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HomeMy WebLinkAboutSubstitution Memo from City ManagerCITY OF MIAMI MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Arthur Noriega V, City Manager DATE: April 3, 2025 RE: April 10, 2025 Commission Meeting Agenda — Substitution of RE. 1 — A Resolution authorizing the City Manager to execute an Memorandum of Understanding ("MOU") with the Underline Management Organization, Inc. d/b/a The Underline Conservancy; Further directing the City Manager to allocate and appropriate funds to be governed by the MOU File No. 17339 Item RE. 1 on the April 10, 2025 City Commission Agenda allocating and appropriating a little more than $8.7 million in City funding to be used towards The Underline programming, management, and maintenance. The resolution is also authorizing the City Manager to negotiate a Memorandum of Understanding ("MOU") with the managing entity of The Underline. This item is being substituted to clearly reflect that the City Commission is authorizing an MOU with a 10-year term and amend the fiscal year impact of funding in the amount of $8,702,869.00 to be allocated and appropriated over a five (5) year period, which will coincide with the first five (5) years of the MOU, instead of one fiscal year. cc. George K. Wysong III, City Attorney Miriam Santana, Agenda Coordinator I�339 SbsJrTr rr¢rv✓� for Cirk4 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17339 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU") FOR A TERM OF TEN (10) YEARS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE UNDERLINE MANAGEMENT ORGANIZATION, INC. D/B/A THE UNDERLINE CONSERVANCY FOR THE CITY OF MIAMI'S ("CITY") COLLABORATION IN THE INVESTMENT, OPERATIONS, PROGRAMMING, MAINTENANCE AND MANAGEMENT OF THE UNDERLINE, AN APPROXIMATELY 120-ACRE LINEAR SET OF PARCELS OF LAND ADJACENT TO AND BELOW THE EXISTING METRORAIL GUIDEWAY, FROM THE MIAMI RIVER (BRICKELL AREA) TO THE DADELAND SOUTH METRORAIL STATION, PORTIONS OF WHICH LIE IN UNINCORPORATED MIAMI-DADE COUNTY, THE CITY, THE CITY OF CORAL GABLES AND THE CITY OF SOUTH MIAMI; FURTHER AUTHORIZING THE APPROPRIATION AND ALLOCATION OF FUNDS FOR THE PROJECT, AS DESCRIBED IN THE MOU, ATTACHED AND INCORPORATED; FURTHER DIRECTING THE CITY MANAGER TO APPROPRIATE AND ALLOCATE FUNDING, IN AN AMOUNT NOT TO EXCEED $8,702,869.00 DOLLARS FOR FISCAL YEAR 2025 2026THE FIRST FIVE YEARS OF THE MOU TERM, FROM THE GENERAL FUND AND OTHER LEGALLY AVAILABLE SOURCES OF FUNDS, WITH SUBSEQUENT YEAR FUNDING SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; 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 THE MOU. WHEREAS, the City of Miami ("City") is a municipality within Miami -Dade County that borders The Underline, an approximately 120-acre linear set of parcels of land adjacent to and below the existing Metrorail guideway, from the Miami River to the Dadeland South Metrorail Station, involving multiple municipalities ("The Underline"); and WHEREAS, The Underline is being developed in three phases to transform the land adjacent to and below the Metrorail into a first-class, multimodal urban trail and park area, enhancing accessibility to eight Metrorail stations and four municipalities, and serving over 125,000 residents within a 10-minute walk; and WHEREAS, the 10-mile corridor will provide pedestrian and bicycle paths, improvements to over 30 intersections, access to public transportation, lighting, and recreational features such as butterfly gardens, playgrounds, exercise equipment, sports courts, picnic areas, and dog parks; and WHEREAS, through a collaborative approach involving the United States Department of Transportation, the State of Florida, Miami -Dade County, the City, the City of Coral Gables, and private donors, The Underline secured funds to complete the construction of a 10-mile multimodal trail, linear park, and open space, with Phase 1 and Phase 2 already open to the public and Phase 3 under development; and WHEREAS, the Conservancy, a public -private board composed of appointees from the Friends of The Underline and publicly appointed officials, manages all operations, maintenance, management, programs, and art for The Underline, and will oversee over 120 acres of mobility and park spaces along the 10-mile corridor upon completion; and WHEREAS, the Conservancy has developed a pro forma of funding dependent on contributions from both private and public sectors, including Miami -Dade County, the City, and Friends of The Underline, to support ongoing programming, operations, maintenance, and management, recognizing The Underline's significant economic, environmental, and social impact, and ensuring its long-term viability through the a proposed funding plan ("Funding Plan") commencing in 2025 and extending through 2035; 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 a Memorandum of Understanding ("MOU") with a ten (10) year term, in a form acceptable to the City Attorney, with the Underline Management Organization, Inc. d/b/a The Underline Conservancy for the City's collaboration in the investment, operations, programming, maintenance and management of The Underline. Section 3. The City Manager is further authorized' to appropriate and allocate funds pursuant to the terms of the MOU, as described in the MOU, including an amount not to exceed $8,702,869.00 dollars -for Fiscal Year 2025 2026the first five (5) nears of the MOU term, from the General Fund and other legally available sources of funds, with subsequent year funding subject to availability of funds and budgetary approval at time of need. Section 3. The City Manager is further authorized' to negotiate and execute all necessary documents, including but not limited to a MOU, all in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wy ng III, City to y 4/1/2025 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. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17339 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE UNDERLINE MANAGEMENT ORGANIZATION, INC. D/B/A THE UNDERLINE CONSERVANCY FOR THE CITY OF MIAMI'S ("CITY") COLLABORATION IN THE INVESTMENT, OPERATIONS, PROGRAMMING, MAINTENANCE AND MANAGEMENT OF THE UNDERLINE, AN APPROXIMATELY 120-ACRE LINEAR SET OF PARCELS OF LAND ADJACENT TO AND BELOW THE EXISTING METRORAIL GUIDEWAY, FROM THE MIAMI RIVER (BRICKELL AREA) TO THE DADELAND SOUTH METRORAIL STATION, PORTIONS OF WHICH LIE IN UNINCORPORATED MIAMI-DADE COUNTY, THE CITY, THE CITY OF CORAL GABLES AND THE CITY OF SOUTH MIAMI; FURTHER AUTHORIZING THE APPROPRIATION AND ALLOCATION OF FUNDS FOR THE PROJECT, AS DESCRIBED IN THE MOU, ATTACHED AND INCORPORATED; FURTHER DIRECTING THE CITY MANAGER TO APPROPRIATE AND ALLOCATE FUNDING, IN AN AMOUNT NOT TO EXCEED $8,702,869.00 DOLLARS FOR FISCAL YEAR 2025-2026, FROM THE GENERAL FUND AND OTHER LEGALLY AVAILABLE SOURCES OF FUNDS, WITH SUBSEQUENT YEAR FUNDING SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; 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 THE MOU. WHEREAS, the City of Miami ("City") is a municipality within Miami -Dade County that borders The Underline, an approximately 120-acre linear set of parcels of land adjacent to and below the existing Metrorail guideway, from the Miami River to the Dadeland South Metrorail Station, involving multiple municipalities ("The Underline"); and WHEREAS, The Underline is being developed in three phases to transform the land adjacent to and below the Metrorail into a first-class, multimodal urban trail and park area, enhancing accessibility to eight Metrorail stations and four municipalities, and serving over 125,000 residents within a 10-minute walk; and WHEREAS, the 10-mile corridor will provide pedestrian and bicycle paths, improvements to over 30 intersections, access to public transportation, lighting, and recreational features such as butterfly gardens, playgrounds, exercise equipment, sports courts, picnic areas, and dog parks; and WHEREAS, through a collaborative approach involving the United States Department of Transportation, the State of Florida, Miami -Dade County, the City, the City of Coral Gables, and private donors, The Underline secured funds to complete the construction of a 10-mile multimodal trail, linear park, and open space, with Phase 1 and Phase 2 already open to the public and Phase 3 under development; and WHEREAS, the Conservancy, a public -private board composed of appointees from the Friends of The Underline and publicly appointed officials, manages all operations, maintenance, management, programs, and art for The Underline, and will oversee over 120 acres of mobility and park spaces along the 10-mile corridor upon completion; and WHEREAS, the Conservancy has developed a pro forma of funding dependent on contributions from both private and public sectors, including Miami -Dade County, the City, and Friends of The Underline, to support ongoing programming, operations, maintenance, and management, recognizing The Underline's significant economic, environmental, and social impact, and ensuring its Tong -term viability through the a proposed funding plan ("Funding Plan") commencing in 2025 and extending through 2035; 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 a Memorandum of Understanding ("MOU"), in a form acceptable to the City Attorney, with the Underline Management Organization, Inc. d/b/a The Underline Conservancy for the City's collaboration in the investment, operations, programming, maintenance and management of The Underline. Section 3. The City Manager is further authorized' to appropriate and allocate funds pursuant to the terms of the MOU, as described in the MOU, including an amount not to exceed $8,702,869.00 dollars for Fiscal Year 2025-2026, from the General Fund and other legally available sources of funds, with subsequent year funding subject to availability of funds and budgetary approval at time of need. Section 3. The City Manager is further authorized' to negotiate and execute all necessary documents, including but not limited to a MOU, all in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Ilt. C y` tar y 411,2025 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.