HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14646
Date: 09/14/2023
Commission Meeting Date: 09/14/2023
Type: Resolution
Subject: MOU 3 - 1-395 Underdeck
Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of Management and Budget
Office of the City Attorney
Office of the City Clerk
Maricarmen Lopez
Valentin J Alvarez
Marie Gouin
Victoria Mendez
City Clerk's Office
Requesting Department: City Commission
Sponsored By: Christine King
District Impacted:
Reviewed B
Meeting
Legislative Division Review
Budget Review
Approved Form and Correctness
Rendered
Completed 09/14/2023 9:00 AM
Completed 10/16/2023 3:38 PM
Completed 10/16/2023 4:59 PM
Completed 10/18/2023 3:31 PM
Completed 10/18/2023 4:00 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0414
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.
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,
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 authorized1 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 ttor
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
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.