HomeMy WebLinkAboutR-19-0162City of Miami
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Legislation
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Resolution: R-19-0162
File Number: 4335
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/25/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
TEMPORARY ACCESS AND HOLD HARMLESS/INDEMNIFICATION
AGREEMENT ("ACCESS AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI-
DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD"), WHEREBY THE CITY
GRANTS TO THE SCHOOL BOARD TEMPORARY ACCESS RIGHTS TO
REMOVE THE PEDESTRIAN BRIDGE CONNECTING MIAMI EDISON SENIOR
HIGH SCHOOL LOCATED AT 6101 NORTHWEST 5TH COURT, MIAMI,
FLORIDA, THE CITY -OWNED PROPERTY LOCATED AT 525 NORTHWEST
62ND STREET, MIAMI, FLORIDA AND KNOWN AS ATHALIE RANGE PARK,
WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN
THE ACCESS AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER
TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH ACCESS
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE.
WHEREAS, the City of Miami ("City") is the owner in fee simple of certain real property
located at 525 Northwest 62nd Street, Miami, Florida known as Athalie Range Park ("Park");
and
WHEREAS, the Miami -Dade County School Board ("School Board") is the owner in fee
simple of certain real property located at 6101 Northwest 5th Court, Miami, Florida known as
Miami Edison Senior High School ("School"); and
WHEREAS, in 1976, the School Board constructed a pedestrian bridge ("Bridge") to
provide safe access to the Park from the School for student recreational use and after-hours
access to the School by the community; and
WHEREAS, the School Board has determined that given the Bridge's disuse, age, and
unsafe physical condition, the appropriate action is to demolish the Bridge; and
WHEREAS, the Superintendent of the School Board has been authorized to negotiate
and execute a Temporary Access and Hold Harmless/Indemnification Agreement ("Access
Agreement") with the City to demolish and remove the Bridge; and
WHEREAS, the City requires the execution of the Access Agreement as a condition
precedent to the granting of temporary access to and use of the Park to allow the School Board
to demolish and remove the Bridge;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 4335 (Revision:) Printed On: 5/8/2019
File ID: 4335
Enactment Number: R-19-0162
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' and directed to execute an Access
Agreement, in substantially the attached form, between the City and the School Board, granting
the School Board temporary access rights to remove the Bridge connecting the School and the
Park, with terms and conditions more particularly described in the Access Agreement.
Section 3. The City Manager is authorized' to make any non -substantive amendments
to such Access Agreement, in a form acceptable to the City Attorney, necessary for said
purpose.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor2
APPROVED AS TO FORM AND CORRECTNESS:
1
Una nde�z ity Attor iey 7/10/2018
' 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: 4335 (Revision:) Printed on: 5/8/2019