HomeMy WebLinkAboutR-21-0386City of Miami
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Legislation
Resolution: R-21-0386
File Number: 10582
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/23/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF
UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH TOWN SQUARE NEIGHBORHOOD DEVELOPMENT
CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, IN
CONNECTION WITH THE COLLABORATION AND COORDINATION OF THE
INTERSTATE 395 HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK
PROJECT LOCATED ALONG 1-395/STATE ROAD 836 BETWEEN
NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS
AND MODIFICATIONS TO SAID MOU, AS MAY BE NECESSARY, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF
THE TERMS AND CONDITIONS OF THE MOU.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, the Florida Department of Transportation (TDOT") has jurisdiction over
Interstate 395 (1-395") and is undertaking a project which includes the development of a bridge
over Biscayne Boulevard ("Signature Bridge"), community enhancements located underneath I-
395 ("Underdeck"), and highway capacity improvements that are intended to improve safety and
mobility; and
WHEREAS, the City of Miami ("City") and FDOT entered into a Memorandum of
Understanding dated April 4, 2019 outlining the expectations as to their respective roles and
responsibilities regarding the design, maintenance, and operation of the Underdeck; and
WHEREAS, the City and FDOT subsequently entered into a Second Memorandum of
Understanding dated August 14, 2020 ("MOU 2"); and
WHEREAS, the City and FDOT intend to create an active environment for the
Underdeck, consistent with a consensus plan which would represent the agreed -upon
conceptual plan for the Underdeck as agreed and defined in MOU 2 ("Consensus Plan"); and
WHEREAS, the City has engaged the community and stakeholders to work
cooperatively toward these goals in furtherance of the Underdeck project; and
WHEREAS, one of the groups from which the City received input was the adhoc
Underdeck Advisory Board ("UAB") established by concerned community stakeholders; and
WHEREAS, the UAB sought a participating non-profit organization to house the funding
and incubate the UAB through the planning process; and
WHEREAS, Town Square Neighborhood Development Corporation, a Florida Not for
City of Miami Page 1 of 3 File ID: 10582 (Revision:) Printed On: 101712021
File ID: 10582 Enactment Number: R-21-0386
Profit Corporation ("TSNDC"), was represented on the UAB and was willing to serve as the non-
profit organization furthering the goals of the UAB through the planning process of the
Underdeck; and
WHEREAS, on August 14, 2020, the Board of TSNDC approved the formation of the
Underdeck Subcommittee Advisory Group ("USAG") to promote and engage the community in
support of the Underdeck project; and
WHEREAS, TSNDC has advised that it has secured a two hundred thousand dollar
($200,000.00) match grant from the Knight Foundation known as the Underdeck Planning Grant
to engage community members in the design and planning process for the Underdeck ("Grant")
and matching funds for the Grant are being raised by USAG; and
WHEREAS, TSNDC wishes to work in good faith with the City to develop a framework
for the implementation, operation, maintenance, programming, and management of the
Underdeck under a to -be -formed not -for -profit corporation, all in accordance with the terms of
the a Memorandum of Understanding to be negotiated and executed by the City Manager, in a
form acceptable to the City Attorney ("MOU"); and
WHEREAS, there are various obligations and financial commitments necessary to
operate a world class Underdeck and maintenance funds are far more difficult to secure in light
of the recent global pandemic; and
WHEREAS, the City and TSNDC wish to explore the methods of sharing responsibility to
maintain and operate the Underdeck and to develop a mutually agreeable formal agreement,
subject to approval by the City Commission and further subject to all agreements concerning the
Underdeck, whether existing or as may be entered into, between the City and FDOT and any
other governmental agencies required to effectuate the City's obligations in relation to the
provisions of the MOU;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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 negotiate and execute the MOU, in a form
acceptable to the City Attorney, with TSNDC for the collaboration and coordination of the 1-395
Underdeck enhancements within the Signature Bridge project's limits.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other necessary documents, including amendments and modifications to the MOU, all in forms
acceptable to the City Attorney, in furtherance of the terms and conditions of the MOU.
Section 4. This Resolution shall become effective immediately upon its adoption.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 10582 (Revision:) Printed on: 101712021
File ID: 10582
Enactment Number: R-21-0386
APPROVED AS TO FORM AND CORRECTNESS:
1 "-V4, �� r
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ria i dez,'City Attor iey 9/13/2021
City of Miami Page 3 of 3 File ID: 10582 (Revision:) Printed on: 101712021