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HomeMy WebLinkAboutexhibit AVirginia Key Master Plan Joint Participation Agreement between Miami Dade County and City of Miami THIS AGREEMENT, made and entered into this day of , 2004, by and between Miami -Dade County (hereinafter referred to as the "COUNTY"), located at 111 NW First Street, Miami, Florida, 33128 and the City of Miami (hereinafter referred to as the "CITY"), having offices at 3500 Pan American Drive, Miami, Florida, 33133 WITNESSETH: WHEREAS, the CITY wishes to develop a Master Plan for Virginia Key for its entirety to create public waterfront and open space; to develop policies for the use, development and management of all public and privately owned land and facilities; to ensure protection and enhancement of natural resources while providing for the necessary infrastructure and roadway capacity to serve the future developments and the existing needs of Virginia Key and Key Biscayne; to integrate and recommend improvements to the existing Sewage Treatment Plant; to integrate and preserve the historic Virginia Key Beach Park; and to make recommendations for future island wide improvements and protection of remaining public beaches, parks and conservation areas; and WHEREAS, the COUNTY is a major property owner in the key and operates a Sewer Treatment Plant; and WHEREAS, there are Critical Wildlife and Conservation areas of Countywide significance; and WHEREAS, the COUNTY wishes to participate with the CITY in the preparation of the Master Plan, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: J021.40,49 Page 1 ARTICLE 1.00 Purpose of the Agreement: The purpose of this Agreement is to provide financial assistance from the COUNTY to the CITY for the preparation of the Master Plan substantially as outlined in the Request for Qualification document attached as Exhibit A and incorporated herein by reference. ARTICLE 2.00 General Provision: The CITY shall proceed with the preparation of the Master Plan expeditiously and in a timely manner and shall maintain a process that is inclusive of all the stakeholders affected by the Master Plan. The Master Plan shall be completed within a period of two (2) years from the time the Consultant is issued a "Notice to Proceed" unless an extension is mutually agreed upon by the CITY and the COUNTY. ARTICLE 3.00 County Designee: The COUNTY will designate a representative to review all decisions and to provide comments to the CITY throughout the process of preparation and acceptance of the Master Plan. ARTICLE 4.00 COUNTY Contribution: The COUNTY shall contribute to the CITY one third of the cost of the study, estimated to be at $250,000, up to a maximum of $85,000. ARTICLE 5.00 Payment Provision: The sum of $85,000 will be paid in three installments upon completion of the following events defined in the Request for Qualifications attached as Exhibit A: Twenty-five thousand dollars ($25,000) upon completion of Data Collection Phase, Twenty-five thousand dollars ($25,000) upon completion of Preliminary Recommendations, and Thirty-five thousand dollars ($35,000) upon completion of the study. ARTICLE 6.00 Termination or Suspension of Project: If the CITY fails to commence the study within three (3) months from the date of the execution of this Agreement, abandons or, before completion, discontinues the project for any reason, the COUNTY will, by written notice to the CITY, suspend any and all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the COUNTY may terminate any and all of its obligation under this Agreement. The COUNTY may, for cause, grant the CITY one three (3) month extension to commence the study. Page 2 ARTICLE 7.00 Notices: All notices to the COUNTY shall be addressed to: Mr. George M. Burgess, County Manager Miami -Dade County 111 NW 1st Street, 29th Floor Miami, Florida 33128 With copy to: Ms. Diane O'Quinn Williams, Director Department of Planning and Zoning Miami -Dade County 111 NW 1st Street, 11 th Floor Miami, Florida 33128 All notices to the CITY shall be addressed to: Mr. Joe Arriola, City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 With copy to: Ms. Ana Gelabert-Sanchez, Director Department of Planning and Zoning 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 ARTICLE 8.00 Changes: No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing, signed by both parties. IN WITNESS WHEREOF, the parties have executed this Joint Participation Agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: By: Deputy Clerk George M. Burgess County Manager CITY OF MIAMI, FLORIDA By: By: Priscilla Thompson Joe Arriola City Clerk City Manager ATTEST: APPROVED AS TO LEGAL FORM FOR THE USE AND RELIANCE OF THE CITY OF MIAMI, FLORIDA: By: Jorge L. Fernandez City Attorney Page 4