TITLE
RESOLUTION APPROVING AGREEMENT BETWEEN THE COUNTY, THE VILLAGE OF MIAMI, LTD. AND THE CITY OF MIAMI FOR THE VILLAGE MIAMI, LTD. TO CONSTRUCT ROADWAY IMPROVEMENTS AT THEIR OWN COST IN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF MIAMI TOTALING $50,456.00 ON LAND ABUTTING MIAMI-DADE WATER AND SEWER DEPARTMENT�S PROPERTY ALONG THE NORTH RIGHT-OF-WAY LINE OF N.W. 68 STREET AND IMMEDIATELY ALONG THE NORTHERLY MOST 97 FEET OF THE EAST SIDE THEREOF; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE SAME AND EXERCISE THE PROVISIONS CONTAINED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, The Village Miami, Ltd., a developer, owns the land between N.W. 10 Avenue and N.W. 7 Avenue, from N.W. 69 Street to N.W. 67 Street, with the exception of Folio No. 01-3114-001-0010, which is owned by WASD; and

WHEREAS, WASD owns a 4.59 acre lot bounded to the north by N.W. 68 Street, to the south by N.W. 67 Street, to the west by N.W. 10 Avenue and to the east 283 feet from N.W. 7 Court (�WASD�s Property�), which property bears Folio No. 01-3114-001-0010; and

WHEREAS, WASD�s Property abuts the developer�s property along the north right-of-way line of N.W. 68 Street and immediately along the northerly most 97 feet of the east side thereof; and

WHEREAS, WASD�s Property houses three (3) water storage tanks, and several County-owned water and sewer pipelines are located between N.W. 67 Street and N.W. 69 Street from N.W. 10 Avenue and N.W. 7 Avenue; and

WHEREAS, The Village Miami, Ltd. intends to build an apartment complex on its property but must have the property re-platted in order to proceed; and

WHEREAS, the re-plat, to be known as the Northwestern Tract, will include WASD�s Property; and

WHEREAS, prior to re-platting, pursuant to its Code, the City of Miami requires that various road improvements be made and that an agreement to that effect be executed by all landowners whose lands are to be included in the re-plat, a copy of which is attached hereto and is entitled �Agreement for Construction of Certain Improvements Pursuant to provisions of Chapter 54, Section 54-46, and Chapter 55 of the Code of the City of Miami, Florida� (the �Agreement�); and

WHEREAS, as indicated in the Agreement, The Village Miami, Ltd. will pay for and complete all required roadway improvements, and the County will not be responsible for any of the costs or construction for such required roadway improvements,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby approves the attached Agreement and authorizes the County Mayor or County Mayor�s designee to execute same and exercise the provisions contained therein.

HEADER
Date:



To:
Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners



From:
Carlos A. Gimenez
Mayor


Subject:
Resolution approving an agreement between the County, The Village Miami, Ltd. and the City of Miami for the Village Miami, Ltd. to construct roadway improvements in the public right-of-way within the City of Miami on land abutting Miami-Dade Water and Sewer Department�s property

STAFF RECOMMENDATION
RECOMMENDATION

It is recommended that the Board of County Commissioners (Board) approve the attached agreement between the County, The Village Miami, Ltd. and the City of Miami for the Village Miami, Ltd., the developer, to construct roadway improvements in the public-right-of-way within the City of Miami on land owned by The Village Miami, Ltd. and abutting Miami-Dade Water and Sewer Department�s (WASD) property.

SCOPE OF AGENDA ITEM

The roadway improvements will be constructed in Commission District 3, Audrey M. Edmonson.

FISCAL IMPACT/FUNDING SOURCE

There is no fiscal impact to the County. The Village Miami, Ltd. will construct the roadway improvements at their own expense in the estimated amount of $50,456.00.

TRACK RECORD/MONITOR

WASD�s Assistant Director of Finance, Frances G. Morris, will monitor this agreement.

MANAGER'S BACKGROUND
BACKGROUND

This agreement (as attached) was prepared by the City of Miami for review and execution by the County, The Village Miami, Ltd. and the City of Miami. The agreement authorizes The Village Miami, Ltd. to construct roadway improvements in the public-right-of-way within the City of Miami on land owned by The Village Miami, Ltd. and abutting WASD�s property.

The Village Miami, Ltd. owns the land between N.W. 10 Avenue and N.W. 7 Avenue, from N.W. 69 Street to N.W. 67 Street, with the exception of Folio No. 01-3114-001-0010, which is owned by WASD. WASD�s property abuts the developer�s property along the north right-of-way line of N.W. 68 Street and immediately along the northerlymost 97 feet of the east side thereof. WASD�s lot is approximately 4.59 acres bounded to the north by N.W. 68 Street, to the south by N.W. 67 Street to the west by N.W. 10 Avenue and to the east 283 feet from N.W. 7 Court. WASD�s property houses three (3) water storage tanks. Additionally, several water and sewer pipelines are located between N.W. 67 Street and N.W. 69 Street and between N.W. 10 Avenue and N.W. 7 Avenue. See Exhibit A attached to this memorandum.

After this agreement is fully executed by all parties, The Village Miami, Ltd. may proceed with the re-platting process of the lands owned by itself and WASD in order to close the public right-of-ways along N.W. 68 Street and N.W. 7 Court and construct the roadway improvements. Eventually, The Village Miami, Ltd. will build an apartment complex as depicted in Exhibit B (attached to this memorandum) on their property. This re-plat process is codified in Chapter 54, Section 54-46, and Chapter 55 of the Code of the City of Miami, which Code sections require that any proposed plat submitted to the City of Miami Commission must be accompanied by an agreement, such as the one attached, that has been fully executed by all landowners whose lands are part of the re-plat.

Prior to the County approving and recording the final new plat, a sign-off condition has been imposed at the County level to safeguard WASD�s facilities (see letter dated October 24, 2011, attached hereto as Exhibit C) by making sure the following easements are granted to WASD before the developer�s construction begins: 1) a 12 foot easement for the existing 4-inch water pipeline and a 15 foot easement for the 10-inch gravity sewer line that runs along the existing right-of-ways of N.W. 68 Street and N.W. 7 Court, and 2) an ingress and egress easement along N.W. 68 Street with the appropriate turn-around radius to secure access to the north side of WASD�s lands located within the re-platted lands.



____________________
Alina T. Hudak
Deputy Mayor