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Home My WebLink AboutM-84-0461AGREEMENT FOR TRANSPORTATION IMPROVEMENTS TO PROVIDE ACCESS TO THE PORT OF MIAMI THIS AGREEMENT FOR TRANSPORTATION IMPROVEMENTS TO PROVIDE ACCESS TO THE PORT OF MIAMI, made and entered into this day of January, 1984, by and between Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" . W I T N E S S E T H 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 transportation projects and utilize its resources to obtain funding for the tunnel and transportation 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 WHEREAS, the CITY is interested in entering into an agreement for a Three -Phase Concept Transportation Improvement Plan; and WHEREAS, the CITY owns 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 certain City -owned land and air -rights for right-of-way, 84--461 NOW, THEREFORE, IN CONSIDERATION OF the mutual premises and covenants hereinafter set forth, it is understood and agreed as follows: 1. The Transportation Improvement Plan shall consist of the following: Phase I EXISTING STREET IMPROVEMENTS (1984-1985) ° Remove parking on sections of 5th and 6th Streets, to provide three lanes in each direction. ° Intersection improvements onto 5th and 6th Streets from N.E. 1st and 2nd Avenues. Phase II BRIDGE AND RAMP • CONSTRUCTION (1984-1986) ° Widen eastbound SR-836 ramp to Louthbound I-95 ramp to accommodate a new access ramp from SR-836 to the southbound 1-95 off -ramp to NW 8th Street. Access to the ramp will be provided by either reversing the exisiting traffic flow on NW loth Street or by making the street two-way from NW 3rd Avenue to the ramp. ° Construct a new five -lane high level (65 feet clearance) bridge connecting the Port to Biscayne Boulevard. Four driving lanes and an additional lane to accommodate the Metro -Mover Guideway. Phase III TUNNEL CONSTRUCTION ° It is the intention of the CITY and the COUNTY that a commitment shall be made to construct the 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 turinel, under and tied into 1-395. 2. In consideration of the commitment for the Phase III four -lane tunnel, the COUNTY will establish the Port of Miami Tunnel Fund to be used for the local match for Federal or State funding of the- tunnel project. Funds contributed annually, by the COUNTY, will accrue, with interest, in the Port of Miami Tunnel Fund. The contribution will be budgeted annually from the Seaport General Fund subject to debt coverage requirements as specified under Dade County Ordinance No. 78-33 as revised or amended. 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 S7 -3- 84orm-461. 600,000 88 700,000 S9 500,000 each year thereafter through 1995 In the event that the tunnel construction does not commence within twelve years of the date of the Agreement, the funds in the Port of Miami Tunnel Fund shall be used for either capital projects or capital equipment included within City of Miami transportation improvement plans in the downtown Miami area to be agreed jointly by the CITY and the COUNTY. 3. The COUNTY shall immediately determine 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, to reek Federal and/or Strt.e fundinE, and the CITY shall cooperate with the COUNTY in obtaining; such funding. Additionally, the Consultant shall attempt .to obtain Interstate or State Road designation to reduce the local share in any final funding package and the CITY shall cooperate in the seeking of such designation. 4. The new sixty-five foot high-level bridge (Phase II) shall be designed to accommodate 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. 5. The point at which the westerly ramp of the Phase it bridge reaches grade will be established by the CITY and the COUNTY fulluwing a joint analysis by the CITY'S Bayside Consultants and the COUNTY'S bridge Consultants of all factors related to improving -4- 8 -461 11 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 both the CITY'S and the COUNTY'S consultants. 6. The COUNTY shall design and construct a Baywalk in accordance with the CITY codes, commencing north of the new bridge running south then east to west parallel to Port Boulevard. 7. The CITY and COUNTY Managers will appoint a joint task force to oversee the design and construction of the Phase lI and Phase III improvements. The Dodge Island 13ridgre shell be rerrloved upon the completion of the new bridt e. The osh force will be charged with the responrsilfilit), of ensuring, an (Aesthetically pleasing design for the bridge structure and its approaches. The task force shall determine the limits of the landscaping and improvements to the 5th and 6th Street corridor, and their relationship to the proposed Bayside Specialty Center. A nationally recognized architectural consultant licensed to do business in the State of Florida will be commissioned by the Consultant to review concepts with the bridge and tunnel engineers and to assist the task force in their , deliberations. B. All programs included in this plan shall satisfy the Development Order and will become part of the County's Transportation Master Plan. 9. The CITY shall support and cooperate with all efforts by the COUNTY to seek permits and/or other necessary documentation needed for the implementation -5- 84 -461 of the program, included within this agreement, from other governmental agencies and third parties, and the CITY will withdraw their objections on the 4[F] Statement now before the Coast Guard. 10. The COUNTY shall obtain from the CITY that portion of City -owned land and air -rights, outside the present easement [Exhibit 1] required for new construction and the COUNTY agrees to compensate the CITY for the additional right-of-way and air -rights at fair market value. Also, the COUNTY will compensate the CITY if any surface parking areas, presently operated by the CITY, are affected. To determine fair market value, both the CITY and the COUNTY shall seek the services of ran individual de i E;nated ar f+7 . A. 1. (American Institute of lier3l E;,,Mite Appraiser:_,) and duly certified to perform such services i►r the ,ante of Florida. in tlae event thrit the rappraisal; obtaained by the CITY and the COUIITY, 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 10% of each other, both the CITY and the COUNTY shall jointly select a third 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 for the acceptance. Upon request, the CITY shrill provide the COUNTY with a temporary construction easement for the Phase II bridge and approaches. -6- 11. The COUNTY recognizes that the construction of a new bridge and/or tunnel, and thnt the Bayside Project construction in Bsyfront P arl, in the event the City and Rouse Company enter into an approved contract, may cause disruption and interfere with the operation and revenue to the City, its Lessees and Contractors at Mismarina of their beneficial property 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 and Rouse Company enter into an approved contract for construction of the Bayside Project, in which event during the construction of both the bridge and/or tunnel and the Bayside Project the COUNTY shall be responsible for Its equal share of the compensation. Should either the COUNTY or the Rouse Company be solely under construction, then that remaining entity will be responsible for the entire compensation during that period under which it is under sole construction. The determination for any compensation will be made by an independent auditor, mutually agreed upon, and his findings shall be binding on all parties. Such compensation shall be made annually at the expiration of the Lessees contract year. ...,........_:i... IN WITNESS WIIEREOF+ the panties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized this - day of January, 1984. (OFFICIAL SEAL) ATTEST: RICHARD P. BRINKER, CLERK By Clerk Deputy DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: M. R. Stierheim County Manager THE CITY OF MIAMI, a municipal corporation of the State of Florida (OFFICIAL SEAL) ATTEST: By Howard Gary City Manager By: City Clerk Authorized by City of Miami Resolution No. Authorized by Dade County Resolution No. Approved by County Attorney as to form and legal sufficiency Approved by City Attorney as to form and legal sufficiency ..$_ 84-461