HomeMy WebLinkAboutExhibit 1 Transfer AgreementFLORIDA DEPARTMENT OF TRANSPORATION & THE CITY OF MIAMI
ROADWAY TRANSFER AGREEMENT
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 DEPARTMENT is undertaking a roadway project related to SR836/I-395,
extending from East of I-95 to the MacArthur Causeway Bridge in Miami -Dade County, Florida,
designated as Item/Segment Number 251688-1 (the "Project");and
WHEREAS, by DEPARTMENT First Amended Project Resolution dated September 20, 2011,
(Exhibit "A") the line and location of the referenced facility have been designated as part of the
State Highway System; and
WHEREAS, for purposes of the Project, the DEPARMENT requires several streets and/or
alleys, as further described herein in composite Exhibit B, from the City Street System to the
DEPARTMENT for the construction, reconstruction, and maintenance of state facility
Item/Segment Number 251688-1; and
WHEREAS, pursuant to Section 337.29, F.S., title to all roads designated in the State Highway
System shall be in the state, and accordingly, the DEPARTMENT has requested the transfer. of
the City Parcels from the CITY to the DEPARTMENT.
WHEREAS, the CITY finds that the transfer of the City Parcels from the CITY to the
DEPARTMENT is authorized by Section 337.29, F.S., and accordingly the CITY authorizes the
right of way transfer to the DEPARTMENT by the fling of the right of way map, attached
hereto as Exhibit C and made part hereof, which shall be duly recorded by the DEPARTMENT.
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.
(a) The effective date of the transfer shall be the date of the approval of this AGREEMENT
by the City of Miami Commission, and its execution by the authorized signatory, in aceordauce
with City Resolution No. , dated , 2014, that
further authorizes the termsand conditions of this Agreement, and directs its officials to comply
with all provisions hereunder.
(b)The DEPARTMENT accepts all responsibility for the Parcels, and for the maintenance
related thereto. In addition to land, this transfer includes all curbs, culverts, and drainage
structures within the transferred right-of-way at the time of transfer, if any.
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(c) The CITY gives up all jurisdiction and maintenance of the City Parcels described herein.
(d) The DEPARTMENT shall record the attached right-of-way map in the Public Records of
Miami -Dade County, indicating the transfer of the City Parcels from the CITY to the
DEPARTMENT, and further indicating the DEPARTMENT's designation of the City Parcels as
part of the right of way of SR836/I-395, Item/Segment Number 251688-1.
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
10.00 NW 111 Avenue
Miami, Florida 33172
Telephone: 305-470-5197
Fax: 305-470-5189
Attn: 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: 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.
STATE OF FLORIDA DEPARTMENT OF
CITY OF MIAMI TRANSPORTATION
By: By:
Name: Gus Pego, P. E.
Title: District Secretary
ATTEST:
Clerk
LEGAL REVIEW:
City of Miami Legal Counsel
ATTEST:
Name/Title:
LEGAL REVIEW:
District Legal Counsel
CITY OF MIAMI, a Florida Municipal Corporation
By:
Daniel J. Alfonso, City Manager
Date:
Attest:
By:
Todd B. Hannon, City Clerk
Date:
Approved as to Form and Correctness:
By:
Victoria Mendez, City Attorney
Date:
Approved as to Insurance Requirements:
By:
Ann -Marie Sharpe, Interim Director, Risk Management
Date: