2000-075 RESOLUTION NO. 2000-75
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF AVENTURA, TURNBERRY ASSOCIATES AND
FLORIDA EAST COAST RAILWAY, LLC RELATING TO THE
PERMANENT OPENING OF THE RAILROAD CROSSING AT NE
199TM STREET; 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 to execute the attached
Memorandum of Agreement between the City of Aventura, Turnberry Associates and
Florida East Coast Railway, LLC relating to the permanent opening of the railroad
crossing at NE 199th Street.
Section 2. City Engineer and Turnberry Associates' Engineer shall develop a
monitoring/methodology program conducted twice annually by the City Engineer, and in
the event it is determined by the City Engineer that the northbound left turn lane of the
subject intersection has caused the intersection to deteriorate, the Florida Department
of Transportation will be requested to close the northbound left turn lane.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved
its adoption. The motion was seconded by Commissioner Cohen, and upon being put to
a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin no
Resolution No. 2000-75
Page 2
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED this 28th day of November, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
INDEMNIFICATION AGREEMENT
THIS INDEMNIFICATION AGREEMENT ("Agreement") by Shopping Center
Management, a Florida general partnership, d/b/a/Tumberry Associates ("Tumberry"),
having an address of 19501 Biscayne Boulevard, Suite 400, Aventura, Florida, in favor of
the City of Aventura, Florida ("City") having an address of 2999 NE 191 st Street,
Aventura, Florida is dated as of December 1, 2000.
A. Tumberry and the City are parties to a certain Memorandum of
Understanding by and among Tumberry, the City, and the Florida East
Coast Railway of even date herewith ("MOU").
B. The City has required Turnberry deliver this Agreement as a condition for
the City executing and delivering the MOU and fully performing its
obligations thereunder.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto intending to be legally
bound, hereby agree as follows:
1. The foregoing recitals are true and correct and hereby incorporated by this
reference.
2. In consideration for the City executing and delivering the MOU,
Turnberry hereby agrees to defend, indemnify and hold harmless the City and its officers,
employees, agents and instrumentalities from any and all costs which the City may incur
as a result of the implementation of the MOU.
3. This Agreement shall terminate and be of no further force or effect one (1)
year after the last obligation under the MOU has been performed by the applicable party.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
TURNBERRY:
Shopping Center Management, a Florida
general partnership, d/b/a
By:
Title:
Date: /
CITY:
City of Aventura,
a political subdiv, j.~han of the State of. Florida
By: Q - ~
Title: ~r", '4~ ad.a.~t~, ~..
Oate: ,~/./~
MEMORANDUM OF UNDERSTANDING
1) The communities of Aventura, North Miami Beach, Sunny Isles Beach, Golden Beach
and Tumberry Associates ("Requesting Parties") have requested that the temporary
crossing at N.E. 199m St. ("Crossing") built pursuant to an agreement between Florida
East Coast Railway, LLC ("FEC") and the Florida Department of Transportation dated
June 19, 1998 ("Agreement") be made permanent in order to enable an additional
emergency hurricane evacuation route, to alleviate heavy traffic congestion in the area
and to facilitate development and neighborhood revitalization activities.
2) The Crossing was allowed to be constructed pursuant to the Agreement by which all
parties, including the Requesting Parties, understood that the Crossing would be
temporary in nature.
3) The introduction of another permanent grade crossing in this area will cause operational
difficulties and inefficiencies to the FEC and increases its maintenance, inspection and
operational and liability expenses.
4) FEC will agree to the permanent Crossing at N. E. 199th Street upon the following terms
and conditions:
a. All costs and expenses associated with modifications to the Crossing and
intersection improvements will be borne by others and FEC will bear no costs
associated with such modifications or improvements or maintenance thereof.
b. Turnberry Associates on behalf of the "Requesting Parties" shall pay the FEC
when all necessary government agencies have approved the permanent crossing
and all permits have been obtained for the construction of same the sum of
$500,000 to fund the construction of track improvements in the area of the
crossing as determined by FEC, to mitigate certain of the adverse impacts caused
by the railroad crossing. The above aforementioned approvals and permitting
must be completed on or before June 30, 2001. However, if construction of the
permitted crossing begins prior to the above mentioned date (June 30, 2001),
Tumberry Associates prior to the commencement of construction will deliver to
FEC an irrevocable, firm Letter of Credit from a financial institution reasonably
satisfactory to FEC which shall provide that FEC may draw upon the Letter of
Credit on or after June 30, 2001 to construct the track improvements.
The Florida East Coast Railway (FEC) will acknowledge and participate in the
permit and approval process that will be necessary in opening NE 199t~ Street as a
permanent railroad crossing, as it pertains to the Florida Department of
Transportation (FDOT) and the FEC agreement through December 2001.
Page Two
Memorandum of Understanding
c. The "Requesting Parties" acknowledge that the addition of another at-grade
crossing without a concomitant closure of another crossing is not in keeping with
railroad industry standards to eliminate grade crossing whenever possible. The
Requesting Parties further acknowledge that according to railroad industry
standards, at-grade railroad crossings are of no ascertainable benefit to the
Railway and that due to the number of crossings in a predominately single track
rail line, the length of freight trains, and the frequency of freight trains, both north
and south bound, grade crossings in the communities are frequently blocked by
waiting and passing trains.
The Requesting Parties acknowledge that it would be highly desirable to
minimize the resulting highway congestion by facilitating rail traffic flow through
the area.
d. Tumberry Associates and the City of Aventura (For the Transportation Outreach
Program, TOP application) agree to make best efforts to achieve funding by
working with elected federal, state and local officials to obtain funding for the
construction of an appropriate 4.3 mile "Passing Siding" south of the N.E. 186th
St. terminus. In the event the funds are secured for the Passing Siding, FEC will
contribute $500,000 to the cost of the Passing Siding.
5) Miami-Dade County Public Works Department will make the necessary intersection
improvements for the permanent railroad crossing at N.E. 199th Street.
6) Subject to the FEC's agreement and concurrence, the Florida Department of
Transportation will agree to revise the June 19, 1998 agreement as needed with the FEC,
and make any necessary changes to accommodate the permanent railroad crossing at N.E.
199th St. The FDOT does not "Object" to this crossing improvement, provided the
necessary permit plan has been approved by the appropriate agencies.
7) The FEC agrees to the realignment of the 'right of way' to accommodate safety features
for their railroad so as to maintain a right of way of 100 feet.
8) The permanent opening of N.E. 199th St. may possibly impact the already agreed upon
schedule of completion.
9) FEC has agreed to keep open the railroad crossing at N.E. 179th Street.
10) If required, Tumberry Associates pending City of Aventura approval, will pursue the
appropriate state, county and city agencies to issue the necessary permits for the
permanent opening of N.E. 199th St. Subject to compliance by the Parties with the
obligation set forth in Section 4 of this MOU hereof, if needed, FEC will assist in this
process.
11) On the grade separation project at N.E. 203ra St., both FDOT and the contractor (Gilbert
Southern Construction Company), are on a timetable. Gilbert Southern is ahead of
Page Three
Memorandum of Understanding
schedule on this project, and they plan to close N.E. 199t~ St. when their work is
completed at N.E. 203rd St. Therefore, in order to prevent N.E. 199th St. from being
closed, the MOU with the FEC needs to be signed and agreed upon by November 21,
2000 by 3:00 p.m.
12)By mutual agreement and tmderstanding both traffic and safety concerns are of
paramount importance to both parties. This is evident from letters of support from the
Requesting Parties as well as discussion on these issues during the September 1 and
October 13, 2000 meetings between the parties hereto (Turnberry Associates and FEC).
13) This Memorandum of Understanding (M. O. U.) is subject to review and approval by the
City of Aventura. A final decision to support or reject this M.O.U. will be made at the
City Council Meeting on November 28, 2000.
14) In the event Turnberry Associates does not meet the obligations as specifically set forth
in Section 4 (a, b, d) and 10 of the M. O. U, FEC's agreement to support the permanent
opening of the N.E. 199th St. railroad crossing will be null and void and FEC may close
the crossing and none of the parties hereto will in any way hinder, impede or obstruct
FEC from exercising its right to close the crossing.
//,,T ~j'Associates ~-'~-~2~
Florida Ea~ Coast Railway, LLC
City of Aventura /'