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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7641 Date: 07/09/2020 Commission Meeting Date: 07/23/2020 Type: Resolution Subject: Execute MOU 2 - 395 Underdeck Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to negotiate and execute a second memorandum of understanding ("MOU 2"), in a form acceptable to the City Attorney, with the Florida Department of Transportation ("FDOT") for the City of Miami ("City") to collaborate in the development and coordination of the 1-395 Heritage Trail/Signature Bridge Underdeck project, located along I-395/State Road 836 between Northwest 3rd Avenue and Biscayne Bay, Miami, Florida; further authorizing the City Manager to negotiate and execute such other documents as may be necessary, in a form acceptable to the City Attorney, in furtherance of the terms and conditions of MOU 2. Background of Item: The Florida Department of Transportation ("FDOT") has jurisdictional ownership of Interstate 395/State Road 836 ("1-395") located between Northwest 3rd Avenue and Biscayne Bay, Miami, Florida ("Limits"). FDOT will plan, design, and construct the proposed 1-395 Signature Bridge, the community enhancements below 1-395 ("Underdeck Enhancements" or "Underdeck"), and highway capacity improvements which are intended to improve mobility and safety in the surrounding area ("Signature Bridge Project"). The City of Miami ("City") and FDOT entered into that certain Memorandum of Understanding dated April 4, 2019 ("MOU 1") to specifically outline their expectations as to their respective roles and responsibilities regarding the design, maintenance and operation of the Underdeck. On September 30, 2019, the City submitted to FDOT a preliminary concept plan for the Underdeck. On October 31, 2019, FDOT provided the City with comments on the City's preliminary concept plan, including comments on the various aspects of the future design, maintenance and operation of the Underdeck. On April 3, 2020, the City provided FDOT with a concept plan for the Underdeck, dated March 31, 2020, which represented the City's proposed basis of design for the Underdeck ("Underdeck Concept Plan"). On May 14, 2020, the City adopted Resolution No. R-20-0146 recommending the vacation of two roadway segments, and Resolution No. R-20-0147 authorizing the City Manager to negotiate and execute a Roadway Transfer Agreement with FDOT and approving the Underdeck Concept Plan. FDOT and the City anticipate entering into subsequent agreements, which will govern the parties' respective roles and obligations concerning the Underdeck, including, but not limited to, the design, maintenance, and operation of the Underdeck. FDOT and the City mutually agree that the Underdeck may be planned, designed, constructed, and operated in a manner that allows for revenue -generating opportunities in order to fund operations and maintenance of the Underdeck. The City may issue a Request for Information ("RFI") to gauge interest from the private market and to request input concerning the City's potential sublease of all, or portions of, the Underdeck. Utilizing the information obtained through the RFI, and subject to the review and input from FDOT, the City may issue a Request for Proposals ("RFP") to select and award a potential sublease to one or more successful proposers ("Proposer"). The City's goal is that the Proposer will operate revenue -producing improvements which will offset all, or a significant portion, of the Underdeck operations and maintenance expense. Upon the completion of the City's RFP or by July 1st, 2021, whichever occurs first, the City and FDOT shall execute, subject to City Commission approval, a Memorandum of Lease Agreement, which the City and FDOT will continue negotiating the terms thereof, outlining the City's obligation to lease, maintain and operate the Underdeck by way of a Use and Occupancy Agreement ("Master Lease"). The Master Lease shall also include maintenance and operations commitments, and permissible land uses which shall be subject to approval from the City as the local authority having zoning jurisdiction. FDOT and the City further agree that the City may engage a third - party or multiple third -parties, whether private or public, to sublease, maintain, and enhance the Underdeck, or portions thereof. The City and FDOT intend to work in good faith to develop a Consensus Plan, and a framework for the design, maintenance and operation of the Underdeck, in accordance with the terms of MOU 2. In furtherance of these goals, the City and FDOT wish to enter into this MOU 2, the primary purpose of which is to address the manner in which the parties intend to proceed concerning the design, maintenance and operation of the Underdeck. The City will continue to work cooperatively towards these goals with the stakeholders ("Underdeck Advisory Group") in furtherance of the Underdeck project. The City acknowledges that no properties affected by this MOU 2 nor the Underdeck Enhancements will be utilized to offset any loss of park land within the City's municipal boundaries. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Rene Lazaro Hernandez Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Department of Fire -Rescue Daniel Diaz Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Legislative Division Valentin J Alvarez Department of Fire -Rescue Daniel Diaz Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Legislative Division Review ACA Review Deputy Attorney Review Approved Form and Correctness Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 07/10/2020 9:59 AM 07/13/2020 1:33 AM 07/14/2020 3:46 PM 07/14/2020 3:59 PM 07/14/2020 4:01 PM 07/14/2020 4:15 PM 07/14/2020 8:53 PM 07/14/2020 9:04 PM 07/14/2020 9:42 PM 07/23/2020 9:00 AM 07/24/2020 4:35 PM 07/28/2020 10:48 AM 07/28/2020 12:14 PM 07/29/2020 12:24 PM Office of the City Clerk City Clerk's Office Rendered Completed 07/29/2020 5:40 PM City of Miami Legislation Resolution Enactment Number: R-20-0224 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7641 Final Action Date:7/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SECOND MEMORANDUM OF UNDERSTANDING ("SECOND MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF MIAMI TO COLLABORATE IN THE DEVELOPMENT AND COORDINATION OF THE 1-395 HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT LOCATED ALONG 1- 395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE TERMS AND CONDITIONS OF THE SECOND MOU. WHEREAS, the Florida Department of Transportation ("FDOT") has jurisdictional ownership of Interstate 395/State Road 836 ("1-395") located between Northwest 3rd Avenue and Biscayne Bay, Miami, Florida; and WHEREAS, FDOT will plan, design, and construct the proposed 1-395 Signature Bridge, the community enhancements below 1-395 ("Underdeck"), and highway capacity improvements which are intended to improve mobility and safety in the surrounding area ("Signature Bridge Project"); and WHEREAS, the City of Miami ("City") and FDOT entered into that certain Memorandum of Understanding dated April 4, 2019 ("MOU") specifically outlining the expectations surrounding their respective roles and responsibilities regarding the design, maintenance, and operation of the Underdeck; and WHEREAS, on September 30, 2019, the City submitted to FDOT a preliminary concept plan for the Underdeck; and WHEREAS, on October 31, 2019, FDOT provided the City with comments on the City's preliminary concept plan, including comments on the various aspects of the future design, maintenance, and operation of the Underdeck; and WHEREAS, on April 3, 2020, the City provided FDOT with a concept plan for the Underdeck, which represented the City's proposed basis of design for the Underdeck ("Underdeck Concept Plan"); and WHEREAS, on May 14, 2020, the City adopted Resolution No. R-20-0146 recommending the vacation of two (2) roadway segments and Resolution No. R-20-0147 authorizing the City Manager to negotiate and execute a Roadway Transfer Agreement with FDOT and approving the Underdeck Concept Plan; and WHEREAS, FDOT and the City anticipate entering into subsequent agreements, which will govern the parties' respective roles and obligations concerning the Underdeck, including, but not limited to, its design, maintenance, and operation; and WHEREAS, FDOT and the City mutually agree that the Underdeck may be planned, designed, constructed, and operated in a manner that allows for revenue -generating opportunities in order to fund operations and maintenance of the Underdeck; and WHEREAS, the City may issue a Request for Information ("RFI") to gauge interest from the private market and to request input concerning the City's potential sublease of all or portions of the Underdeck; and WHEREAS, utilizing the information obtained through the RFI and subject to the review and input from FDOT, the City may issue a Request for Proposals ("RFP") to select and award a potential sublease to one or more successful proposers ("Proposer"); and WHEREAS, the City's goal is that the Proposer will operate revenue -producing improvements which will offset all or a significant portion of the Underdeck operations and associated maintenance expenses; and WHEREAS, the City and FDOT intend that by July 1, 2021 or upon the completion of the City's RFP, whichever occurs first, the City and FDOT will execute a Memorandum of Lease Agreement, subject to City Commission approval, outlining the City's obligations to lease, maintain, and operate the Underdeck pursuant to a Use and Occupancy Agreement ("Master Lease"); and WHEREAS, the Master Lease will also include maintenance and operations commitments and permissible land uses which shall be subject to approval from the City as the local authorities having zoning jurisdiction; and WHEREAS, FDOT and the City further agree that the City may engage a third -party or multiple third -parties, whether private or public, to sublease, maintain, and enhance the Underdeck, or portions thereof, to fulfill the intentions of FDOT and the City; and WHEREAS, the City and FDOT intend to work in good faith to develop a consensus plan and a framework for the design, maintenance, and operation of the Underdeck in accordance with the terms of a second Memorandum of Understanding ("Second MOU"); and WHEREAS, in furtherance of these goals, the City and FDOT wish to enter into this Second MOU, in a form acceptable to the City Attorney, for the purposes of addressing the manner in which the City and FDOT intend to proceed concerning the design, maintenance, and operation of the Underdeck; and WHEREAS, the City will continue to work cooperatively towards these goals with the stakeholders in furtherance of the Underdeck; and WHEREAS, the City acknowledges that no properties affected by this Second MOU or the Underdeck will be utilized to offset any loss of park land within the City's municipal boundaries; 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. The City Manager is authorized to negotiate and execute the Second MOU, in a form acceptable to the City Attorney, with FDOT for the continued coordination and development of the Underdeck within the Signature Bridge Project. Section 3. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, all in forms acceptable to the City Attorney, in furtherance of the terms and conditions of the Second MOU. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Aktor ey 7/14/2020 ndez, ity Nttor ey 7/29/2020 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.