HomeMy WebLinkAboutR-18-0131City of Miami
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Legislation
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Resolution: R-18-0131
File Number: 3825
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/12/2018
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 STATE ROAD ("SR") 5/UNITED STATES HIGHWAY 1
("US -1 ")/SOUTHEAST 4TH STREET/BISCAYNE BOULEVARD WAY FROM
SOUTHEAST 3RD AVENUE TO SOUTHEAST 4TH AVENUE, MIAMI, FLORIDA,
AS STATED HEREIN.
WHEREAS, the State of Florida Department of Transportation ("FDOT") has jurisdiction
over State Road ("SR") 5/United States Highway 1 ("US- 1 ")/Southeast 4th Street/Biscayne
Boulevard Way from Southeast 3rd Avenue to Southeast 4th Avenue, located within the limits of
the City of Miami ("City"); and
WHEREAS, MDM Retail, Ltd., a Florida Limited Partnership ("Developer'), has
requested permission from the City and FDOT for the construction, installation and maintenance
of the non-standard improvements within the FDOT right-of-way adjacent to the "MET Square"
project, pursuant to the Maintenance Memorandum of Agreement ("MMOA") between the City
and FDOT; and
WHEREAS, the parties to the MMOA mutually recognize the need for same, designating
and setting forth the responsibilities of each party with regards to the maintenance of the
landscape, irrigation, landscaping lighting, roadway lightings ("Improvements") pursuant to the
request; and
WHEREAS, the MMOA also addresses the obligations of each party with respect to
certain modifications and improvements within the FDOT right of way, within the above -
referenced limits, under FDOT Permit Nos. 2017 L 690 12 and 2017 C 690 07; and
WHEREAS, pursuant to the MMOA, the City shall be responsible for the operation and
maintenance of the Improvements; and
WHEREAS, the City shall enter into a covenant running with the land with the Developer
requiring the Developer to operate, maintain and replace the Improvements; and, further
requiring the Developer hold harmless and indemnify the City ("Covenant"), and all subject to
the city's receipt of the required adequate bond or surety from the Developer;
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.
City of Miami Page 1 of 2 File ID: 3825 (Revision:) Printed On: 7/27/2018
File ID: 3825
Enactment Number: R-18-0131
Section 2. The City Manager is authorized' to execute the MMOA, in substantially the
attached form, to facilitate the installation and maintenance of the Improvements provided that
Developer has executed a covenant running with the land with the City to require Developer to
operate, maintain and replace the Improvements and hold harmless and indemnify the City, and
subject to the City's receipt of the required adequate bond or surety from the Developer.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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i ria i�t-ndez, City Httor ey 4/3/2018
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: 3825 (Revision:) Printed on: 7/27/2018