HomeMy WebLinkAboutR-84-07823-84-710
7/12/84
rr/016/R7
M84-461
(4/20/84)
RESOLUTION NO. 84-782
A RESOLUTION AUTHORt"l_TNG THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREMEENET WITH
METROPOLITAN DADE COUNTY REGARDING
CONSTRUCTION OF A Nf--W PORT OF MIAMI
BRIDGE.
BE IT RESOLVED BY THE COMMISION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached Agreement with Metropolitan Dade County
regarding construction of a new Port of Miami Bridge.
PASSED AND ADOPTED this 30th day of July , 19B4.
Maurice A. Ferre
ATTEST:
PREPARED AND APPROVED BY:
leaz4l -Z� .6
R-013ERT F. CLARK[.
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Ado.—
J7VE
Y ATTORNEY
ply
CITY COM.AZISSIoIi
MEETING OF
JUL 30 t j
RESOLui ij,+
kEMw,E;w.:
TO. Howard `T . Gary DATE: July 6, 1984 nL=:
City MManager
SUBJECT: Port of Miami Access
Agreement
Walter L. Pierce REFERENCES: July 12, 1084 City
Assistant City Mananger (Acting) Commission agenda
ENCLOSURES:
It is requested and recommended that
the attached agreement be submitted to
and approved by the City Commission to
allow the construction by "Metropolitan
Dade County of a new f;_ve-lane, fixed
high level bridge to serve the Port of
Miami.
On April 20, 1984, the City Commission passed Motion No. 84-461
authorizing and instructing the City Manager to enter into the
appropriate agreeme-it regarding construction of a new Port of
Miami bridge. "'he agreement discussed by the Commission on April
20 was prepared by Dade County; it had not been reviewed for form
and sufficiency. .
As now dr al'ted the agreement, with one exception, is substantially
the same as that reviewed by the Commission this past April. The
exception is ;hat in addition to providing for after the fact
payments for loss of business that would be incurred by the
manag?ment of :Miamarina, a zrovision to allow an advance payment
for the disrup.ion.
Accordingly, it is recommended that the agreement be approved in
substantially the form attached.
84-'782
11
AGREEMENT FOR TRANSPORTATION IMPROVEMENTS
TO PROVIDE ACCESS TO THE PORT OF MIAMI
THIS AGREEMENT,
mac h
and entered into this
day of
by
and between Made County,
a political
subdivision of. the
State of
Florida, (hereina£ter referred to as
the "COUNTY"), and the City of Miami,, a municipal corporation of
the State of Florida, (hereinafter referred to as the "CITY-).
WITNESSETH
WHEREAS, the COUNTY has determined that it is of the highest
priority
to resolve transportation
improvements
at
and to
the
Port of
Miami, including the need for
a new
high level
bridge
and
a tunnel; and
WHEREAS, the COUNTY will establish the tunnel project within
its top three (3) transportation projects and utilize its
resources to obtain funding for the tunnel and related transpor-
tation improvements; and
WHEREAS, the COUNTY has by Resolution No. R-1118-83 approved
a Three -Phase Concept Transportation Improvement Plan for Port
Access at the Port of Miami and the surrounding and affected
- areas in the vicinity of the Port, incorporated herein by
reference and attached hereto as Exhibit A; and
f
f
WHEREAS, the CITY is interested in entering into an agree-
ment for a Three -Phase Concept Transportation Improvement Plan;
and
WHEREAS, the CITY owns Bayfront Park, in fee simple
absolute, certain land and air -rights required by the COUNTY for
right-of-way; and
WHEREAS, the COUNTY is desirous of obtaining the right to
use certain City -owned land and air -rights in Bayfront Park for
right-of-way.
NOW, THEREFORE, in consideration of the mutual promises and
covenants hereinafter set forth, it is understood and agreed 4s
follows:
1. The Transportation Improvement Plan shall consist of
the following:
a. Phase I EXT.STING STREET IMPROVEMENTS ( 1984_--1985 )
1) Remove parking on sections of 5th and 6th
Streets, tno provide three ( 3 ) lanes in each
direction for moving vehicular traffic,
2) Intersection improvements onto 5th and 6th
Streets from Northeast 1st and 2.nd Avenue.
b. Phase II BRIDGE AND RAMP CONSTRUCTION (1984--1986)
1) Widen eastbound SR-836 ramp to southbound
I-95 ramp to accommodate a new access ramp
from SR--836 to the southbound I-95 off -ramp
to Northwest-8th Street. Access to the ramp
will be provided by either reversing the
existing traffic flow on Northwest 10th
Street or by making the street two-way from
Northwest 3rd Avenue to the ramp.
2) Construct a new five -lane high level (65 feet
clearance) bridge connecting the Port to
Biscayne Boulevard consisting of four (4)
driving lanes and an additional lane
dedicated to the Metro -Mover Guideway.
C. Phase
III
TUNNEL
CONSTRUCTION
1)
The
COUNTY
herebv commits to construct, if
sufficient funds are available, Phase III
four -lane tunnel from the Port of Miami to
I-395. The agreed alignment extends westerly
under the Intracoastal waterway; north, just
inside the bulkhead line of the former F.E.C.
property and Bicentennial Park; westerly, in
tunnel, under and tied into I-395.
2. In consideration or ti:e CITY's granting an easement
through Bayfront Park for the Phase III Construction,
the COUNTY will establish the Port of Miami Tunnel Fund
-2-
,
84-782
to be used solely for the local match for Federal. or
State funding of the tunnel projact. Funds shall be
contribu t n.? 1 Pinnua1_ly, , by the C+'_.}i.IN Y , �. �<] c 11,11 �. t' tlltita-
late, with 3.11° ^i; ?� _., l.I1 1-11-P t�I"<� of r a,? _ 1'Ljil <']. Fund.
The coat ri'Mition sh,�1. he ind funded -)1nnually
from the Seaport General Fund subject to debt coverage
requirements as specified under Dade County Ordinance
No. 73--33 as revised or amended. Attached as
Exhibit B.
The following amounts
represent the COUNTY's annual
contribution to the Port
of Miami Tunnel Fund:
$500,000
FY 84
200,000
85
300,000
86
500,000
87
600,000
68
700,000
89
500,000
each year
thereafter
through 1995
In the event that the
tunnel construction does not
commence within twelve
( 12 ) years of the date of this
Agreement, all funds in
the Port of Miami Tunnel Fund
shall be used for either
capital projects or capital
equipment within the City
of Miami for transportation
needs in the Downtown
Miami area to be agreed to
jointly by the CITY and
the COUNTY. If no agreement
can be reached by the parties
then such decision shall
be determined by a committee appointed pursuant to
Paragraph 7 below.
3. The COUNTY shall immediately identify potential means
to fund the Phase III Tunnel. It is recognized by both
the CITY and the COUNTY that a Consultant has been
retained by the COUNTY, at the sole cost of the COUNTY,
to seek Federal and/or State funding for construction
-3-
of the
tunnel and the CITY shall
cooperate with
the
COUNTY
in obtaining such funding.
Additionally,
the
Consultant shall attempt to ot,tai.n lnll:ei state or State
Road designation t.o redi,).cc t_„e locnl shame in any final
funding package and the CITY shall cooperate in the
seeking of such de aignati_on.
4. The new sixty --five Loot high-level bridge (Phase II)
shall be designed to accommodate only four lanes of
vehicular traffic and the necessary right-of-way needed
for construction of the guideway element of the
Metro --Mover; the guideway shall be constructed as part
of the bridge at the same time the bridge is con-
structed.
5. The point at which the westerly ramp of the Phase II
bridge reaches
grade will
be
established
by
the
CITY
and the COUNTY
following
a
joint analysis
by
the
CITY
and the COUNTY of all factors related to improving
transportation in the area and providing adequate
access to the proposed Bayside Specialty Center. The
preferred alternative is for the ramp to begin its
ascent east of the intersection of Miamarina Parkway
Drive and Port Boulevard unless otherwise determined by
written agreement of both the CITY and the COUNTY.
6. The COUNTY shall design and construct a Baywalk in
accordance with the CITY design standards. Attached as
Exhibit C.
7. The CITY and COUNTY Managers will appoint a joint task
force to oversee the design and construction of the
Phase II and Phase III imorovements. The task force
shall consist of seven (7) -ersons with three (3) to be
appointed by and representative of the CITY, three (3)
to be appointed by and representative of the COUNTY,
and one (1) to be appointed by and representative of
the Governor of the State of Florida. The existing
-4-
omm
two-lane Dodge Island Bridge shall, be removed upon
completion of the new bridge.
The task foro°Q will be
charged itIn t_hr ,ii,<_ i.rrca an
aesthetically cb7Sj.u'n
'1 017 the hr_ i d(4--- 41-r;ucture
and its approach-- . T:ho to k
>-or:r,7! shall c3Qt e, r;mine the
limits of the landscaping and
imprf�vem-_nes to the 5th
and 6th Street corridor and
their_ relationship to the
proposed Bayside Specialty
Center. A nationally
recognised architectural consultant licensed to do
business in the State of Florida
will be commissioned
by the Task Force to review
concepts with the bridge
and tunnel engineers and to
assist the task force in
its deliberations.
S. All programs included in this
plan shall satisfy and be
in accord with the development order for the Port of
Miami as approved in City of Miami Commission Resolu-
tion Number 79-850, passed and adopted by the City of
Miami Commission on December 15, 1979, Incorporated
herein by reference and attached hereto as Exhibit D.
9. The CITY shall support and cooperate with all efforts
by the COUNTY to seek permits and/or other necessary
documentation needed for implementation of the program,
included within this agreement, from other aovernmental
agencies and third parties, and the CITY will withdraw
its objections on the 4[F) Statement now pending before
the United States Coast Guard.
10. The CITY shall sell the easement to the COUNTY for that
portion of City -owned land and air -rights, outside the
present easement (Exhibit E) required for Phase I and
II construction and the COUN717 aar4es to compensate the
CITY for the easements' additional riuht-of-way and
air -rights at fair market value for t,e highest and
best use of the land. Also, the CCUNTY will compensate
the CITY if any surface parking areas, presently
-5-
84- 782
operated by the CITY, are affected. To determine fair
market value, both the CITY and tlicn, (--nUNT7 shall each
seek the of )n ns 11ceA.I.
(American lnstitio--e of pzp-ell- ind duly
certified to per'Jorril slich services in the StatA of
Florida. Tn the event that the apprai.,-,als obtained by
the CITY and the COUNTY, respectively, are within less
than 10% of each other, then an average of the two
appraisals shall. be accepted as the agreed value. in
the event that the appraisals obtained by the CITY and
the COUNTY, respectively, are greater than 101 of each
other, both the CITY and the COUNTY shall jointly
select a thLrd appraiser, from a mutually agreed upon
list of M.A.I.s, to obtain a third appraisal, whereupon
the high and low appraisals shall be disregarded and
the remaining appraisal shall be accepted as the agreed
value. Payment will be made to the CITY within ninety
(90) days of the date Agreement is reached as to value.
Upon request, the CITY shall provide the COUNTY with a
temporary construction easement for an amount to be
agreed upon for the Phase II bridge and approaches.
11. The COUNTY recognizes that the construction of a new
bridge and/or tunnel, and that the Bayside Project
construction in Bayfront Park may cause disruption and
interfere with the operation and revenue to the CITY,
its Lessees and Contractors at M-Jamarina of their
beneficial rights in said facility.
In consideration of the above, the CITY and the COUNTY
agree that compensation for such disruption shall be
based on the revenues of the last two (2; years and
include a percentage for growth and inflation, based on
the average of the last two (2) years growth. Such
compensation shall be solely paid by the COUNTY, unless
the CITY enters into an approved contract for con-
-6—
... ........................
struction of the Bayside Project;, in which event during
the construction of both thr, tar, i (lge andlor tunnel and
the Baysi.de Project, the tm3 I1tiA37jY shall be
responsible
'Jo :
them- -=g:. a1.
share r
_rl t.-_ oJ. t.11._ C� ni.. sr-nPAaion.
Should
eith-r
the COUNTY
or the nYridc Project be
solely under
const:ucteion,
then the
CLTY
or the
COUNTY
will be responsible
fo-:
the entire
compensation
during
that
period under_
which
it
is tinder solo
construction.
The
determination
for
any
compensation
will be made by
an independent auditor, mutually agreed upon, and his
findings shall be binding on both parties. Such
compensation shall be made annually at the expiration
of the Lessees contract year.
12. The COUNTY shall pay to the CITY for the sole benef it
of Miamarina Management the sum of $300,000.00 as
"advance payment." Said advance payment shall be made
to the City pursuant to Paragraph 10 or by November 15,
1984 whichever event occurs first. Said initial
payment shall be an advance against future damages
under this paragraph. The CITY and COUNTY understand
that if the damages to be paid by the COUNTY exceed
$300,000.00 then in that event said excess amount shall
be paid pursuant to this paragraph; but, in no event
shall the COUNTY be entitled to the return of any
portion of said advance payment if the entire damages
are computed to be less.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials thereunto
duly authorized this the day and year first above written.
(OFFICIAL SEAL)
ATTEST:
RICHARD P. BRINKER, CLERK
By
Deputy Clerk
DADE COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By
M.A. 9TIERHEIM
County Manager
(OFFICIAL SEAL) THE CITY OF MI.AMI, a. municipal
corporation of the State of
ATTEST: Florida
x B
B _ Y
RALPH G. ONGIE HOWARD V. GARY
City Clerk City Manager
Authorized by City of Miami Resolution No.
Authorized by Dade County Resolution No.
APPROVED BY COUNTY ATTORNEY AS
TO FORM AND LEGAL SUFFICIENCY:
County Attorney
APPROVED BY CITY ATTORNEY AS
TO FORM AND CORRECTNESS:
J SE GARCIA-PEDROSA
City Attorney
J
AV/wpc/pb/214
Rev. 7/6/84 9:45
-8- 84--782