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Flie Number: 05-0020ff
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A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO
THE OPERATING AGREEMENT ("AMENDED AGREEMENT"), 1N
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY
") AND THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), DATED
AUGUST 8, 2002, TO PROVIDE AN INCREASE, IN AN AMOUNT NOT TO
EXCEED $45,000, FROM $50,000 TO $95,000, IN THE CITY'S FUNDING TO
DOSP FOR THE DESIGN AND CONSTRUCTION OF RESTROOM FACILITIES AT
THE BOAT RAMP PARKING LOTTO BE LOCATED ON WATSON ISLAND, MIAMI,
FLORIDA, SUBJECT TO DOSP'S COMPLIANCE WITH CERTAIN TERMS AND
CONDITIONS RELATED TO THE USE OF SAID FUNDS AS MORE
PARTICULARLY SET FORTH IN SAID AMENDED AGREEMENT; ALLOCATING
FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO.
311047, B-75000.
WHEREAS, the City of Miami is the owner of certain real property and improvements tooted at
Watson Island, Miami, Florida; and
WHEREAS, pursuant to Resolution No. 02-828, adopted July 9, 2002, the City and the Departmiinll
of Off: Street Parking ("DOSP") executed an operating agreement for DOSP to design, construct,
finance, operate, maintain and manage two (2) parking facilities on Watson Island, Miami, Florida
("Parking Facilities"); and
WHEREAS, pursuant to Resolution No. 03-863, adopted July 24, 2003, the City and DOSP entered
into an Amended and Restated Operating Agreement ("Agreement"), where the City provided DOSP
with $150,000 from funding it received from a Florida Inland Navigation District grant received by the
City for design and construction of the Parking Facilities; and
WHEREAS, pursuant to Resolution No. 04-0136, adopted March 11, 2004, the City and DOSP
entered into a second amendment to the Agreement to modify the terms and conditions of the
Agreement, to provide for an additional funding of $200,000 from funds it received from the Florida
Department of Environmental Protection and to provide funding from Capital Improvement Project
("CIP") No. 311047 in the amount of $50,000 towards construction of the Parking Facilities; and
WHEREAS, due to Florida Emergency Management Agency requirements, the design of the
restroom facilities in the boat ramp parking facility have to be modified and has resulted in an increase
in construction costs of approximately $45,000; and
WHEREAS, the City and DOSP desire to amend the Agreement, in substantially the attached f )rnn,
so that the City may provide additional funding for the increased construction costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Ciry of Miami Page l of 2
Printed On: 3/JS/2005
File Number: 05-00208
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as it fully set forth in this Section.
Section 2. The City Manager is authorized{1) to execute the Third Amendment to the Agreement,
in substantially the attached form,, to provide an increase, in an amount not to exceed $45,000, from
$50,000 to $95,000, to provide DOSP with funding for the design and constriction of restroom facilities
at the boat ramp parking lot to be located on Watson Island, Miami, Florida, subject to DOSP's
compliance with certain terms and conditions related to the use of said funds as more particularly set
forth in said amended agreement, with funds allocated for said Increase from CIP No. 311047, B No.
75000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.(2)
APPROVED AS TO FORM AND CORRECTNESS
JORGE L. FERNANDEZ
CITY ATTORNEY idv
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.
City of Miami Page 2 of 2 Printed On: 3/13/2005