HomeMy WebLinkAboutLegislationFile Number: 15-01427
City Hall
3500 Pan American
Drive '
Miami, FL 33133
www.miamigov.com
Final Action Date:
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, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE
THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS
WITHIN THE STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF
SOUTHWEST/SOUTHEAST 7TH STREET AND SOUTHWEST/SOUTHEAST 8TH
STREET, MIAMI, FLORIDA, AS STATED HEREIN.
WHEREAS, on July 28, 2011, the City Commission adopted Ordinance No 13278, as amended by
Ordinance No. 13369 on March 28, 2013, approving the Brickell City Centre Special Area Plan
("SAP"), 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 permission from the City of
Miami ("City") and the Florida Department of Transportation ("FDOT") to construct and maintain certain
non-standard improvements within the State Road right-of-way along certain portions of
Southwest/Southeast 7th Street and Southwest/Southeast 8th Street, Miami, Florida,
("Improvements"); and
WHEREAS, the City and the FDOT are mutually desirous of providing assurances for the future
continued maintenance, repair and replacement of the Improvements; and
WHEREAS, the City is responsible for the operation and maintenance of the Improvements
pursuant to the Maintenance Memorandum of Agreement ("MMOA"); and
WHEREAS, the City shall concurrently enter into a covenant running with the land with BCC to
require BCC to operate, maintain and replace the Improvements, to assume all City obligations
pursuant to the MMOA and to 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 {1} to execute a Maintenance Memorandum of
Agreement, in substantially the attached form, to facilitate the installation and maintenance of the
Improvements, provided that BCC has concurrently executed and recorded a covenant running with
the land with the City to require BCC to operate, maintain and replace the Improvements, to assume
all City obligations pursuant to the MMOA and to hold harmless and indemnify the City.
City of Aliand Page I of 2 File Id: 15-01427 (INersion: 1) Pointed On: 1012612015
City of Miami
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Legislation
Resolution
File Number: 15-01427
City Hall
3500 Pan American
Drive '
Miami, FL 33133
www.miamigov.com
Final Action Date:
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, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE
THE INSTALLATION AND MAINTENANCE OF NON-STANDARD IMPROVEMENTS
WITHIN THE STATE ROAD RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF
SOUTHWEST/SOUTHEAST 7TH STREET AND SOUTHWEST/SOUTHEAST 8TH
STREET, MIAMI, FLORIDA, AS STATED HEREIN.
WHEREAS, on July 28, 2011, the City Commission adopted Ordinance No 13278, as amended by
Ordinance No. 13369 on March 28, 2013, approving the Brickell City Centre Special Area Plan
("SAP"), 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 permission from the City of
Miami ("City") and the Florida Department of Transportation ("FDOT") to construct and maintain certain
non-standard improvements within the State Road right-of-way along certain portions of
Southwest/Southeast 7th Street and Southwest/Southeast 8th Street, Miami, Florida,
("Improvements"); and
WHEREAS, the City and the FDOT are mutually desirous of providing assurances for the future
continued maintenance, repair and replacement of the Improvements; and
WHEREAS, the City is responsible for the operation and maintenance of the Improvements
pursuant to the Maintenance Memorandum of Agreement ("MMOA"); and
WHEREAS, the City shall concurrently enter into a covenant running with the land with BCC to
require BCC to operate, maintain and replace the Improvements, to assume all City obligations
pursuant to the MMOA and to 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 {1} to execute a Maintenance Memorandum of
Agreement, in substantially the attached form, to facilitate the installation and maintenance of the
Improvements, provided that BCC has concurrently executed and recorded a covenant running with
the land with the City to require BCC to operate, maintain and replace the Improvements, to assume
all City obligations pursuant to the MMOA and to hold harmless and indemnify the City.
City of Aliand Page I of 2 File Id: 15-01427 (INersion: 1) Pointed On: 1012612015
File Number: 15-01427
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
VNCTORIA VENDEZ
CITY ATTORNEY ,
WIN Ndh'
Footnotes:
{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 (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: 15-01427 (Hersiorr.: 1) Printed Orr: 10126/2015