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Resolution
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Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00042 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. 04-0788, ADOPTED DECEMBER 9, 2004, IN ITS
ENTIRETY, AND THE INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY
OF MIAMI ("CITY") AND MIDTOWN MIAMI COMMUNITY DEVELOPMENT
DISTRICT ('DISTRICT"), PURSUANT TO SAID RESOLUTION; AUTHORIZING
THE CITY MANAGER TO EXECUTE A REVISED INTER -LOCAL AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE DISTRICT, A LOCAL UNIT
OF SPECIAL PURPOSE GOVERNMENT, FOR THE DISTRICT TO PROVIDE
CONCEPTUAL, FINAL DESIGN AND CONSTRUCTION SERVICES TO
ACCOMMODATE THE PROPOSED MIAMI STREETCAR PROJECT WITHIN THE
MIDTOWN MIAMI PROJECT, IN AN AMOUNT NOT TO EXCEED $1,163,000;
ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 341330,
"B-71215 STREETCAR PROJECT."
WHEREAS, pursuant to Resolution No. 03-135, adopted November 13, 2003, the petition
submitted to the Miami -Dade County ("County") Commission by Biscayne Development Partners, LLC
to create the Midtown Miami Community Development District ("District") was supported; and
WHEREAS, the District was created by the County pursuant to Ordinance No. 03-271, adopted by
the Board of County Commissioners on December 16, 2003 and effective on December 26, 2003, as a
local unit of special purpose government for the purpose of delivering certain community development
services and facilities within and outside the boundaries of the District; and
WHEREAS, it is the purpose and intent of the Inter -Local Agreement ("Agreement") to permit and
authorize the City of Miami ("City") and the District to make the most efficient use of their respective
powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual
advantage and to achieve the results provided for in this Agreement pursuant to Section 163.01,
Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969; and
WHEREAS, the District began to undertake the design, acquisition and construction of certain
roadways (within and outside the boundaries of the District), water and sewer facilities, a stormwater
management system, streetscape and landscape in Midtown Miami in the summer of 2003; and
WHEREAS, while the City Commission has not yet ratified the Miami Streetcar Project from the
current feasibility study stage to subsequent development and implementation phases; and
WHEREAS, the City's Transportation Office has determined that limited additional engineering
services are warranted regarding the Miami Streetcar Project as it impacts the proposed street design
and construction within the Midtown Miami Project; and
WHEREAS, the attached Agreement sets forth the understanding between the City and the District
for costs associated with conceptual and final design, permitting modifications and construction
City of Miami
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File Number. 05-00042
services to accommodate the proposed Miami Streetcar Project through the Midtown Miami Project;
and
WHEREAS, pursuant to Resolution No. 04-0788, adopted December 9, 2004, authorized an
Agreement between the City and the District for the funds for engineering services to include $126,000
for conceptual design, $457,000 for final design, and $30,000 for permitting modifications for a total
amount not to exceed $613,000 as further detailed in the attached Scope of Services, "Exhibit A;" and
WHEREAS, the parties to the Agreement have not executed same, and the Agreement that was
approved on December 9, 2004 shall be discarded, and in lieu thereof, this Agreement, as revised,
shall serve to embody the terms and conditions between the parties; and
WHEREAS, this revision of the Agreement will add certain construction services associated with
the underground utilities construction to accommodate the Miami Streetcar Project within the Midtown
Miami Project, for a total amount not to exceed $550,000; and
WHEREAS, for the purposes of the revised Agreement , the project shall mean said services, as
further detailed in the attached Agreement, Scope of Services, "Exhibit A" and "Exhibit B" for a total
amount not to exceed $1,163,000; and
WHEREAS, the estimated costs associated with at grade and above ground utilities construction of
the Miami Streetcar Project within the Midtown Miami Project will be provided by the District's
contractor upon one -hundred percent (100%) completion of the construction documents and will
require future consideration by the City Commission;
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. Resolution No. 04-0788, adopted December 9, 2004, and the Interlocal Agreement by
and between the City and the District, pursuant to said Resolution are rescinded in its entirety.
Section 3. The City Manager is authorized{1} to execute a revised Agreement, in substantially the
attached form, with the District, a local unit of special purpose government, for the District to provide
conceptual, final design and construction services to accommodate the proposed Miami Streetcar
Project within the Midtown Miami Project, in an amount not to exceed $1,163,000, with funds allocated
from Capital Improvement Project No. 341330, "B-71215 Streetcar Project."
Section 4, This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS.t/
1
/JORGE L. FERNANDEZ
if CITY ATTORNEY
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File Number: 05-00042
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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