HomeMy WebLinkAboutR-03-0853J-03-668
07/23/03
RESOLUTION NO. 03— 853
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S) , BY A FOUR-FIFTHS ( 4 / STHS )
AFFIRMATIVE VOTE, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROJECT COOPERATION
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY") AND NEO I, LLC ("NEO LOFTS"), TO
PROVIDE FOR THE CITY'S PARTICIPATION IN A
COOPERATIVE PROJECT TO CREATE A GREENWAY AND
MAKE ROADWAY IMPROVEMENTS IN THE PUBLIC
RIGHT-OF-WAY ALONG SOUTH RIVER DRIVE FROM
FLAGLER STREET TO SOUTHWEST 1ST STREET,
MIAMI, FLORIDA, WHEREIN NEO LOFTS WILL
CONTRIBUTE $30,000 AND THE CITY WILL
CONTRIBUTE UP TO $250,000; FURTHER RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING COMPETITIVE
BIDDING PROCEDURES TO THE EFFECT THAT IT IS
IN THE PUBLIC'S BEST INTEREST TO SELECT THE
NEO LOFTS CONTRACTOR, CODINA CONSTRUCTION
CORPORATION, FOR THIS PROJECT BY METHOD OTHER
THAN COMPETITIVE PROCUREMENT; ALLOCATING
FUNDS FROM CAPITAL IMPROVEMENTS PROJECT
NO. 341211, ENTITLED "GREENWAYS
IMPROVEMENTS," UNDER THE HOMELAND DEFENSE -
NEIGHBORHOOD IMPROVEMENT BOND PROGRAM.
WHEREAS, under the City of Miami ("City") Charter,
Section 3(mm)(ii), Zoning Ordinance No. 11000, and the City's
Downtown Miami Master Plan, the City Commission has determined
that the waterfront and riverfront within the downtown area
should be accessible to the general public; and
CITY COMMISSION
MEETING OF
Resolution No.
033 853
WHEREAS, Resolution No. 01-440, adopted May 10, 2001, the
City Commission, supports, in concept, the development of a
greenway system along the Miami River within public rights-of-way
or along the riverfront as depicted in the Miami River Greenways
Action Plan ("Plan") prepared on behalf of the Trust for Public
Land with considerable input from community stakeholders,
residents, property owners and businesses; and
WHEREAS, NEO I, LLC ("Neo Lofts") is the fee simple owner of
real property located along South River Drive from Southwest 1St
Street to Flagler Street, Miami, Florida, on which it is
constructing a new mixed-use project containing approximately 199
living units ("Development"), which Development is, among other
things, in furtherance of the City's goal of creating market -rate
housing near Downtown; and
WHEREAS, the City has identified and funded several capital
improvement projects to construct segments of the greenway as
depicted in the Plan, including a segment that will run on South
River Drive just south of the Development, pursuant to the
Capital Improvement Appropriations Ordinance No. 12280, as
amended; and
WHEREAS, the greenway in East Little Havana planned by the
City will consist of improvements to the public right-of-way
including, without limitation, widened sidewalks, curb and
gutter, drainage, paving and striping, roadwork, lighting and
landscaping ("Improvements"); and
Page 2 of 7 03- 853
WHEREAS, Neo Lofts has conditionally proposed to the City
that it will construct the next segment of the greenway,
including the roadwork, in front of its Development within the
City -owned public right-of-way in and along South River Drive
("Greenway Segment"); and
WHEREAS, Neo Lofts has offered to contribute $30,000 toward
the construction of the Greenway Segment, with the City to
contribute design services and funds for the balance of
construction, up to $250,000; and
WHEREAS, the Greenway Segment will serve a public purpose
and is in the best interests of the City insofar as it will
beautify the area, and enhance the environmental, ecological and
horticultural attributes of the area, leaving the area more
pleasant and enhancing the quality of life in the City; and
WHEREAS, the City Commission finds and determines that the
construction of the Improvements will promote the safety and
welfare of the citizens of the City by providing, among other
things, a roadway, walkways, and lighting within the public
right-of-way and thus serves a valid public purpose; and
WHEREAS, the City Commission finds and determines that
construction of the Improvements within the public right-of-way
will primarily benefit the general public; and
WHEREAS, the Project Cooperation Agreement, attached and
incorporated, sets forth the duties and responsibilities of the
City and Neo Lofts; and
Page 3 of 7 03- 853
WHEREAS, funds for this purpose are available from Capital
Improvements Project No. 341211, "Greenway Improvements," under
the Homeland Defense - Neighborhood Improvement Bond Program; and
WHEREAS, the City's Bond Oversight Board, at its meeting of
July 22, 2003, additionally reviewed and approved of the proposed
use of such funds; and
WHEREAS, the City Manager additionally finds and recommends
that it is in the public's best interest to waive competitive
sealed bidding procedures and selects, outside of a City
competitive procurement process, the Neo Lofts' construction
firm, Codina Construction Corporation, an appropriately licensed
contractor that is uniquely qualified to undertake and perform
such work on behalf of the City because: it has an existing
contract with Neo Lofts to perform work on the adjacent property
that is affiliated with the Greenways Segment, it is already
present and mobilized on site, and it is very familiar with the
work, the project, and the physical conditions of the proposed
greenway site and the adjacent property; and
WHEREAS, the engineer of record has provided a written
recommendation that this work be awarded to this private sector
contractor without competitive selection, and the consideration
and justification of this waiver are documented, in writing, and
were presented to the City Commission prior to their passage of
this Resolution; and
Page 4 of 7 61
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WHEREAS, this matter is being considered at an advertised
public hearing and in accordance with Florida Statutes §255.20
and City Code Sections 18-89 (Public Works and Contracts) and
18-90 (Emergency Procurements), which are each deemed as being
incorporated by reference herein as though set forth in full, and
which sets forth criteria for the aforementioned waiver of the
competitive process;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble of this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized'I to execute
the Project Cooperation Agreement, in substantially the attached
form, between the City and Neo Lofts to provide for the City's
participation in a cooperative project to create a greenway and
make roadway improvements in the public right-of-way along South
River Drive from Flagler Street to Southwest lst Street, Miami,
Florida, wherein Neo Lofts will contribute $30,000 and the City
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 5 of 7 03— 853
will contribute a maximum of $250,000, with funds, in an amount
not to exceed $250,000 allocated from Capital Improvement Project
No. 341211, "Greenway Improvements", under the Homeland Defense -
Neighborhood Improvement Bond Program.
Section 3. By a four-fifths (4 /Stns) affirmative vote,
the City Manager's finding of an emergency that it is in the
public's best interest to waive competitive sealed bidding
procedures, selecting Neo Lofts' contractor, Codina Construction
Corporation, an appropriately licensed contractor uniquely
qualified and the only reasonable source of supply given its
contract to perform work on the adjacent property that is
affiliated with the Greenways Segment, to undertake and perform
such work on behalf of the City for this project by method other
than competitive procurement is ratified, approved and confirmed.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 6 of 7 03— 853
PASSED AND ADOPTED this 24th day of Jul
ATTEST:
4RISCILLA-A. HO P ON
CITY CLERK
APPROVED AS
%!'J O VILARELLO
CIT /^TTORNEY
412:tr:AS:BSS
2003.
jovd#aK�9 v K
/6ANUEL A. DIAZ, MAYOR
4C::�r
CORRECTNESS ;`
Page 7 of 7
03- 853
PROJECT COOPERATION AGREEMENT
Between the City of Miami and Neo Lofts
for Construction of a Greenway Segment
THIS AGREEMENT (t t: "Ags cement") is mad, and entered -into as of this day
of , 2003, by and between NEO I, LLC, a Florida limited liability company
(hereinafter referred to as "Neo Lofts") , with its principal office at 3375 SW 3rd Avenue, Miami,
Florida, and the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter
referred to as "City"), with offices at 444 S.W. 2nd Avenue, Miami, Florida 33130-1910.
RECITALS:
A Neo Lofts is the fee simple owner of certain real property located along South
River Drive from SW 1st Street to Flagler Street in Miami -Dade County, Florida, on which it is
constructing a new mixed-use project containing approximately 199 residential units (the
"Development"), which Development is, among other things, in furtherance of the City's goal of
creating market -rate housing near the downtown area.
B. The City, pursuant to Resolution No. 01-440 adopted May 10, 2001, which
Resolution is deemed as being incorporated by reference herein as though set forth in full,
supports the development of a greenway system along the Miami River as depicted in the Miami
River Greenways Action Plan (the "Plan") prepared on behalf of the Trust for Public Land with
considerable input from community stakeholders, residents, property owners and businesses.
Further, the City has identified and funded several capital improvement projects to construct
segments of the greenway as depicted in the Plan, including a segment that will run on South
River Drive just south of the Development.
C. The Plan, and subsequent schematic designs approved by the Administration of
the City attached hereto as Exhibit A, the "Schematic Design Document", provide that the
Greenway, in this area of the City, will consist of improvements to the public right-of-way
including, without limitation, widened sidewalks, curb and gutter, drainage, roadwork, paving
qd striping; lighting and landscaping (the "JmProvements" ). The Greenway serves a p►iblic
purpose and is in the best interests of the City insofar as it will beautify the area, and enhance the
environmental, ecological and horticultural attributes of the area, leaving the area more pleasant
and enhancing the quality of life in the City of Miami. The Greenway Segment as defined
herein is to be located upon the Greenway which is City owned public right-of-way which will
remain open, accessible and available for the recreation , use and enjoyment of the public in
general and will serve the municipal and public purposes. set forth herein.
D. Neo Lofts desires to assist the City by constructing a specific portion of the
greenway in front of its Development (the "Greenway Segment"), that is, within the City -
owned and maintained public right-of-way that lies within and along South River Drive from SW
1St Street to Flagler Street (the "Greenway Area") as depicted on the attached Exhibit B,
provided that the City assist with the design of the Greenway Segment and reimburse Neo Lofts
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for its direct cost of that constructing that public infrastructure improvement, subject to the
terms, conditions and reservations of this Agreement.
E. In consideration of this offer, the City adopted Resolution No. (the
"Enabling Resolution"), a copy of which is attached hereto and made a part hereof as
Exhibit C, authorizing the City Manager to enter into this Agreement to assist with the design
and fund the construction of the impro- c -cents in an amount not to exceed Two Hundred and
Fifty Thousand and No/100 Dollars ($250,000) (the "Funding Amount") pursuant to the terms,
conditions and reservations contained herein.
The funding amount has been allocated from and is derived from the proceeds of the City's
Limited Ad Valorem Tax Bonds, Series 2002, "Homeland Defense / Neighborhood
Improvement Bonds" (the "Bonds") for the construction of the Greenway Segment in the
Greenway Area provided that Neo Lofts agreed to be responsible for: (i) the construction of the
mpfovements, an (ii) any cost over-ru,.s, Ch ilgr „i, ars, expenses and fees beyond the Funding
Amount that occur in the construction and completion of such Improvements, except those
change orders that are specifically requested in writing by the City. The maximum amount of
the City liability to assist in the funding of these Improvements, pursuant to the terms of the
Resolution and this Agreement, shall not exceed the Funding Amount of Two Hundred and Fifty
Thousand ($250,000.00) dollars set forth herein.
G. The City of Miami has determined that the construction of the Improvements will
promote the safety and welfare of the citizens of the City by providing, among other things, a
roadway, walkways, lighting and seating within the Greenway Area, which shall remain
accessible to the general public, and serve a valid public purpose.
H. The City has determi.�led that construction of the Improvements within the
Greenway Area will primarily benefit the general public because such Greenway Area shall
remain City public right-of-way.
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Neo Lofts and the City hereby agree that the foregoing recitals are true and
,.orreci and turther agree as follows -
(1) Incorporation by Reference. The recitals set forth in the preamble to this
Agreement are incorporated by reference as though set forth in full herein and made a part
hereof.
(2) Condition Precedent of Bond Oversight Committee Review. It is a condition
precedent to the City's ability to lawfully enter into this Agreement that the City receive a
favorable recommendation from its Bond Oversight Board stating that the City may apply a
portion of the proceeds of the Bonds to fund the construction of the Improvements pursuant to
the terms, covenants and conditions of this Agreement.
(3) Ownership of Improvements. The parties agree that the City shall become the
owner of the Improvements, after the completion of construction by Neo Lofts and upon
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acceptance of the Improvements by the City, which shall be defined as the receipt and approval
of "as built" drawings and final release of all subcontractor and supplier liens by the Director of
the Capital Improvements Department (the "Director"). The Improvements will be situated
upon a public right-of-way owned by the City. At the conclusion of the construction of the
Improvements, Neo Lofts shall tender a bill of sale absolute conveying title of the Improvements
herein funded to the City, free and clear of liens and encumbrances. Said Improvements shall be
"subsequently maintained by City or any other successor public agency responsible to maintain
the right-of-way.
(4) FundinS. Neo Lofts will contribute an amount not less that (Thirty Thousand
Dollars ($30,000) ("Neo Lofts Contribution") for the construction of the Improvements. The
City shall provide funds in an amount not to exceed Two Hundred and Fifty Thousand Dollars
($250,000) (the "Funding Amount") for the construction of the Improvements, provided the
City shall have no obligation to fund any amounts in excess of the Funding Amount. Fir the
purposes of this Agreement, the "Total Avocation, shall mean the sum total of the Funding
Amount and the Neo Lofts Contribution, or Two Hundred and Eighty Thousand ($280,000)
Dollars.
In return, Neo Lofts hereby agrees that it shall be responsible for all costs of completing
construction of the Impro ements that exceed the Funding Amount. Further, if the cost of
completion of the Improvements is less than the Funding Amount, one hundred percent of the
savings shall accrue; to the City. For purposes of this Agreement, costs relating to 'khe
construction of the Improvements shall be defined to mean and include labor, materials, supplies,
equipment, supervisory personnel, and insurance and bonding required herein for the
construction of the Greenway Segment in the Greenway Area as set forth in this Agreement (the
"Construction Costs"). For purposes of this Agreement, Construction Costs relating to the
Improvements shall not include fees for engineers, architects, landscape architects, surveyors,
mapping, other design professionals, lobbyists, legal or tax, environmental or regulatory counsel,
auditors, accountants, brokers and salespersons, and architectural and/or engineering consultants.
There shall be no mark up by Neo Lofts on Construction Costs or related costs, that is, only the
actual, direct cost incurred by Neo Lofts may be billed to the City pursuant to this Agreement.
Notwithstanding anything to the contrary contained herein, purchase and construction of the
Improvements are undertaken on behalf of the City and the City shall, upon completion and
acceptance, be the owner of the improvements construzted with the Funding Amount.
(5) Construction Plans. Neo Lofts and the City have previously agreed to the
development of the Improvements substantially in accordance with the Schematic Design and
Contemplated Scope of Improvements ("Contemplated Scope") as further described in the
attached Exhibit D, or as may be modified by mutual agreement between the Director and Neo
Lofts. Based on the Schematic Design and Contemplated Scope, the City shall arrange to
provide Construction Plans and documents that additionally comply with applicable City Urban
Design Standards and Guidelines. The City, acting by and through the Director shall review and
approve all subsequent design documents pertaining to the Greenway Segment. Throughout the
design process, City shall use its best effort to ensure that the Improvements can be built within
the Total Allocation, and shall, if approved by the Director at is sole discretion, make periodic
adjustments to the Contemplated Scope as necessary.
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City hereby agrees to provide final detailed construction plans, specifications and related
documents (the "Construction Documents") pertaining to the Greenway Segment in the
Greenway Area in a manner consistent with the Schematic Design and Contemplated Scope.
The Construction Documents shall include all design, engineering and consultants' plans needed
for completion of the Improvements (including, but not limited to, plans for the landscaping,
lighting, sidewalks, curb and gutter, drainage, paving, striping, and road work). Neo Lofts will
be consulted periodicaiiy during the complei:on of Construction Documents, and the City and its
design consultant shall duly consider its input. All decisions with regard to modifications of the
progress Construction Documents shall rest with the Director or his duly authorized designee.
(6) Final Construction Documents Review and Options: The final Construction
Documents shall be forwarded to Neo Lofts for their review and approval as to consistency with
the Schematic Design and Contemplated Scope, and said approval by Neo Lofts shall not be
unreasonably withheld, conditioned or delayed. In the event Neo Lofts fails to comment on
such documents in wri Trig witnin rorty -five (45) days of their transmittal to them, the
Construction Documents will be deemed approved without the necessity of further action.
Neo Lofts shall determine, as evidenced by one or more construction bids from reputable
construction contractors that are acceptable to the Director, whether the Improvements as
depicted in the Const uction Documents can be constructed within the Total Allocation. Such
evidence shall be presented to the Director within the 45 -day Construction Document- review
period. In the event that all of the construction bid(s) exceed the Total Allocation, then Neo
Lofts may: a) seek additional bids from additional contractors that are acceptable to the Director,
b) recommend to the Director, for the Director's consideration and sole approval, changes in the
scope of work and/or Construction Documents that will reduce the Construction Cost to the Total
Allocation, c) increase the Neo Lofts contribution, or d) decline to implement construction of the
Improvements, without penalty to either party, excepting that any City funds received will
promptly refunded to the City.. In the event that option c) hereinabove is considered, there shall
be no modification in scope that, solely in the opinion of the Director, negatively impacts or
reduces the standards of quality or aesthetics incorporated into the original Schematic Plan. In
the event that option d) hereinabove is considered, Neo Lofts shall construct, at its sole cost and
expense, those improvements contemplated within Neo Lofts original permit plans submitted and
approved by the City Building Department.
(7) Construction and Draw Requests. Neo Lofts shall be responsible for the
construction of the Improvements substantially in accordance with the Construction Documents
approved by the Director. Neo Lofts shall substantiate its expenditure of the Neo Lofts
Contribution for the Improvements prior to the City approving any invoices for reimbursement to
Neo Lofts of the Funding Amount.
Neo Lofts shall submit a detailed monthly invoice, which complies with Florida's Prompt
Payment Act, §218.70, Fla. Stat. (7002) to the City for all costs relating to the constructior. cf the
Improvements performed during the preceding month, along with reasonable substantiating
documentation as requested by the City. Provided the work has been performed, the City shall
make payment within thirty (30) days after the date the City receives such detailed invoice.
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(8) Insurance and Bonding; Indemnity and Hold Harmless.
(a) Insurance and Bonding: Prior to commencing the construction of the
Improvements, Neo Lofts shall provide the City's Risk Management Administrator with
evidence, consisting of certificates or policies of insurance and bonds issued by Florida
insurers and/or sureties rated B:V or better per A.M. Best's Key Rating Guide, latest
edition, et: (a) builder's rise insurance for the full replacement cost o: the
Improvements; (b) general liability insurance in such form and amounts as may be
reasonably required by the City's Risk Management Administrator; and (c) a Payment
and Performance Bond from the general contractor in substantially the form prescribed
for a public construction bond by Section 255.05, Fla. Stat. (2002), guaranteeing
performance of this Agreement and payment of all subcontractors, material persons,
suppliers and the like, in the Funding Amount as set forth herein or in an amount
equivalent to the Construction Cost of the Improvements, whichever amount is greater.
ih:, alnouitt of insurance coveiage required will not be less than the awouri6 set forth in
Exhibit E, "Insurance Requirements", attached hereto and made a part hereof. Said
insurance policies shall name the City as an additional insured and said bond shall name
the City as an additional Obligee upon such bond. The foregoing insurance coverage and
bonding shall be maintained in effect by Neo Lofts until final completion and acceptance
of the Improvements by City. Neo Lofts shall furnish to the City's Risk Management
Administrator, certificates of insurance and/or insurance policies for the coverage
required hereunder and the required payment/ performance bond )or City review,
comment and approval at least thirty (30) days prior to commencement of construction of
Improvements funded by the City. The City shall be given at least 30 days prior written
notice of any cancellation, lapse, or material modification of said insurance coverage
and/or bond. As allowed under the provisions of §255.05(7), Florida Statutes (2002) the
City's Risk Management Administrator may accept an alternative form of security
submitted by Neo Lofts in lieu of the Payment and Performance Bond.
(b) Hold Harmless and Indemnity. Neo Lofts, its successors and assigns hereby
covenant not to sue, hold harmless, indemnify, and defend the City, the Downtown
Development Authority, the Community Redevelopment Agency , the Trust for Public
Land, and other City of Miami Boards or Agencies, and their respective officers and
employees in any and all actions, claims, demands, costs, expenses, liabilities or damages
arising or accruing by virtue of acts or omissions of Neo Lofts, its agents, servants,
representatives, successors and assigns. This hold harmless, indemnity and covenant not
to sue includes, without limitation, any and all claims for personal injury, wrongful death,
damage to or loss of property, violation of applicable laws, codes, rules, construction,
architectural, or design decisions, actions or omissions. The duty to defend may be
complied with, at the option of the City Attorney, by either paying reasonable attorney's
fees for the cost incurred by the City in its defense, or by selecting defense counsel, the
cost of which shall be borne by Neo Lofts. The obligations under this section shall
survive the expiration or cancellation of this Agreement and shall be construed to comply
with §725.06, Florida Statutes (2002).
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(9) Compliance With Laws. Neo Lofts and the City shall at all times comply with
all applicable municipal, state and federal laws, ordinances, codes, statutes, rules and regulations,
approved development orders, and City of Miami Guidelines governing the design and
construction of the Improvements and the granting of Funds for use thereof.
(10) Miscellaneous.
(a) Enforcement. The provisions of this Agreement may be enforced by all
appropriate actions in law and in equity by any party to this Agreement, or fee simple
owners of the Property. In order to expedite the conclusion of the actions brought
pursuant to this Agreement, the parties, their successors and assigns will not demand jury
trial nor file permissive counterclaims outside the bounds of this Agreement in such
actions. Each party shall bear their own respective attorney's fees. A court of competent
jurisdiction may award costs to a prevailing party.
(b) Counterparts. This Agreement may be executed in any number of counterparts
and by the separate parties hereto in separate counterparts, each of which when taken
together shall be deemed to be one and the same instrument.
(c) City Officials. The "City" is a municipal corporation, and the City Manager as its
Chief Administrative Officer, is empowered to make all decisions with regard to this
Agreement on behalf of the City, unless otherwise provided by law or by resolution of the
City Commission.
(d) Successors and Assigns. This Agreement may not be assigned, sold, pledged,
hypothecated or encumbered, in whole or in part, or an institutional lender providing
construction funding for development of the Development, without the prior approval of
the Miami City Commission. The City is relying on the commitment, skill and reputation
of Neo Lofts in performing this work and may withhold or cancel funding in the event
there is any assignment, pledge, sale or other disposition by Neo Lofts without having
first secured the approval of the City Manager or his designee, which may be
unreasonably withheld or delayed.
(e) - Construction of'Ageement. The �ction headings contained in this Agreement
are for reference purposes only and shall not affect the meaning or interpretation hereof.
All of the parties to this Agreement have participated fully in the negotiation of this
Agreement, and accordingly, this Agreement shall not be more strictly construed against
any one of the parties hereto. In construing this Agreement, the singular shall be held to
include the plural, the plural shall be held to include the singular, and reference to any
particular gender shall be held to include every other and all genders.
(f) Notices. Any and all notices required or desired to be given hereunder shall be in
writing and snail be deemed to have been duly given when delivered by hand (including
recognized overnight courier services, such as Federal Express) or three (3) business days
after deposit in the United States mail, by registered or certified mail, return receipt
requested, postage prepaid, and addressed to the recipient at the address for such party set
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forth in the introductory paragraph to this Agreement (or to such other address as any
party hereunder shall hereafter specify to the other in writing).
City of Miami:
Jorge Cano, Director
Capital T._-r_p-2•.,ement rrograms
444 S.W. 2nd Avenue, 8th Floor
Miami, FL 33130
Neo Lofts:
Frank Guerra, President
Neo Manager
3375 SW Third Avenue
Miami, FL 33145
With a copy to:
Alejandro Vilarello, City Attorney
444 S.W. 2nd Ave, Suite 94-5
Miami, FL 33130
(g) Severability. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be
given its nearest legal meaning or be construed as deleted as such authority determines,
and the remainder of this Agreement shall be construed in full force and effect.
(h) Exhibits. All of the Exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
(i) Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of the parties hereto. Further, no modification or
amendment, excepting a termination for cause by the City under Section (11) herein,
shall be effective unless in writing and executed by the parties, employing the same
formalities as were used in the execution of this Agreement.
(11) Default.
a) Termination for Cause. In the; every of a default, which is not cured within ninety
(90) days following the date of a written notice mailed as provided in Section (10) herein,
the parties shall have all rights and remedies provided by law or equity. The City
Manager shall grant one extension of not more than ninety (90) additional days in total if
such failure to cure is due to Force Majeure as that term is interpreted under Florida law.
b) This Agreement and/or the City's funding obligations under the Agreement may
be terminated, for cause, at the option of and by the City Manager, if any default is not
cured by Neo Lofts or Neo Lofts does not comply with any material terms, covenants or
condition provided herein within ninety (90) days from the date of a written notice from
the City Manager; or when, in the opinion of the City Commission, termination is
necessary to protect the interests of public health, safety or general welfare. This
subsection shall not apply during any period of Force Majeure extension pursuant to
Section (I I )a).
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c) Termination for cause may include, without limitation, any of the following:
i) Neo Lofts fails to obtain the insurance or bonding herein required.
ii) A mechanics, laborers or similar lien is placed upon the Completed Riverwalk or
other City owned property due to actions of Neo Lofts, and is not contested, bonded,
or discharged by Neo Lofts within [h -J (3v) days of its recordation.
iii) Neo Lofts fails to comply, in a substantial or material sense, with any of its duties
under this Agreement or any Agreement it has with the City arising by virtue of this
Agreement, beyond the specified period allowed to cure such default.
iv) Neo Lofts assigns, sells, or encumbers this Agreement or any interest therein,
without securing the prior approval of the City.
v) Neo Lofts fails to complete the Greenway Segment in a timely manner as required
by this Agreement an in accordance with the Construction Documents.
vi) Neo Lofts shall have no recourse from a termination made by the City in
accordance with this Section except to retain the funds already disbursed in full and
final settlement of any claim, action, demand, cost, charge or entitlement it may have,
or will, have against the City, its officials or employees.
(12) Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supercedes all prior agreements,
understandings and arrangements, both oral and written, between the parties with respect thereto.
(13) Governing Law. This Agreement shall be construed in accordance with, and
governed by, the laws of the State of Florida. Venue for all actions under this Agreement shall
be in Miami -Dade County, Florida.
(14) No Joint Venture Or Third -Party Beneficiaries. Neo Lofts is an independent
contractor and is not an agent, joint venture, partner or affiliate of the City, nor can the City be
bound to honor any obligation or duty of Neo Lofts, except as expressly provided herein.
Neither the City nor Neo Lofts intends to directly or substantially benefit a third -party by
this Agreement. Therefore, the parties agree there are no third party beneficiaries to this
Agreement and that no third -party shall be entitled to assert a claim against either of them based
upon this Agreement.
(15) No Discrimination. Neo Lofts represents and warrants that there shall be no
unlawful discrimination as provided by federal, state or local law, in connection with its
performance under this Agreement.
(16) Authority of Neo Lofts Signatories. The undersigned executing this Agreement
on behalf of Neo Lofts has authority of record pursuant to the attached Corporate Resolution, and
all applicable laws of the State of Florida to act on behalf of and bind Neo Lofts to every
condition, covenant and duty set forth herein.
8-
�
agent neo&city v5.1
7115/03
03- 853
(17) Audit Rights. Pursuant to the applicable provisions of §18-100 to §18-102 of the
Code of the City of Miami, which are deemed as being incorporated by reference herein, the City
may audit Neo- Loft's records relating to this Agreement , during regular business hours, at a
location within the City of Miami during the term of this Agreement and for three (3) years
thereafter.
(18) IN W1TNt;SS ` hEREO ', the parties have executed this Agreement as of the
day and year first above written.
CORPORATE SECRETARY:
Print Name:
WITNESSES
Print Name:
Print Name:
ATTEST:
Priscilla Thompson, City Clerk
Neo I, LLC, a Florida limited liability
company
LI -A
Print Name: Frank Guerra, President
Date:
(Affix Corporate Seal)
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Name: Joe Arriola
Title: City Manager
�1
(K-
agmt neo&city v5.1
7/15/ �r
APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO FORM AND
CORRECTNESS:
Diane Ericson, Risk Management Alejandro Vilarello, City Attorney
Administrator
- 10-
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03- 853
EXHIBIT A
SCHEMATIC DESIGN
- 11-
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03- 853
EXHIBIT B
GREENWAY AREA
- 12 -
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03- 853
EXHIBIT C
Resolution No. 03 -
ENABLING RESOLUTION
- 14—
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03- 853
EXHIBIT D
CONTEMPLATED SCOPE OF WORK
The schedule below provides a listing of elements to be included in the development of
the Grcenway Segment that. is the subject ►f t ?« - greenieia.
1
Roadway
1.1
Clearing and Grubbing
1.2
Remove Existing Pavement concrete
1.3
Remove Existing Pavement (asphalt)
1.4_
1.5
Regular Excavation
Stabilization
1.6
Limerock Base
1.7
Mill Existing Pavement
1.8
Structural Asphalt Pavement 1.5"
1.9
Curb Type D
1.10
Curb and Gutter Type F
1.11
Valley Gutter
1.12
Pavement Markings
2
Drainage
2.1
Modify existinq storm sewer inlet
2.2
Storm sewer curb inlet
2.3
Storm sewer culvert 18" plus connect
2.4
S ecial outfall storm outlet
2.5
Storm sewer well and box
3
Hardsca a back of curb to rt -of -way)
3.1
Colored concrete sidewalk 4" thick
3.2
Colored concrete sidewalk 6" thick
3.3
Concrete/Brick pavers
<
Landscape
4.1
Canopy trees
4.2
Palms
4.3
Shrubs/ roundcover
4.4
Tree pit
4.5
Tree relocation
5
Street Furnishings
5.1
Tree grates
5.2
Bike racks
5.4
5.5
Bench
5.6
Trash receptacles
5.7
5.8
Bollards
5.9
6 Street Signage
6.1 Street End ID/Directional signage
6.2
- 14-
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agmt neolofts v4, 6-17-03
03- 853
EXHIBIT E
INSURANCE REQUIREMENTS
- 14-
(K-0300065)
agnt neoloRs v4, 6-17-03
03- 853
CITY OF MIAMI, FLORIDA 12
INTER -OFFICE MEMORANDUM
TO
Honorable =Yoand Members ofC'Comni
r
FROM:
City
DATE: JUL 17 M FILE:
SUBJECT:
Resolution — Cooperation Agreement
For Greenway near NeoLofts
REFERENCES:
ENCLOSURES: Resolution, Agreement, Written Finding
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached resolution
authorizing the City Manager to execute the attached project cooperation agreement with Neo I,
LLC ("Neo Lofts") to provide funds up to the maximum amount of $250,000 to construct a
greenway and make roadway improvements within the public right-of-way along South River
Drive from Flagler Street to SW First Street. Additionally, we ask that the Commission affirm
and adopt the City Manager's finding of an emergency such that it is in the public's best interest
to waive competitive bids and select the Neo Lofts contractor, Codina Construction Corporation,
for this work. Funds are available for this effort from Capital Improvement Project No. 341211,
"Greenways Improvements" utilizing Homeland Defense Neighborhood Improvement Bonds.
BACKGROUND
Under the City Charter, Section 3(mm)(ii), City Ordinance No. 11000 and the City's Downtown
Miami Master Plan, the City Commission has determined that certain waterfront and riverfront
areas should be accessible to the general public. More recently, the City Commission adopted
Resolution No. 01-440 on May 10, 2001, supporting, in concept, the development of a greenway
system along the Miami River within public rights of way or along the riverfront, as depicted in
the Miami River Greenways Action Plan (the "Plan"). The Plan was prepared on behalf of the
Trust for Public Land ("TPL") with considerable input from community stakeholders, residents,
property owners and businesses. Consistent with the Plan, the City has identified and funded
several capital improvement projects to construct segments of the greenway, including a segment
that will run on South River Drive south from SW 1St Street to Jose Marti Park and beyond,
pursuant to the Capital Improvement Appropriations Ordinance No. 12280, as amended.
Within the last two years, Neo Lofts began a new residential project containing approximately
199 living units (the "Development") along South River Drive north from SW 1st Street to
Flagler Street. The Development is, among other things, in furtherance of the City's goal of
creating market -rate housing near Downtown. The greenway in this area, East Little Havana, as
planned by the City and design consultants in concert with TPL, will consist of improvements to
the public right-of-way including, without limitation, widened sidewalks, curb and gutter,
drainage, paving and striping, roadwork, lighting and landscaping (the "Improvements").
Neo Lofts has conditionally proposed to the City that it will construct the adjacent segment of the
greenway, located in front of its Development within the public right-of-way in and along South
03- 853
River Drive (the "Greenway Segment"). Neo Lofts has offered to contribute $30,000 toward the
construction of the Greenway Segment, with the City to contribute design services, through a
contribution from the TPL, and funds for the balance of construction, up to $250,000. The
objective is to complete the Greenway Segment in a time frame consistent with the issuance of a
CO for the adjacent development.
The Administration recommends approval of this cooperative project since this Greenway
Segment will serve a valid public purpose in promoting the safety and welfare of City residents
by providing, among other things, a roadway, walkways, and lighting within the public right-of-
way. Further, the project is in the best interests of the City, insofar as it will beautify the area,
and enhance the environmental, ecological and horticultural attributes of the area, leaving the
area more pleasant and enhancing the quality of life.
Lastly, to implement the project as provided in the proposed agreement, we recommend that the
City Commission affirm and adopt the attached finding of the City Manager, documented by a
recommendation from the engineer of record, to the effect that it is in the public's best interest to
waive competitive bids and seleet, outside of a City competitive procurement process, the Neo
Lofts' construction firm to perform this work on behalf of the City and Neo Lofts. Said firm, the
Codina Construction Corporation, is found to be an appropriately licensed contractor that is
uniquely qualified and the only reasonable source of supply because: it has an existing contract
with Neo Lofts to perform work on the adjacent property that is affiliated with the Greenways
Segment, it is already present and mobilized on site, and it is very familiar with the work, the
project, and the physical conditions of the proposed greenway site and the adjacent property.
The attached agreement lays forth the duties and responsibilities of the City and Neo Lofts in this
project. Funds in the amount of $250,000 are available for allocation from Capital Improvement
Project No. 341211, Greenway Improvements, under the Homeland Defense — Neighborhood
Improvement Bond Program. The City's Bond Oversight Board additionally reviewed and
approved of the proposed use of such funds at its meeting of July 22, 2003.
FISCAL IMPACT
As a budgeted capital project, this effort will not fiscally impact the City.
J C/D
- 9 -
03- 853
Budgetary Impact Analysis
-/11:111 .II P-
Commission Meeting Date: duly 17.2003
Title and brief description of legislation or attached ordmanoeiresolution: Auomve City's participation in a
cooperative KdecL and City Manager's execution of aproject 000peraton aommenL with Neo L LLC (Neo Lofts)
to construct a segment of the Miami RIver sreMM and make road margyments within the South River Drive
right --way in front of the development
1. Is this item related to revenue? No ® Yes ❑ Revenue Source:
2. Is this item an expenditure? No ❑ Yes ® Amount $250,000
General Fund Account No:
Special Revenue Fund Account No:
CIP Project No: 341211
3. Are there sufficient funds in Line Item? No: ❑ Yes: ❑
SnfliCient fimdc will be transferred from the following line items -
ACTION ACCOUNT NUMBER
TOTAL
From
$
From
$
To
$
To
$
4_ Is this item fimded by Homeland DefeaselNeiehborhood Imnrovemem Bonds? No F1 Yes M
ProjectName
Total Bond
1'` Series
Total Allocations/
Balance
Dollars Spent
Allocation
Appropriation
Encambranoes
to Date
Greenways
$2,000,000
$1,000,000
0
$1000000
0
Improvements
Appaed by:
Date: -7 [ ni 03
7// 03
7 Date
APPROVALS
03- 853
File:\\DATASERVER2_5\BLDIST\FINANCE\SCI\0378128.REQ
PGM ID: FN/SC/PO/RPT10 C I T Y O F M I A M I PAGE 10- 1706
RUN DATE: 06/14/2003 DETAILED REVENUE AND EXPENDITURES BY PROJECT RPT RFC:REPORT 10
08 FISCAL MONTH AS OF 05/31/2003
FUND 341 STREETS & SIDEWALKS
PROJECT 341211 GREENWAYS IMPROVEMENTS FUNDING SOURCE
ENTITLEMENT PERIOD 09/30/02 TO 09/30/03
PORTION EXPIRED 933.3 8
STATUS ACTIVE
INDEX
MIN % OF
REVISED * * * REVENUES / EXPENDITURES * * *
OUTSTANDING REMAINING
CODE
OBJ DESCRIPTION BUDGET
TOTAL BUDGET CURR MONTH CURR Y -T -D TOTAL T -D
ENCUMBRANCE BALANCE
R E
V E N U E S
26132
REV. CAP. PROJ.- FD. 32 - PROJ
187 LTD GOB BONDS SERIES 2002A
1,000,000
1,000,000
INDEX CODE 026132
1,000,000
;1,000,000
TOTAL REVENUES
1,000,000
1,000,000
E X
P E N D I T U R E S
999307
HOMELAND DEFENSE NEIGHBORHOOD
270 PROFESSIONAL SERVICES - OTHER
50,000
50,000
287 ADVERTISING
1,000
1,000
860 CONSTRUCTION IN PROGRESS
949,000
949,000
INDEX CODE 999307
1,000,000
1,000,000
TOTAL EXPENDITURES
1,000,000
1,000,000
RECAP: REVENUES LESS EXPENDITURES
Page: 1
TO
Joe Ariola
City Manager
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
FROM:
Jorge C. Cano, Director
Capital Improvement Department
DATE:
July 15, 2003
FILE:
SUBJECT:
Emergency Finding: Utilization of Neo Loft
Contractor, Codina Construction, for
REFERENCES: Greenway Segment
ENCLOSURES:
BACKGROUND
The Department of Capital Improvements is responsible for the implementation of designated
portions of the Miami River Greenway and has worked for the past several months with the
Mayor's Office in forming a cooperative project with Neo I, LLC ("Neo Lofts"), the developer of
the Neo Lofts mixed-use project located in East Little Havana, along South River Drive between
SW First Street and Flagler Street. This important redevelopment project will bring 199 new
affordable residential units to the City, in furtherance of the City's goal of creating market -rate
housing near Downtown. _L
Under the terms of the building permit issued to Neo Lofts, the developer was to construct
certain improvements (sidewalk, curb and gutter, and roadway) within the public right of way,
from the center line of the existing roadway to the back of the sidewalk. However, the City,
working with consultants Kimley-Horn and the Trust for Public Land, subsequently developed
new schematic designs for the right-of-way in this area that incorporate recommendations of the
Miami River Greenways Action Plan ("Greenway Plan"). The new greenway design standards
include wider sidewalks, drainage improvements, and added landscaping and lighting, as well
as required curb and gutter, paving and striping, and roadwork. In this particular area, the
Greenway Plan calls for the greenway to run along South River Drive from approximately SW
2nd Street to NW a Street and the 5"' Street Bridge. In fact, the City has received funding from
the Florida Department of Transportation and will construct, later this year or early 2004, a
portion of the greenway just south of the Neo Loft development connecting to the Jose Marti
Park river walk.
So that the Neo Loft greenway segment will match the greenway design standards of the new
City -constructed portion, and so that the improvements can be completed in a time frame
coinciding with the completion of the private mixed use development, a cooperative project has
been devised, subject to the City Commission's approval and compliance with all legal
requirements. We propose, and Neo Lofts agrees, that both the City and Neo Loft would
contribute funds for construction of the greenway and all right-of-way improvements for the one
block segment running along S. River Drive between SW first and Flagler Streets, and that the
Neo Loft contractor, given its current work in the area, would immediately construct the
improvements upon receipt of construction documents from the City.
03- 853
Joe Arriola, City Manager
Emergency Finding: Neo Loft Project
Page 2
FINDING
The Department of Capital Improvements finds and determines that it is in the best interest of
the City to waive competitive bids and secure the services of the Neo Lofts contractor, Codina
Construction Corporation, to construct the improvements that comprise the greenway segment
within the right-of-way adjacent to the Neo Loft development The work would involve
improvements to the public right-of-way including, without limitation, widened sidewalks, curb
and gutter, drainage, paving and striping, roadwork, lighting and landscaping (the
"Improvements").
This determination is based on our findings that Codina Construction is an appropriately
licensed contractor that, in this instance, is uniquely qualified to undertake and perform such
work because: a) it has an existing contract, with Neo Lofts, to perform work in the immediate
area that is affiliated with the Improvements, b) it is already present and mobilized on site, and
c) it is familiar with the work, the project, and the physical conditions of the site and the adjacent
property. Further, the engineer of record has provided a written recommendation that this work
be awarded to this private sector contractor without competitive selection, on the basis
enumerated above. As provided in accordance with Florida Statutes §255.20 and Sections
18-89 (Public works and Contracts) and 18-90 (Emergency Procurements) of the Code of the
City of Miami, we recommend tha,#he City Manager affirm and adopt these findings and forward
the matter on the City Commission for its approval.
Your signature below will signifyy concurrence with the above recommendation and your
assimilation of a endings as you justification for the waiver of competitive bids and the
selection of the contractor.
City Manager
03- 85�
oi%17iv3 07:32 FAA 3055732025 KEIA i[1l BEACH 1K a 0002
C..� rimletHorn
and Associates, Inc.
July 17, 20013
Jorge Cano, Director
Department of Capital Improvements
City of Miami.
444 SW 2nd Avenue, 8`b Floor
Miami, FL 33130
RE: Utilization of Neo Loft Contractor for Neo Loft Greenway Segment
Dear Mr. Cano:
■
Suite 363
420 Uc* Road
Vb6 aw i, Podda
33138
We understand that the City of Miami is considering a cooperative project to canstrnct a
segment of the Miami Rivor Greenway adjacent to the Neo Lofts mixed-use development,
along South River Drive from SW 1 st Street to Flagler Street. Our firm is pleased to serve
as the engineer of record for the design off *A.- greenway, from 1-95 to the 50' Street Hridgt
as a similar cooperative vs ire with the Trust for Public land and the City. We bave
agreed in principle, subject to the finalization of terms, to provide the requisite construction
documents to the City for this purpose.
We, also understand that the construction of this segment of the greenway is tin -4 sensitive;
that the parties desire that this work ooincide with the development now under construction
by Neo Lofts. Should the City reach a contractug agreement with Codina Construction
Corpomon, and be confident that Codina can perform this type of construction, it wolzld
appear to be m the best interest of the City to have the developer's contractor, Codina
Construction Corporation, construct this segment. We recommend this option for the
fallowing reasons: 1) the contractor is already mobilized and on-site, thus eliminating this
cost item from the construction of the greonway improvements and 2) the contractor is
already performing affiliated work on the adjacent property owned by Neo Lofts, involving
site work, grading and landscaping that will tie into the greenway. In this situation,
Codina is uniquely qualified to construct this one -block portion of the greenway and
utilization of this entity is the best course tie achieve the timely complexion of the proposed
umprovements.
Should you require additional information regarding ttiis recommendation, please do not
hesitate to contact me,
V Truly Yours,
Aaron , P.E.
kimley Hom & Associates, Inc.
■
306 sn 2025
FAX 305 973 4882
Q- 853
JUL-14-2003 1354 CITY CLERKS OFFICE 305 658 1610 P.01/01
MIAMI DAILY BUSINESS REVIEW
Pueasttaa ow *am Satumy. 4%now aria
I.epal Hoidays
M iNw. idiami-Dads cmmw. Portda
STATE OF FLORIDA
COUNTY OF WAIN—
DARE-
Before the undersigned authorlty personally appearw
O.V FERSEYRE, who on oath says fMet h4 or sic is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review Vida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami m Miami -Dade
County. Florida; that the attached copy of advertisement.
being a Legal Advertisement of Notice in the matter of
NOTICE OF PIMI.IC IIEARM1
IN 1iSQA1�l11ti
F FOR
3pi:E�EWAVS
QI`'tS Y R vxn
SOWNEW
W
The fi8arni CW Catyanieslor i vA hold a Public Hearktp cn July 24.2003
at 9:'00 a.m.. to tforretaer wllstiter Itis M the public's bast irrisnsst ruat tits
City eefect a oolMn rim by ritertod ertartltart conwm va bid tar the tort.
AD NO. 11070 mucftn dasagmentafft killmdRiverGivermayinRwPAMori*"-
NOTICE OF PUSLIC HEARING REGARDING SELECTION OF my dam Souo Rim Drin*wn SW Fast Staatt0 Fleglar 36aet s4o-
olint
CONTRACTOR FOR NEOLOFTS MIAMI RIVER GREENWAYS SEGMENT b lite Ment aR nthoad�a a {'Np GreMlwey SW
in the XXXX Court,
was ouWished in Said newspaper in the issues of
07/102003
Affiant funhar says that the said Miami Daily Business
Review is a newspaper auhllahed at Miami in said Miami -Dads
County, Florida and that the said newspaper has
heretofore been oontlnuously published in said Miami -Dade County.
Florida. each day (except Saturday. Sunday and Legal Holidays)
and has beers entered as second class mall matter at the post
office in Miami In said Miami -Dade County, Florida, for a
period of one yaw next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither pato nor promised any parson, flan or corporation
any discount, rebate, commission or refund for the purpose
of seourin rS t for publication a1 the said
news
to and subscribed before me this
2003
(SEAL)Fq arm MARIA I MESA
O.V. F`ER13EYRE j = TY COMMISSION r CC $85540
MIRES. ?March 4, 2004
StaIE oI &WO 80Wd Tars X0Wy Aihc Ilnrlenur urs
The Cly d KmW praposss fo ettler kW o Project Coopers 1 agres-
Ment vrbl Na (. LLC ("Neo Wan, fits developer oft o a4esio tt mbredn
iris, comma slat and raddettial prttjaur uxardakirtg 189 isebatfisl wills.
Ghtdarthep tiposed aprebmerM, bomfro Clty aril (es0 Lefttvdlfrtanclat-
lyoonMbute fo uta oortetutterort d fha Neo faRR Qrssrtrray Seoffo a,
whfdu aW aansW af. but is trot intrad i0. wWarted sidwieltsNth lr11dj'0'6 11W '. a ft and
trig total u is estaNtaMd of SMAN. TM grsetttsttt i Ndw
prpA** first Nee tali: aha/ usdertaly! and supervise rte corlabudon of
the Nao I.offs citeenway Segrneft Because Neo Uft floe OW vii Rave
anaWopriefalI ficsused osrN�trudlim aaftI,a I. r. Oodintt Oorsollc0ori
CorpOraltOf4 waft tfg an re property m Neo t cRCreetMrsy Self
merit. that =ntiftlormay be consldeted ur*pm* ipMfied and ft only
reasonrbb eointia b perforin rte greensiny wuric, surd may ltterdWa be
ooneidaed foraefeciortatriaide tufo oorapeutibMeprocteenwaproom.
This, K being oorNWs►etl pursuant 10 FbWWe 9t9tuMa2515.7A antl
SectlOn I&* (COragadi for Pohle works end inpaovanianta) and 18.90
(EM=@ Purements) of the Cods of Itis M of Miami. The aritade
to De oonabOrad rocN 0— enewars sa llom In" proposed nesolttl"! and
In these Code seWons. whldt are deuariad th los itaotporafsd by reter-
enoeftenktandanaawlefteepOft ion 6 fromuteMofMlernl
The tibio Heish vA be Inld in ao o d m with fhs tsgutlsrly schsd-
uled 0lyComntiasiort1teetrlp61Juy24.2=at
MIAMCM"ALL
3580 Pse Amrsmiran Drt e
Miami, Florida
AI illtereefed bldNldtM16 era kMAledtO eteetldtMs treating sttd mayeonr
merit on rte proposed isaaa. Tits ntaeltrg wN los accessible t0 rte physi.
cafy impoml
Pdaft A. Tftompaon
C* Clark
0"10M)
7110 OS.473rs78529M
TOTAL P.01
03- 853
101
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday anc
Legal Holidays
Miami, Miami -Dade County: Florida
STATE OF FLORIDA
R NOTICE OF PUBLIC HEARING
I`rr�REGARDING
ELECTION OF CONTRACTOR FOR
THE NEOLOFTS MIAMI RIVER
GREENWAYS SEGMENT
South River Drive from SW First Street to Flagler Street, Miami, Florida
COUNTY OF MIAMI -DADS,
`— pp
Before the undersigned authority personally appeared
W p
s
O.V FFRREYRE. who on ooh says that he or ne is the
SUPERVISOR, Legal Notices of the ivliami Daily Business
O9pfCRF1A�`vY
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County. Florida; that the attached copy of advertisement,
The Miami City Commission will hold a Public Hearing on July 24, 2003
being a Legal Advertisement of Notice in the matter of
at 9:00 a.m., to consider whether it is in the public's best interest that the
City select a contractor by method other than competitive bid for the con -
AD NO. 11070
struction of a segment of the Miami River Greenway in the public right -of-.
NOTICE OF PUBLIC HEARING REGARDING SELECTION OF
way along South River Drive from SW First Street to Flagler Street adja-
cent to the Neo Loft mixed-use development ("Neo Loft Greenway Seg-,
CONTRACTOR FOR NEOLOFTS MIAMI RIVER GREENWAYS SEGMENT
ment").
in the XXXX Court,
was Dublished in said newspaper in the issues of
07/10,12003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida arid that the said newspaper has
heretofore been continuously published ir. said Miami -Dade County
Florida. each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing is ad nt for publication in the said
riewspa
0
p0aNJo and subscribed before me this
, A. 2003
(SEAL) �P. r, MARIA I. MESA
ory MY COMMISSION # CC 885640
O.V. FERBEYRE per aw to FIRES: March 4, 2004
State of Florida Bonded Thru Notary Public Underwriters
The City of Miami proposes to enter into a Project Cooperation agree-
ment with Neo I, LLC ("Neo Lofts"), the developer of the adjacent mixed-
use, commercial and residential project containing 199 residential units.'
Under the proposed agreement, both the City and Neo Lofts will financial-'
ly contribute to the construction of the Neo Loft Greenway Segment,
which shall consist of, but is not limited to, widened sidewalks, curb and
gutter, drainage, paving and striping, roadwork, lighting and landscaping,
the total cost of which is estimated at $280,000. The agreement further
provides that Neo Lofts shall undertake and supervise the construction of
the Neo Lofts Greenway Segment. Because Neo Lofts has and will have;
an appropriately licensed construction contractor, Codina Construction
Corporation, working on its property adjacent to Neo Loft Greenway Seg-
ment, that contractor may be considered uniquely qualified and the only
reasonable source to perform the greenway work, and may therefore be
considered for selection outside of a competitive procurement process.
This action is being considered pursuant to Florida Statutes 255.20 and
Section 18-89 (Contracts for public works and improvements) and 18-90
(Emergency Procurements) of the Code of the City of Miami. The criteria
to be considered in this matter are set forth in the proposed resolution and
in these Code sections, which are deemed to be incorporated by refer-
ence herein and are available as public records from the City of Miami
The Public Hearing will be held in conjunction with the regularly sched-
uled City Commission meeting of July 24, 2003 at:
MIAMI CITY HALL
3500 Pan American Drive
Miami, Florida
All interested individuals are invited to attend this hearing and may com-
ment on the proposed issue. The meeting will be accessible to the physi-
cally impaired.
Priscilla A. Thompson
City Clerk
(#11070)
7/10 03-3-73/378529M
NOTICE' PUBLIC HEARING
regarding
SELECTION OF CONTRACTOR FOR
THE NEOLOFTS MIAMI RIVER GREENWAYS SEGMENT
South River Drive from SW First Street to-Flagler Street,
Miami,. Florida
The Miami City Commission will hold a Public Hearing on July 24, 2003'at 9:00 a.m./consider hether.it
is in the public's best interest that the City select a contractor by method other than competitive bid for the
construction of a segment of the Miami River Greenway in the public right-of-way along South River Drive
from SW First Street to Flagler Street adjacent to the Neo Loft mixed-use development("Neo Loft Greenway
Segment").
The City of Miami proposed to enter into a Project Cooperation agreement with Neo I, LLC ("Neo Lofts"), the
developer of the adjacent mixed-use, commercial and residential project containing 199 residential units.
Under the proposed agreement, both the City and Neo Lofts will financially contribute to the construction of
the Neo Loft Greenway Segment, which shall consist of, but is not limited to, widened sidewalks, curb and
gutter, drainage, paving and striping, roadwork, lighting and landscaping, the total cost of which is estimated
at $280,000. The agreement further provides that Neo Lofts shall undertake and supervise the construction
of the Neo, Lofts Greenway Segment. Because Neo Lofts has and will have an appropriately licensed con-
struction contractor, Codina Construction Corporation, working on its property adjacent to Neo Loft Greenway
Segment, that contractor may be considered uniquely qualified and the only reasonable source to perform
the greenway work, and may therefore be considered for, selection outside of a competitive procurement
process.
This action is being considered pursuant to Florida Statutes 255.20 and Sectionl8-89 (Contracts for public
works and improvements) and 18-90 (Emergency Procurements) of the Code of the City of Miami. The crite-
ria to be considered in this matter are set forth in the proposed resolution and in these Code sections, which
are deemed to be incorporated by reference herein and are available as public records from the City of Miami.
The Public Hearing will be held in conjunction with the regularly scheduled City Commission meeting of July
24, 2003 at:
MIAMI CITY HALL
3500 flan American Drive
Miami, Florida
All interested individuals are invited to attend this hearing and may comment on the proposed issue. The
meeting will be accessible to the physically impaired.
Priscilla A. Thompson
(#11070) City Clerk
Sworn to and subscribed before me on this, the 16th
#NOAfRYPUBLIC STATE OF FLORIDA
AT LARGE, My commission expires:
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I'PREN RFWe wi
i.S' ISS@ON NUMBER
0C922846
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1th, says that he is
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3 newspaper in the
I in Miami, Dade
y published in said
l matter at the U.S.
rear next preceding
� says that she has
)ate, commission or
ewspaper.
day of Jul, A.D. 2003
CIS OF !-ii;'.N 11
2003 J1 32
1 00 NW 541h STREET, MIAMI. FLORIDA 33127
305-757-1147
Published Weekly
Miami Dade, County, Florida
STATE OF FLORIDA
SS PROOF OF PUBLICATION
COUNTY OF DADE
Before the undersigned authority personally appeared Fito Barosy who, on oath, says that he is
the Ad Traffic Clerk of THE MIAMI TIMES weekly newspaper published at Miami, Dade
County, Florida; that the attached copy of advertisement was published in said newspaper in the
issues of:
July 17, 2003
Affiant further state that THE MIAMI TIMES is a newspaper published in Miami, Dade
County, Florida and that the said newspaper has heretofore been continuously published in said
Dade County, Florida, each week and has been entered as second class mail matter at the U.S.
Post Gffice in Miami, Dade County, Florida, for a period of more than one year next preceding
date of publication of the attached copy of advertisement: further affiant says that she has
neither paid nor promised any firm, person or corporation any discount, rebate, commission or
refund for the purpose of securing this advertiser publication in this newspaper.
Ad Traffic Clerk
Sworn to and subscribed before me on this, the 16th day of July A.D. 2003
NO ARY PUBLIC STATE OF FLORIDA
AT LARGE, My commission expires:
p&
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MEN RENWW.F {3
54SS'e3IIN NUS
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acciones contra Machado. Como Secreta- to de la Junta Revolucionaria (Autentico), fue un Presider
rio de la Asociaci6n de Estudiantes de De- el 8 de Febrero de 1934. Ano en que se gra-
recho (1930) y tomo Secretario de la Ju- duo de Abogado.
ventud Universitaria Nacionalista que. Al fracasar la huelga revolucionaria de
.oi AVISO DE DE AUDIENCIA PUBLICA
PROPOSITO f
G1°LORI Yfi•iF°O SELECCION DE CONTRATISTA �p
°!
cr v. 0' PARA EL NEOLOFTS SEGMENTO
.,
GREENWAYS DEL RIO MIAMI
SOUTH RIVER DRIVE DESDE S.W. PRIMERA CALLE HASTA FLAGLER,
MIAMI,- FLORIDA
El dia 24 de Julio a las 9:00 A.M., la Comisi6n de la Ciudad de Miami, iniciari una Audiencia Publica para
considerer si es en el mejor interes del publico que la ciudad seleccione un contratista por otros medius, no por
ofertas competitivas, para la construction del .;egmento Greenway y del Rio Miami, en el derecho de via. a to
largo de South River Drive, desde el S.W. Ira. Calle, adjunto al Neoloft, Uso Mixto Desarrollo ["Neoloft Greenway
Segment"].
La Ciudad de Miami propone ent-ar en un proyccto de acuerdo cooperative con NEO I, LLC f"NEO LOFTS"].
el desarrollo adjunto de use mixto, proyecto comercial y residential, conteniendo 199 unidades residenciales
bajo el acuerdo propuesto, los dos, la ciudad y NEO LOFTS, contribuiran financieramente a la construcci6n del
NEOLOFTS SEGMENTO GREENWAY, que consiste, pero no limitado, a la expansion de aceras, curbas y
drenaje, pavimento, pintura de Ifneas en las calles, lutes y "landscaping".
EI costo estimado es un total de $280,000. EI acuerdo implica que NEOLOFTS contribuiran financieramente a la
construcci6n del NEOLOFTS SEGMENTO GREENWAY, porque NEOLOFTS tiene y tends un contratista de
construcci6n apropiado, Codina Construction Corporation, trabajando su propiedad adjunto a NEWLOFTS SEG -
MENTO GREENWAY Este contratista puede calificar y ser considerado como dnico recurso razonable para
Ilevar a cabo este trabajo de GREENWAY y puede str considerado para selecci6n fuera del proceso de ofertas
competitivas.
Esta action ha sido considerada de acuerdo a los Estatutos de la Florida 255.20 y Seccion 18-89 [Contratos para
Obras Ptiblicas y Mejoramientos] y la 18-90 [Emergency Procurement] del Codigo de la Ciudad de Miami. EI
criterio para ser considerado en este caso, ha sido puerto asf delante en la Resoluci6n Propuesta, la Seccion de
cstos Codigosseran incorporados para referencia y disponibles como record publico de la Ciudad de Miami.
La Audiencia Publica tomara lunar en conjunto con la reunion regular de la Comision de Miami el dia 24 de Julio
2003 en el
Miami City Hall
3500 Pan American Drive, Miami, Florida NOSC
Todos los interesados estdn invitados a participaren estaAudiencia Publica y pueden comentar sabre to prop~
to. En esta reunion tends acceso para personas con impedimentos. CGU
City Seal Priscilla A. Thompson
(Ad. #11070) City Clerk
extraordinarias
nal, el Palacio a
Banco Nacional,
cola e Industria
la CarreraAdmi:
sidades, romper
versidad de La
leyes mas.
FABRICAMOs
TALLER
Manny y Fey
1149 S.W. 27th
Suite 102
Miami, Flori
A 13 OM — 64
1969/661
Pa Junta, en el Ayuntamiento,
an Drive, Miami, Florida, con
resoluci6n:
de Comisionados de la
do al administrador de la
cesi6n de Derecho de
ente en la forma apro-
ty, un derecho de ser -
de veinte (20) pies de
adamente en el 405 de
i, Florida, para la con-
tenimiento de instalacio-
Illado, con derecho a
er tales instalaciones o
el derecho de servidum-
e ser concedido en rela-
relativo a la operaci6n
alcantarillado para DDA
a todas las personas intere-
na persona deseara apelar
Comisionados de la Ciudad
tratado en esta audiencia,
e de que se produzca una
ions, incluyendo todos los
ieran servir de fundamento
Priscilla A. Thompson
Secretaria Municipal
MIAMI, FLORIDA
DIENCIA PUBLICA
Ciudad de Miami, Florida,
el dia 24 de julio del 2003, a
la Junta, en el Ayuntamiento,
n Drive, Miami, Florida, con
resoluci6n:
de Comisionados de la
do al administrador de la
i6n de Derecho de Ser-
le al Abogado de la Ciu-
r and Light Company,
quince (15) pies, en con-
uo, no exclusivo en la
ranja de terreno aproxi-
rthur Causeway, Miami,
6n, operaci6n y mante-
l6ctricas soterradas, con
rar, cambiar el voltaje y
cualesquiera dentro del
derecho habr6 de ser
evado a conversi6n sote-
istribuci6n el6ctrica que
de Aviation and Visitors
s a Codas las personas intere-
na persona deseara apelar
Comisionados de la Ciudad
tratado en esta audiencia,
e de que se produzca una
rions, incluyendo todos los
ieran servir de fundamento
Priscilla A.
Secretaria
\,Techado �` Contratlsta General
AVISO' DE AUDIENCIA PUBLICA
en relacion con la
SELECCION DE CONTRATISTA PARA EL
SEGMENTO DENOMINADO NEOLOFTS
GREENWAYS DEL RIO MIAMI
South River Drive desde SW First
Street a Flagler Street, Miami, Florida.
°phi
O90 f�O..FLO�`O
La Junta omisionados de la Ciudad de Miami celebrar6
una audiencia publica el 24 de julio del 2003, a las 9:00 a.m.,
para, considerar si es de inter6s publico el que la Ciudad selec-
cione un contratista por otro m6todo o sistema que no sea el
de subasta competitiva para la construcci6n de un segmenta
del Greenway del Rio Miami, en el derecho de via publico a to
largo de South River Drive, desde la Primera Calle del SW a
la Calle Flagler, adyacente al desarrollo de use mixto
denominado Neo Loft ("Neo Loft Greenway Segment').
La Ciudad de Miami se propone formar parte de un acuerdo
de Cooperaci6n de Proyecto con Neo I, LLC ("Neo Lofts"), el
urbanizador del proyecto de use mixto, comercial y residencial
que contiene 199 unidades residenciales. Bajo el acuerdo pro-
puesto, tantd la Ciudad tomo Neo Lofts contribuiran a financiar
la construcci6n del Segmento Neo Loft Greenway, que habr6
de consistir en, pero no estar6 limitado, a aceras ensanchadas,
contenes, cunetas, drenajes, pavimentaci6n y senalizaci6n de
limites, trabajos de cominos, iluminaci6n y areas verdes, el
costo total del cual se ha estimado en $280,000. EI acuerdo
tambi6n estipula que Neo Lofts se hard cargo de y supervisar6
la construcci6n del Segmenta Neo Lofts. Debido a que Neo
Lofts tiene y tendra un contratista de construcci6n debida-
mente licenciado, Codina Construction Corporation, traba-
jando en su propiedad adjunta a Neo Loft Greenway Segment,
ese contratista puede ser considerado particularmente califi-
cado y la Unica fuente razonable de realizar el trabajo
denominado "greenway" y, podra ser considerado en con-
secuencia para la selecci6n fuera del proceso regular de com-
petencia.
Esta acci6n se toma de acuerdo con los Estatubs 255.20 de
la Florida y la Secci6n 18-89 (Contratos para obras publicas y
mejoras) y 18-90 (Corttrataciones de Emergencia) del C6digo
de la Ciudad de Miami. EI criterio ha considerar en este asunto
esta consignado en la resoluci6n propuesta, asi como en estas
secciones del C6di9o, que deberAn ser incorporados mediante
referencia en este documento y est6n disponibles como record
publico de la Ciudad de Miami.
La audiencia publica habra de celebrarse conjuntamente con
la reuni6n ordinaria de la Junta de Comisionados de la Ciudad
senalada para el 24 de julio del 2003, en:
MIAMI CITY HALL
3500 Palm American Drive
Miami, Florida.
Se invita a todas las personas interesadas a asistir a esta
audiencia y a ofrecer sus comentarios sobre el asunto
propuesto. La reuni6n ser6 accesible a personas con impedi-
mentos fisicos.
Priscilla A. Thompson
(#11070) Secretaria Muncipal