Loading...
HomeMy WebLinkAboutAgenda Item Summary FormDate: 09/19/2016 AGENDA ITEM SUMMARY FORM File ID: #1020 Commission Meeting Date: 10/13/2016 Requesting Department: Department of Public Works Sponsored By: District Impacted: District 2 Type: Resolution Subject: Interlocal Aqrmt - Maintenance of Streetlights Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to execute an Interlocal Agreement between the City of Miami and Miami -Dade County for the installation and maintenance of non-standard streetlights within Miami -Dade County right-of-way along certain portions of South Miami Avenue, bound on the south by SW/SE 7th Street and bound on the north by SW/SE 6th Street as depicted in Exhibit "A". Additionally any improvements at the intersection of South 6th Street and South Miami Avenue. Background of Item: The Brickell City Centre (BCC) SAP was adopted by Ord. No. 13278 on July 28, 2011 and amended by Ord. No. 13369 on March 28, 2013. The SAP includes non-standard improvements and enhancements within the public right-of-way. BCC has requested permission from the City, Miami -Dade County and Florida Department of Transportation (FDOT) to construct and maintain the non-standard improvements within City, County and State Road right-of-way adjacent to the SAP. BCC has constructed the non-standard improvements, has indemnified and held the City harmless and shall be responsible for their maintenance in perpetuity by way of a covenant running with the land with the City. The City Commission approved a covenant with BCC pursuant to R-15-0540. An additional covenant specifically for the streetlights and any future intersection improvements indemnifying the City and for maintenance in perpetuity will be executed between the City and BCC. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed By Department of Public Works Juvenal Santana Department Head Review Completed 09/23/2016 5:00 PM Office of Management and Budget Luis Hernandez -Torres Budget Analyst Review Completed 09/26/2016 11:24 AM Office of Management and Budget Christopher M Rose Budget Review Completed 09/27/2016 2:33 PM City Manager's Office Nzeribe Ihekwaba Assistant City Manager Review Completed 09/28/2016 12:03 PM City Manager's Office Daniel J. Alfonso City Manager Review Completed 09/30/2016 11:52 AM Office of the City Attorney Valentin J Alvarez Legislative Division Review Completed 10/03/2016 5:31 PM Office of the City Attorney Valentin J Alvarez Review Pending Skipped 10/03/2016 5:31 PM Office of the City Attorney Victoria Mendez Approved as to Form and Correctness Completed City Commission Nicole Ewan Meeting Completed 10/13/2016 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 10/19/2016 6:00 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 10/19/2016 6:54 PM Office of the City Attorney Victoria M6ndez Modifications made due to Scrivener's Error(s) Completed A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD STREETLIGHTS WITHIN THE MIAMI-DADE COUNTY RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF SOUTH MIAMI AVENUE, BOUND ON THE SOUTHERN SIDE BY SOUTHEAST/SOUTHWEST 7TH STREET AND BOUND ON THE NORTHERN SIDE BY SOUTHEAST 6TH STREET, MIAMI, FLORIDA, IN THE AREAS DEPICTED IN THE SKETCH ATTACHED AS EXHIBIT "A". WHEREAS, on July 28, 2011, the City Commission adopted Ordinance No. 13278, as amended on March 28, 2013 by Ordinance No. 13369, 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 Miami -Dade County ("County") to construct and maintain certain non- standard streetlights within the County Right -of -Way along certain portions of South Miami Avenue, bound on the southern side by Southeast/Southwest 7th Street and bound on the northern side by Southeast 6th Street, Miami, Florida ("Improvements"); and WHEREAS, the City and the County 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 streetlights pursuant to the Interlocal Agreement ("Agreement"); and WHEREAS, pursuant to Resolution No. 15-0540, the City Commission approved a covenant to run with the land with BCC to require BCC to operate, maintain and replace the non-standard Improvements, and to hold harmless and indemnify the City; and WHEREAS, BCC has requested permission from the City and the County to construct future intersection improvements at Southeast 6th Street and South Miami Avenue; and WHEREAS, the City is concurrently entering into a covenant running with the land with BCC to require BCC to operate, maintain and replace the nonstandard streetlights and intersection Improvements to assume all City obligations pursuant to the Agreement, and to hold harmless and indemnify the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: -,IV ov . City of Miami City Hall IIS iit A4to �. � „1,l ,a Legislation 3500 Pan American Drive r Miami, FL 33133 �—R � _- Resolution www.miamigov.com Enactment Number: R-16-0480 File Number: 1020 Final Action Date:10/13/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, TO FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD STREETLIGHTS WITHIN THE MIAMI-DADE COUNTY RIGHT-OF-WAY ALONG CERTAIN PORTIONS OF SOUTH MIAMI AVENUE, BOUND ON THE SOUTHERN SIDE BY SOUTHEAST/SOUTHWEST 7TH STREET AND BOUND ON THE NORTHERN SIDE BY SOUTHEAST 6TH STREET, MIAMI, FLORIDA, IN THE AREAS DEPICTED IN THE SKETCH ATTACHED AS EXHIBIT "A". WHEREAS, on July 28, 2011, the City Commission adopted Ordinance No. 13278, as amended on March 28, 2013 by Ordinance No. 13369, 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 Miami -Dade County ("County") to construct and maintain certain non- standard streetlights within the County Right -of -Way along certain portions of South Miami Avenue, bound on the southern side by Southeast/Southwest 7th Street and bound on the northern side by Southeast 6th Street, Miami, Florida ("Improvements"); and WHEREAS, the City and the County 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 streetlights pursuant to the Interlocal Agreement ("Agreement"); and WHEREAS, pursuant to Resolution No. 15-0540, the City Commission approved a covenant to run with the land with BCC to require BCC to operate, maintain and replace the non-standard Improvements, and to hold harmless and indemnify the City; and WHEREAS, BCC has requested permission from the City and the County to construct future intersection improvements at Southeast 6th Street and South Miami Avenue; and WHEREAS, the City is concurrently entering into a covenant running with the land with BCC to require BCC to operate, maintain and replace the nonstandard streetlights and intersection Improvements to assume all City obligations pursuant to the Agreement, 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' to execute an Agreement with Miami -Dade County, in substantially the attached form, to facilitate the installation and maintenance of the Improvements, within the County Right -of -Way along certain portions of South Miami Avenue, bound on the southern side by Southeast/Southwest 7th Street and bound on the northern side by Southeast 6th Street, Miami, Florida in the areas depicted in the sketch attached as Exhibit "A", provided that BCC has concurrently executed and recorded a covenant to run with the land with the City requiring BCC to install, operate, maintain and replace the Improvements, and to hold harmless and indemnify the City. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: r i ria i ndez, City yttor ey 10/312016 Revision B has the Scrivener's amendment made by law department and per legal opinion, it may be certified instead of Revision A. 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.