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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney U.L,�e2 DATE: April 14, 2021 U RE: Resolution No. 21-0138 — Execute Stipulation of Parties Agreement - Florida East Cost Railway. File No. 8774 At its April 8, 2021 meeting, the City Commission adopted the above referenced agenda item, CA.5, authorizing the City Manager to execute a Stipulation of Parties Agreement with Florida East Coast ("FEC") Railway and the Florida Department of Transportation (1) for the construction of a railroad crossing along Northeast 42nd Street between Northeast 4th Avenue and Federal Highway within the FEC right of way, Office of Capital Improvements ("OCI") Project No. 40-B173901 and (2) to close the railroad crossing at Northeast Miami Court between Northeast 71 st Street and Northeast 74th Street, OCI Project No. 40-B 183616. Section 6 inadvertently contained an incorrect description of the effective date of the Resolution. The Legislation has been corrected and incremented to Revision A. VM/BLM/JTM/vja Enclosure(s) g774 gcrianer's &r(M?MO 111110 "Mt 11.,11 0 g \ City of Miami Legislation Resolution: R-21-0138 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8774 Final Action Date: 4/8/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A STIPULATION OF PARTIES AGREEMENT ("SOP"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY ("FEC") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION 1) FOR THE CONSTRUCTION OF A RAILROAD CROSSING ALONG NORTHEAST 42ND STREET BETWEEN NORTHEAST 4TH AVENUE AND FEDERAL HIGHWAY WITHIN THE FEC RIGHT OF WAY, OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B173901 AND 2) TO CLOSE THE RAILROAD CROSSING AT NORTHEAST MIAMI COURT BETWEEN NORTHEAST 71ST STREET AND NORTHEAST 74TH STREET, OCI PROJECT NO. 40-B183616 (COLLECTIVELY, "PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE SOP, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FEC'S STANDARD GRADE CROSSING LICENSE AGREEMENT FOR THE USE AND EXISTENCE OF THE NORTHEAST 42ND STREET RAIL -HIGHWAY PUBLIC AT GRADE CROSSING IN COMPLIANCE WITH THE TERMS OF THE SOP; PROVIDING FOR THE BUDGETING, ALLOCATION, AND APPROPRIATION OF FUNDS BY SEPARATE RESOLUTION. 1.0 -ry N c-7 m n `• • WHEREAS, the City of Miami ("City") filed an opening application with the Florida —0 Department of Transportation ("FDOT") to open a railroad -highway grade crossing at:Nort 42nd Street; and t 73 WHEREAS, the City and Florida East Coast Railway ("FEC") wish to construra railroad crossing along Northeast 42' Street between Northeast 4th Avenue and Federal Highway, " within the FEC Right of Way CROW'), Office of Capital Improvements ("OCI") Project MD. B173901 ("Railroad Crossing"), as well as close the railroad crossing at Northeast Miami Court between Northeast 71st Street and Northeast 74th Street, OCI Project No. 40-B183616 ("Railroad Closure") (collectively, "Project"); and WHEREAS, the scope of the Railroad Crossing consists of constructing an at -grade roadway across the existing railroad crossing within FEC's ROW to allow for vehicular and pedestrian traffic along with other roadway enhancements such as traffic signals, street lighting, sidewalks, ramps, curb and gutter, drainage improvements, and modifications to the existing on - street parking; and WHEREAS, the scope of the Railroad Closure consists of removing the at -grade roadway crossing to prohibit vehicular and pedestrian traffic along with installing guardrails City of Miami Page 1 of 3 File ID: 8774 (Revision: A) Printed On: 4/16/2021 File ID: 8774 Enactment Number: R-21-0138 across Northeast Miami Court within the City's ROW on both sides of the railroad and removing the leveling concrete blocks, concrete ties, control cabinet, railroad gate, and arms; and WHEREAS, FEC will be responsible for the construction, management, administration, and maintenance of the Project within its ROW; and WHEREAS, the City agrees to contribute funds towards the construction of the Project in an amount not to exceed nine hundred thousand dollars ($900,000.00) for the Railroad Crossing and an amount not to exceed two hundred forty-two thousand dollars ($242,000.00) for the Railroad Closure; and WHEREAS, on February 6, 2019, the City entered into a Joint Participation Agreement with Miami -Dade County ("County") for the acceptance and use of One Million, Four Hundred One Thousand Dollars ($1,401,000.00) in County funds for the construction of the Railroad Crossing, attached and incorporated as Exhibit "B"; and WHEREAS, the City, FEC, and FDOT wish to execute a Stipulation of Parties Agreement ("SOP"), attached and incorporated as Exhibit "A", to enable the City and FEC to construct the Project; 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 execute an SOP, in substantially the attached form, with FEC and FDOT for the Project. Section 3. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments and modifications to the SOP, all in forms acceptable to the City Attorney, as may be necessary for the Project. Section 4. The City Manager is further authorized' to negotiate and execute FEC's standard grade crossing License Agreement for the use and existence of the Northeast 42nd Street rail -highway public at grade crossing in compliance with the terms of the SOP. Section 5. Funds for the Project are to be budgeted, allocated, and appropriated by separate Resolution. Section 6. This Resolution shall become effective immediately upon its adoption. ' The herein authorization is further subject to compliance with all legal requirements that ma be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 8774 (Revision: A) Printed on: 4/16/2021 File ID: 8774 Enactment Number: R-21-0138 APPROVED AS TO FORM AND CORRECTNESS: ez, City ttor ey 3/30/2021 (Vt6ria"iGndez, City ttor ey 4/16/2021 City of Miami Page 3 of 3 File ID: 8774 (Revision: A) Printed on: 4/16/2021 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8774 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A STIPULATION OF PARTIES AGREEMENT ("SOP"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA EAST COAST RAILWAY ("FEC") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION 1) FOR THE CONSTRUCTION OF A RAILROAD CROSSING ALONG NORTHEAST 42ND STREET BETWEEN NORTHEAST 4TH AVENUE AND FEDERAL HIGHWAY WITHIN THE FEC RIGHT OF WAY, OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B173901 AND 2) TO CLOSE THE RAILROAD CROSSING AT NORTHEAST MIAMI COURT BETWEEN NORTHEAST 71 ST STREET AND NORTHEAST 74TH STREET, OCI PROJECT NO. 40-B183616 (COLLECTIVELY, "PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS TO THE SOP, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE FEC'S STANDARD GRADE CROSSING LICENSE AGREEMENT FOR THE USE AND EXISTENCE OF THE NORTHEAST 42ND STREET RAIL -HIGHWAY PUBLIC AT GRADE CROSSING IN COMPLIANCE WITH THE TERMS OF THE SOP; PROVIDING FOR THE BUDGETING, ALLOCATION, AND APPROPRIATION OF FUNDS BY SEPARATE RESOLUTION. WHEREAS, the City of Miami ("City") filed an opening application with the Florida Department of Transportation ("FDOT") to open a railroad -highway grade crossing at Northeast 42"d Street; and WHEREAS, the City and Florida East Coast Railway ("FEC") wish to construct a railroad crossing along Northeast 42nd Street between Northeast 4th Avenue and Federal Highway, within the FEC Right of Way ("ROW'), Office of Capital Improvements ("OCI") Project No. 40- B173901 ("Railroad Crossing"), as well as close the railroad crossing at Northeast Migni Court between Northeast 71st Street and Northeast 74th Street, OCI Project No. 40-B1836164 ("Railroad Closure") (collectively, "Project"); and c i cat' —�t7 WHEREAS, the scope of the Railroad Crossing consists of constructing an gra roadway across the existing railroad crossing within FEC's ROW to allow for vehicu#ar;andn rrj pedestrian traffic along with other roadway enhancements such as traffic signals, street limiting;=� sidewalks, ramps, curb and gutter, drainage improvements, and modifications to tti'.existi"Tt on `c, r street parking; and '_ r— .. cn WHEREAS, the scope of the Railroad Closure consists of removing the at -eke roadway crossing to prohibit vehicular and pedestrian traffic along with installing guardrails across Northeast Miami Court within the City's ROW on both sides of the railroad and removing the leveling concrete blocks, concrete ties, control cabinet, railroad gate, and arms; and WHEREAS, FEC will be responsible for the construction, management, administration, and maintenance of the Project within its ROW; and WHEREAS, the City agrees to contribute funds towards the construction of the Project in an amount not to exceed nine hundred thousand dollars ($900,000.00) for the Railroad Crossing and an amount not to exceed two hundred forty-two thousand dollars ($242,000.00) for the Railroad Closure; and WHEREAS, on February 6, 2019, the City entered into a Joint Participation Agreement with Miami -Dade County ("County") for the acceptance and use of One Million, Four Hundred One Thousand Dollars ($1,401,000.00) in County funds for the construction of the Railroad Crossing, attached and incorporated as Exhibit "B"; and WHEREAS, the City, FEC, and FDOT wish to execute a Stipulation of Parties Agreement ("SOP"), attached and incorporated as Exhibit "A", to enable the City and FEC to construct the Project; 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 execute an SOP, in substantially the attached form, with FEC and FDOT for the Project. Section 3. The City Manager is further authorized' to negotiate and execute any and all other documents, including any amendments and modifications to the SOP, all in forms acceptable to the City Attorney, as may be necessary for the Project. Section 4. The City Manager is further authorized' to negotiate and execute FEC's standard grade crossing License Agreement for the use and existence of the Northeast 42nd Street rail -highway public at grade crossing in compliance with the terms of the SOP. Section 5. Funds for the Project are to be budgeted, allocated, and appropriated by separate Resolution. ca a Section 6. This Resolution shall become effective immediately upon its adoption atilt signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 3/30/2021 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City 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.