate surfaces in
accordance with the design plans for Permit #2019-L-690-00012. The City has made
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 01/28/2020 2:51 PM
Office of Management and Budget Donovan Dawson
Office of Management and Budget Christopher M Rose
City Manager's Office Nzeribe Ihekwaba
Office of the City Attorney Amber Ketterer
Legislative Division Valentin J Alvarez
City Manager's Office Nikolas Pascual
Office of the City Attorney Barnaby L. Min
Office of the City Attorney Victoria Mendez
City Commission Maricarmen Lopez
Office of the City Clerk City Clerk's Office
Alan M. Dodd
Budget Analyst Review
Budget Review
Assistant City Manager Review
ACA Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Department Head
Completed
Completed
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Completed
02/03/2020 2:36 PM
02/04/2020 3:12 PM
02/04/2020 5:22 PM
02/10/2020 2:28 PM
02/10/2020 2:33 PM
02/10/2020 3:15 PM
02/10/2020 3:29 PM
02/10/2020 6:42 PM
02/24/2020 9:00 AM
02/27/2020 2:50 PM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0055
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7086 Final Action Date:2/24/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT ("MMOA"), IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION TO FACILITATE THE INSTALLATION AND
MAINTENANCE OF BEAUTIFICATION IMPROVEMENTS ON STATE ROAD 968
(EASTBOUND) (SOUTHWEST 1ST STREET) FROM SOUTHWEST 7TH AVENUE TO
SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, SUBJECT TO THE RECORDATION
OF A COVENANT RUNNING WITH THE LAND BY PREMIUM 1ST STREET, LLC, A
FLORIDA LIMITED LIABILITY COMPANY, 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 Florida Department of Transportation ("FDOT") has jurisdiction over
State Road ("SR") 968 (Eastbound) (Southwest 1st Street) from Southwest 7th Avenue to
Southwest 8th Avenue, which is located within the limits of the City of Miami ("City"); and
WHEREAS, Premium 1st Street, LLC, a Florida Limited Liability Company ("Developer"),
pursuant to Permit No. 2019-L-690-00012, has drafted design plans for beautification
improvements on SR 968 (Eastbound) (Southwest 1st Street) from Southwest 7th Avenue to
Southwest 8th Avenue ("Project Limits"), which limits are further described in the Landscape,
Irrigation, and Tree Grates Maintenance Memorandum of Agreement ("MMOA"), attached and
incorporated as Exhibit "A", adjacent to the Developer's property; and
WHEREAS, the Developer will install landscape, irrigation, and bonded aggregate
surfaces ("Improvements") in accordance with the design plans for Permit No. 2019-L-690-
00012 ("Project") as approved by FDOT; and
WHEREAS, the City is responsible for the maintenance and operation of the
Improvements pursuant to the attached MMOA between the City and FDOT; and
WHEREAS, the City is aware that this MMOA, in substantially the attached form, will
supplement all maintenance requirements between FDOT and the City for all previously
executed Permits and Agreements; and
WHEREAS, the Developer has executed a covenant running with the land whereby the
Developer will 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 Developer's recordation of a covenant running with the
land in favor of the City requiring the Developer 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.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 2/10/2020
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.