HomeMy WebLinkAboutR-19-0453City of Miami
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Legislation Miami, FL 33133
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Resolution: R-19-0453
File Number: 6578 Final Action Date: 11/21/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDSCAPE,
IRRIGATION, AND BONDED AGGREGATE SURFACES MAINTENANCE
MEMORANDUM OF AGREEMENT ("MMOK), IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO
FACILITATE THE INSTALLATION AND MAINTENANCE OF BEAUTIFICATION
IMPROVEMENTS ("IMPROVEMENTS") ON STATE ROAD 5 (SR-5/US-
1/13ISCAYNE BOULEVARD) FROM NORTHEAST 56TH STREET TO
NORTHEAST 58TH STREET, MIAMI, FLORIDA, SUBJECT TO THE
EXECUTION AND RECORDATION OF A COVENANT RUNNING WITH THE
LAND BY BLVD 57 LP, A DELAWARE LIMITED PARTNERSHIP, THE OWNER
OF THE ADJACENT PROPERTY OR ITS SUCCESSOR(S)-IN-INTEREST
("OWNER'), IN FAVOR OF THE CITY REQUIRING THE OWNER TO
OPERATE, MAINTAIN, AND REPLACE THE IMPROVEMENTS, TO ASSUME
ALL CITY OBLIGATIONS PURSUANT TO THE MMOA, AND TO HOLD
HARMLESS AND INDEMNIFY THE CITY.
WHEREAS, the State of Florida Department of Transportation (TDOT") has jurisdiction
over State Road 5 (SR-5/US-1/Biscayne Boulevard) from Northeast 56th Street to Northeast
58th Street, Mami, Florida ("Street"); and
WHEREAS, BLVD 57 LP, a Delaware limited partnership ("Owner"), pursuant to Permit
#2019-L-691-000013 ("Permit"), has drafted design plans for beautification improvements on the
Street, the limits of which are described in the attached Exhibit "A" ("Project Limits"), adjacent to
the Owner's property; and
WHEREAS, the Owner intends to install landscape, irrigation, and bonded aggregate
surfaces in accordance with the design plans for the Permit ("Improvements") as approved by
FDOT and requests approval of the same; and
WHEREAS, the City of Miami ("City") is responsible for the maintenance and operation
of the Improvements pursuant to the attached Maintenance Memorandum of Agreement
("MMOA") between the City and FDOT; and
WHEREAS, the Owner will execute a covenant running with the land requiring the
Owner to operate, maintain, and replace the Improvements, assume all City obligations under
the MMOA, and hold harmless and indemnify the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 6578 (Revision:) Printed On: 12/11/2019
File ID: 6578
Enactment Number: R-19-0453
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, with FDOT to facilitate the installation and maintenance of the Improvements
within the Project Limits, subject to the Owner's execution and recordation of a covenant
running with the land in favor of the City requiring the Owner to operate, maintain, and replace
the Improvements, to assume all City obligations pursuant to the MMOA, and to hold harmless
and indemnify 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:
i ria i "ndez, City Attor.iey 11/6/2019
' 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 Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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: 6578 (Revision:) Printed on: 12/11/2019