2007-005
RESOLUTION NO. 2007-05
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN FIRST AMENDMENT TO AGREEMENT,
AS ATTACHED HERETO, BY AND BETWEEN THE CITY
OF AVENTURA AND MIAMI-DADE COUNTY RELATING
TO MIAMI GARDENS DRIVE CONNECTOR
IMPROVEMENTS JOINT PARTICIPATION PROJECT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City to
execute and otherwise enter into that certain First Amendment to Agreement, as
attached hereto, by and between the City of Aventura and Miami-Dade County relating
to Miami Gardens Drive Connector Improvements Joint Participation Project attached.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon adoption.
The foregoing resolution was offered by Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Harry Holzberg
Mayor Susan Gottlieb
yes
yes
yes
absent from the room
yes
yes
yes
Resolution No. 2007 - 05
Page 2
PASSED AND ADOPTED this 6th day of February, 2007.
~2)p
SUSAN GO TLlEB, MAYOR.
ATTE;ST:
,.
}
APPROVED AS TO LEGAL SUFFICIENCY:
~h1~
CITY ATTORNEY
EMS/tms
FIRST AMENDMENT TO AGREEMENT BETWEEN MIAMI-DADE COUNTY
AND THE CITY OF AVENTURA
This First Amendment to Agreement is made and entered into this
day of
,2007, by and between Miami-Dade County, a political
subdivision of the State of Florida, herein referred to as the "County", and the
City of Aventura, a political subdivision of the State of Florida, herein referred to
as the "City".
WITNESSETH
WHEREAS, pursuant to Resolution No. R-1030-05, approved by the
Board of County Commissioners of Miami-Dade County, Florida, on September
8, 2005, the parties hereto entered into an Agreement to facilitate the
construction of a road improvement project in Miami-Dade County, (the
"Agreement") to provide for the construction of a new four-lane roadway to
extend Miami Gardens Drive from Biscayne Boulevard to the western terminus of
the property line of the Aventura Landings Development in Aventura, Miami-
Dade County, as more particularly described in the Agreement (the "Project");
and
WHEREAS, Miami-Dade County and the Florida Department of
Transportation have requested changes in the Project, including the construction
of supplementary intersection and signalization improvements, and
1
WHEREAS, the cost of construction materials have considerably
escalated since the original cost estimate for the Project was made over a year
ago; and
WHEREAS, unforeseen conditions were encountered in geotechnical
tests associated with the Project, which increased Project costs; and
WHEREAS, the Project costs the County is responsible to provide for now
total $1,996,170.58; an amount that is $1,430,163.58 greater than the amount of
$566,077.00 originally provided for in the Agreement;
NOW, THEREFORE, in consideration of the mutual desires of the parties
hereto, the following modifications are made to the aforementioned Agreement:
Section 4. County Payments of Proiect Costs. The County agrees to
provide funds in the amount of $566,007 $1.996.170.58, for eligible expenses as
defined herein, incurred for the construction of the Project. This amount includes
the fifteen percent (15 %) contingency addressed in Section 3. The County shall
incur no liability for any costs in excess of said funding amount unless there has
been a duly authorized increase approved by the Board of County
Commissioners.
The County funds available for this Project are specified below:
Funding
Amount
Funding
Source
Road Impact Fee
District 3
County Fiscal Year
of Commitment
$566,007
2004-05
$1.430,163.58
Charter County Transit
System Surtax Funds
2006-07
2
Section 19. Citizens' Independent Transportation Trust Approval. Unless
waived by action of the County, this Amendment shall only become effective
upon approval by the Board of County Commissioners and the Citizens'
Independent Transportation Trust (CITT) or. if not approved by the CITT, by the
Board of County Commissioners reaffirmance of the award by 2/3 vote of its
membership, all pursuant to the applicable ordinance. In the event the
Amendment is not approved, the Amendment shall be null and void and be of no
force or effect.
Section 20. People's Transportation Plan Project Siqnaqe. The County
shall furnish and install a Project siqn in each direction of traffic indicatinq that
this Project is beinq funded by the People's Transportation Plan, in coordination
with the City, in proximity to the start/end of the Project limits. Should MOT
siqnaqe be required as part of the work, the Project siqn shall be placed an
appropriate distance before the MOT siqnaqe ranqe. The Proiect siqns shall
remain in place for the duration of the work or as directed by the Proiect
enqineer.
Section 21. Public Involvement. The City will provide information to
property owners, tenants, and area residents, includinq business siqns,
directional parkinq siqns, and schedules for maior work to be performed in the
area.
3
In all other respects, except as herein amended, the original Agreement shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto set their hands and official
seals the day and year first above written.
HARVEY RUVIN
CLERK OF THE BOARD
MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF
COUNTY COMMISSIONERS
ATTEST:
BY:
BY:
Deputy Clerk
County Manager
Approved by County Attorney
as to form and legal sufficiency
ATTEST:
CITY OF A VENTURA, a municipal
corporation of the State of Florida
BY:
BY:
Teresa M. Soroka
City Clerk
Eric M. Soroka
City Manager
(Affix City Seal)
Approved by City Attorney
as to form and legal sufficiency
4