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HomeMy WebLinkAboutR-19-0162City of Miami 1 i.RR cl Legislation alldl 1 l + 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