HomeMy WebLinkAboutR-23-0414City of Miami
Resolution R-23-0414
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14646 Final Action Date: 9/14/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A THIRD MEMORANDUM OF
UNDERSTANDING ("MOU 3"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT") FOR THE CITY OF MIAMI ("CITY") TO COLLABORATE IN THE
DEVELOPMENT AND COORDINATION OF THE 1-395 HERITAGE
TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT, LOCATED ALONG 1-
395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND
BISCAYNE BAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE SUCH OTHER DOCUMENTS AS
MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
IN FURTHERANCE OF THE TERMS AND CONDITIONS OF MOU 3.
SPONSOR(S): Commissioner Christine King
WHEREAS, the Florida Department of Transportation ("FDOT") has jurisdictional
ownership of Interstate 395/State Road 836 ("1-395") located between Northwest 3rd Avenue
and Biscayne Bay, Miami, Florida ("Limits"); and
WHEREAS, FDOT will plan, design, and construct the proposed 1-395 Signature Bridge,
the community enhancements below 1-395 ("Underdeck Enhancements" or "Underdeck"), and
highway capacity improvements which are intended to improve mobility and safety in the
surrounding area ("Signature Bridge Project"); and
WHEREAS, the City of Miami ("City") and FDOT entered into that certain Memorandum
of Understanding dated April 4, 2019 ("MOU 1") and a second Memorandum of Understanding
dated August 14, 2020, (" MOU 2") to specifically outline their expectations as to their respective
roles and responsibilities regarding the design, maintenance and operation of the Underdeck;
and
WHEREAS, on February 28, 2022, the City submitted to FDOT a reached an agreement
for a plan for the Underdeck ("Consensus Plan"); and
WHEREAS, FDOT and the City anticipate entering into subsequent agreements, which
will govern the parties' respective roles and obligations concerning the Underdeck, including,
but not limited to, the design, maintenance, and operation of the Underdeck; and
WHEREAS, the City and FDOT will continue negotiating the terms thereof, outlining the
City's obligation to lease, maintain and operate the Underdeck by way of a Binding Letter of
Intent to Lease and subsequently a Use and Occupancy Agreement ("Master Lease"); and,
City of Miami Page 1 of 2 File ID: 14646 (Revision:) Printed On: 10/19/2023
File ID: 14646 Enactment Number: R-23-0414
WHEREAS, the Master Lease shall also include maintenance and operations
commitments, and permissible land uses which shall be subject to approval from the City as the
local authority having zoning jurisdiction; and
WHEREAS, FDOT and the City further agree that the City may engage a third -party or
multiple third -parties, whether private or public, to sublease, maintain, and enhance the
Underdeck, or portions thereof; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended ("City Code"), the City Commission, by a majority vote, hereby deems this
Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute MOU 3, in a form
acceptable to the City Attorney, with FDOT for the collaboration in the development and
coordination of the 1-395 Underdeck Enhancements within the Signature Bridge Project Limits.
Section 3. The City Manager is further authorized' to negotiate and execute all
necessary documents, in a form acceptable to the City Attorney, in furtherance of the terms and
conditions of MOU 3.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Kttor
ey 10/18/2023
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 14646 (Revision:) Printed on: 10/19/2023