HomeMy WebLinkAboutPre-LegislationJ-88-]05
4/4/88
EXHIBIT "A"
RESCULTrICN No. se-56r
A REsow[1TIGN AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATfA6HED AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRAASPORT'ATICN RELATING TO THE
MAINTENANCE OF THE NON -ROADWAY PORTION OF S.W.
8 STREET BETWEEN I-95 AND S.W. 27 AVENUE.
WHEREAS, the City of Miami previously identified the maintenance of S.W.
8 Street as a Canmunity Development Project pursuant to Resolution No. 182-77
adopted February 15, 1977 and Resolution No. 191-77 adopted September 6, 1977;
and
wHERE?S, the City of Miami had agreed to maintain said area for Dade
County; and
WHEREAS, the non -roadway portion of S. W. 8 Street is now State
maintained; and
WHEREAS, the City of Miami through the Little Havana Ki.wani.s Club.
desires to modify the beautification of S.W. 8 Street; and
WHEREAS, the State through the Florida Department of Transportation'
requires a maintenance agreement with the City of Miami to maintain the
beautification of S.W.t8 Street;.'
NOw, THEREFORE, 8E IT RESOLVED BY THE C M1ISSICN OF THE CITY OF MTAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to execute 'the
attached agreement between the Florida Department of Transportation and the
City of Miami relating to maintenance of the plants and planters within the
no-rnadwey portion of the right-of-way on S.W. 8 Street between I-95 and S.W.
27 Avenue.
CITY COMMY h )N
MEETING OF
APR 14 1988
RESOLUTION No.98-36r
REMARKS-
PASSED AND AWFTED this 14 th Ay April
MATIY HIRAI
CITY CLERK
PREPARED AND APPFOVED SY.
/ t4( ,;1.
RDBERT F. CLARK
CHIEF DEPUTY crry-iy
-2-
�
S.W. 8th STREET AGREEMENT
THIS AGREEMENT, entered into this
1/ day of
, 19/, by and between the STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION, a component agency of the State of Florida, hereinafter
referred to as the DEPARTMENT and the CITY OF MIAMI a municipal corporation
of the State of Florida, hereinafter referred to as the "CITY"
WITNESSETH
WHEREAS, THE CITY is embarking on a program to beautify and enhance
streets within the corporate limits of the CITY; and
WHEREAS, the CITY and THE DEPARTMENT mutually recognize that the
maintenance and operation of portions of the State Highway System affected by
this program would be more efficiently and effectively performed by the CITY;
and
WHEREAS, the CITY and the DEPARTMENT mutually recognize the need for
entering into an agreement designating and setting forth the responsibilities.
NOW THEREFORE, for and in consideration of the covenants herein
contained, it is mutually understood and agreed as follows:
1
The following terms as used in this aareement are defused
as follows:
"STREETS" - the portion of State Road 90 (Section 87120), also
known as S.W. 8th Street, from State Road 9A (Section 87270), also known
as Interstate 95 to S.W. 27th Avenue State Road #9 (Section 67240).
"STATE HIGHWAY SYSTEM" - Those roads which are the jurisdictional
responsibility of the DEPARTMENT as established pursuant to F.S. (1985).
"ROADWAY PORTION" The portion of the STREET normally utilized
to move vehicular traffic. This would normally include the travel lanes,
curb, parking lanes, drainage and any special lanes for the movement of
vehicles.
"NON -ROADWAY PORTION" - The portion of the STREETS which are not
normally required for the movement of traffic. This would usually include
but net be limited to, sidewalks, and other landscaped or decorative areas
outside the travel lanes.
The CITY agrees to routinely and periodically maintain the plants
and planters within the NON -ROADWAY PORTION of the right-of-way, including
any decorative sidewalk or structures placed therein and be responsible for
this segment of the NON -ROADWAY PORTION.
3. THE DEPARTMENT agrees to routinely and periodically maintain
ROADWAY PORTION of the: STREETS and to be responsible for the operation
of this ROADWAY PORTION. Further, the DEPARTMENT agrees to routinely
and periodically maintain the NON -ROADWAY PORTION of the SL?EETS within
the CITY not specifically included in Item #2.
2
4. If, at any timo during the term of this agreement it shall come to
the attention of the DEPARTMENT that the CITY is rot meeting its obligations
with respect to maintenance and operations, the DEPARTMENT shall give the
CITY written notice of such deficiencies in maintenance and operation.
Thereafter, the CITY shall have a period of thirty (30) calendar days from
the date of notice within which to correct the cited deficiencies. In the
event the CITY fails to respond to the notice, or, does not make sufficient
progress towards remedying the deficiencies within the DEPARTMENTS' sole
determination, then the obligations of the CITY shall cease and the
responsibility for maintenance and operations shall return to the DEPARTMENT.
In this event, the CITY, at its sole expense, shall restore that segment of
the NON -ROADWAY PORTION of the street to its original condition.
5. The CITY, and the DEPARTMENT each bind themselves and their
successors to the obligations respectively assumed by each hereunder.
Neither party shall assign, subject or transfer its interest under this
AGREEMENT without prior written consent of the others.
6. To the extent permitted by laws, the CITY covenant and agree
that they will indemnify, and hold harmless the Department and all of
the DEPARTMENT'S officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect
or omission by the CITY in the performance of this AGREEMENT. Neither the
CITY nor any of their officers, agents or employees will be liable under
this section for damages arising out of injury or damages to persons or
properties directly caused or resulting from sole negligence of the
DEPARTMENT or any of its officers, agents or employees.
7. The agreement or part thereof is subject to termination under
any one of the following conditions:
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a) En the Avert the ngnaWa,' T exercised the option identified
by Item Four (4) of this agreement.
b) As mutually agreed to by all parties with a thirty (30)
day written notice.
The terms of this agreement shall commence on the date of this
agreement and shall continue until termination in accordance with the
above.
8. This writing embodies the entire AGREEMENT and understanding
between the parties hereto, and there are no other agreements and under-
standings, oral or written, with reference to the subject matter hereof
that are not merged herein and superseded hereby. No alteration, change
or modification of the terms of the AGREEMENT shall be valid unless made
in writing and signed by each party hereto. This AGREEMENT, regardless
of where signed shall be governed and constructed according to the laws
of the State of Florida.
9. Attached hereto is a certified copy of a Resolution of the CITY
of ti?IAMI Commission authorizing the CITY MANAGER to enter into this
AGREEMENT designated Exhibit "A" and by this reference made a part hereof.
IN WITNESS THEREOF, the parties hereto set their hands and seals
the day and year first above written.
4
r.
App •ved as toFo & Legality:
Abtorney Dat
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Director of
beraci.
Attest:/ -Let � / f� r�
City of Miami
By:
City Manager
Approved as to Form:
Approved as to Insurance Requirements:
Insurance ager
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Page No. 1 ATTACHMENT
SECTIONS INCLUDED IN THE
"LANDSCAPING MAINTENANCE AGREEMENT"
BETWEEN THE DEPARTMENT AND THE
CITY OF MIAMI
STATE ROAD SECTION FED.HWY STREET LENGTH
NUMBER NUMBER NUMBER NAME FROM TO (MILES) ACREAGE
90 87120 41 SW 8th STREET I-95 Beacom Blvd. 2.2 2.0
TOTAL 2.2