HomeMy WebLinkAboutR-20-0055City of Miami
Resolution R-20-0055
Legislation
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;
City of Miami Page 1 of 2 File ID: 7086 (Revision:) Printed On: 4/29/2025
File ID: 7086 Enactment Number: R-20-0055
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 authorized1 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 Httor
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.
City of Miami Page 2 of 2 File ID: 7086 (Revision:) Printed on: 4/29/2025