HomeMy WebLinkAboutR-19-0088City of Miami
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Legislation
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try Resolution: R-19-0088
File Number: 5469
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/14/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR LANDSCAPE AND PAVERS IN
ACCORDANCE WITH THE DESIGN PLANS ON FILE FOR PERMIT # 2018-L-
690-008 ON STATE ROAD 5/US-1/BISCAYNE BOULEVARD FROM
NORTHEAST 39TH STREET TO NORTHEAST 41 ST STREET, WHICH IS
LOCATED WITHIN THE LIMITS OF THE CITY OF MIAMI, FLORIDA.
WHEREAS, the State of Florida Department of Transportation (TDOT") has jurisdiction
over State Road 5/US-1/Biscayne Boulevard ("SR -5") from Northeast 391h Street to Northeast
41s' Street, which is located within the limits of the City of Miami ("City"); and
WHEREAS, 3900 Bayviews LLC, a Florida limited liability company ("Developer'),
pursuant to Permit # 2018-L-690-008, has prepared design plans for beautification
improvements on SR -5 from Northeast 391h Street to Northeast 41 St Street, Miami, Florida, the
limits of which are described in the Exhibit 'A" attached and incorporated ("Project Limits"),
which by reference shall become a part of this Maintenance Memorandum of Agreement
("Agreement"); and
WHEREAS, the Developer will install landscape and pavers in accordance with the
design plans for Permit # 2018-L-690-008 ("Improvements") as approved by FDOT; and
WHEREAS, the City is aware this Agreement will supplement any and all other
maintenance requirements between FDOT and the City for all previously executed Permits and
Agreements regarding SR -5; and
WHEREAS, the parties to this Agreement mutually recognize the need for entering into
an agreement designating and setting forth the City's responsibilities with regards to the
maintenance of the landscape and pavers within the Project Limits; 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 hold harmless
and indemnify the City, 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: 5469 (Revision:) Printed On: 411/2019
File ID: 5469
Enactment Number: R-19-0088
Section 2. The City Manager is authorized' to execute the Agreement, in substantially
the attached form, with FDOT, to allow for the installation of the Improvements, subject to the
Developer executing a covenant running with the land with the City, requiring the Developer to
operate, maintain, and replace the Improvements, and hold harmless and indemnify the City,
and provide the required adequate bond or surety, from the Developer in favor of the City.
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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' 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: 5469 (Revision:) Printed on: 4/1/2019