Loading...
HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hann r , City Clerk FROM: Victoria = de�, City Attorney DATE: November 1 + 017 RE: Resolutio►, .. 13-0219 — Roadway Transfer Agreement with Florida Departm-nt of Transportation. File No. 13-00581 At the June 13, 2013 meeting, the City Commission considered Agenda Item RE.7 requesting authorization for the City Manager to execute a roadway Transfer Agreement with the Florida Department of Transportation ("FDOT"). The legislation, as included in the published agenda, requested authorization to transfer State Road 5/US-1/Brickell Avenue from the FDOT State highway System to the City of Miami, Florida ("City") and to transfer Southwest/Southeast 1 Street, Northwest/Northeast 1 Street, Northwest 3 Avenue, and Northwest 3 Court, Miami, Florida from the City's street system to the FDOT State Highway System. Both agreements accomplishing the recipricol transfer were included as one Exhibit. (See Exhibit Prior to the June 13, 2013 City Commission meeting, a Substitution of the item was distributed by the City Administration removing from consideration the transfer of Northwest 3 Avenue and Northwest 3 Court from the City's street system to the FDOT State Highway System. (See Exhibit `B"). During the presentation of RE.7, the Director of Public Works requested a further amendment to RE.7 requesting the removal from consideration of the transfer of Northwest/Northeast 1 Street and Southwest/Southeast 1 Street, Miami, Florida from the City's street system to the FDOT State Highway System. Thereafter, the remaining transfer request was for the tranffer of State Road 5/US- I /Brickell Avenue from State Road 9/Interstate 95 to State Road 90/Southwest 8 Street from the FDOT State Highway System to the City. The corrected Legislation has been incremented to version 3 in Legistar. (See Exhibit "C"). The Exhibit has been corrected and named "13-00581 Exhibit 1 (2013-05-23) SUB." (See Exhibit "D"). VIVf /vj a En sure(s) 3- 0Os2 1- Sz rwits' e-02,0e n'1o,,,,° Exhibit A Roadway Transfer Agreements as Published in the June 13, 2013 Agenda FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI ROADWAY TRANSFER AGREEMENT SR 5rUS-1IBRICKELL AVENUE FROM SR 91I-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 51US-1/13rickell Avenue from SR 911- 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 alI 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- 6E5-001, 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 5PUN-1IBISCAYNE 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- I/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 ail 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 shalt 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 Q. Bru, City Attorney IJJJUJ]ThUJ]tfir] LEGEND TRANSFER FROM FOOT TO CITY S* OMPER FFOM GYT TO FOOT = STATE ROADS SINES T tIEPNORK PARRS ALRPDR TS ▪ INTERSTATE HIGHYIAT SHIELD NS IMANAY SNIELO ▪ Sreat MCHWAT SWIM TOIL new) SMELO WTERMODAL SYSTEMS DEVELOPMENT OFFICE FOOT O15TRICT $ Exhibit B City Manager's Substitution Memorandum Dated June 5, 2013 CITY OF MiAfvtt, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Johnny Martinez, City Manager DATE: June 5, 2013 SUBJECT: Substitution for RE.7 Roadway Transfers Please be advised that the ResolUfion 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 SIUS- 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, NORTHW ST 3-AVENU€AND-NOR-HW€-ST. COURT, 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 8rickell Avenue from I-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, Northwest Avant}e--tr +m-West-Ftac,�ler Str t—Nt4ar is-F1a♦alda—to--the 1-10444ai + d-1-9-5-€€ tran afip-em rt iwe-st-8- t;eet and -N rthwest-3--Courtm-Nfweet 8-Stfeet to Wes--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 Tranportation State Highway System by mutual agreement, and a subsequent Roadway Transfer Agreement, to be determined by September 30, 2013. «-066-g1 ` for I'1 7 14oad viaVj llri'[4r?S C'f 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, N,.t„wwest--3-Aveewe-ffe -Westtag-ter-Street; Miami, Plena v-tAlerti ouad-Entr-arcc t mp-87-2-70-1-74€rem--Northwest SStre --Ne thwest-3 Ceurt-from--Ne krwest B-Buse#-to-West-F-lagler treef, 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 shalt 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 Gaiiastegui, Agenda Coordinator Attachments: Roadway Transfer Agreement FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI ROADWAY TRANSFER AGREEMENT SW/SE t STREET FROM SW 2 AVENUE TO SR 5/US-1/BISCAYNE BLVD, NW/NE 1 STREET FROM NW 3 AVENUE TO SR 5/US-I/B1SCAVNE BLVD, :Nib' 3-CO -1+7i•ILMO 4-W-14.AG1 s1 RF-sT---Tf1`-NNW-8 STREET THIS AGREEMENT, made and entered into this day or , 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"; WITNESSETII WHEREAS, the CITY has requested the transfer of SW/SE I 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, N-W-3-Averme from -i -trt t-tfl-rN-W-i -St et -&fit- =3- ou -bons NW 8- t-too W F r-&treei 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 WITNESSETII: 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 he 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 he specified in this Agreement, (e) 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, shalt 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 anti 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 neaps do not exist, the DEPARTMENT shall make maps and tile them fin- possible future use. If the right-of-way is conveyed by deed, the same shall also he recorded in the public records of Miarni-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, roan -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 arc 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 purposcs, the parties may he reached at the following addresses and phone numbers. Florida Department of Transportation District Six 1000 NW 1 1 l Avenue Miami, Florida 33172 Telephone: 305-470-5197 Fax: 305-470-5189 Attn: Gus Pego, Y.E. District Secretary City or 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 Bach party is an independent contractor and is not an agent oldie other party. Nothing contained in the Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance or this Agreement. Neither party shall have the authority to hind the other party to any obligation whatsoever to any third party without the express spcc.if"ac written consent or 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 13Y: STATE OF FLORIDA DEPARTMENT OF Authorized Signature TRANSPORTA`IION ATTEST: BY: Clerk District Secretary LEGAL REVIEW: ATTEST: Local Legal Counsel LEGAL REVIEW: District Legs} Counsel PiJJYJ�J JJ±JJJ±J EEG,NO .. TAnKFfA TROY F 1O7 TOGTT MESE TRANSTEN FROMOIS TO FOOT STATE RoAOS STREET NETW)Sk vsSN3 .uRFORTS VRERNTATE RAM(;TsELO 0 RS~MAY STOW/ STATESIOSWAT ST(CLE TOIL SOAO SITIELO INTEEMODAT SYSTEMS 1JEVEtOPMEMT i 10E FOCI CIS;Rri Jib 11�1�J�1 a Exhibit C Legislation, as Adopted With Modifications LI(\ t1/.. Fr * 1e4114 144111 11>r14 0 s t City of Miami Legislation Resolution: R-13-0219 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00581 Final Action Date: 6/13/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY TRANSFER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, 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; 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 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; and 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 further authorized {1} to execute all other agreements, permits and any other relevant documents that may be required to effectuate the transfer. City of tlitrnri Page 1 of-2 File Id: 13-00581 (Version: 3) Printed On: 11/13/2017 File Number.: 13-00581 Enactment ;Vumber: R-13-01.19 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {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. City of 411wni Page 2 of 2 d•ile Id: 13-00581 (Version: 3) Printed On: 11/13/2017 Exhibit D Corrected Exhibit to the Modified Legisation "13-00581 Exhibit 1 (2013-05-23) SUB" 5a.105 1l 1lf FLORIDA DEPARTMENT OF TRANSPOORATION & THE CITY OF MIAMI ROADWAY TRANSFER AGREEMENT SR S/US-IfBRICKELL 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 CITYY OF MIAMI, hereinafter called the "CITY"; WITNESSETH WHEREAS, the DEPARTMENT has requested the transfer of SR 5/US-1 Il3rickell 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 335.04 / 5, 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 tile p3(z- 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 Agreetnent. 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-CIaim 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 hest 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 purppses, 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 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO, Honorable Mayor and Members of the City Commission FROM: Johnny Martinez, City Manager MATE: June 5, 2013 SUBJECT; Substitution or RE.7 Roadway ransfers Pease be advised that the Reso on authorizing roadway transfers rom the City Street System to the State of Florida Department of Transportation State tghway System scheduled for the June 13, 2013 City Commission meeting, has been revis-. and substituted as follows: A RESOLUTION OF THE MIAMI CITY COMMISSION, W lT ' TTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE RO r►WAY TRANSFER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH Tf E FLORIDA DEPARTMENT OF TRANSPORTATION ("DEPARTMENT"), FOR THE TR + SEER OF STATE ROAD 5/US- 1/BRICKELL AVENUE, MIAMI, FLORIDA, FROM TH : DEPARTMENT STATE HIGHWAY SYSTEM TO THE CITY OF MIAMI ('CITY") STRE SYSTEM AND THE TRANSFER OF SOUTHWEST /SOUTHEAST 1 STREET_ Nj NRTHWEST/NOR`! HEAST 1 STREET, NO THWE-ST- -, 'VI (UE-AND-AI R=f-ME T-,• `.OUR"1=, MIAMI, FLORIDA, FROM THE CITY'S STREET SYSTEM TO THE DEPARTt ENT STATE HIGHWAY SYSTEM, AS STATED HEREIN; FURTHER AUTHORIZING THE Y MANAGER TO EXECUTE ALL OTHER AGREEMENTS, PERMITS AND ANY OT ER RELEVANT DOCUMENTS THAT MAY BE REQUIRED TO EFFECTUATE THE T NSFERS. WHEREAS, the Florida Dep ment of Transportation ("Department") has completed a countywide analysis of potential ro way transfers and has identified corridors far possible transfer between governmental jt. >sdlctions; and WHEREAS, the City a Miami ("City") desires to assume jurisdictional responsibility for Brlckell Avenue from 1-95 to outhwest 8 Street, Miami, Florida; and WHEREAS, the pertinent has determined that it would be beneficial to the State of Florida to assume juris• ctional responsibility for Southwest/Southeast 1 Street from Southwest 2 Avenue to Biscayne=oulevard, pall, Northwest/Northeast 1 Street from Biscayne Boulevard to Northwest 3 Avenue NeFthwe st--3--avenue-f e k t ier- ►fxe ;f;--i+ i a r i4leridarta-the Fla t=thbqunr#-i-f3,b3-F r3tl lEaFnp-trrFP,Nur-t# west 4-Street-and-No r-thweat r3-G+iaft-fr -No-FAfi e-st 8-Street-to-Wes Iaglo :Street, Miami, Florida; and wHE.131 . A the CITY will reuutst the trpnsfarpf ad tjitionat str ,ete from the City treet System io th;< State ref F1 ridjn .Depar Tn nt of Trer portption Stag Highway Sytttertr try r�� >Ltu l agreement - rid a subsequent Roadway Trartifer Agreement, to bo determined by Segt'ernber 2011 OQ,h"V -- 1e ►'+ 0 — �1� r i�v e r1 h -Car- E 7 (40ad � tj esfe rS WHEREAS, the City agrees with the terrns and conditions contained in the Agr-ement, and these transfers are mutually agreed upon between the City and the Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THCiTY OF MIAMI, FLORIDA. Section 1. The recitals and findings contained in the Preamble to is 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 Departmer t, for the transfer of State Road 5/US-1/Brickell Avenue, Miami, Florida, from State Road /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 th- Department, for the transfer of Southwest/Southeast 1 Street from Southwest 2 Av ue, Miami, Florida, to State Road 5/LfS- 11Biscayne Boulevard Northwest/Northeast Street from State Road 51LJS-11Blscayne Boulevard to Northwest 3 Avenue, Wort we t mane-frelriAN-eat-1 iegfer-1.tr t,-ivli trni; Pl-bw-ir- a-to•Northbotin 1€:nti4r tee-Rantp 4J', ` + froc a44erthwe et-8-Street-Nerthwee4-3 Gloom -freer •Mort west 8- heat teWegt-Pfagtreat, Miami, Florida, from the City Street System to the Department State Highway S stem. Section 4. The City Manager is f rifler authorized {1 } to execute all other agreements, permits and any other relevant docum:nts that may be required to effectuate the transfers. Section 5, This Resolution all become effective immediately upon its adoption and signature of the Mayor.{2} {1) The herein authorization is urther subject to compliance with al! 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 natsign 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 effectiv Immediately upon override of the veto by the City Commission.. C: Alice Bravo, .E., Assistant City Manager/Chief of Infrastructure Nzeribe the waba, PhD., P.E., Director of Public Works Elvi Galla egui, Agenda Coordinator Attachment Roadway Transfer Agreement FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF ROADWAY TRANSFER AGREEMENT SW/SE 1 STREET FROM SW 2 AVENUE SR SfUS-11R1SCAYNE 1 VD, NW/NE 1 STREET FROM NW 3 AVENUE TO SR SIUS-1f131SCAYN LVD, i W'vl- . GEt' 1 Er-FROMA1-1~1.5tki: IAR-Slr-RgET •NW- !, 3 - r+ W.0_C+01 1-VROM-W ,ELA LER-S'I=1 E&T-T-O••i - f ; rT THIS AGREEMENT, made and entered into this day of , 2013 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of e Slate of Florida, hereinafter called the "DEPARTMENT", and CITY OF MIAMI, hereinafter caller e "CITY"; WITNESSETH WHEREAS, the CITY has requested the transfer of SW/SE t S eet from SW 2 Avenue to SR 5/US- I/Biscayne Blvd, .dace NW/NE I Street from SR 51US-1/I3isca,•ne Blvd to NW 3 Avenue, 14N.V 3 Awntte thin-W- Flagle.r-gifeet•t Y`NAL- reef-&-44V-34lotiYt-from-8-SSt 'to- I•'1i3' `ler-Si o t-from the CITY Street System to the State of Florida Department of 'ransportatinn State Highway System this transfer is mutually agreed upon, between the CITY and e DEPARTMENT, W j lz AS, thg cII1'will r_,_muexi the beet ter prof ritinnEitstrt;as�from the CITY Str 13 P,toRt5-t thy: Sttttq sf Florida D at•tturtlt, ii 'rransportatior. tL' -13ttliwftykajAm by -mutual ag-eetner3t, and subsequent RttrJwev Transfgr A' inenta to he d tcrininc41:..T y ?i q-.30, 2,17 13. WI-IEREAS, the parties are authorized to enter no this Agreement pursuant to Section 335.0415, Florida Statutes; NOW, TiiERE,I?OR.E, THIS INDENTI_i E WITNESSETIE in consideration of the mutual covenants and promises herein contained, and for ' her good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the "ITY and the DEPARTMENT agree as set forth below: `Phis Agreement sets forth the terms nd conditions under which the CITY and the DEPARTMENT will abide, The commencement of juris+ictional and maintenance responsibilities is the date of the approval of the roadway transfer by the Seer tary of the Department of Transportation. (a) The DEPARTMENT a epts all responsibility for the road right-of-way and for operation and maintenance of the r. idway, including bridges, In addition to the roadbed, this agreement includes all curbs, cui erts, and drainage structures within the right-of-way at the time of transfer. The DEPARTMEI` shall be responsible for maintenance of public sidewalks, bike paths, and other ways in the ighl-of-way (b) The CITY give up all rights to the road,, including the right-of-way, except as may be specified in this Agre .. nt. (c) The DEPA.R(IMENT 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 lime 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 impact after a transfer, the DEPARTMENT agrees to •maintain the resources in accordance with Culal Resource Management, Coordinator (CRMC) recommendations. If no evidence is found p ' r to the transfer; the CITY agrees not to adversely affect any such resources if found after the tt nsfer. (f) Existing deeds or right-of-way maps will be recorded,by the DEPARTMENT, in .t public and records of Miami -Dade in which the rights -of -way are located. If right-of-way fs do not exist, the DEPARTMENT shall make maps and file them for possible future use. If t e right-of-way is conveyed by deed, the same shall also be recorded in the public records of Mir i-Dade County, (g) The City, by Resolution No. , dated , 20 has authorized the execution of this -Agreement, further authorizes the terns and conditio s of this Agreement, and directs its officials to comply with all provisions hereunder. (h) To the best of the CJTY's'knowledge and belief: a. There are no pending actions or claims against the C Y relating to the road segment ent and the CITY has not received notice in any form of su . action or claim or possible action or claim; b. There are no' contaminants, pollutants, •man- de substances, or toxic or hazardous substances on or in the road segment. All words .used herein in the singular form shall •extent .tU and include the plural. All words' used in the plural form shall extend to and include the singular. words used in any gender shall extend to and include all genders. . This Agreement embodies the whole agreement ❑Bile 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 titer verbal or written between the parties hereto. This Agreement shall be governed'by and co rued in accordance.with the laws of the State of Florida. For communication purposes, the parties rn= be reachedat the following addresses and phone numbers. Florida Department• of Transportation District Six 1000 NW 1 l 1 Avenue Miami, Florida 33172 Telephone: 305-470-5.197 Fax: 305-470-518 9 Attn: Gus Pego, P.E. District Secretary City of Miami Office of the City Manager 444 S, W. 2nd Ave Miami, FI,'33130-1910 Telephone: 305.-43 6-1025 Fax: 305-41 b-10,19 . 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 Ater 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 herein hall be effective unless contained in a written document executed with the.same formality and ofeyua dignity herewith, If any part of the Agreement shall be determined to be invalid or unenforceable ay a court of competent jurisdiction or by any other legally constituted body having the jurisdiction t6 make such determination, the remainder of this Agreement shall remain in full force and effect ovided that the part of this Agreement thus invalidated or declared unenforceable is not material t the intended operation of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused the t 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 lapt 3e a3 aA aa� tiral I RAk5FM RMOY FDOT TO CCTV Taw TRAMPER FTKWCITV TT) FFOT Fpnf 'PATE NWOa 1.'.17,4 /NIVAib INTi11347E1F61010, Man nj y9N131A4AY11/1[l0 3 TATESUGIh4Axald(L.p Lii ICU AOxi1610FLA k�TEB!�1f�II 1 3YbifM& i1EU1.IIJP i UiU Q. SUBSTITUTED FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI ROADWAY TRANSFER AGREEMENT SR 5/US-1/BRiCKELL AVENUE FROM SR 91I-95 TO SR 90/SW 8 STREET THIS AGREEMENT, made and entered into this day of , 2013 by a. i between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of F .rida, hereinafter called the "DEPARTMENT", and CITY OF MIAMI, hereinafter called the "CITY"; WITNESSETH WHEREAS, the DEPARTMENT has requested the transfer of SR 5/US-1/Brell Avenue from SR 9/1- 95 to SR 90/SW 8 Street from the State of Florida Department of Transporta on State Highway System to the CITY Street System and this transfer is mutually agreed upon, betw `n the CITY and the DEPARTMENT, WHEREAS, the parties are authorized to enter into this Agreement p•rsuant to Section 335.0415, Florida Statutes; NOW, THEREFORE, THIS INDENTURE WITNESSET in consideration of the mutual covenants and promises herein contained, and for other good and vale .le 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 u er 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 De.. rtment of Transportation. (a) The CITY accepts all responsibility f.. the road right-of-way and for operation and maintenance of the roadway, including bridges. addition to the roadbed, this agreement includes all curbs, culverts, and drainage structures hin 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 _' es up all rights to the road, including the right-of-way, except as may be specified in this Agr ment. (c) The DEPARTM T will offer an opportunity for a public hearing stating that the state road number will b-' emoved, 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 . greed that all obligations of the DEPARTMENT, under any maintenance, utility, or railroad cr.ssing agreement or other such agreement, relating to any specific road to be transferred, shall e 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 SUBSTITUTED DEPARTMENT will no longer be involved after the transfer takes place, new agreeme s 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 sh. i be turned over to the receiving entity for their records. (f) If there is evidence of historical or archaeological resources that could be .dverseiy impacted after a transfer, the CITY agrees to maintain the resources in accordance th Cultural Resource Management, Coordinator (CRMC) recommendations. If no evidencis 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 transfe d, the local government entity shall enter into a project agreement with the Department in ac rdance with Topic Number 850- 065-001, Inspection of Federal -Aid Projects under Local Juri • iction (State Maintenance Office). (h) Existing deeds or right-of-way maps will be recorded b 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 snaps and file the or possible future use. If the right-of-way is conveyed by Quit -Claim Deed, the same shall a :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 a prizes the terms and conditions of this Agreement, and directs its officials to comply with all .rovisions hereunder. (j) To the best of the DEPARTME 's knowledge and belief: a. There are no pending .ctions 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 . tion or claim; b. There are no ontaminants, pollutants, man-made substances, or toxic or hazardous substances o 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 This Agrees - nt embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligat'+ns other than those contained herein, and this Agreement shall supersede ail previous comrnu cations, 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. or communication purposes, the parties may be reached at the following addresses and phone numbers. SUBSTITUTED Florida Department of Transportation District Six 1000 NW 111 Avenue Miami, Florida 33172 Telephone: 305-470-5197 Fax: 305-470-5189 Attn :Gus P e go, 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. othing contained in the Agreement shall be construed to create any fiduciary relationship between th- parties, 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- consent of the other, No modification, amendment, or alteration in the terms or conditions ontaincd herein shall be effective unless contained in a written document executed with the same fo : 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 fo e and effect provided that the part of this Agreement thus invalidated or declared unenforceable i not material to the intended operation of this Agreement. IN WITNESS WHEREOF, the parties hereto have first above written. CITY OF MIAMI used these presents to be executed, the day and year STATE OF FLORIDA DEPARTMENT OF BY: TRANSPORTATION Authorized Signature ATTEST: Cler LEGAL RE W: Lo al Legal Counsel BY: District Secretary ATTEST: LEGAL REVIEW: District Legal Counsel SUBSTITUTED FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI ROADWAY TRANSFER AGREEMENT SW/SE I'STREET FROM SW 2 AVENUE TO SR 51US-1BISCAYNE BLVD, NW/NE 1 STREET FROM NW 3 AVENUE TO SR 5IUS-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 FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of called the "DEPARTMENT", and CITY OF MIAMI, hereinafter called the "CITY"; WITNESSETH d between the orida, hereinafter WHEREAS, the CITY has requested the transfer of SW/SE 1 Street from SW Avenue to SR 5/US- 1/Biscayne Blvd, NW/NE 1 Street from SR 5/US-1/Biscayne BIvd to NW 3 ' venue, NW 3 Avenue from W Flagler Street to NW 8 Street & NW 3 Court from NW 8 Street to W F . glee Street from the CITY Street System to the State of Florida Department of Transportation Stat ghway System this transfer is mutually agreed upon, between the CITY and the DEPARTMENT, WHEREAS, the parties are authorized to enter into this Agreeme pursuant to Section 335,0415, Florida Statutes; NOW, THEREFORE, THIS INDENTURE WITNESSE "H: in consideration of the mutual covenants and promises herein contained, and for other good and v uabie consideration, the receipt and adequacy of which are hereby acknowledged, the CITY and the DPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions nder which the CITY and the DEPARTMENT will abide. The commencement of jurisdictional and aintenance responsibilities is the date of the approval of the roadway transfer by the Secretary of the R partment of Transportation. (a) The DEPARTMENT accepts all re .onsibility for the road right-of-way and for operation and maintenance of the roadway, in' uding bridges. In addition to the roadbed, this agreement includes all curbs, culverts, and ainage structures within the right-of-way at the time of transfer. The DEPARTMENT shall other ways in the right-of- (b) The CITY gives up al in this Agreement. (c) The DEPART Lighting syste (d) e responsible for maintenance of public sidewalks, bike paths, and ay is to the road, including the right-of-way, except as may be specified NT shalt be responsible for maintaining and operating all traffic signals, and within the right-of-way. that all obligations of the CITY, under any maintenance, utility, or railroad crossing or other such agreement, relating to any specific road to be transferred, shall be red at the same time and in the same manner as jurisdictional responsibility. If the ents were made between the CITY and the DEPARTMENT, and the CITY will no longer nvolved after the transfer takes place, new agreements or amended agreements shall be made tween 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. It is agree agreeme trans: agre be 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 th Cultural Resource Management, Coordinator (CRMC) recommendations. If no evidence is .'ound prior to the transfer, the CITY agrees not to adversely affect any such resources if found a er the transfer. (f) Existing deeds or right-of-way maps will be recorded by the DEPARTME in the public land records of Miami -Dade in which the rights -of -way are located. If right-o ay 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 be recorded in the public recurof Miami -Dade County. (g) The City, by Resolution No. , dated , / 0 , has authorized the execution of this Agreement, further authorizes the terms and onditions 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 agai st the CITY relating to the road segment and the CITY has not received notice in any farm of such action or claim or possible action or claim; b. There are no contaminants, poliutts, man-made substances, or toxic or hazardous substances on or in the road segme All words used herein in the singular form all extent to and include the plural. All words used in the plural form shall extend to and include th:. singular. Ail 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 c.ntaincd herein, and this Agreement shall supersede all previous communications, representations, +r agreements either verbal or written between the parties hereto. This Agreement shall be gave ed by and construed in accordance with the laws of the State of Florida. For communication purpo s, the parties may be reached at the following addresses and phone numbers. Florida Department of .'ransportation District Six 1000 NW 111 Ave e Miami, Florida + 172 Telephone: 30 470-5197 Fax: 305-470 I 89 Attn: Gus P-go, P.E. District S cretary 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 .arty is an independent contractor and is not an agent of the other party. Nothing contained in the A:'-ement shall be construed to create any fiduciary relationship between the parties, during or after the rformance 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 eff- tive unless contained in a written document executed with the same formality and of equal dignity here ith. 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 •eterrnination, the remainder of this Agreement shall remain in full force and effect provided tha the part of this Agreement thus invalidated or declared unenforceable is not material to the intend operation of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents s be executed, the day and year first above written. CITY OF MIAMI BY: Authorized Signature ATTEST: Clerk LEGAL REVIEW: Local Legal Counsel STA OF FLORIDA DEPARTMENT OF T SPORTATION BY: District Secretary ATTEST: LEGAL REVIEW: District Legal Counsel ATTEST: Todd B. Hannon, City Clerk City Clerk By: Bv: SUBSTITUTED CITY OF MiAMI, a municipal corporation of the State . f Florida Johnn artinez. City anager pproved for legal form and sufficiency: Julie 0. Bru, City Attorney t,yr EST. r r f r( r�r r r r r I SlyTITLI� P� r r' r} rj JJJ t L L._._�J 1i th J ___J JJ J 1J 1 uJ Ili J LEGEND TRANSFER FROM FOOT T • Lary ESSI TRANSFER PROM GI • fMOT STATE ROWS STREET HE • R L.a ::] PARKS AIRPOR IHTE' -TATE FIOMWAY SAIL° - M1 IWM T SHIECO STATE HI6HWA, SH1ECO TOIL RMAO SNMLo NTEAMOOAL SYSTEMS DEVELOPMENT OFHCE TOOT DISTRICT 6 4111 ,__fir_.. RECKE ACRRF[GSVIT_ f J J Y Jr j\jjJ1\MJ