Loading...
HomeMy WebLinkAboutExhibit 1 (2013-05-23) SUB211i 11(1-fk ')/81--) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. FLORIDA. DEPARTMENT OF 'TRANSPORA.TION & THE CITY OF MAN.; ROADWAY TRANSFER AGR..EEIVIENT SR. 51US-1/BRICKELL AVENUE FROM SR 9/1-95 TO SR 901SW 8 STREET t) ("Loll -see 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 1\41-ANIL hereinafter called the "CITY"; WITNESSETH WHEREAS, the DEPARTMENT has requested the transfer of SR 5/11S-1/Brickell 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, "litHS 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 tinder which the CITY and the DEPARTN1EN'F will abide. The eominencement of jurisdictional and mainienancc 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 DEPARTIVIENT will offer im opportunity for El public hearing stating that the state road ntimber will be reinoved, once the roads are transferred to the CITY, (d) The CITY shall he 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 1)I3,PA.R.1'MENT, under any maintenance, utility, or railroad crossing agreement or other such agreement, relating to any speeifie road to be transferred., shall be -transferred to the. CITY at .the sane time and in the same manner as jurisdictional responsibility. If theagreements were made between the DLI AR !NI LN I and the C .17 Y, and the /o 0 13-00581 Exhibit 1 (2013-05-23) SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 poor 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 (CR,MC) recommendations, If no evidence is found prior to the transfer, the CITY agrees not to adveisely 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 7‘opic Number 850- °65-00 Inspection of Federal -Aid Projects under Local Jurisdiction (State Maintenance Office), (h) Existing deeds or right-of-way inaps will be recorded by the DEPARTMENT, in the public land records of Miami -Dade in which the rights -of -way are ocated If right-of-way maps do not exist, the DEPARTMENT shall make maps and file them for possible future use. If thc right-of-way is conveyed by Quit -Claim Deed, the Sanl C shall also he 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 knowledgeand a, There are no pending actions or claims against the DEPARTMENT relating to the road segment and the DEPARTN4E,NT has not received ,notice in any form of such action or claim or possible action or claim; b, There are no contaminants, pollutants, rnan-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 shalt extend to and include all genders, This :Agreement embodies the v,ihole agreement of the parties. There are no promises, .terms, conditions, or obligations other than those contained herein,: and this Agreement shall supersede all previous conmunications, representations, or agreements either verbal or written between .the parties, hereto.: 'Ellis 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, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Florida Department of Transportation District .Six 1000 NW LI 1 Avenue Miami, Florida 3.3172 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, RE, 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 mated to the intended operation of this Agreement. IN W fl'NESS 'VVIIEREOF, the parties hereto have caused these presents to be executed, the day and year first above written, CITY OF M AM STATE OF FLORIDA DEPARTMENT OF BY: TRANSPORTATION AuthoriZed Signature, Clerk LEGAL REVIEW: Local Legal Counsel 11Y: District Secretary ATTEST: LEGAL REVIEW. District Legal Counsel THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. OF POIAM Fli„.(..).R.IDA, INTER -OFFICE ME MORAN D u m TO: Honorable Mayor and Members of the City Commission FROM: Johnny Martinez, .E. City Manager June 5, 2013 SL)BJECT Substitution or RE,7 Roadway ransfers oemmmiwKMfd9gAi,rrcV.A.NMAYMmMO.K.., Please be advised that the Resolib on authorizing roadway transfers rom the City Street System to the State of Ronda Department of 'Transportation State jghway System scheduled for the June 13, 2013 CityCommission meeting, has been revise and substituted as follows: A RESOLUTION' OF THE MIAMI CITY COMMISSION, WIT ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE ROWAY TRANSFER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH T E FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPARTMENT"), FOR THE TR NSFER OF STATE ROAD 5/US- 1/BRICKELL AVENUE, MIAMI, FLORIDA, FROM TH 'EPARTMENT STATE HIGHWAY SYSTEM TO THE CITY OF MIAMI ("CITY') STRE SYSTEM AND THE TRANSFER OF SOUTHWEST /SOUTHEAST 1 STREETA,N,PrN RTHWEST/NORTHEAST 1 STREET, NO IITHWEST4 AVENUE, AND- NORTHWElIii:4-"iOliiiRl% MIAMI, FLORIDA, FROM THE CITY'S STREET SYSTEM TO THE DEPART' ENT STATE HIGHWAY SYSTEM, AS STATED HEREIN; FURTHER AUTHORIZING THE (it TY MANAGER TO EXECUTE ALL OTHER AGREEMENTS, PERMITS AND ANY OTJ1ER RELEVANT DOCUMENTS THAT MAY BE REQUIRED TO EFFECTUATE THE TR NSFERS. WHEREAS, the Florida Depa- ment of Transportation ("Department") has completed 'a 7 countywide analysis of potential' ro4 way transfers and has identified corridors for possible' transfer between governmental ji isdictions; and WHEREAS, the City o; Miami ("City") desires to assume "jurisdictional responsibility for BrIckell Avenue from I-95 to Southwest 8 Street, rvliarni, Florida; anti VVHERE.AS, the epartrnent has determined that it would be beneficial to the State of Florida to assume juris tional responE.,,ibty for Southwest/Southeast 1 Street from Southwest 2 Avenue to BscaynyI3ouIevardrd Northwest/Northeast 1 Street from Biscayne Boulevard to Northwest 3 Avenue Northwes1-3-Avenue-fru.m.WoM-171iFillior.-Streti„--Mkinni-;--FlouldR-rto-lbe RoFthboulld-kg6-Eir fa ee-Rarri tiNie hd-No rithwee Pr141111:1'N 5?;$ t 8- Stroci WaiWie lef-Strcii et, Miami, Florida; and !..4Y,§19.1111)LID.011101 tn,g9111qtiob,gf acL2„Q.11, ) - f'°(" 7 (?10ad Frarie; r-S THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. WHEREAS, the City agrees with the terms and conditions contained in the Agr and these transfers are mutually agreed upon between the City and the Department'. NOW, THEREFORE, RE IT RESOLVED BY THE COMMISSION OF T}-jg CITY OF FLORIDA Section 1 The recitals and findings contained in the, Preamble to tis Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager Is authorized (1) to execute th Roadway Transfer Agreement, in substantially the attached form, with the Dopartme) t, for the transfer of State Road 5/US-1/Brlckell Avenue, Miami, Florida, from State Roadp/I-95 to State Road 90/Southwest 8 Street, Miami, Florida, from the Department (ate Highway System to the City Street System. Section 3, The City Manager is authorized {1} t execute the Roadway Transfer Agreement, in substantially the attached form, with th9 Department, for the transfer of Southwest/Southeast 1 Street from Southwest 2 Av fitic, Miami„ Florida, to State Road 5/L1S- 1/Biscayne Boulevardmsb Northwest/Northeast j7Street from State Road 5/US-1/Biscayne Boulevard to Northwest 3 Avenue, Northweit row a (;) 01.-Maat •riagfer Straist, Flericla.,-toiNorthb-otind Ent:ranee-Re mpi,87210, "i4froNorithweFA &Street -a Fid-t'lorthweat-3 Coed -from Northwest 8,-Streot-toWest33gto -Street Miami, Florida, from the City Street System to the Department State Highway S stern. Section 4. The City Manager is f liner authorized (1) to execute all other agreements, permits and any other relevant (}0 CUM n ts that may be required to effectuate the transfers. Section 5, This Resolution become effective immediately upon its adoption and signature of the Mayer,(2), (1) The herein authorization is urther subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and Code provision. (2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted, If the mayor vetoes this Resolution, it shalt become effectiv- Immediately upon override of the veto by the City Commission. C. Alice Bravo, Assistant City Manager/Chief of nfrastnicture Nzeribe IhoJiwaba, Ph.D., P.E,, Director of Public Works Elvi GallaF egui, Agenda Coordinator Attar; sfer Agreement THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. fiLOR IDA D EPNR1'M ENT OF TRANSPORAFION & THE CITY 01 1 AM I ROADWAY TRANSPER AGREEMENT SW/SE 1STREET FROM SW 2 AVENUE TO SU 5/0S-1/BISCAYNE ,iN/D, WINE. 1 STREET FROM NW 3 AVENUE 10 Sit 5/111S-1/111SCAYN BI NiiiV,RkkikIENUE-FROM-Vit FL A CibiERSTREEff & OcERRTEROM-VI FLAG fAilt 'EMS AGREEMENT, made and entered into this day of 2013 by and between the EL,ORIDA DEPARTMENT OF 'fRANSPOICIATI(..)N, an ..i.lgency of u State of Honda, hereinatIcr called the "DEPARTMENT", and Crry ()17 M IAN11, hereinafter calk: e WITNESS ET Hi WHEREAS, the CITY has requested the transfer of SW/SE 1 S eet from SW 2 Avenue to SR 5/US- 1/13isonyne Blvd, arict NW/NE Street from SR 5/US- /13isea re Blvd to NW 3 Avenue, NW--3.-A.Neri.iatte 3•Court-liorti 114-Slitica-to-W-Flogler-Strekt-from the CITY Street System to the State of Florida IDepartnnent of' insportation State Highway System this transfer is mutually agreed upon, between the CITY and .ie DEPARTM.ENT, Sir4v,...,.Q1...1„111,thlit,DPonto3&visA1 INNipartglig.R....,5,1AtcAigtonkY....5„y31ollily....qatto,twaggaltoi,„..ontit 1:912,fYutPgtJiDAshYAYjhDfirgr.A.KninP:Ljj,„..ls2b:q.::'(t,A.qo,Din,'AtbYJiqgtgonkq,,,.af1,20L.a. WI lElEAS„ the parties are nuthorized to enter rie this Agreement pursuant to Section 335.0415, Florida Statutes; NOW, T HE R EJF()R E, Tins INDE NT E MTN ESSETII: in consideration of the mutual covenants and promises herein contained; and kir i4ton good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the ;FEY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms 5id condN ions under which the CITY and the DEPARTMENT will abide. The comineneement ol'jursdicUonal and maintenance responsibilities is the date of the approval of the roadway transfer by the Secratary of the Department of Transportation„ (a) The DEPARTMENT av'epts all responsibility for the road right-of-way and for operation and maintenance of the rVadway, including bridges, in addition to the roadbed, this agreement includes ali curbs,, euyerts,, and drainage structures within the riglit-qf-way at the time of transfer. The DEPARTME ' l' shall be responsible for mitinienanee of public sidewalks, bike paths, and other ways in the yight-of-way (b) The CITY give, up all rights to the road, including the right-of-way, except as may be specified in this Agreerr (c) The DEPAR WENT shall be responsible tbr maintaining and operating all traffic signals, and lighting systems within the right-ol-way. 11 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 transfecred, 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 alter the transfer takes place, new agreements or amended agreements shall be made THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 archaeologival resources that could be adversely impact after a transfer, the DEPARTMENT agrees to maintain the resources in accordance with Cult a Resource Management, Coordinator (CRMC) recommendations. If no evidence is found pr' r to the transfer, the CITY agrees net to adversely affect any Such resources if. found after the t Cr. (f) Existing deeds or right-of-way maps will be recorded ,by the DEPARTMENT, intj public land records of Miami -Dade in which the rights -of -way are locanxl. If right-of-way s do not exist, the DEPARTMENT shall make maps and file them for possible future use. If ight-of-way is conveyed by deed, the same shall alsobe recorded in the public records of Mi ni-Dade County. (g) The City, by Resolution No. , dated , 20 has authorized the execution of this Agreement, further authorizes the femis and conditio s of this Agreement, and directs -its officials to comply with all provisions hereunder. (h) To the best ofthe 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 su action or claim or possible action or claim; b. There are nd contaminants, pollutants, n- ade substances, or toxic or hazardous substances on or in the road segment. All word a used herein in the singular form shall extent and include the plural. All words' used in the plural form shall extend to and include the singular. wordsused in any gender shall extend to and include all genders. This A. cement embodies the whole agreement of he parties. There are no promises, terms, conditions, or obligations other than those contained here. , and this Agreement shall supersede all previous communications, representations, or agreements ther verbal or written between the parties hereto. This Agreement shall be governed by and con rued in accordance witb the laws of the State of Florida, For communication purposes, the parties rna be reaehed 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 Pep, P.E. District Secretary City of Miami - °Mee of the City Manager 444 S,W, 2nd Ave Miarrii, FL 33130-1910 Telephone: 305-416-1025 Fax: 305-416-1019 Attn: Johnny Martinez, P.E. City Manager THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 atler the performance of this Agreement. Neither party shall have the authority to bind the other p• ty to any obligation whatsoever to any third party without the express specific written consent of the o er, No modification, amendment, or alteration in the terms or conditions contained here hall be effective unless contained in a written document executed with the same formality and of equa dignity herewith, If any part of the Agreement shall be determined to be invalid or unenforccabl by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction t make such determination, the remainder of this Agreement shall remain in full force and etTect ovided that the part of this Agreement thus invalidated or declared unenforceable is not material t the intended operation of this Agreement, IN wrrNEss WHEREOF, the parties hereto have cnused th first above written. CITY OF MIAMI s to be executed the day and year BY: STATE OF FLORIDA DEPARTMENT OF, Authorized Signature TRANSPORTATION AI IES—; BY: District Secretary LEGAL 'VIEW: ATTEST: Local Legal Counsel LEGAL REVIEW: District Legal Counsel THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OFT IS DOCUMENT. $ IMTNVIAre *__. a'WHOM ,w G 1 wme SUBSTITUTED FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY 01' MIAMI ROADWAY TRANSFER AGREEMENT' SR 5/US-1/BRICKELL AVENUE FROM SR 9/1-95 TO SR 90/SW 8 STREET THIS AGREEMENT, made and entered into this day of 2013 by a , between the. FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of E, rid,a, hereinafter called the "DEPARTMENT", and CITY OF MIAMI hereinafter called the "CITY"; WITN.ESSETH WHEREAS, the DEPARTMENT has requested the transfer of SR 5/US-I/Bri4ell Avenue from SR 9/1- 95 to SR 90/SW 8 Street from the State of Florida Department of Transport4 on State Highway System to the CITY Street System and this transfer is mutually agreed upon, betw,61 the CITY and the DEPARTMENT, WHEREAS, the parties, are ,authorized to enter into this Agreement pqrsuant to Section 3350415, Florida Statutes; NOW, TH.EREFORE, THIS INDENTURE WITNESSETW consideration of the mutual covenants and promises herein contained, and for other good and vain' consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and the DEP RTMENT agree as set forth below: This Agreement sets forth the terms and conditions unt'. or which the CITY and the DEPARTMENT will abide The commencement of jurisdictional and maivntenance responsibilities is the date of the approval of the roadway transfer by the Secretary of the De ailment of Transportatim (a) The CITY accepts all responsibility fo 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 Inn the right-of-way at the time of transfer. The CITY shall be responsibl for maintenance of public sidewalks, bike paths, and other ways in the right-of-way (b) The DEPARTMENT g7es up all rights to the road, including the right-of-way, except as may be specified in this Agrettnent. (c) 'The DEPARTIVI T will offer an opportunity for a public hearing stating that the state road number will b 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 ithin the right-of-way. (e It is agreed that all obligations of the DEPARTMENT, under any maintenance, utility, or railroad /cmssing agreement or other such agreement, relating to any specific road to be transferred, shall c transferred to the Cill'Y 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 SUBSTITUTED DEPARTMENT will no longer he involved after the transfer takes place, new agreemen s or amended agreements shall be made between the DEPARTMENT and the CITY, /These agreements shall he negotiated and ,signed prior to District Secretary approval of/the final Transfer Agreement, Copies of any existing permits, agreements and easements shjdl be turned over to the receiving entity for their records. (f) If there is evidence of historical or archaeological resources that could beidversely impacted after a transfer, the CITY agrees to maintain the resources in accordance 7iih Cultural Resource Management, Coordinator (CRMC) recommendations. If no evidcncie is found prior to the transfer, the CITY agrees not to adversely affect any such resources if f,cund after the transfer. (g) When Federal -Aid funding has been used on a road to be transfer41, the local government entity shall enter into a project agreement with the Department in aec&dance with Topic Number 850- °65-00 , Inspection of Federal -Aid Projects under Local Rai •tion (State Maintenance Office). (h) Existing deeds or right-of-way maps will be recorded bythe 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 thenyfor possible future use. If the right-of-way is conveyed by Quit -Claim Deed, the same shall al6/o 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 ant lorizes the terms and conditions of this Agreement, and directs its officials to comply with allIrovisions hereunder, (j) lo the best of the DEPARTMET's knowledge and belief: There are no pending dctions or claims against the DEPARTMENT relating to the road segment and the D ARTMENT has not received notice in any form of such action or claim or possible ction or claim', b. There are no yontaminants, pollutants, man-made substances, or toxic or hazardous substances oi or in the road segment. All words used herei in the singular form, shall extent to and include the plural, All words used in the plural form shall e end to and include the singular, All words used in any gender shall extend to and include all gende s. This AgreeiTnt embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligats other than those contained herein, and this Agreement shall supersede all previous, cornmuijiations, representations, or agreements either verbal or written between the parties hereto, Thi Agreement shall be governed by and construed in accordance with the laws of the State of Florida. nication purposes, the parties ma.y be reached at the following addresses and phone numbers. SUBSTITUTED Florida Department of Transportation District Six 1000 NW 1 1 1 Avenue Miami, Florida 33172 Telephone: 305-470-5197 Fax: 305-470-5189 Attn: Gus Fego, F.E. District Secretary City of Miami Office of the City Manager 444 S.W. 2nd Ave Miami, Ft 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, ling contained in the Agreement shall be construed to create any fiduciary relationship between th arties, during or after the performance of this Agreement. Neither party shall have the authority t ind the other party to any obligation whatsoever to any third party without the express specific writt-i consent of the other, No modification, amendment, or alteration in the terms or conditions ontaincd herein shall he effective unless contained in a written document executed with the same fort) ity and of equal dignity herewith. If any part of the Agreement shall be determined to be invalid r unenforceable by a court of competent jurisdiction or by any other legally constituted body having e jurisdiction to make such determination, the remainder of this Agreement shall remain in full fop& 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 ,aused these presents to be executed, the day and year first above written, CITY OF MlAM BY: Authorized Signature ATTEST: LEGAL REV E al Legal Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: District Secretary ATTEST: LEGAL REVIEW: District Legal Counsel SUBSTATUTED FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI ROADWAY TRANSFER AGREEMENT SW/SE 1 STREET FROM SW 2 AVENUE TO SR 5/US-1 /BISCAYNE BLVD, NW/NE 1 STREET FROM NW 3 AVENUE TO SR 5/US-1/E3ISCAYNE BLVD, NW 3 AVENUE FROM W FLAGLER STREET TO NW 8 STREET & NW 3 COURT FROM W FLAGLER STREET TO NW 8 STREET THIS AGREEMEN r, made and entered into this day of , 2013 by 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"; WIINESSETII WHEREAS, the CITY has requested the transfer of SW/SE I 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 7, venue, NW 3 Avenue from W Hagler Street to NW 8 Street & NW 3 Court from NW 8 Street to W F1. gler Street from the CITY Street System to the State of Florida Department of Transportation Stat -/Highway System this transfer is mutually agreed upon, between the CITY and the DEPARTMENT, \VHEREAS, the parties are authorized to enter into this Agreemen pursuant to Section 3350415, Florida Statutes; NOW, THEREFORE, THIS INDENTURE WITNESSE/1H: 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/nder which the CITY and the DEPARTMENT will abide, commencement of jurisdictional and Tnaintenance responsibilities is the date of the approval of the roadway transfer by the Secretary of the D6partment of Transportation. (a) The DEPARTMENT accepts all re onsibility for the road right-of-way and for operation and maintenance of the roadway, ipfuding bridges. In addition to the roadbed, this agreement includes all curbs, culverts, and irainage structures within the right-of-way at the time of transfer, The DEPARTMENT shall other ways in the right -of- a.' responsible for maintenance of public sidewalks, bike paths, and (b) "[he CITY gives up al,1 rights to the road, including the right-of-way, except as may be specified in this Agi cement, / (c) The DEPART ENT shall be responsible for maintaining and operating all traffic signals, and lighting systei s within the right-of-way, (d) It is agree . that all obligations of the CITY, under any maintenance, utility, or railroad crossing agreemeif or other such agreement, relating to any specific road to be transferred, shall be 1/ m transfe red at the sae timemm and in the same manner as jurisdictional responsibility. If the agre;t(ents 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 6tweert 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. SUBSTITUTED (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 w th 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 DEPARTME T, in the public land records of Miami -Dade in which the rights -of -way are located. If right-o way maps do not exist, the DEPARTMENT shall make maps and file them for possible future se, If the right-of-way is conveyed by deed, the same shall also bc recorded in the public recor , of Miami -Dade County. (g) The City, by Resolution No. , dated , 20 has authorized the execution of this Agreement, further authorizes the terms and gmditions 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 agJ,rtt the CITY relating to the road segment and the C]TY has not received notice in any fonn of such action or claim or possible action or claim; b. There are no contaminants, polltm ts, man-made substances, or toxic or hazardous substances on or in the road segm,r t. Al] words used herein in the singular form 01101 extent to and include the plural, All words used in the plural form shall extend to and include th /singular. All words used in any gender shall extend to and. include all genders., This Agreement embodies the whole greement of the parties. There are no promises, terms, conditions, or obligations other than those c ntained herein,and this .Agreement shall supersede all previous communications, representations, r, agreements either verbal or written between the parties hereto. This Agreement shall he goveoc1 by and construed in accordance with the laws of the State of Florida. / For communication purpcy the, parties may be reachedat the following addresses and phone numbers, Florida Department of ;Iransportation District Six // 1000 NW 111 Avei Miami, Florida 172 Telephone: 305, 470-5197 Fax: 305-470 . 89 Attn: Gus Plego, P.E. District S (cretary City of Miami Office of the City Manager 444 S.W. 2nd Ave Miami, F1., 33130-1910 Telephone: 305-416-1025 Fax: 305-416-1019 Attn: Johnny Martinez, P.E. City Manager EachA arty is an independent contractor and is not an agent of the other party. Nothing contained in the A :etnent shall be construed to create any fiduciary relationship between the parties, during or after the rformanee 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, SUBSTITUTED No modification, amendment,. or alteration in the terms: or conditions: contained herein. shall be effe4tive unless contained in a written document executed with the sane formality and of equal dignity here If any part of the .Agreement shall be determined to be invalid or unenforceable by a court ?competent jurisdiction or by any other legally constituted body having, the jurisdiction to make such letermination„ the remainder of this Agreement shall remain in .full force and effect provided .tha: the part of this Agreement thusinvalidated or cleclared unenforceable is not material to the intend operation of this .Agreement. 'WITNESS WHEREOF, the parties hereto have caused these. presents/ be executed, the day and year first above writtem CITY OF MIAMI BY: STATE OF FLORIDA DEPARTMENT OF TR.,:NSPORTATION Authorized Signature / BY: ATTEST: Clerk LEGAL REVIEW: Local Legal Counse District Secreta ATTEST: LEGAL 'N/ E . : District Legal Counsel ATTEST: Todd B. Hannon, City Clerk City By: SU STITUTED CITY OF IA h II, a rrrunicipai corporation of the Stated fF`Iorida J Ohio City ,Jvlanager pproved for legal sufficiency;. arrn and Jurl,ie O. Bru, City Attorney ititlpfy401C-VN e+ __ _F r __ ,wSINAI 3m TTTAT >_^ f / ,.#&\AL MIMSE:#P S� �� � f ■ .