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HomeMy WebLinkAboutLegislationFile Number: 05-00980 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AMENDED AND RESTATED OPERATING AGREEMENT ("AMENDED AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), DATED AUGUST 8, 2002, AS AMENDED, FOR THE CITY TO PROVIDE ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $50,000, TO DOSP, FOR FUNDING THE DESIGN AND CONSTRUCTION OF THE BAYWALK AT THE BOAT RAMP PARKING LOT TO BE LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, SUBJECT TO: 1) THE DOSP PROVIDING MATCHING FUNDS IN THE AMOUNT OF $50,000; AND 2) THE DOSP'S COMPLIANCE WITH CERTAIN TERMS AND CONDITIONS RELATED TO THE USE OF FUNDS, AS MORE PARTICULARLY SET FORTH IN THE AMENDED AGREEMENT; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 333126, B #75000. WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements located at Watson Island, Miami, Florida and the Department of Off -Street Parking ("DOSP"); and WHEREAS, on August 8, 2002, the City and the DOSP executed an Agreement for the DOSP to design, construct, finance, operate, maintain and manage two (2) parking facilities on Watson Island ("Project"); and WHEREAS, on September 9, 2003, the City and the DOSP executed an Amendment to the Agreement ("Amended Agreement"); and WHEREAS, on May 26, 2003, the City and the DOSP executed the Second Amendment and subsequently, the Third Amendment was executed on June 1, 2004; and WHEREAS, in accordance with the Amended Agreement, the City shall make available to the DOSP the amount of $150,000 of Florida Inland Navigation District grant funds, $200,000 of Florida Department of Environmental Protection ("DEP") grant funds and $95,000 from the City's Capital Improvement Project ("CIP") funds, Project No. 311047, only for the purposes of funding the construction of the Parking Facilities; and WHEREAS, the City has received additional grant funds from the DEP, in the amount of $50,000 for the Project; and WHEREAS, the parties wish to amend the Amended Agreement, to provide the DEP grant funds to the DOSP for its use in the construction of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of M101111 Page 1 of 2 Printed Ow 9/9/2005 City of Miami City Hail 3500 Pan American ' „a «h Drive - r " Legislation Miami, FL 33133 1,/ Jr ,��� www.b.miami.fl.us Resolution File Number: 05-00980 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AMENDED AND RESTATED OPERATING AGREEMENT ("AMENDED AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), DATED AUGUST 8, 2002, AS AMENDED, FOR THE CITY TO PROVIDE ADDITIONAL GRANT FUNDS IN THE AMOUNT OF $50,000, TO DOSP, FOR FUNDING THE DESIGN AND CONSTRUCTION OF THE BAYWALK AT THE BOAT RAMP PARKING LOT TO BE LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, SUBJECT TO: 1) THE DOSP PROVIDING MATCHING FUNDS IN THE AMOUNT OF $50,000; AND 2) THE DOSP'S COMPLIANCE WITH CERTAIN TERMS AND CONDITIONS RELATED TO THE USE OF FUNDS, AS MORE PARTICULARLY SET FORTH IN THE AMENDED AGREEMENT; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 333126, B #75000. WHEREAS, the City of Miami ("City") is the owner of certain real property and improvements located at Watson Island, Miami, Florida and the Department of Off -Street Parking ("DOSP"); and WHEREAS, on August 8, 2002, the City and the DOSP executed an Agreement for the DOSP to design, construct, finance, operate, maintain and manage two (2) parking facilities on Watson Island ("Project"); and WHEREAS, on September 9, 2003, the City and the DOSP executed an Amendment to the Agreement ("Amended Agreement"); and WHEREAS, on May 26, 2003, the City and the DOSP executed the Second Amendment and subsequently, the Third Amendment was executed on June 1, 2004; and WHEREAS, in accordance with the Amended Agreement, the City shall make available to the DOSP the amount of $150,000 of Florida Inland Navigation District grant funds, $200,000 of Florida Department of Environmental Protection ("DEP") grant funds and $95,000 from the City's Capital Improvement Project ("CIP") funds, Project No. 311047, only for the purposes of funding the construction of the Parking Facilities; and WHEREAS, the City has received additional grant funds from the DEP, in the amount of $50,000 for the Project; and WHEREAS, the parties wish to amend the Amended Agreement, to provide the DEP grant funds to the DOSP for its use in the construction of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of M101111 Page 1 of 2 Printed Ow 9/9/2005 File Number.' 05-00980 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fuliy set forth in this Section. Section 2. The City Manager is authorized{1} to execute the Fourth Amendment, in substantially the attached form, to the Amended Agreement, between the City and the DOSP, dated August 8, 2002, as amended, for the City to provide additional grant funds in the amount of $50,000, to the DOSP, for funding the design and construction of the baywalk at the boat ramp parking lot to be located on Watson Island, Miami, Florida, subject to: 1) the DOSP providing matching funds in the amount of $50,000; and 2) the DOSP's compliance with certain terms and conditions related to the use of funds, as more particularly set forth in the Amended Agreement, with funds allocated from allocating funds from CIP No. 333126, B #75000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2) APPROVED AS TO FORM AND CORRECTNESS: "4.. PAI 0*GFEJRN NDE CIEY 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 Ott: 9/9/2005