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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM x File ID: #3825 Date: 03/15/2018 Requesting Department: Department of Resilience and Public Works Commission Meeting Date: 04/12/2018 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Authorize Maintenance MOA - SR5/US-1/SE 4 St/Biscayne Blvd Way Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to execute a Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for installation and maintenance of non-standard improvements - landscape, irrigation, landscaping lighting, roadway lighting - within State Road right-of- way, along certain portion of State Road (SR) 5/US-1/SE 4 Street/Biscayne Boulevard Way from SE 3 Avenue to SE 4 Avenue. Background of Item: The Developer — MDM Retail, LTD., a Florida Limited Partnership — has requested permission from the City and the Florida Department of Transportation (FDOT) to construct and maintain the non-standard improvements within the State right-of-way adjacent to MET Square project. The Developer will construct and install the improvements, will indemnify and hold the City harmless, will be responsible for their maintenance by way of a covenant running with the land with the City. The Developers will execute the required covenant prior to the City's execution of the Maintenance Memorandum of Agreement (MMOA) with the FDOT. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Resilience and Public Works Review Completed 03/14/2018 12:03 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min 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 Office of the City Clerk City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 03/19/2018 8:15 PM 03/20/2018 4:02 AM 03/20/2018 5:41 AM 03/20/2018 5:41 AM 03/28/2018 10:49 AM 03/29/2018 11:08 AM 04/03/2018 5:51 PM 04/12/2018 9:00 AM 04/19/2018 6:16 PM 04/19/2018 6:37 PM 04/19/2018 6:37 PM File Number: 3825 City of Miami Legislation Resolution Enactment Number: R-18-0131 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 (TDOT") 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. 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: 1 i ria i ' ndez, City Attor ey 41312018 ' 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.