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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Resolution: R-20-0224 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 City of Miami 7641 - Legislation -SUB Page 1 of 3 File ID: 7641 (Revision: A) Printed On: 7/29/2020 File ID: 7641 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-20-0224 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 City of Miami Page 2 of 3 File ID: 7641 (Revision: A) Printed on: 7/29/2020 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 7641 MIAMI, FLORIDA: Enactment Number: R-20-0224 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 authorized1 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: dez, ity 'ttor ey 7/14/2020 dez, ity ttor 1 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. City of Miami Page 3 of 3 File ID: 7641 (Revision: A) Printed on: 7/29/2020 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 7641 Final Action ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT( AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A ' COND MEMORANDUM OF UNDERSTANDING ("SECOND MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPA MENT OF TRANSPORTATION FOR THE CITY OF MIAMI TO COLLABORATE 1► THE DEVELOPMENT AND COORDINATION OF THE 1-395 HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT LOCATED LONG 1- 395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENU ' ND BISCAYNE BAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY TANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCU ENTS AS MAY BE NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CI ATTORNEY, IN FURTHERANCE OF THE TERMS AND CONDITIONS O' THE SECOND MOU. WHEREAS, the Florida Department of Transportaf'-n ("FDOT") has jurisdictional ownership of Interstate 395/State Road 836 ("1-395") Ioc. ed between Northwest 3rd Avenue and Biscayne Bay, Miami, Florida; and WHEREAS, FDOT will plan, design, and the community enhancements below 1-395 ("Un which are intended to improve mobility and saf Project"); and c. struct the proposed 1-395 Signature Bridge, rdeck"), and highway capacity improvements y in the surrounding area ("Signature Bridge WHEREAS, the City of Miami ("C. ") and FDOT entered into that certain Memorandum of Understanding dated April 4, 2019 (" i OU") specifically outlining the expectations surrounding their respective roles and responsibil es regarding the design, maintenance, and operation of the Underdeck; and WHEREAS, on Septem .er 30, 2019, the City submitted to FDOT a preliminary concept plan for the Underdeck; and WHEREAS, on 0' ober 31, 2019, FDOT provided the City with comments on the City's preliminary concept p1-' , including comments on the various aspects of the future design, maintenance, and op- ation of the Underdeck; and WHERE k on April 3, 2020, the City provided FDOT with a concept plan for the Underdeck, wh represented the City's proposed basis of design for the Underdeck ("Underdeck concept Plan"); and W EREAS, on May 14, 2020, the City adopted Resolution No. R-20-0146 recom -nding the vacation of two (2) roadway segments and Resolution No. R-20-0147 autho' zing the City Manager to negotiate and execute a Roadway Transfer Agreement with FD' and approving the Underdeck Concept Plan; and SUBSTITUTED 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 int est from the private market and to request input concerning the City's potential sublease of - or portions of the Underdeck; and WHEREAS, utilizing the information obtained through the RFI and su and input from FDOT, the City may issue a Request for Proposals ("RFP") potential sublease to one or more successful proposers ("Proposer"); an WHEREAS, the City's goal is that the Proposer will operate improvements which will offset all or a significant portion of the Un associated maintenance expenses; and ect to the review select and award a enue-producing rdeck operations and WHEREAS, the City and FDOT intend that by July 1, '21 or upon the completion of the City's RFP, whichever occurs first, the City and FDOT will ecute a Memorandum of Lease Agreement, subject to City Commission approval, outlini s the City's obligations to lease, maintain, and operate the Underdeck pursuant to a Us= and Occupancy Agreement ("Master Lease"); and WHEREAS, the Master Lease will also in commitments and permissible land uses which local authorities having zoning jurisdiction; a de maintenance and operations all be subject to approval from the City as the WHEREAS, FDOT and the City f ' her agree that the City may engage a third -party or multiple third -parties, whether private o •ublic, to sublease, maintain, and enhance the Underdeck, or portions thereof, to fulf the intentions of FDOT and the City; and WHEREAS, the City and •OT intend to work in good faith to develop a consensus plan and a framework for the design aintenance, and operation of the Underdeck in accordance with the terms of a second M= orandum of Understanding ("Second MOU"); and WHEREAS, in fur erance of these goals, the City and FDOT wish to enter into this Second MOU, in a for cceptable to the City Attorney, for the purposes of addressing the manner in which the P ty and FDOT intend to proceed concerning the design, maintenance, and operation of the Un, -rdeck; and WHER S, the City will continue to work cooperatively towards these goals with the stakeholders nderdeck Advisory Group") in furtherance of the Underdeck; and the Un boun W- REAS, the City acknowledges that no properties affected by this Second MOU or rdeck will be utilized to offset any loss of park land within the City's municipal nes; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF IAMI, FLORIDA: SUBSTITUTED 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 authorized1 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 a other necessary documents, all in forms acceptable to the City Attorney, in furtheran terms and conditions of the Second MOU. and all of the Section 4. This Resolution shall become effective immediately upon it .doption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 7/14/2020 1 T e herein authorization is further subject to compliance with all requirements that may be imposed by e 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 (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.