HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
x File ID: #4094
Date: 05/03/2018 Requesting Department: Department of
Resilience and Public Works
Commission Meeting Date: 06/14/2018 Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Execute MMOA - SW 8th Street from SW 1st Ave to South Miami Ave
Purpose of Item:
A Resolution of the Miami City Commission authorizing the City Manager to execute a
Landscape, Planters, Pavers and Decorative Lighting Maintenance Memorandum of
Agreement (MMOA) with the City of Miami and the Florida Department of
Transportation ("Department") for (SR -90) SW 8th Street from SW 1st Avenue to South
Miami Avenue, Miami, Florida.
Background of Item:
The Developer - Brickell Bayview Owner, LP, a Delaware 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 on SW 8th Street. 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:
Reviewed By
Department of Resilience and Public Works
Review Completed
05/03/2018 3:13 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
Nikolas Pascual
Legislative Division
Valentin J Alvarez
Office of the City Attorney
Pablo Velez
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
ACA 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
05/07/2018 5:49 PM
05/07/2018 5:57 PM
05/14/2018 9:16 AM
05/14/2018 2:42 PM
05/17/2018 9:11 AM
05/18/2018 11:45 AM
05/24/2018 11:33 AM
06/01/2018 5:32 PM
06/14/2018 9:00 AM
06/25/2018 2:59 PM
06/25/2018 3:45 PM
06/25/2018 3:45 PM
File Number: 4094
City of Miami
Legislation
Resolution
Enactment Number: R-18-0234
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:6/14/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT ("MMOK) WITH THE FLORIDA DEPARTMENT
OF TRANSPORTATION ("FDOT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO
FACILITATE THE INSTALLATION AND MAINTENANCE OF NON-STANDARD
IMPROVEMENTS INCLUDING LANDSCAPE, PLANTERS, PAVERS, AND
DECORATIVE LIGHTING WITHIN STATE ROAD RIGHT-OF-WAY ALONG CERTAIN
PORTIONS OF STATE ROAD ("SR") 90 (SOUTHWEST 8TH STREET) FROM
SOUTHWEST 1 ST AVENUE TO SOUTH MIAMI AVENUE, MIAMI, FLORIDA, AS
STATED HEREIN.
WHEREAS, the Florida Department of Transportation (TDOT") has jurisdiction over
State Road ("SR") 90 (Southwest 8t" Street) from Southwest 1St Street to South Miami Avenue
(TDOT Right -of -Way"), which is located within the limits of the City of Miami ("City"); and
WHEREAS, Brickell Bayview Owner, LP, a Delaware Limited Partnership ("Developer"),
has requested permission from the City and FDOT to construct and maintain non-standard
improvements within the FDOT Right -of -Way; and
WHEREAS, the Maintenance Memorandum of Agreement ("MMOA"), attached and
incorporated herein as Exhibit "A", addresses the obligations of each party with respect to
certain modifications and improvements within the FDOT Right -of -Way under FDOT Permit
Nos. 2014 A 690 44, 2014 D 690 44, 2015 L 690 07, 2015 K 690 52 and 2017 L 690 11; and
WHEREAS, the parties to MMOA mutually recognize the need for entering into the
MMOA designating and setting forth the responsibilities of each party with regards to the
maintenance of the landscape, planters, pavers, and decorative lighting ("Improvements")
pursuant to the Developer's request; and
WHEREAS, the City shall be responsible for the operation and maintenance of the
Improvements; and
WHEREAS, the City and the Developer will execute a covenant running with the land
requiring the Developer to operate, maintain, and replace the Improvements and hold harmless
and indemnify the City ("Covenant");
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, subject to the
execution of the Covenant.
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, Cify Attor iey 6/1/2018
' 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.