HomeMy WebLinkAboutR-17-0042City of Miami
Legislation
Resolution R-17-0042
File Number: 1526
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/26/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A COVENANT RUNNING WITH THE LAND ("COVENANT"), IN
SUBSTANTIALLY THE ATTACHED FORM, FOR NON-STANDARD
IMPROVEMENTS WITHIN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY
("COUNTY") AND STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS
OF SOUTHEAST/SOUTHWEST 7TH STREET AND SOUTHEAST/SOUTHWEST
8TH STREET AND SOUTHWEST 1ST AVENUE, SOUTH MIAMI AVENUE AND
SOUTHEAST 1ST AVENUE, MIAMI, FLORIDA, AND FOR WHICH THE CITY
WILL ENTER INTO AN INTERLOCAL AGREEMENT(S) WITH THE COUNTY
AND A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID COVENANT, IN SUBSTANTIALLY THE
ATTACHED FORM, ON BEHALF OF THE CITY WITH BRICKELL CITY CENTRE
PROJECT, LLC.
WHEREAS, the City Commission adopted Ordinance No. 13278 on July 28, 2011, as
amended by Ordinance No. 13369 on March 28, 2013, approving a Special Area Plan ("SAP")
for the Brickell City Centre, Miami, Florida; and
WHEREAS, the SAP includes non-standard improvements and enhancements within the
dedicated public Right -of -Way; and
WHEREAS, Brickell City Centre Project, LLC ("BCC") has requested authorization from
the City of Miami ("City"), Miami -Dade County ("County") and the Florida Department of
Transportation ("FDOT") to construct and maintain certain non-standard improvements within
the dedicated City, County and State Road Right -of -Way along certain portions of
Southeast/Southwest 7t" Street and Southeast/Southwest 8t" Street with Southwest 1St Avenue,
South Miami Avenue, and Southeast 1 St Avenue, Miami, Florida ("Improvements"); and
WHEREAS, BCC has agreed to enter into a covenant running with the land assuming all
obligations and prerequisites regarding the operation, maintenance and replacement of the
Improvements and holding harmless and indemnifying the City on its properties for the
Improvements to be constructed in the City, County and State Road Right -of Way; and
WHEREAS, the execution of said covenant is a precondition to the City's execution of an
Interlocal Agreement(s) with the County and a Maintenance Memorandum of Agreement with
the FDOT for said Improvements;
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 accepts a covenant running with the land, in substantially the
City of Miami Page 1 of 2 File ID: 1526 (Revision:) Printed On: 5/9/2017
File ID: 1526
Enactment Number: R-17-0042
attached form, for the Improvements within the City, County and State Road Right -of -Way along
portions of Southeast/Southwest 7t" Street and Southeast/Southwest 8t" Street with Southwest
1 st Avenue, South Miami Avenue, and Southeast 1 st Avenue, Miami, Florida.
Section 3. The City Manager is authorized' to execute said covenant, in substantially the
attached form, on behalf of the City with BCC.
Section 4. Said covenant shall be executed prior to the City's execution of a
Maintenance Memorandum of Agreement with the FDOT regarding the Improvements.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS
1
i ria i . ndez, City Httor iey 1/17/2017
' 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.
City of Miami Page 2 of 2 File ID: 1526 (Revision:) Printed on: 5/9/2017