HomeMy WebLinkAboutR-88-0045J-88-64
12/15/87
RESOLUTION NO. 98--45.
RESOLUTION AUTHORIZING AND PERMITTING
MIAMI INTER DESIGN PARTNERSHIP TO
CONSTRUCT AND MAINTAIN A PEDESTRIAN
OVERPASS AND WALKWAY OVER AND ACROSS
N.E. 2 AVENUE APPROXIMATELY 100 FEET
NORTH OF N.E. 41 STREET BETWEEN THE
MIAMI INTERDESIGN CENTRE AND THE MIAMI
INTERDESIGN CENTRE TWO.
WHEREAS, Miami Inter Design Partnership has requested
permission to construct a pedestrian overpass and walkway over
and across N.E. 2 Avenue between the Miami Interdesign Centre and
the Miami Interdesign Centre Two, located at 4100 and 4141 N.E. 2
Avenue, respectively; and
WHEREAS, said pedestrian overpass and walkway to be located
approximately
100
feet
north of
N.E. 41
Street
with a
minimum
clearance of
14.5
feet
above the
surface of
N.E. 2
Avenue;
and
WHEREAS, N.E. 2 Avenue is a public street in the City of
Miami, Florida; and
WHEREAS, Miami Inter Design Partnership agrees to execute a
covenant to run with the land to indemnify, defend, save and hold
harmless the City of Miami from any claims, demands or
liabilities of any nature whatsoever arising out of the
construction and maintenance of said pedestrian overpass and
walkway; said covenant to be prepared by the City of Miami and
conform with the requirements of the City of Miami Law Department
and Public Works Department.
CITY COMMISSION
MEETING OF
JAN 14 1988
RESOLUTION No.
REMARKS:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That Miami Inter Design Partnership, be and is
hereby granted permission, subject to the provisions of the
following sections, to construct and maintain a pedestrian
overpass and walkway over and across N.E. 2 Avenue between the
Miami Interdesign Centre and the Miami Interdesign Centre Two
located at 4100 and 4141 N.E. 2 Avenue, respectively.
Section 2. Said pedestrian overpass and walkway to be
located approximately 100 feet north of N.E. 41 Street with a
minimum clearance of 14.5 feet above the surface of N.E. 2
Avenue.
Section 3. That Miami Inter Design Partnership, shall
execute a covenant to run with the land to indemnify, defend,
save and hold harmless the City of Miami from any claims, demands
or liabilities of any nature whatsoever arising out of the
E construction and maintenance of said pedestrian overpass and
walkway; said covenant to be prepared by the City of Miami and
conform with the requirements of the City of Miami Law Department
and Public Works Department.
Section 4. In the event that Miami Inter Design
Partnership, its heirs, successors, or assigns, shall fail to
properly maintain said pedestrian overpass and walkway so as to
become a hazard to the health, welfare and safety of the general
public, the City may, upon proper notice,y require Miami Inter
Design Partnership to remove said overpass and walkway and
restore the right of way of N.E. 2 Avenue to a condition
satisfactory to the City.
i� The period of 30 days is considered
Y proper notice and the
procedure for giving notice as well as the provisions
authorizing the City Manager to contract as agent for Miami
Inter Design Partnership are fully set forth in the covenant
referred to in Section 3 hereof.
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Section S. If Miani Inter Design Partnership fails to
remove said overpass and walkway as provided in Section 4 of this
resolution, then the City may contracty for the removal of said
overpass and walkway, and any and all costs incurred by the City
relative to said removal, including restoration of t1.E. 2 Avenue,
shall be placed as a lien against all properties served by said
overpass and walkway.
Section 6. That the plans for the construction of the
pedestrian overpass and walkway3/ shall conform to the
requirements of the South Florida Building Code, the laws of the
City of Miami, and be approved for a permit by the Departments of
Building and Zoning and Public Works.
PASSED AND ADOPTED this 14th day o�January, 1988.
OF •
C 40
.. L. L.
M A Y 0
ATTES
CITY CLERK
PREPARED AND APPROVED BY:
CHIEF DEPUTY CITY ATTORNEY
APPRO)PrD AS TO FORM AND CORRECTNESS:
..vv.I1 I7 • vv Y
C I TY ATTO RN Y
2The period of 30 days is considered proper notice and the
procedure for giving notice as well as the provisions
authorizing the City Manager to contract as agent for Miami
Inter Design Partnership are fully set forth in the covenant
referred to in Section 3 hereof.
3/ It is understood that said overpass and walkway shall be
limited to pedestrian access for ingress and egress purposes
exclusively.
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88-45
6
CITY OF MIAMI, FLORIDA 4
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
4
FROM:
Cesar H. Odio'�
City Manager
RECOMMENDATION:
DATE' ik 44 5 11968 RILE:
SUBJECT: Request for Pedestrian
Overpass and Walkway
Across N.E. 2 Avenue
REFERENCES:
ENCLOSURES: (For Commission Meeting
of January 14, 1988)
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing and permitting Miami Inter Design
Partnership to construct and maintain a pedestrian overpass and
walkway over and across N.E. 2 Avenue approximately 100 feet
north of N.E. 41 Street between the Miami Interdesign Centre and
the Miami Interdesign Centre Two.
BACKGROUND:
The Department of Public Works has reviewed an application for
construction of a pedestrian overpass across N.E. 2 Avenue, and
has determined that the attached resolution is in the best
interest of the City and the public.
The Miami Inter Design Partnership has requested permission to
'
construct a pedestrian overpass and walkway over and across N.E.
2 Avenue between the Miami Interdesign Centre and the Miami
Interdesign Centre Two, located at 4100 and 4141 N.E. 2 Avenue,
respects veIy.
The pedestrian overpass and walkway is proposed to be located
approximately 100 feet north of N.E. 41 Street with a minimum
-'
clearance of 14.5 feet above the surface of N.E. 2 Avenue. N.E.
2 Avenue is a public street in the City of Miami, Florida.
Miami Inter Design Partnership agrees to execute a covenant to
-
run with the land to indemnify, defend, save and hold harmless
the City of Miami from any claims, demands or liabilities of any
nature whatsoever arising out of the construction and maintenance
of said pedestrian overpass and walkway. The covenant will be
prepared by the City of Miami and conform with the requirements
i
of the City of Miami Law Department ana Public Works Department.
q�.l
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L
In the event that Miami Inter Design Partnership, its heirs,
successors, or assigns, shall fail to properly maintain the
pedestrian overpass and walkway so it becomes a hazard to the
health, welfare and safety of the general public, the City may,
upon proper notice, require Miami Inter Design Partnership to
remove said overpass and walkway and restore the right of way of
N.E. 2 Avenue to a condition satisfactory to the City. If Miami
Inter Design Partnership fails to remove said overpass and
walkway upon proper notice, then the City may contract for the
removal of the overpass and walkway. Any and all costs incurred
by the City relative to said removal, including restoration of
N.E. 2 Avenue, shall be placed as a lien against all properties
served by the overpass and walkway.
The plans for the construction of the pedestrian overpass and
walkway shall conform to the requirements of the South Florida
Building Code, the laws of the C i ty of Miami, and be approved for
a permit by the Departments of Building and Zoning and Public
Works.
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138-45
MIAMI OFFICE
1500 EDWARD BALL BUILDING -MIAMI CENTER
100 CHOPIN PLAZA
MIAMI, FLORIDA 33131
MIAMI (305) 358.6300
BROWARD (305) 467.6641
TELECOPIER (305) 361.9952
ORLANDO OFFICE
20 NORTH ORANGE AVENUE
SUITE 1000
ORLANDO, FLORIDA 32801
TELEPHONE (303) 423-IS21
TELECOPIER (305) 423 - a316
WEST PALM BEACH OFFICE
SUITE 700 FORUM =
167S PALM gEACM LAKES BOULEVARD
WEST PALM BEACH, FLORIDA 33401
TELEPHONE (305)6B4.3400
TELECOPIER (305) 684.3403
JUDITH A. BURKE
(305) 379-9187
-SHUTTS a BOWEN-
ATTORNEYS ANO COUNSELLORS AT LAW
(A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
CABLE "SHUTTS190"
TELEX 441 • 072
FRANK S. SHUTTS
(1870 -1947)
CRATE D. BOWEN
(1871.1959)
HAND -DELIVERED
January 5, 1988
Mr. Aurelio Perez Lagones
Director of Planning and Zoning
3500 Pan American Drive
Miami, Florida 33133
Re: M.I.D. Partnership
Pedestrian Overpass Covenant
Dear Mr. Lagones:
KEG LARGO OFFICE
OCEAN REEF CLUE
31 OCEAN PEEP DRIVE
SUITE 8201 . OCEAN REEF PLAZA
KEY LARGO. FLORIDA 33037
TELEPHONE(305)367-2081
OCALA OFFICE
,25 NORTHEAST FIRST AVENUE
SUITE 3
OCALA, FLORIDA 32670
TELEPHONE (904)629•BB51
TELECOPIER (904) 629.7336
PLEASE REPLY TO MIAMI OFFICE
Enclosed please find a copy of the Covenant To Run
With The Land to provide for the construction and
maintenance of a pedestrian overpass across Northeast 2nd
Avenue. A Resolution permitting the construction of the
overpass and acceptance of this Covenant is scheduled for
action by the City Commiss an on January 14, 1988. I have
sent the Covenant to the general partners of M.I.D.
Partnership for execution and I am in the process of
securing the appropriate Joinder of Mortgagee.
By copy of this letter
red -lined copy of the Covenant
the revisions to the Covenant
yesterday afternoon. I am also
Covenant to George Campbell
Department. If you have any
Covenant or the Resolution being
hesitate to contact me.
JAB/ml
Enclosure
cc: Ms. Miriam Maer
Mr. George Campbell
Mr. Charles Lallouz
Mr. Irving Rom
0131L
I am hand -delivering a
to Miriam Maer reflecting
that she and I discussed
delivering a copy of the
of the Public Works
questions regarding the
requested, please do not
Very truly yours,
Judith A.
�C
Burke
98-45
l
LOCATION. Approximately 4100 and 4141 N.E. 2 Avenue
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this day
of January A.D., 1988 by and between M.I.D. PARTNERSHIP, A
FLORIDA GENERAL PARTNERSHIP, party of the first part,
hereinafter called COVENANTOR, and The City of Miami, Florida,
a municipal corporation of the State of Florida, in the County
of Dade, party of the second part, hereinafter called CITY, and
WHEREAS, M.I.D. PARTNERSHIP, A FLORIDA GENERAL
PARTNERSHIP is the fee owner of the Miami Interdesign Centre
and the Miami Interdesign Centre Two, located at 4100 and 4141
N.E. 2nd Avenue, respectively, (For legal descriptions, see
Exhibit "A" attached hereto.) hereinafter called PREMISES, and
WHEREAS, COVENANTOR has requested CITY for permission
to construct a pedestrian overpass and walkway over and across
N.E. 2nd Avenue approximately 100 feet north of N.E. 41st
Street between the Miami Interdesign Centre and the Miami
Interdesign Centre Two, with a minimum vertical clearance of
14.5 feet above the surface of N.E. 2nd Avenue. N.E. 2nd Avenue
is a public street in the City of Miami, Florida and is under
the jurisdiction of the City.
WHEREAS, CITY has requested COVENANTOR to execute and
deliver to CITY this instrument as a condition precedent to the
granting of said permission.
NOW, THEREFORE, in consideration of the permission by
CITY to allow the construction and maintenance of a pedestrian
overpass and walkway, hereinafter referred to as "Structure",
over and across the dedicated public right-of-way of N.E. 2nd
Avenue as set forth in the conditions of Resolution #88 ,
passed and adopted by the City Commission on ,
COVENANTOR does hereby covenant and agree with CITY that
COVENANTOR shall, at no cost to CITY, maintain the structure.
In the event COVENANTOR shall fail to properly maintain the
Structure and the Director of Public Works of the CITY shall
determine that the Structure is unsafe or presents a hazard to
the CITY, COVENANTOR does hereby covenant and agree, at no cost
to CITY, to remove the Structure when requested by, and upon
thirty (30) days written notice from the Director of the
Department of Public Works of the CITY.
In the event that COVENANTOR shall fail to remove said
Structure when so requested, Covenantor shall be deemed to be
in default, and the City Manager of CITY shall act as agent of
COVENANTOR, which agency is hereby specifically created, and
said City Manager shall cause the aforementioned Structure to
be removed at the expense of the COVENANTOR and the amount of
such removal cost shall be declared and established as a lien
against the aforementioned PREMISES of said defaulting
COVENANTOR and enforced as any lien for materials furnished and
work and labor done, provided under the Statutes of the State
of Florida, and that COVENANTOR covenants and agrees that all
recourse against CITY is hereby expressly waived as to any
damage caused, consequential or otherwise, any portion, in
whole or in part, of the remainder of COVENANTOR'S
improvements, resulting from the removal of the aforesaid
Structure from above the dedicated public right-of-way of N.E.
2nd Avenue.
COVENANTOR does hereby covenant to indemnify, defend,
save and hold harmless CITY from any claims, demands or
liabilities of any nature whatsoever arising out of or because
of this 'instrument.
14
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COVENANTOR shall hold CITY harmless from any liability
established by law arising out of the granting of this
COVENANT, and will defend or cause to be defended, any action
brought against CITY in connection herewith, and the COVENANTOR
shall carry a general comprehensive liability insurance policy,
in the amount of $1,000,000. Said policy of insurance shall be
procured by, and the premiums paid by, the COVENANTOR., its
effective date shall be the effective date of this Covenant. A
certificate of insurance bearing the name of the City of Miami
as the party insured, or other proof of insurance coverage
affording protection to CITY, shall be provided to the
satisfaction of CITY. Said insurance shall provide that CITY
be given at least thirty (30) days advance written notice of
any material changes, cancellation or non -renewal notification,
and the COVENANTOR shall immediately replace said policy with
another policy to the satisfaction of CITY, with the receipt of
such policy by CITY at least ten (10) days prior to the
effective date of termination of prior policy. In the further
event that CITY is not in possession of such policy by such
latter date, then CITY shall have the right to immediately
secure a similar insurance policy in its name with the total
cost of the premium and all those premiums as may become due
during the life of this Covenant being charged to COVENANTOR,
and CITY shall have the right to declare and establish same as
a lien on the PREMISES of such defaulting COVENANTOR and
enforced as any lien provided under the Statutes of the State
of Florida.
It is expressly understood and agreed that this
instrument shall be binding upon COVENANTOR and also heirs,
successors in interest or assigns of COVENANTOR, and shall be a
condition implied in any conveyance or other instrument
affecting the title to the PREMISES or any portion thereof.
IN WITNESS WHEREOF, the COVENANTOR has caused these
presents to be executed and signed in its name by its proper
partners on the day and year first above set forth.
Signed, sealed and Delivered
in the Presence of:
1st Witness to Both Signatures
M.I.D. PARTNERSHIP, a Florida
general partnership
By: L-S ASSOCIATES, a Florida
general partnership, a
general partner
By.
CHARLES LALLOUZ, general
partner
By: 0-R ASSOCIATES, a Florida*
Witness Print Name and Address general partnership, a general
partner
By:�
2nd Witness to Both Signatures IRVING ROM, general partner
CHARLES LALLOUZ, TRUSTEE
Witness Print Name & Address
IRVING ROM, TRUSTEE
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5
V
"MCHIBIT A"
Legal description for Miami Interdesign Centre:
East 107' of that Tract of Land 432' East and West by 204.6'
North and South lying directly East of and adjacent Lots 5 and
6 of Block 7 of BILTMORE SUBDIVISION as recorded in Plat Book 6
at Page 67, of the Public Records of Dade County, Florida;
a/k/a 4100 N.E. 2 Avenue, Miami, Florida.
Legal description for Miami Interdesign Centre Two:
Tract A 6 Tract i of the Revised Plat of Tract A, Blocks 1, 2,
3, 8, 9, 10-12, of BRENTWOOD REVISED, as recorded in Plat Book
44 at Page 6, of the Public Records of Dade County, Florida;
a/k/a 4141 N.E. 2 Avenue, Miami, Florida.
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4� �ff
X
STATE OF FLORIDA
COUNTY OF DADE
I HEREBY CERTIFY that on the day of January
A.D., 1988, before me personally appeared, Charles Lallouz, a
general partner of L-S Associates, a Florida general partner-
ship, a general partner of M.I.D. PARTNERSHIP, a Florida
general partnership, and as Trustee, under the laws of the
State of Florida, to me known to be the person who signed the
foregoing instrument as such partner and Trustee and acknow-
ledged the execution thereof to be his free act and deed as
such partner and trustee for the uses and purposes therein
mentioned.
WITNESS my hand and official seal at Miami, County of
Dade, and State of Florida, the day and year last aforesaid.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF
Notary Public, State of
Florida at Large
I HEREBY CERTIFY that on the day of January
A.D., 1988, before me personally appeared, Irving Rom a general
partner of 0-R Associates, a Florida general partnership, a
general partner of M.I.D. PARTNERSHIP, a Florida general
partnership, and as Trustee, under the laws of the State of
Florida, to me known to be the person who signed the foregoing
instrument as such partner and Trustee and acknowledged the
execution thereof to be his free act and deed as such partner
and Trustee for the uses and purposes therein mentioned.
WITNESS my hand an
County of , and State
aforesaid.
My Commission Expires:
APPROVED AS TO FORM
AND CORRECTNESS
City Attorney
d
official seal at
of Florida, the day
PREPARED BY:
and year last
Notary Public, State of
Florida at Large
Department of Law
THIS INSTRUMENT IS ACCEPTED PURSUANT
TO RESOLUTION NO.
PASSED AND ADOPTED
APPROVED:
Department of
Public Works
JAB123/lm(1)
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