HomeMy WebLinkAboutMemo-Substitution for RE.7 Roadway TransfersCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and /DATE: June 5, 2013
Members of the City Commission
FROM: Johnny Martinez, .E.
City Manager
SUBJECT: Substitution for RE.7
Roadway Transfers
Please be advised that the Reso on authorizing roadway transfers from the City Street
System to the State of Florida Department of Transportation State Highway System scheduled
for the June 13, 2013 City Commission meeting, has been revised and substituted as follows:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE ROADWAY TRANSFER AGREEMENTS,
IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("DEPARTMENT"), FOR THE TRANSFER OF STATE ROAD 5/US-
1/BRICKELL AVENUE, MIAMI, FLORIDA, FROM THE DEPARTMENT STATE HIGHWAY
SYSTEM TO THE CITY OF MIAMI ("CITY") STREET SYSTEM AND THE TRANSFER OF
SOUTHWEST /SOUTHEAST 1 STREET AND,—NORTHWEST/NORTHEAST 1 STREET,
MIAMI, FLORIDA, FROM THE
CITY'S STREET SYSTEM TO THE DEPARTMENT STATE HIGHWAY SYSTEM, AS STATED
HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER
AGREEMENTS, PERMITS AND ANY OTHER RELEVANT DOCUMENTS THAT MAY BE
REQUIRED TO EFFECTUATE THE TRANSFERS.
WHEREAS, the Florida Department of Transportation ("Department") has completed a
countywide analysis of potential roadway transfers and has identified corridors for possible
transfer between governmental jurisdictions; and
WHEREAS, the City of Miami ("City") desires to assume jurisdictional responsibility for
Brickell Avenue from 1-95 to Southwest 8 Street, Miami, Florida; and
WHEREAS, the Department has determined that it would be beneficial to the State of
Florida to assume jurisdictional responsibility for Southwest/Southeast 1 Street from Southwest
2 Avenue to Biscayne Boulevard, and Northwest/Northeast 1 Street from Biscayne Boulevard to
Northwest 3 Avenue, ,
8 Street to West Flagler Street, Miami, Florida; and
WHEREAS, the CITY will request the transfer of additional streets from the City Street
System to the State of Florida Department of Transportation State Highway System by mutual
agreement, and a subsequent Roadway Transfer Agreement, to be determined by September
30. 2013.
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WHEREAS, the City agrees with the terms and conditions contained in the Agreement,
and these transfers are mutually agreed upon between the City and the Department;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute the Roadway Transfer
Agreement, in substantially the attached form, with the Department, for the transfer of State
Road 5/US-1/Brickell Avenue, Miami, Florida, from State Road 9/1-95 to State Road
90/Southwest 8 Street, Miami, Florida, from the Department State Highway System to the City
Street System.
Section 3. The City Manager is authorized {1} to execute the Roadway Transfer
Agreement, in substantially the attached form, with the Department, for the transfer of
Southwest/Southeast 1 Street from Southwest 2 Avenue, Miami, Florida, to State Road 5/US-
1/Biscayne Boulevard and; Northwest//Northeast 1 Street from State Road 5/US-1/Biscayne
Boulevard to Northwest 3 Avenue,
Pefid-a,-ta44e-Fthbound-E—nt-r-a-nce-Ramp-87-2-7-0-1,z4-fcaFa-NeFthwest-8--Street-a-nd-Nefthwest-a
Miami, Florida, from the City Street
System to the Department State Highway System.
Section 4. The City Manager is further authorized {1} to execute all other agreements,
permits and any other relevant documents that may be required to effectuate the transfers.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
{1} The herein authorization is further 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 provisions.
{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
shall become effective immediately upon override of the veto by the City Commission.
C: Alice Bravo, P.E., Assistant City Manager/Chief of Infrastructure
Nzeribe Ihekwaba, Ph.D., P.E., Director of Public Works
Elvi Gallastegui, Agenda Coordinator
Attachments: Roadway Transfer Agreement
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-1BISCAYNE BLVD,
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, and NW/NE 1 Street from SR 5/US-1/Biscayne Blvd to NW 3 Avenue, NW-3-Avenue
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 CITY will request the transfer of additional streets from the CITY Street System to the
State of Florida Department of Transportation State Highway System by mutual agreement, and a
subsequent Roadway Transfer Agreement, to be determined by September 30, 2013.
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
Authorized Signature TRANSPORTATION
ATTEST: BY:
Clerk District Secretary
LEGAL REVIEW: ATTEST:
Local Legal Counsel LEGAL REVIEW:
District Legal Counsel
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