HomeMy WebLinkAboutExhibit - AgreementDRAFT
FLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI
ROADWAY TRANSFER AGREEMENT
NW 14 STREET FROM NW 42" COURT TO EAST OF NW 37th AVENUE (836 WB OFF RAMP 87200098)
NW 3 AVENUE FROM W FLAGLER STREET TO NORTH OF NW 8 STREET (I-95 ON RAMP 87270174)
THIS AGREEMENT, made and entered into this day of , 2014 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 NW 14 Street from NW 42"a Court to east of NW
37th Avenue (836 WB Off Ramp 87200098) and NW 3 Avenue from West Flagler Street to north of NW
8th Street (I-95 On Ramp 87270174) 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; and
---WH] S; -tke•-DEPART-ME -T—desires—to—transfer--Beke.1 5—t1, s 0/US
"i i"= ai�u-riiis«isiisf ia�rristiiui rv-�tr-iiuvirvccw�cii ii9C CITY an€1—t1e
D'ETA TMEN'1; an
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. Copies of any existing permits, agreements and
easements shall be turned over to the receiving entity for their records.
IT�G�IU 9i7
DRAFT
(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 DEPARTMENT agrees not to adversely affect any such resources if found after
the transfer.
(f)
The CITY will provide existing deeds or right-of-way maps to be recorded in the public land
records of Miami -Dade County, in which the rights -of -way are located. If right-of-way maps do
not exist, the CITY shall make such maps, or if the right-of-way is conveyed by deed, the same
shall 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: Daniel J. Alfonso
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
DRAFT
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