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HomeMy WebLinkAboutAgenda Item Summary FormDate: 09/19/2016 AGENDA ITEM SUMMARY FORM File ID: #1021 Commission Meeting Date: 10/13/2016 Requesting Department: Department of Public Works Sponsored By: District Impacted: District 2 Type: Resolution Subject: Covenant - Non -Standard Streetlights Purpose of Item: A Resolution of the Miami City Commission accepting and authorizing the City Manager to execute a covenant running with the land with Brickell City Centre Project, LLC (BCC) for the installation and maintenance of non-standard improvements, including street lighting, within the dedicated public right-of-way adjacent to the Property, including those portions of SE 6th Street and S. Miami Avenue in which the City accepted maintenance responsibilities from the Miami - Dade Interlocal Agreement. Background of Item: The Brickell City Centre 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 will construct the non-standard improvements, indemnify and hold the City harmless and be responsible for their maintenance by way of a covenant running with the land with the City. Execution of the covenant by BCC is required prior to the City's execution of an Interlocal Maintenance Agreement with the County. 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 Office of Management and Budget Luis Hernandez -Torres Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Daniel J. Alfonso Office of the City Attorney Valentin J Alvarez Office of the City Attorney Valentin J Alvarez Office of the City Attorney Victoria Mendez Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 09/23/2016 4:59 PM Budget Analyst Review Completed 09/26/2016 11:25 AM Budget Review Completed 09/27/2016 2:34 PM Assistant City Manager Review Completed 09/28/2016 12:05 PM City Manager Review Completed 09/30/2016 11:53 AM Legislative Division Review Completed 10/03/2016 5:32 PM Review Pending Skipped 10/03/2016 5:32 PM Approved as to Form and Correctness Completed Approved as to Form and Correctness Completed Meeting Completed 10/13/2016 9:00 AM Signed by the Mayor Completed 10/19/2016 6:01 PM Signed and Attested by the City Clerk Completed 10/19/2016 6:55 PM Office of the City Attorney Victoria Mendez 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 A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BRICKELL CITY CENTRE PROJECT LLC 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 running 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 execution of said covenant is a precondition to the City's execution of an Interlocal Agreement(s) with the County 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. -,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-16-0481 File Number: 1021 Final Action Date:10/13/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BRICKELL CITY CENTRE PROJECT LLC 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 running 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 execution of said covenant is a precondition to the City's execution of an Interlocal Agreement(s) with the County 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 Manager is authorized' to execute a covenant running with the land, in substantially the attached form, with BCC to facilitate the installation and maintenance of 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, in the areas depicted in the sketch attached as Exhibit "A". Section 3. 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 . nd- eCity Attor ey 10/312016 Revision A has the Scrivener's amendment made by law department and per legal opinion, it may be certified. 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.