HomeMy WebLinkAboutAssignment of JPAASSIGNMENT OF JOINT PARTICIPATION AGREEMENT
FINANCIAL PROJECT NO.:
40573413401/40673415401
Contract No.: AH877 .
Catalog of Federal Domestic A
Fund: 010 (DS/CIGPZ
Function: 215
Federal No.: N/A .
ssistance No.: Catalog
FLAIR Approp.: 088572/086717/088849
FLAIR Obj.: 750008/790092/790089
Org.Code: 55063030643/55064010612/55064010606
Vendor No.: F596000375096
of State Financial Assistance Number: 55014/55008_,
This Agreement is made this day of bex' , 2003, by and among
Downtown Development Authority of the City of Miami ("DDA"), The City of Miami,
a municipal corporation of the State of Florida ("City"), and the State of Florida
Department of Transportation, an agency of the State of Florida ("FDOT").
RECITALS
A. DDA and FDOT have entered into a Joint Participation Agreement dated
November 4, 1999, as amended by Supplemental Joint Participation Agreement
Number 1, to provide funding for the design and construction of the Flagler
Street Corridor Improvements Project (the "Project"), as more particularly
described in the Agreement, a copy of which is attached hereto as Exhibit "A"
(the "JPA").
B. The JPA provides for funding to the DDA on a reimbursement basis, thereby
requiring DDA to make initial payments for construction pending
reimbursement of allowable costs from FDOT.
C. The City has agreed to supervise the construction of the Project and to make
initial payments in connection therewith.
D. DDA and the City agree that it is in the best interest of both parties, and of the
Project, for the City to be the recipient of the JPA funds under the JPA.
E. DDA wishes to assign to the City and the City wishes to accept from DDA, all
of DDA's rights and obligations under the JPA.
NOW, THEREFORE, in consideration of the foregoing, it is agreed as follows:
1. Recitals: The recitals are true and correct and are hereby incorporated into
and made a part of this Agreement.
2. Assignment of JPA: DDA hereby assigns to the City and the City hereby
accepts from DDA, all of DDA's rights and obligations as the "Agency" under
the JPA. DDA represents and warrants to the City that the JPA is in good
standing and the DDA is not in default, has not defaulted, and has not done or
failed to do anything that with the passage of time would constitute a default,
under the JPA. Simultaneously with the execution of this Assignment DDA
shall deliver to the City all documents and records required to be maintained by
DDA under the JPA. DDA shall be responsible for compliance with all of the
JPA requirements up to the date of this Assignment and the City shall be
responsible for compliance with all of the JPA requirements subsequent to the
date hereof. To the extent permitted by law, DDA and the City hereby
indemnify each other from and against all actions arising out of the performance
of their respective obligations, and their representations, under this Agreement.
3. Consent to Assignment: FDOT hereby consents to the foregoing
assignment.
4. Notices: Any notice or communication under the JPA or this Agreement shall
be in writing and shall be deemed sufficiently given if hand delivered or
dispatched by United States certified mail, postage prepaid, return receipt
requested, or by nationally recognized overnight delivery service, to the
appropriate party or entity at the address specified below or at such other address
of which the other party shall be duly notified in writing:
(a) In the case of a notice or communication to DDA, to:
Executive Director
200 South Biscayne Boulevard, Suite 1818
Miami, FL 33131
(b) In the case of a notice or communication to the City, to:
City Manager
Miami Riverside Building, 9tn Floor
444 S.W. 2nd Avenue
Miami, Florida 33130
(c) In the case of a notice or communication to FDOT, to:
Gary L. Donn
Director of Planning and Public Transportation
602 South Miami Avenue
Miami, Florida 33130
(d) A duplicate copy of each notice given by any party to this
Agreement to the other shall also be delivered to the City at the
following addresses:
City Attorney
City of Miami
Miami Riverside Building, 9th Floor
444 S.W. 2"d Avenue
Miami, Florida 33130
All notices shall be deemed received when actually delivered if delivered by
hand or by a nationally recognized overnight delivery service and shall be deemed
delivered five (5) days following mailing in the event mailed as provided above.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed
as of the date first above written.
Attest:
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Priscilla A. Thompson, City Clerl�
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The Downtown Development Authority
By:
Title: Execu ive irector
The Ci of Mi
By:
Joe
Dania Carrillo
Risk Management Adminisr ator
Approved
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ity Attorney �1
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.AIWAk All
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Legal Review, Department of
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