2017-29869 Reso 2017-29869
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING EXECUTION OF
A COVENANT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-
DADE COUNTY, ACCEPTABLE TO THE CITY MANAGER AND THE
CITY ATTORNEY, FOR THE MAINTENANCE OF CERTAIN
IMPROVEMENTS WITHIN MIAMI-DADE COUNTY RIGHTS-OF-WAY
FOR GREEN BICYCLE LANES ON THE VENETIAN CAUSEWAY
BETWEEN DADE BOULEVARD AND THE MIAMI BEACH CITY
LIMITS.
WHEREAS, in 2015, the City of Miami Beach (City) commenced the green bicycle program
with the striping of green bicycle lanes along 16th Street between Bay Road and Washington
Avenue; and
WHEREAS, since the beginning of the program, green bicycle lanes have been
implemented on the following roadways :
• Alton Road, from South Pointe Drive to 5th Street, including South Pointe Drive from
Alton Road to Ocean Drive (3,924 ft)
• Prairie Avenue from 34 Street to 44 Street (3,076 ft)
• Royal Palm Avenue from 42 Street to 47 Street (4,532 ft)
• 47 Street from Pine Tree Drive to Alton Road (4,688 ft)
• Ocean Drive from 5 Street to South Pointe Drive (3,784 ft)
• Dickens Avenue from 71 Street to 79 Street (4,646 ft)
• Byron Avenue from 82 Street to 87 Terrace (3,560 ft); and
WHEREAS, one of the corridors the City has been coordinating for green striping is the
Venetian Causeway; and
WHEREAS, the Venetian Causeway is the principal connector for pedestrian and
bicyclists between the City of Miami Beach and the City of Miami; and
WHEREAS, jurisdiction and maintenance responsibilities for Venetian Causeway is the
responsibility of Miami-Dade County (County); and
WHEREAS, given the interest from the City to stripe the bicycle lanes green along this
corridor, the County has requested that the City assume maintenance of the green bicycle lanes
because the anticipated maintenance of this improvement falls outside their current maintenance
service levels; and
WHEREAS, to transfer the maintenance responsibility of green bicycle lane
improvements, the County is proposing a Covenant for Maintenance of the Green Bicycle Lanes
along Miami-Dade County Rights-of-Way; and
WHEREAS, in order to approve the City's striping of green bicycle lanes along Venetian
Causeway, the County is requiring that a maintenance covenant be executed by the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission
hereby authorize the execution of a covenant between the City of Miami Beach and Miami-Dade
County, acceptable to the City Manager and the City Attorney, for the maintenance of certain
improvements within Miami-Dade County Rights-of-Way for green bicycle lanes on the Venetian
Causeway between Dade Boulevard and the Miami Beach City Limits.
PASSED AND ADOPTED this /7 day of May, 2017
.,- /��
ATTEST: /
I/
Philip Levine' ayo
Rafael E. Granado, ity lerk ..
' •,. ‘"e . � APPROVED ���, TO
- ! FORM & LANC-`.JAGE
�``* = &FOR
E LiION
0 INCORP ORATE;
y ��
.ate. 5r � r 7
--V,.;•... —� 03',:r City Attorney ,sgDote
1.4.11L'H 26
T:\AGENDA\2017\5-May\Transportation\Resolution Authorizing City Manager to Execute Covenant for Maintenance of Green Bicycle Lanes-
RESO.docx
Resolutions - R7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 17, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A COVENANT FOR MAINTENANCE OF CERTAIN
IMPROVEMENTS WITHIN MIAMI-DADE COUNTY RIGHT-OF-WAY
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY FOR
MAINTENANCE OF GREEN BICYCLE LANES ON THE VENETIAN
CAUSEWAY, BETWEEN DADE BOULEVARD AND THE CITY LIMITS.
RECOMMENDATION
It is recommended that the Mayor and City Commission of the City of Miami Beach authorize the
City Manager to execute the covenant.
BACKGROUND
In 2015, the City commenced the green bicycle program with the striping of green bicycle lanes along
16th Street between Bay Road and Washington Avenue. Since the beginning of the program, the
following roadways have been implemented:
• Alton Road, from South Pointe Drive to 5th Street, including South Pointe Drive from Alton
Road to Ocean Drive (3,924 ft)
• Prairie Avenue from 34 Street to 44 Street (3,076 ft)
• Royal Palm Avenue from 42 Street to 47 Street (4,532 ft)
• 47 Street from Pine Tree Drive to Alton Road (4,688 ft)
• Ocean Drive from 5 Street to South Pointe Drive (3,784 ft)
• Dickens Avenue from 71 Street to 79 Street (4,646 ft)
• Byron Avenue from 82 Street to 87 Terrace (3,560 ft)
One of the corridors the City has been coordinating for green striping is the Venetian Causeway.
The Venetian Causeway is the principal connector for pedestrian and bicyclists between the City of
Miami Beach and the City of Miami. On a daily basis, many bicycle and pedestrians utilize this
corridor for commuting and exercising. Given the activity through this corridor and the proven safety
benefits of green bicycle lanes, the City Commission has prioritized this corridor for green bicycle
lanes improvements.
Page 712 of 878
ANALYSIS
The Venetian Causeway is under County jurisdiction. All maintenance of devices related to this
corridor fall under County responsibility. Given the interest from the City to stripe the bicycle
lanes green along this corridor, the County has requested that the City assume maintenance of
the green bicycle lanes because the anticipated maintenance of this improvement falls outside
their current maintenance service levels.
To transfer the maintenance responsibility of the improvement, the County has drafted a
covenant for maintenance of the green bicycle lanes along Miami-Dade County Right-of-Way.
The covenant is specific on the maintenance requirements of the green bicycle improvement.
According to the proposed covenant, Miami-Dade County will provide notice to the City (60
days) prior to any repairs affecting the City's green bicycle lanes and if the County needs to
repair or maintain the City's green bicycle lanes, reimbursement by the City will be required. In
order to approve the City's striping of green bicycle lanes along Venetian Causeway, the County
is requiring that the maintenance covenant be executed by the City.
The City has issued a work order to a contractor for the implementation of the Green Bicycle
Lanes along the corridor. Upon acceptance of the executed covenant by Miami-Dade County,
the contractor will immediately commence work on the green bicycle lanes.
CONCLUSION
KEY INTENDED OUTCOMES SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
FINANCIAL INFORMATION
There is no financial impact from entering the Maintenance Covenant.
Legislative Tracking
Transportation
ATTACHMENTS:
Description
Covenant For Maintenance of Certain improvements Within Miami-Dade County Right-of-Way
Between The City of Miami Beach and Miami-Dade County
Page 713 of 878
COVENANT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS WITHIN
MIAMI-DADE COUNTY RIGHT-OF-WAY BETWEEN THE CITY OF MIAMI BEACH
AND MIAMI—DADE COUNTY
WHEREAS, the City of Miami Beach requests permission to install green paint along the
existing bicycle lanes on Venetian Causeway (the "Improvements") within the public road right-
of-way; and
WHEREAS, the City of Miami Beach and Miami-Dade County are mutually desirous of providing
assurances for the future continued maintenance, repair and replacement of the Improvements;
and
WHEREAS, the City of Miami Beach shall be solely responsible for the installation and
maintenance of the Improvements.
NOW, THEREFORE, in consideration of the covenants herein provided, the City of Miami
Beach agrees as follows:
1. To maintain, repair and replace, when necessary, the Improvements. If it becomes
necessary for Miami-Dade County to make repairs, maintain or replace the
Improvements including restoration of street, by reason of the City of Miami Beach's
failure to do so, such expense shall be paid by the City of Miami Beach.
2. To the extent allowed by Florida Statue 786.28, the City of Miami Beach does hereby
agree to indemnify and hold Miami-Dade County harmless from any and all liability for
personal injury/property damage that may arise by virtue of the City of Miami Beach's
own negligence which may come from Miami-Dade County permitting the installation of
the Improvements within the public right-of-way, or from the City of Miami Beach's
negligent failure to maintain or operate the Improvements.
3. The City of Miami Beach does hereby agree to remove or relocate the Improvement(s)
at the City of Miami Beach's own expense, within 60 days notice by the County to do so.
Failure to comply with this notice will result in Miami-Dade County causing the
Improvement(s) to be removed and all costs incurred in the removal and disposal of the
Improvement(s) shall be assessed against the City of Miami Beach.
4. The undersigned further agrees that these conditions shall be deemed a Covenant
between the City of Miami Beach and Miami-Dade County and shall remain in full force
and effect and be binding on the City of Miami Beach until such time as this obligation
has been cancelled by an affidavit filed in the Public Records of Miami-Dade County,
Florida by the Director of the Department of Transportation and Public Works (or their
fully authorized representative) or by the Director of the Department of Parks
Recreations and Open Spaces (or their fully authorized representative).
1
Page 714 of 878
Signed, sealed, executed and acknowledged on the day of , 20
at Miami Beach, Florida.
Signed, sealed and delivered in
the presence of:
(SEAL)
(SEAL)
(ACKNOWLEDGEMENT—CORPORATION)
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, this day personally appeared
and both being to me well known and known by me to be
the City Manager and Assistant City
Manager of the a Corporation under the laws of the
State of , and which said Corporation is known by me to be the person
described in and which executed the foregoing Covenant, the said officers of the said
Corporation being likewise known by me to be the officers thereof who, in their official capacities
as such officers of said Corporation executed, signed and delivered the said Covenant as the
act and deed of said Corporation, and the said officers of said Corporation then and there
severally acknowledged to and before me that they executive the said Covenant, acting in their
said official capacities for and as the act and dead of the said Corporation and in its name, and
impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after
being thereunto by the said Corporation duly authorized and directed.
WITNESS my hand and official Seal at , in the County and
State aforesaid, on this, the day of , A.D. 20
Notary Public, State of
My Commission expires:
2
Page 715 of 878