C7M-Execute Landscape-Irrigation Maintenance MOA w- FDOT A1A-Indian Creek DriveCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute A Landscape And Irrigation Maintenance Memorandum
Of Agreement, With The Florida Department Of Transportation, For The Relocation Of Landscape Along
State Road A1Nindian Creek Drive From 42nd Street To 44th Street, As Part Of The State Road A1N
Indian Creek Drive Project From 42nd Street To 44th Street And State Road A1NCollins Avenue/Indian
Creek Drive Project Along 43rd Street.
Ke Intended Outcome Su orted:
Maintain Miami Beach public areas & rights of way Cit ide
Item Summai}'/Recommendation:
The Florida Department of Transportation (FOOT) is planning to construct improvements on State Road
(SR) A 1 Nlndian Creek Drive from 42nct Street to 44th Street and on SR A 1 NCollins Avenue/Indian Creek
Drive along 43rd Street. The purpose of these two projects is to improve storm water infrastructure and
traffic safety. Project construction is scheduled to begin in March 2014 and be completed by December
2014. The scope of the project along Indian Creek Drive from 42nd Street to 44th Street includes milling,
resurfacing, and restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian
ramps to comply with the current American with Disabilities Act (ADA) standards, installing new signage
along the corridor, and relocation of landscape features. The scope of the adjoining project along 43rd
Street includes major upgrades to the storm water system and installation of a storm water pump station
and pollution control structures at the 43rd Street street~end. As part of the proposed improvements, FOOT
will require the relocation of eleven (11) coconut palm trees from the modified areas to other landscaped
areas within the project limits.
As part of a previous FOOT construction project on Indian Creek Drive, FOOT installed landscaping
improvements in the roadway median. Although no maintenance agreement was formally executed by the
City and FOOT at the time of landscape installation, the City of Miami Beach Parks and Green Space
Management Department has been performing scheduled maintenance activities for the landscape and
irrigation within FOOT right~of-way. In order for FOOT to include the necessary relocation of the landscape
as part of the Project, the execution of a Landscape and Irrigation Maintenance Memorandum of
Agreement with the City is required to stipulate maintenance responsibilities between the parties.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
I I 2
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Richard Saltrick, Public Works X6565
n-Offs:
Department Director
JJF
MIAMI BEACH
Account
264
Approved
AGENDA ITEM
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochH.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera-Bower and ~embers
Jimmy L. Morales, City Manag J __...----
DATE: May 8, 2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LANDSCAPE AND IRRIGATION MAINTENANCE MEMORANDUM OF
AGREEMENT, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE
RELOCATION OF LANDSCAPE ALONG STATE ROAD A1AIINDIAN CREEK DRIVE
FROM 42"d STREET TO 44th STREET, AS PART OF THE STATE ROAD A1Af INDIAN
CREEK DRIVE PROJECT FROM 42"d STREET TO 44th STREET AND STATE ROAD
A1AICOLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG 43rd STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND
The Florida Department of Transportation (FOOT) is planning to construct improvements on State
Road (SR) A1A/!ndian Creek Drive from 42nd Street to 44th Street and on SR A1A/Collins
Avenue/Indian Creek Drive along 43rd Street. The purpose of these two projects is to improve storm
water infrastructure and traffic safety. Project construction is scheduled to begin in March 2014 and
be completed by December 2014. The scope of the project along Indian Creek Drive from 42nd
Street to 441h Street includes milling, resurfacing, and restriping; repairing existing sidewalks, curb
and gutter; upgrading the existing pedestrian ramps to comply with the current American with
Disabilities Act (ADA) standards, installing new signage alon~ the corridor, and relocation of
landscape features. The scope of the adjoining project along 43r Street includes major upgrades to
the storm water system and installation of a storm water pump station and pollution control
structures at the 43rd Street street-end. As part of the proposed improvements, FOOT will require
the relocation of eleven (11) coconut palm trees from the modified areas to other landscaped areas
within the project limits.
As part of a previous FOOT construction project on Indian Creek Drive, FOOT installed landscaping
improvements in the roadway median. Although no maintenance agreement was formally executed
by the City and FOOT at the time of landscape installation, the City of Miami Beach Parks and
Green Space Management Department has been performing scheduled maintenance activities for
the landscape and irrigation within FOOT right-of-way. In order for FOOT to include the necessary
relocation of the landscape as part of the Project, the execution of a Landscape and Irrigation
265
Commission Memorandum-FDOT Agreements for Indian Creek Drive from 42nd Street to 44 1h Street
May 8, 2013
Page 2 of 2
Maintenance Memorandum of Agreement with the City is required to stipulate maintenance
responsibilities between the parties.
ANALYSIS
Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA)
The FOOT project along 43rd Street includes the construction of one (1) storm water pump station to
address the current flooding issues along 43rd Street and along Indian Creek Drive from 41st Street
to 44th Street. Via Resolution No, 2012-28085 adopted on December 12, 2012, City Commission
approved a Perpetual Easement Agreement to allow FOOT to construct the pump station at the west
street-end of 43rd Street. Currently, there are six (6) existing coconut palms located on the west
street-end of 43rd Street which will require relocation to other locations within the project limits in
order to accommodate the proposed storm water pump station.
As part of the Indian Creek Drive project, and as a result of a recent FOOT traffic safety study,
FOOT is proposing modifications to the raised median, pavement markings, and signage at the
intersections of Indian Creek Drive and 42nd Street and Indian Creek Drive and 43rd Street. The
median modifications will serve to reduce conflict points between turning movements and improve
operational safety at these intersections. The proposed modifications to the median will require the
relocation of five (5) existing coconut palms. All coconut palm trees to be removed as part of the
project will be relocated to other locations within the project area.
FOOT requires the execution of a Landscape and Irrigation MMOA for the maintenance of the
project landscape and irrigation system. Pursuant to the Landscape and Irrigation MMOA, FOOT
will relocate the conflicting landscaping and irrigation features in order to construct the storm water
pump station, pollution control structures, and median modifications in accordance with the design
plans. Since the City is currently maintaining the landscape features along this corridor, the
execution of the Landscape and Irrigation MMOA will not result in any additional costs to the City.
CONCLUSION
The Administration believes that the proposed storm water drainage and safety enhancements to be
constructed as part of the FOOT Indian Creek Drive and 43rd Street Project are important to the
sustainability and quality-of-life of the City. The proposed storm water and safety improvements
along Indian Creek Drive and 43rd Street will require execution of a Landscape and Irrigation MMOA.
As such, the Administration recommends approving the Resolution authorizing the aforementioned
Agreement with FOOT.
Attachment:
Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA)
JLM/J~~/JRG/JFD
T:\AGENDA\2013\May 8 \FOOT Landscape and Irrigation MMOA Agreement
266
FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE AND IRRIGATION
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on 20 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, hereinafter called the
DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation
of the State of Florida, hereinafter called the CITY, and
collectively referred to as the PARTIES.
RECITALS:
P... The DEPARTMENT has jurisdiction over State Road ( S. R.)
All\/ Indian Creek Drive from 44th Street (M.P. 0. 000) to 41st
Street (M.P. 0.198), which is located within the limits of
the CITY; and
B. There have been beautification improvements installed on
S. R. AlA/ Indian Creek from 44th Street to 41 ,,t Street, the
limits of which are described in the attached Exhibit 'P..'
(the PROJECT LIMITS), which by reference shall become a
part of this AGREEMENT; and
C. The DEPARTMENT will be relocating the previously installed
landscape and irrigation systems in accordance with the
design plans for Contract# T-6322, (the "Project"); and
D. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting
forth the responsibilities of each party with regards to
the maintenance of the existing landscaping and irrigation
systems installed pursuant to the Project; and
E. The CITY, by Heso1ution No. dated ___ ,,. ·'
attached hereto as Exhibit 'B', which by reference shall
become a part of this AGREEMENT, desires to enter into this
AGREEMENT and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual
benefits contained herein and other good and valuable
consideration, the parties covenant and agree as follows:
Maintenance Meme>randum of Agreement between Florida Depa1tment ofTranspOitation and City of Miami I3each
Page 1 of 11
267
1. RECITALS
The recitals in
' j-' are 1ncorpora~ea
hereof.
this AGREEMENT are true and
herein by reference and
2. DEPARTMENT RESPONSIBILITIES
correct,
made a
and
part
The PARTIES agree that the execution of this AGREEMENT
shall constitute an assignment of all maintenance
responsibilities pertaining to the landscaping and
irrigation systems within the PROJECT LIMITS to the CITY in
perpetuity upon the DEPARTMENT's release of its contractor
frorr: ft.Li~thr:?: Harranty work and responsibility, as set !.orth
in Sectiorr 580 5 of the DEPARTMENT's Standard Specification
for Road and Bridge Construction.
3. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall maintain the landscape and irrigation in
accordance with all applicable DEPARTMENT guidelines,
standards, and procedures, which shall include but shall
not be limited to the Maintenance Rating Program Handbook,
as may be amended from time to time. Additionally, the
CITY shall maintain the landscape and irrigation in
accordance with the International Society of Arboriculture
standards, guidelines, and procedures, as may be amended
from time to time, and in accordance with the standards set
forth in the Project Plans, and in the Project
Specifications and Special Provisions. The CITY'S
maintenance obligations shall inc:iude but not. be limited
to:
a. Mowing, cutting and/ or trimming and edging the grass
and turf.
b. Pruning all plant materials, which include trees,
shrubs and ground covers, and parts thereof.
Properly remove all flowers and remove all fronds
(leaves), which droop below a perpendicular angle to a
tree trunk, from the Cocos nucifera trees (Coconut
Palms) that overhand any travel lanes, sidewalks,
parking areas, or any other areas where pedestrians or
vehicular activites rrtay conflict with production of
Maintenance Memorandum of Agreement between Florida Dcpattment of Transportation and City of Miami Beach
Page 2 of 11
268
d.
fruit (coconuts) or dropping fronds.
Removing and properly disposing of dead, diseased or
otherwise deteriorated plants in their entirety, and
replacing those that fall below the standards set
forth in the PROJECT Plans and in the Project
Specifications, incorporated herein by reference, and
all applicable Department guidelines, standards and
procedures, as may be amended from time to time. All
replacement materials shall be in accordance with the
Project Plans and the Project Specifications and
Special Provisions.
e. Mulching all plant beds and tree rings.
f. Removing and disposing of dll undesirable vegetation
including but not limited to weeding of plant beds and
removal of invasive exotic plant materials.
g. Watering and fertilizing all
maintain the plant materials in
growing condition.
plants as needed to
a healthy and vigorous
h. Performing routine and regular inspection of the
irrigation system ( s) to assure that the systems are
fully functional; identifying damage and/or
malfunctions to the system(s); repairing and/or
replacing broken or missing irrigation equipment; and
adjusting spray heads to eliminate overspray of water
onto paved areas.
i. Paying all for water use and all costs associated
therewith.
j. Removing and disposing of litter from roadside and
median strips in accordance with all applicable
government rules, regulations, policies, procedures,
guidelines, and manuals, as amended from time to time.
k. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 2.A through 2.I.
l. Maintaining a
operations that
activity, the
service log of all maintenance
sets forth the date of the maintenance
location that was maintained, and the
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 3 of 11
269
work that was performed.
m. Submitting Lane Closure Requests to the DEPARTMENT
whert maintenance activities will require the closure
of a traffic lane in the DEPARTMENT'S right-of-way.
Lane closure requests shall be submitted through the
District Six Lane Closure Information System, to the
DEPARTMENT's area Permit Manager and in accordance
with the District Six Lane Closure Policy, as may be
amended from time to time.
The DEPARTMENT may, at its sole discretiort, perform
periodic inspection of the landscape and irrigation to
ensure that the CITY is performing its duties pursuant to
thj s AGREEMENT. The DEPARTMENT shall share with the CITY
its l.il::opection findings, and may use those findings as the
basis of its dec is ions regarding maintenance deficiencies,
as set forth in Section 4 of this Agreement. The CITY is
responsible for obtaining copiE";;s of all applicable rules,
regulations, policies, procedures, guidelines, and manuals,
and the Project Specification and Special Provisions, as
may be amended from time to time.
4. MAINTENANCE DEFICIENCIES
If at any time it shall come to the attention of the
DEPARTMENT that the CITY's responsibilities as established
herein are net being properly accomplished pursuant to the
terms of this AGREEMENT, the DEPARTMENT may, at its option,
issue a written notice, in care of the CITY MANAGER, to
notify the CITY of the maintenance deficiencies. F'rom the
date of receipt of the notice, the CITY shall have a period
of thirty ( 3 0) calendar days, within which to correct the
cited deficiency or deficiencies. Receipt is determined in
accordance with Section 5 of this AGREEMENT.
If said
period,
follows:
deficiencies are not
the DEPARTMENT may,
corrected within this time
at its option, proceed as
a. Maintain the landscape and irrigation, or a part
thereof and invoice the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7,
remove any or all landscape and irrigation located
wi trtin the PROJECT LIMITS, and charge the CITY the
'v1aintcnance Memorandum of Agreement between Florida Department of Transpottation and City of Miami Beach
Page 4 of 1 I
270
reasonable cost of such removal.
5. NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or
given hereunder, shall be in VIri ting and shall be sent by
certified U.S. mail, return receipt requested, postage
prepaid, addressed to the party to receive such notices as
follows:
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
To the CITY:
Attn: District t1aintenance Engineer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: CITY Manager
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof
unless proof of prior actual receipt lS provided.
6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE AND
IRRIGATION
a. The PARTIES agree that the landscape and irrigation
addressed by this AGREEMENT may be removed, relocated
or adjusted at any time in the future, at the
DEPARTMENT's sole discretion. In the event that the
DEPARTMENT relocates or adjusts the landscape and
irrigation, the CITY's maintenance responsibilities
will survive the relocation or adjustment, as long as
the materials remain within the PROJECT LIMITS.
7. TERMINATION
This AGREEMENT is subject to termination under any one of
the following conditions:
a. By the DEPARTMENT, if the CITY fails to perform its
duties under Section 3 of this AGREEMENT, following
the thirty ( 30) days written notice, as specified in
Section 4 of this AGREEMENT.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
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271
b. In accordance with Section 287.058(1) (c), Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or all documents,
papers, letters, or other materials made or received
by the CITY pertinent to this AGREEMENT which are
subject to provisions of Chapter 119, of the Florida
Statutes.
c If mutually agreed to by both parties, upon thirty
( 30) days advance notice. An agreement to terminate
shall be valid only if made in writing and executed
with the same formalities as this AGREEMENT.
8. TERMS
a. The effective date of
upon execution by the
continue in perpetuity
forth in Section 7.
this AGREEMENT shall cormnence
PARTIES. This AGREEMENT shall
or until termination as set
b. The CITY:
l. Shall utilize the U.S Department of Homeland
Security's E-Verify system to verify the
employment eligibi 1 i ty of all new employees
hired by the CITY during the term of the
AGREEMENT; and
ii. Shall expressly require subcontractors
performing work or providing services
pursuant to the state contract to likewise
utilize the U.S. Department of Homeland
Security's E-Verify system to verify the
employment of all new employees hired by the
subcontractors during the AGREEMENT term.
c. This writing embodies the entire agreement and
understanding between the parties hereto and there are
no other agreements and understanding, oral or
written, with reference to the subject matter hereof
that are not merged herein and superseded hereby.
d. This AGREEMENT shall not be transferred or assigned,
in whole or in part, without the prior written consent
Maintenance Memorandum of Agreement between Flotida Depattment ofTranspotiation and City of Miami Beach
Page 6 of 11
272
of the DEPARTMENT.
e. This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the
AGREEMENT.
f. Venue for any and all actions arising out of or in
connection to the interpretation, validity,
performance or breach of Utis AGREEMENT shall lie
exclusively in a state court of proper jurisdiction in
Leon County, Florida.
g. A modiiL;at.:iun or waiver
this AGREEMENT shall be
writing and executed with
agreement.
of any of
effective
the same
the provisions of
only if made in
formality as this
i. The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
j . No term or
interpreted
Party or
provision.
provision of this AGREEMENT shall
for or against either Party because
its legal representative drafted
be
the
the
k:. The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 7 68.28, Florida
Statutes, as may be arrlended from time to time. Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT'S sovereign
imrnuni ty protections, or as increasing the limits of
liability as set forth in Section 768.28, Florida
Statutes.
9. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, as may be
amended from time to time, the CITY shall promptly
indemnify, defend, save and hold harmless the DEPARTMENT,
its officers, agents, representatives and employees from
any and all losses, expenses, fines, fees, taxes,
assessments, penalties, costs, damages, :judgments, claims,
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 7 of 11
273
demands, liabilities, attorneys fees, (including regulatory
and appellate fees), and suits of any nature or kind
whatsoever caused by, arising out of, or related to the
CITY's exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission by
the CITY, its officers, agents, employees or
representatives in any way pertaining to this AGREEMENT,
whether direct or indirect, except that neither the CITY
nor any of its officers, agents, employees or
representatives will be liable under this provision for
damages arising out of injury or damages directly caused or
resulting from the sole negligence of the DEPARTMENT.
The CITY's obligation to inaemnify, defend and pay for the
defense of the DEPARTMENT, or at tne DEPARTMENT's option,
to participate and associate with the DEPARTMENT in the
defense and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the
CITY's rece.ipt of the DEPARTMENT's notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT's
failure to notify the CITY of a claim shall not release the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
Tr1e CITY shall pay all costs and fees related to this
obligation and its enforcement by the DEPARTMENT. The
indenmification provisions of this section shall survive
termination or expiration of this AGREEMENT, but only with
respect to those clairn.s that arose from acts or
circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY's evaluation of liability or its inability to
evaluate liability shall not excuse the CITY's duty to
defend and indemnify the DEPARTMENT under the provisions of
this section. Only an adjudication or judgment, after the
highest appeal is exhausted, specifically finding the
DEPARTMENT was solely negligent shall excuse performance of
this provision by the CITY.
Maintenance Memorandum of Agreement between Florida Dcpattmcnt ofTranspmtation and City of Miami Beach
Page 8 of 11
274
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA
BY: --------------------------CITY Mayor
DEPARTMENT OF TRANSPORTATION:
BY: -----------------------------District Director of
Transportation Operations
ATTEST: __________________ (SEAL) ATTEST: ------------------------
BY
CITY Clerk Executive Secretary
LEGAL REVIEW:
BY: ----------------------------District Chief Counsel
Maintenance Memorandum of Agreement between Flolida Department of Transportation and City of Miami Beach
Page 9 of 11
275
EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the landscape and irrigation to be
maintained under this AGREEMENT.
State Road Number: AlA/Indian Creek
Agreement Limits: From 44~ Street (M.P. 0.000) to
41st Street (M.P. 0.198)
County: Miami-Dade
Maintenance Memorandum of Agreement between Florida Depmtment of Transportation and City of Miami Beach
Page 10 ofll
276
EXHIBIT 'B'
CITY RESOLUTION
To be herein incorporated once ratified by the CITY
Comrnissioners.
Maintenance Memorandum of Agreement between Flcnida Depmtmcnt of Tran&pottation and City of Miami Beach
Page 11 of 11
277
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LANDSCAPE AND
IRRIGATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE RELOCATION
OF LANDSCAPE ALONG STATE ROAD A1AIINDIAN CREEK DRIVE FROM
42"d STREET TO 44th STREET, AS PART OF THE STATE ROAD A1AJ
INDIAN CREEK DRIVE PROJECT, FROM 42"d STREET TO 44th STREET
AND STATE ROAD A1A/COLLINS AVENUE/INDIAN CREEK DRIVE
PROJECT ALONG 43rd STREET.
WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct
improvements on State Road (SR) A 1A/Indian Creek Drive from 42 11 d Street to 44th Street and
on SR A 1A!Collins Avenue/Indian Creek Drive along 43rct Street (Project); and
WHEREAS, the purpose of the Project is to improve storm water infrastructure and
traffic safety; and r
WHEREAS, the Project will include modifications to the existing median on Indian Creek
Drive and the construction of storm water drainage improvements along 43rd Street which will
help alleviate flooding and enhance the City's storm water drainage system and the FOOT
storm water drainage system; and
WHEREAS, in order for FOOT to construct the necessary storm water drainage and
safety improvements as part of the Project, the relocation of existing coconut palm trees is
required; and
WHEREAS, FOOT has agreed to relocate the coconut palms to other areas within the
Project; and
WHEREAS, a Landscape and Irrigation Maintenance Memorandum of Agreement is
required in order for FOOT to perform the required tree relocations and stipulate landscape
maintenance responsibilities between the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and City Clerk to execute a Landscape and Irrigation Maintenance
Memorandum of Agreement, with the Florida Department of Transportation, for the relocation of
landscape along State Road A 1A/Indian Creek Drive from 42nd Street to 44th Street, as part of
the State Road A 1AI Indian Creek Drive Project, from 42 11d Street to 44th Street and State Road
A 1A!Collins Avenue/Indian Creek Drive Project along 43rd Street.
278
PASSED AND ADOPTED this 8th day of May, 2013.
ATTEST:
Matti Herrera Bower, Mayor
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279