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HomeMy WebLinkAboutR-16-0481City of Miami Legislation Resolution: R-16-0481 File Number: 1021 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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: City of Miami Page 1 of 2 File ID: 1021 (Revision: A) Printed On: 6/4/2018 File ID: 1021 Enactment Number: R-16-0481 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 "ndez, City Attor ey 10/312016 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. 1 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: 1021 (Revision: A) Printed on: 6/4/2018