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HomeMy WebLinkAboutExhibit 1FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI ROADWAY TRANSFER AGREEMENT SR 5/US-1BRICKELL AVENUE FROM SR 9/I-95 TO SR 90/SW 8 STREET THIS AGREEMENT, made and entered into this day of , 2013 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "DEPARTMENT", and CITY OF MIAMI, hereinafter called the "CITY"; WITNESSETH WHEREAS, the DEPARTMENT has requested the transfer of SR 5/US-1Brickell Avenue from SR 9/I- 95 to SR 90/SW 8 Street from the State of Florida Department of Transportation State Highway System to the CITY Street System and this transfer is mutually agreed upon, between the CITY and the DEPARTMENT, WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 335.0415, Florida Statutes; NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will abide. The commencement of jurisdictional and maintenance responsibilities is the date of the approval of the roadway transfer by the Secretary of the Department of Transportation. (a) The CITY accepts all responsibility for the road right-of-way and for operation and maintenance of the roadway, including bridges. In addition to the roadbed, this agreement includes all curbs, culverts, and drainage structures within the right-of-way at the time of transfer. The CITY shall be responsible for maintenance of public sidewalks, bike paths, and other ways in the right-of-way (b) The DEPARTMENT gives up all rights to the road, including the right-of-way, except as may be specified in this Agreement. (c) The DEPARTMENT will offer an opportunity for a public hearing stating that the state road number will be removed, once the roads are transferred to the CITY. (d) The CITY shall be responsible for maintaining and operating all traffic signals, and lighting systems within the right-of-way. (e) It is agreed that all obligations of the DEPARTMENT, under any maintenance, utility, or railroad crossing agreement or other such agreement, relating to any specific road to be transferred, shall be transferred to the CITY at the same time and in the same manner as jurisdictional responsibility. If the agreements were made between the DEPARTMENT and the CITY, and the DEPARTMENT will no longer be involved after the transfer takes place, new agreements or amended agreements shall be made between the DEPARTMENT and the CITY. These agreements shall be negotiated and signed prior to District Secretary approval of the final Transfer Agreement. Copies of any existing permits, agreements and easements shall be turned over to the receiving entity for their records. (f) If there is evidence of historical or archaeological resources that could be adversely impacted after a transfer, the CITY agrees to maintain the resources in accordance with Cultural Resource Management, Coordinator (CRMC) recommendations. If no evidence is found prior to the transfer, the CITY agrees not to adversely affect any such resources if found after the transfer. (g) When Federal -Aid funding has been used on a road to be transferred, the local government entity shall enter into a project agreement with the Department in accordance with Topic Number 850- 065-001, Inspection of Federal -Aid Projects under Local Jurisdiction (State Maintenance Office). (h) Existing deeds or right-of-way maps will be recorded by the DEPARTMENT, in the public land records of Miami -Dade in which the rights -of -way are located. If right-of-way maps do not exist, the DEPARTMENT shall make maps and file them for possible future use. If the right-of-way is conveyed by Quit -Claim Deed, the same shall also be recorded in the public records of Miami - Dade County. (i) The City, by Resolution No. , dated , 20 , has authorized the execution of this Agreement, further authorizes the terms and conditions of this Agreement, and directs its officials to comply with all provisions hereunder. (j) To the best of the DEPARTMENT's knowledge and belief: a. There are no pending actions or claims against the DEPARTMENT relating to the road segment and the DEPARTMENT has not received notice in any form of such action or claim or possible action or claim; b. There are no contaminants, pollutants, man-made substances, or toxic or hazardous substances on or in the road segment. All words used herein in the singular form shall extent to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements either verbal or written between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes, the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation District Six 1000 NW 111 Avenue Miami, Florida 33172 Telephone: 305-470-5197 Fax: 305-470-5189 Attn: Gus Pego, P.E. District Secretary City of Miami Office of the City Manager 444 S.W. 2nd Ave Miami, FL 33130-1910 Telephone: 305-416-1025 Fax: 305-416-1019 Attn: Johnny Martinez, P.E. City Manager Each party is an independent contractor and is not an agent of the other party. Nothing contained in the Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY OF MIAMI STATE OF FLORIDA DEPARTMENT OF BY: TRANSPORTATION Authorized Signature ATTEST: Clerk LEGAL REVIEW: Local Legal Counsel BY: District Secretary ATTEST: LEGAL REVIEW: District Legal Counsel FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI ROADWAY TRANSFER AGREEMENT SW/SE 1 STREET FROM SW 2 AVENUE TO SR 5/US-1BISCAYNE BLVD, NW/NE 1 STREET FROM NW 3 AVENUE TO SR 5/US-1/BISCAYNE BLVD, NW 3 AVENUE FROM W FLAGLER STREET TO NW 8 STREET & NW 3 COURT FROM W FLAGLER STREET TO NW 8 STREET THIS AGREEMENT, made and entered into this day of , 2013 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "DEPARTMENT", and CITY OF MIAMI, hereinafter called the "CITY"; WITNESSETH WHEREAS, the CITY has requested the transfer of SW/SE 1 Street from SW 2 Avenue to SR 5/US- 1/Biscayne Blvd, NW/NE 1 Street from SR 5/US-1/Biscayne Blvd to NW 3 Avenue, NW 3 Avenue from W Flagler Street to NW 8 Street & NW 3 Court from NW 8 Street to W Flagler Street from the CITY Street System to the State of Florida Department of Transportation State Highway System this transfer is mutually agreed upon, between the CITY and the DEPARTMENT, WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 335.0415, Florida Statutes; NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will abide. The commencement of jurisdictional and maintenance responsibilities is the date of the approval of the roadway transfer by the Secretary of the Department of Transportation. (a) The DEPARTMENT accepts all responsibility for the road right-of-way and for operation and maintenance of the roadway, including bridges. In addition to the roadbed, this agreement includes all curbs, culverts, and drainage structures within the right-of-way at the time of transfer. The DEPARTMENT shall be responsible for maintenance of public sidewalks, bike paths, and other ways in the right-of-way (b) The CITY gives up all rights to the road, including the right-of-way, except as may be specified in this Agreement. (c) The DEPARTMENT shall be responsible for maintaining and operating all traffic signals, and lighting systems within the right-of-way. (d) It is agreed that all obligations of the CITY, under any maintenance, utility, or railroad crossing agreement or other such agreement, relating to any specific road to be transferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility. If the agreements were made between the CITY and the DEPARTMENT, and the CITY will no longer be involved after the transfer takes place, new agreements or amended agreements shall be made between the DEPARTMENT and the CITY. These agreements shall be negotiated and signed prior to District Secretary approval of the final Transfer Agreement. Copies of any existing permits, agreements and easements shall be turned over to the receiving entity for their records. (e) If there is evidence of historical or archaeological resources that could be adversely impacted after a transfer, the DEPARTMENT agrees to maintain the resources in accordance with Cultural Resource Management, Coordinator (CRMC) recommendations. If no evidence is found prior to the transfer, the CITY agrees not to adversely affect any such resources if found after the transfer. (f) Existing deeds or right-of-way maps will be recorded by the DEPARTMENT, in the public land records of Miami -Dade in which the rights -of -way are located. If right-of-way maps do not exist, the DEPARTMENT shall make maps and file them for possible future use. If the right-of-way is conveyed by deed, the same shall also be recorded in the public records of Miami -Dade County. (g) The City, by Resolution No. , dated , 20 has authorized the execution of this Agreement, further authorizes the terms and conditions of this Agreement, and directs its officials to comply with all provisions hereunder. (h) To the best of the CITY's knowledge and belief: a. There are no pending actions or claims against the CITY relating to the road segment and the CITY has not received notice in any form of such action or claim or possible action or claim; b. There are no contaminants, pollutants, man-made substances, or toxic or hazardous substances on or in the road segment. All words used herein in the singular form shall extent to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements either verbal or written between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes, the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation District Six 1000 NW 111 Avenue Miami, Florida 33172 Telephone: 305-470-5197 Fax: 305-470-5189 Attn: Gus Pego, P.E. District Secretary City of Miami Office of the City Manager 444 S.W. 2nd Ave Miami, FL 33130-1910 Telephone: 305-416-1025 Fax: 305-416-1019 Attn: Johnny Martinez, P.E. City Manager Each party is an independent contractor and is not an agent of the other party. Nothing contained in the Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY OF MIAMI BY: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Authorized Signature BY: ATTEST: District Secretary Clerk ATTEST: LEGAL REVIEW: Local Legal Counsel LEGAL REVIEW: District Legal Counsel ATTEST: Todd B. Hannon, City Clerk City Clerk By: By: CITY OF MIAMI, a municipal corporation of the State of Florida Johnny Martinez. City Manager Approved for legal form and sufficiency: Julie 0. 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