LTC 085-2004 Sidewalk Cafes in FDOT's Right-of-Way
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 085-2004
m
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~ ~
City Manager ----- D
SIDEWALK CAF S IN FOOT'S RIGHT-OF-WAY
Date: April 20, 2004
To:
Subject:
According to the Florida Department ofTransportation (FOOT) regulations, the operation of
sidewalk cafes within FOOT's right-of-way is considered illegal. For several years through
letters, e-mails and telephone conversations, City staff has been working with FOOT to
create an agreement so the sidewalk cafes in FOOT's right-of-way can continue to operate.
Throughout the course of meetings and discussion, FOOT insisted that the only way it
would allow the operation of sidewalk cafes was for the City to lease from FOOT entire
blocks of sidewalks where the sidewalk cafes are located. As a condition of the lease
agreement, the City would assume maintenance and repair responsibility, plus legal liability
on these blocks of sidewalks. An agreement could not be reached since the City was not
willing to assume the significant costs of maintenance and liability and FOOT would not
change its position.
After the Commission meeting on April 14, 2004, it was discovered that FOOT and the City
had entered into an Agreement in 1993 as part of the North Beach Streetscape
Improvement project. This information was not known or discussed in earlier
conversations with FOOT. Under the terms of this Agreement, copy attached, the City
agreed to assume liability for, to inspect the construction of, and to routinely and
periodically maintain the sidewalk portion of the streets which have been constructed and
modified in accordance with the North Beach Streetscape Improvement project. Therefore,
the City is already responsible to maintain and has the liability along Collins Avenue
sidewalks from 1500 feet south of 63rd Street (Alton Road) to 75th Street; and on 71st Street
and Normandy Drive from Collins Avenue to Rue Notre Dame.
The City Administration is currently working with FOOT's local administration to expedite
the processing of a Lease Agreement for those two corridors in North Beach and expects
to bring the agreement for Commission action as soon as possible. The City is still
exploring options to address and reduce our long term costs.
The issue of maintenance and liability responsibility still remains open for further discussion
and resolution for sidewalk cafes located outside the corridors already covered by existing
FOOT and City Agreement; however, it must be noted that the number of sidewalk cafes
operating outside of North Beach in FOOT's right-of-way currently is minimal.
Following Commission discussion, Commissioner Steinberg has made arrangements to
discuss this issue with the Governor's office in Tallahassee.
contact me if you have any other concerns or questions.
JM
F:IWORK\$ALLIO LucylL TCISidewalk Cafes in FDOT '-o-w.doc
COLLtijS AVENUE ACR&EMEN~
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THIS ACRSIj;HENT, entered into thIs ..2' day of -LY1~8C~
19 9~ by and between the STATE OF FLORIOA, DEPARntlNT or
TRANSPORTATION, a component ilgency of the State o.t Florida ,
hereinafter ref'erred to as the DEPARTMENT and the CITY OF MUJlI
BEACH a municipal corporiltion of the state of Florida, hereinatter
referred to as the "CITY".
WTTl'IESS"TIf
WHEREAS, the CITY is embarklnq on a program to beautify and
enhanqe streets within the corporate limits Of the CXTY; and
WHEREAS, the CQqJiI.s.ton of the CIty of Miami IihUIc:b, la
implementing a NORTH BlACH S1'REETSCAPE IMPROVEMENT PROJECT alQnq
COLLINS AVE;NUE public ri9ht-of-way I tro!D 1500 teet south of 63rd
Street (ALTON ROAD) to 7!>th Street; and on 71st STREET and HOl'llandy
Drive from... Collins Avenue to Rue Notre Da1l1e.
( II NORTH 8QC1f
STREETSCAPE IMPROVEMENT PROJECT") . which inclUdes aid_wllt
improvements ("SIDEWALK IMPROVEl>IENTS").
ImEflEAS, the CIT~ and theDEPAATME~ mutually recogni%e that
the mllintenllnc:e portions of the State Hlghway systeJI/ affected bl"
this pro'!rarn would be more. efficiently and efteotively partona,.d by
the CITi'; and
WHEREAS, the CITY, lmd the OEpARTflENT mutually recognize. the
need tor entering if\to itf\ aqreement designatin9 and settinIJ torth
tho responsibilitieso! the parties to this agreement.
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NOW THEREFORE, for and in cOnsideration of the CoVenant_
herein contained, it is mutually understood and agreed as folloli1Jl
1. The fOllo....ing terms as Used in this agreement are detJ.ntld aa
follows:
"STREETS" - the portion of State Road AlA (Section 81060),
also know as COLLINS AVENUE, from 1500 feet south or Urd Street to
75th street, and also State ROad 934 (Section 87080), also ~nllWn aa
lIst STREET and Normandy Drive from Collins Avenue to Rue Hott'll
Dame.
"STATE HIGHWAY SYSTEM"
Those roads which are the
juriSdictional responsibility of the DEPARTMENT as establieb"
pursuant to Florida Statutes,
"ROADWAY PORTION" - The portion of the STREET or HIGHlfA~tor
the intended use at vehicles, This would normally inc:lIIde the
travel lanes, curb, parking lanes, drainage and any special Ian..
for the movements at vehicles.
"SIDEWALK PORTION" - The pottion at the STREETS WhiCh U'e hOt
required tor the movement of vehicular tratUc and are intend" tor
the movement ot pedestrian traffic and may inclu<l.e llln(lllQ8pa
features such as trees, grates, and any decorative teaturesauch..
sid.walk and cross-walk brick pav.rs, decorative light poles, aiVn8
n.ot related to traffic control, benches - if thlllse it... are
propOsed by the CITY,
2, TheCI1'l1 il9rees to assume liability (or, to inspect the
COllstruction or, and to routinely and periOdically llIaintaIn tha
SIDEwALK PORTION of the STREETS which havo been constructe4 ~d
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modified in accordance with the NORTII BEACH S'J.'Il.EETSCAPE IMPIl.O\{UBHT ,
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PROJECT.
3. The DEPARTMENT agrees to routinely and periodically maintain
the ROADWAY PORTION of the STREETS less the landscape feat.ure$ and
decorative items and to be responsible for the operatIon ot thie
ROADWAY PORTION. Further, the DEPARTMENT agrees to routinely and
periOdically maintain the SIDEWALK PORTIoN of the STREETS tbat bave
not been mOdified in accordance with the NORTH BEACH STREETSCAP&
IMPROVEMENT PROJECT.
4. It, at any time during the term of this agreement it shall co_
to the attention ot.' the IIEPJ\RTMENT that the. CITY is not llIeetingite
Obligations with respe<;:t to maintenance of the SIDEWALK PORTION ot
the STREETS, thll DEPAR'L'MENT shall give the CITY written notice at
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Such deficiencies in maintenance and Operation. Thereafter, the
CITY shall have a period ot.' thirty (30) calendar days from the date
of notice within which to correct the cited deficiencies. Inthe
event the CITY fa i ls to respond to thllnoticll, or, does not, lIIake
sufficient pr09ress towards reDledyin9 the deficiencies then the
DEPARTMENT shall have the right, but not the Obligation, to correct
the deficiencies, and, in the event the DEPARTMENT does so correct
thll deficiencies, tllll CITY shall pay the DEPARTMENT all of it.
reasonably incurred costs in connectIon wi thsuCh work within
fortY-five (45) days of receipt at. an inVoice from the DEPARTMEN'l'.
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successors to the obligations respectively assumed by 8ac:b
hereunder.
5. The CITY, and the DEPARTMENT each bind themselves and their
6. To tile exte.nt permitted by laws, but only to the lblits -.t
forth in Florida Statutes, Section 768.28 the CITY covenants and
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agrees tlla tit will imJelllnify and hold harlOless the DEPARTMENT and
al! of the OEPAllTMJ;:NT's off'icers, agents and employees frOll !lny
claim, loss, damage, cost, Charge o~ e~pense arising Out 01' any
act, action, neglect or omiSsion by the CITY in the perto~ance Of
this AGREEMENT. Neither the CITlfnor any of their o:Uicers, .9'~ts
or emplOyees will be liable under this section for damages arising
out of injury or damages to persons or properties directly caUSed
or reSulting trom SOle negligence of the DEPARTMENT or any OEits
Officers, agents or employees.
7. ThIs ag~eement or part thereof is SUbject to termination upon
mutUal agreement by all parties.
The terms Of this agreement shall COll/lI/ence upon Completion of
constrUction and shall continue until termination in aCOOrdance.
with the above.
B. This wri t ing embodies the entir& AGREEMENT and understanding
between the parties hereto, and there. are no other agreements Ind
understandings, oral or written, with reference to the Subjac:t
matter hereOf that are not merged herein and sUperseded hereby. Ho
alteration, change Or mOdification of the terms of the AGRli:EMb'r
shall be Valid unless milde in writing and signed by each Pilrty
hereto.
This AGREEMENT, re9ardless Of where sign..~ .hall bet
governed and constructed aCCording to the laws of the Stat. o~
Florida.
9. AttaChed hereto is a c:ertified copy Of II ReSolution of the CITY
of Mia~i Beach Commission authorizing th& Mayor to enter Into thIe
AGREEMENT designated EXhibit "A" and by this l:'eference made a part
hereOf.
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IN WITNESS 'l'HEREO.fo', the parties hereof ..et their hands and
seal.. the day and year first above written.
Approved as to Form & LegalIty:
~i?
3J. ;;>,:s /93
ate I
Approved as to Form:
C~~ney
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STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
OepartlDent
At e t:~~ e ~"""-
C ty C erk,
City of Miami Beach
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IUlSOL.UT:ION NO.
93-20116
II RESOLU'1':ION OF TlIll CI'1'Y COIl.!t:I8SIONOF TlIB
C:ITY OF H:IlUI.I BBACK, FLOlUDA, AIl'rJtI)RIlUN<l THE
HAXOR AND TlIE CI'1'Y CLBRX TO BXECUTE A COLLINS
AVElflJE AGIUlE.IlBlft' BB'rIfBBN TKB STAT!! OF FLORIDA
DEPARTMENT or TR.lUlsPOR1'A'l'XON AND THB CrTY OJ'
MIAMI BEACK PBRTAINING TO HAINTBHANCll OF TKB
PORTION OF THE STATE HIGHWAY SXSTEM AFFECTBD
BY THB IIOR1'H BEACH S1'.REE'l'SCAPB IHPROVEKI:1C'1'
PROJEC'J.'
waEIUlA8, the City of Miami Beach ("City") is elllbarJc;ill9' on
a program to beautify and enhance streets within the corporate
limits of the City; and
Il'llEIUlAS, the Commission of the City is implell!!!ntill9 a
NORTH BEACH STREE'I'SCAPE IMPROVEIijWT PROJIlCT along Collin. Av."ue
public right-ot-way from 1500 feet south of 63rd Street CAlton
Road) to 75th Street: and on 71st Street and Normandy DriVe tr~
Collins Avenue to Rue Notre Dame, which includes sid*Walk
improvements; and
WHE1UlAS, the CITY and the STATE OF FLORIDA DEPAR'11IP'1' I)"
TRANSPORTATION ("DEPARTKENT") mutually recognize tlllrt; !:be
maintenance of the portions ot the state Highway system att'eoted by
this program wouill be more efficiently and effectively perforllltad by
the CITY; and
WHEllBl\s, the CITY, and the DEPARTMENT mutually recogniZe
the need for enterlnll into an llqreement desiqnati.ng an4 aettin'1
forth the responsibilities of the parties to this agreement.
WHEREAS, the city Manager recoil/mends apPl;'oval ot the
attached Collins Avenue Agreell/ent and the City Attorney h..
approved it as to form.
NOW, TlIElUlFO.RE, B!l IT lUlSOLVED BY THJ: CITY COKHIO.OJfOF
THE CITY OF MIAMI BIilACH, F:LOUDA, that !:be Mayor a d City Clex-II: a~.
authorized to execute a Collins Avenue A9reement etween the Stat.
of f'lorida Department of TranspClrtation and tile ty ot J(ia,ai 8eaQb
pertainin.; to maintenance of the pClrtion of he State Hi way
System affected by the NORTH BEACH STREETS CAPE . ROVEMENT PROJ
PASSED lU'lD ADOPTED THIS ~t. AY
1.993.
ATTEST:
"IQJ.....v..cl E 't.-~
Cit)' Clerk;
STATE 0 flORID"
COUNTY OF DADE,
t. RICl-IARD E. B.ROWN, Clly C1ell< ~ the
Cily or Miami Bc.ch. FI~rjda. do hel'1!.IlY ~rtlfy
thallhe ab"". and for.poing Is II tNe and'l!'
r.cl copy of the original thereof on llIe In 11>..
oftice~
WITNESS: my hand and lhe seal 01 said CIIy
lhi~ay o~A.a, 19'f.J
RICHARD E. BROWN
City Clerk of thl' Clt)' or !",i~: Bcach.Ftorlda
.dt ...&LNIJ) li.ht.h. )
8.: aepuly
FOIUI A'doVED ~
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CITY OF MIAMI BEACH
'.
QJ'fIC( OJ!: 'Hi CITY M....GtJII
COMMISSION MEMORANDUM NO. 1 ~ - q 3
rlLl'"OlIt'I"'_"1I
fAl' laIIa".me
TO:
MayQt Soymour Glfbtr end
MOII'Ibll" or 1"- Cl\y ComrnluIon
DATe: febtu..,. 3, ."3
FROM:
~~~\LG.~~
SUBJECT:
AGREEMENT BE'lWEEN mE CITY Of MlAMI BEAClf AND 'THE
FLORIDA DEPARTMENT OF 'I'lt.ANSJ>ORTATION TO MAIN'f.uN'THE
SIDEWALK IMPkOVEMENTS ON STATE RIGHT.Or.WAY
I~IPLEMENTED AS PART OFllll~ NORm SHORE COMMUNI'1'Y.uutA
IMPROVEMENTS, NOW KNOWN AS NORTH nEACH STRE~
IMPROVEMENT PROJECT.
AOMINtSTRATIO~ RECOMMENDATION:
The Administration 'tcomnlends that the Oty of MilImi Beatb enter inlO In AIr.emeru
wltb the Florida Oepartmenl ofTraruponation to mlIintaln certain Cil}' impl'lWCllICIIts on
the sidewalk area of the Slale right-of-way implemented as part of the Nonb Shore
COllUllUnity Atea Improvement Project, now i:IIown 11.1 the North Beac:h StreetKape
Improvemenl Project.
BACKGROUND
On December 16, 1992, the al}' elltered into a Joint Participation Agreelll!!nt with 1M
Florida Depanment of Transportallon relating to combining the FOOT
Collinsl Abboll/Harding AVenues Milling /Illd Resurfacing Project with the Oty of Mlami
Beach Nqrlh Shore CommuniI}' Atea Improvement Project. now knoWll as the NortbBe:adJ
Streel5cape Improvement Projett, and outlining FOOT COSI5 /Illd a scheduled IllIlIIIer of
reimbursement to the City of Miami Beach. As Indlcall:d in the atlachl:d correspondllllCe
and as rl:quired on olher similar projects (4 tsl Streel from Collins Avenue to A1lOn Road),
Ihe Slate requires a maintenance agreement for tbose improvements above and beyoocl
norm.1 Slale COfUlrtlelion StandlLld. lelallng 10 Ihe 5id~walk plIllion of the proj~.
CONCLUSION
1/1 kcepingwlth f10rida Department ofTrlUl$portallon policies on projecla or this nature aad
in keeping wilh lhe inlCnt of lbe Inlcr/<<al Agreemenl. il is reCOmmended that the Cil}'
Commission authorize cmering 11110 <he maimenance agreement fOlthe North ShMe ArCa
Improvement Project. !:'Ow known lIS the North Beach Slreetscape Improvement Projea.
RMC/RAG/et
Altachmenl
GO
AGENO"
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