HomeMy WebLinkAboutR-16-0553City of Miami
Resolution R-16-0553
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1191 Final Action Date: 11/17/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. 14-0421, ADOPTED OCTOBER 23, 2014,
WHICH AUTHORIZED THE CITY MANAGER TO ACCEPT FUNDS IN AN
AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS
($2,500,000.00) FROM MIAMI BAY TRUST, LLC, AND SUBSTITUTING IN LIEU
THEREOF A NEW RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT PUBLIC BENEFIT IMPROVEMENTS, PURSUANT TO ARTICLE 3,
SECTION 3.14 OF MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TO ALBERT PALLOT PARK ("PALLOT
PARK"), LOCATED AT 3805 NORTHEAST 6 AVENUE, MIAMI, FLORIDA
33137, FOR IMPROVEMENTS THAT SHALL TOTAL A MINIMUM OF TWO
MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FROM
DEVELOPER, THE MILTON FAMILY, BY AND THROUGH THE NILDA MILTON
REVOCABLE TRUST ("NMRT"), FURTHER, BY A FOUR -FIFTHS (4/5TH)
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT
PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85(A) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES FOR THE PROCUREMENT AND
CONSTRUCTION OF A SEAWALL, BAYWALK AND KAYAK LAUNCH AT
PALLOT PARK BY NMRT, AS DEVELOPMENT MANAGER; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH NMRT FOR THE PUBLIC
BENEFIT IMPROVEMENTS TO PALLOT PARK; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE, EXECUTE AND AMEND ALL OTHER
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY FOR
SAID PURPOSES.
WHEREAS, on October 23, 2014, the Miami City Commission ("Commission") adopted
Resolution No. 14-0421, which authorized the City Manager to accept funds in an amount of two
million five hundred thousand dollars ($2,500,000.00) from Miami Bay Trust, LLC, in connection
with a revocable license agreement, pursuant to Resolution No. 14-0423; and
WHEREAS, Resolution No. 14-0421 was subject to the passage of a resolution at a
future date, by a four -fifths (4/5ths) affirmative vote, pursuant to Section 18-92 of the Code of
the City of Miami, Florida, as amended ("Code"), after an advertised public hearing, ratifying,
approving, and confirming the City Manager's finding of a sole source to permit Miami Bay
Trust, LLC to construct a seawall at Albert Pallot Park ("Pallot Park"), located at 3805 Northeast
City of Miami Page 1 of 4 File ID: 1191 (Revision:) Printed On: 3/18/2025
File ID: 1191 Enactment Number: R-16-0553
6th Avenue, Miami, Florda, less any walkway or fill needed for said project, at a cost not to
exceed six hundred thousand dollars ($600,000.00); and
WHEREAS, the Commission wishes to rescind Resolution No. 14-0421 in its entirety;
and
WHEREAS, the Milton Family, by and through the Nilda Milton Revocable Trust
("NMRT"), desires to a make public benefit improvements to Pallot Park, in accordance with the
Public Benefits Program described in Article 3, Section 3.14 of Miami 21 Code, the Zoning
Ordinance of the City of Miami, Florida, as amended, in a minimum amount of two million five
hundred thousand dollars ($2,500,000.00), in exchange for future bonus building height and
floor lot ratio for eligible properties in the T6 Transect Zone of the City; and
WHEREAS, the public benefit improvements to Pallot Park shall be completed as shown
on the attached Exhibit "A", subject to further review and approval by the City Manager or his
designee, and shall include the construction of a seawall, the cost of which shall be applied
towards the public benefit improvements in an amount not to exceed three hundred thousand
dollars ($300,000.00), leaving a balance of two million two hundred thousand dollars
($2,200,000.00) for the remaining improvements to be constructed at Pallot Park; and
WHEREAS, the City has applied and been awarded a grant from the Florida Inland
Navigation District ("FIND") Waterways Assistance Program in the amount of one hundred fifty
thousand dollars ($150,000.00) that requires one hundred fifty thousand dollars ($150,000.00)
in matching funds from the City, which have been previously appropriated from Parks Impact
Fees, for the construction of a seawall, baywalk, and kayak launch at Pallot Park; and
WHEREAS, the Florida Administrative Code governing the FIND Waterways Assistance
Program requires that the grant funds be expended no later than September 30, 2017; and
WHEREAS, the City desires to enter into an Agreement with NMRT, for the procurement
and construction services of the public benefit improvements at Pallot Park, which at a minimum
shall include the seawall, baywalk, and kayak launch, in conjunction with the Office of Capital
Improvements ("OCI") "Pallot Park Seawall" Project No. B-40542 and "Pallot Park Shoreline
Improvements" Project No. B-30802 (collectively, the "Project"); and
WHEREAS, NMRT represents that it possesses the requisite expertise and desire to
enter into the Agreement with the City, to act as the development manager to provide the
services as set forth herein; and
WHEREAS, NMRT has agreed to retain International General Contractors, LLC
("Contractor"), a Florida Limited Liability Company, to perform the work identified on the
attached Exhibit "A"; and
WHEREAS, NMRT selected Contractor, as the licensed contractor for the residential
housing development it is currently undertaking within the proximity of the Project limits, under
the supervision and direction of NMRT, is qualified to assure that the construction of the Project
is timely performed and further provides efficiencies in staffing, consistency of materials,
scheduling, workmanship, and safety standards; and
WHEREAS, communications between trades working on the on -going residential
housing developments and the Project will better coordinate scheduling issues and avoid
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File ID: 1191 Enactment Number: R-16-0553
scheduling conflicts, resulting in greater efficiencies with respect to pricing, mobilization, and
timeliness of completion of the Project; and
WHEREAS, the Contractor, as a result of its current work for NMRT, is familiar with site
conditions, the local labor market, and other factors affecting construction costs, thus increasing
the likelihood that the Project will be performed within budget or at a reduced total Project cost;
and
WHEREAS, the seawall, baywalk, and kayak launch shall be funded using the one
hundred fifty thousand dollars ($150,000.00) awarded from the FIND Waterways Assistance
Program, the one hundred fifty thousand dollars ($150,000.00) in required matching funds from
the City, with all remaining costs borne by NMRT; and
WHEREAS, the costs borne by NMRT in constructing the seawall, baywalk, and kayak
launch shall be deducted from the two million five hundred thousand dollars ($2,500,000.00) in
public benefit improvements to Pallot Park being made by NMRT, however, the cost of the
seawall shall be applied towards the public benefit improvements in an amount not to exceed
three hundred thousand dollars ($300,000); and
WHEREAS, the City Manager has made a finding that pursuant to Section 18-85(a) of
the Code, as amended, competitive negotiation methods and procedures are not practicable or
advantageous to the City for the procurement and construction of the seawall, baywalk and
kayak launch at Pallot Park, and has recommended to the Miami City Commission that the
finding be adopted and that competitive bidding methods and procedures be waived for the
Project; and
WHEREAS, the provisions of Section 255.20, Florida Statutes, do not apply as a portion
of the funding source for the seawall, baywalk, and kayak launch will be lost because the time
required to competitively award the same after the funds became available exceeds the time
within which the funding source must be spent; and
WHEREAS, the City Manager is requesting authority from the City Commission to
negotiate and execute an Agreement with NMRT, in a form acceptable to the City Attorney, and
to negotiate, execute and amend all other documents, including amendments and modifications
to said Agreement, in a form acceptable to the city attorney for said purposes;
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 incorporate as if fully set forth in this Section.
Section 2. The City Manager, in accordance with Article 3, Section 3.14 of Miami 21,
the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby authorized to accept
public benefit improvements to Pallot Park, as shown on the attached Exhibit "A", in a minimum
amount of two million five hundred thousand dollars ($2,500,000.00) from NMRT, in exchange
for future bonus building height and floor lot ratio for eligible properties in the T6 Transect Zone
of the City; and
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 City Code
provisions.
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Section 3. The public benefit improvements to Pallot Park shall meet all City
requirements for design, equipment specifications, construction, warranties, etc., and shall be
subject to review and approval by the City Manager or his designee.
Section 4. The public benefit improvements to Pallot Park shall include the
construction of a seawall, the cost of which shall be applied towards the public benefit
improvements in an amount not to exceed three hundred thousand dollars ($300,000).
Section 5. By a four -fifths (4/5ths) affirmative vote, after an advertised public
hearing, the City Manger's finding that competitive negotiation methods and procedures are not
practicable or advantageous to the City pursuant to Section 18-85(a) of the Code, as amended,
and waiving the requirements for said procedures, is ratified, approved and confirmed.
Section 6. The provisions of Section 255.20, Florida Statutes, do not apply as a
portion of the funding source for the seawall, baywalk, and kayak launch will be lost because the
time required to competitively award the same after the funds became available exceeds the
time within which the funding source must be spent; and
Section 7. The seawall, baywalk, and kayak launch shall be funded using the one
hundred fifty thousand dollars ($150,000.00) awarded from the FIND Waterways Assistance
Program, the one hundred fifty thousand dollars ($150,000.00) in required matching funds from
the City, with all remaining costs borne by NMRT; and
Section 8. The costs borne by NMRT in constructing the seawall, baywalk, and
kayak launch shall be deducted from the two million five hundred thousand dollars
($2,500,000.00) in public benefit improvements to Pallot Park being made by NMRT, however,
the cost of the seawall shall be applied towards the public benefit improvements in an amount
not to exceed three hundred thousand dollars ($300,000); and
Section 9. The City Manager is authorized' to negotiate and execute an Agreement
with NMRT, in a form acceptable to the City Attorney, and to negotiate, execute and amend all
other documents, including amendments and modifications to said Agreement, in a form
acceptable to the city attorney for said purposes.
Section 10. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
endez, City Httor11/772016
_nd ez City Attor
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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
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