HomeMy WebLinkAboutBack-Up DocumentsSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ROAD JURISDICTON TRANSFER (RJT) AGREEMENT
Florida Department of Transportation/City of Miami
City Street System to State Highway System
THIS AGREEMENT, by and between the FLORIDA DEPARTMENT OF
TRANSPORTATION, an agency of the State of Florida, hereinafter called
"DEPARTMENT," and the CITY OF MIAMI, hereinafter called "LOCAL GOVERNMENT."
The DEPARTMENT and the LOCAL GOVERNMENT are sometimes referred to in this
Agreement as a "Party" and collectively as the "Parties."
WITNESSETH
WHEREAS, the DEPARTMENT and the LOCAL GOVERNMENT desire the transfer of
NE 11 t" Terrace from NE 2nd Avenue to SR 5/Biscayne Boulevard and NE 13th Street from
NE 1st Avenue to North Bayshore Drive from the City Street System to the State Highway
System, as depicted on the location map, attached hereto as Exhibit "A" and the transfer
form attached hereto as Exhibit "B" and this transfer is mutually agreed upon, between
the LOCAL GOVERNMENT and the DEPARTMENT.
WHEREAS, these transfers are mutually agreed upon between the LOCAL
GOVERNMENT and the DEPARTMENT.
WHEREAS, Section 335.0415, Florida Statutes, authorizes the Parties to enter this
Agreement.
THEREFORE, 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 LOCAL GOVERNMENT and the DEPARTMENT agree as set
forth below:
This Agreement sets forth the terms and conditions under which the LOCAL
GOVERNMENT and the DEPARTMENT will abide. The commencement of new
jurisdictional and maintenance responsibilities is the date of the approval of the
Roadway Transfer Form by the Department Secretary.
(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 LOCAL GOVERNMENT gives up all rights to the road, including the right-of-
way, except as may be specified in this Agreement.
(c) By resolution, attached hereto as Exhibit "C", the LOCAL GOVERNMENT has
authorized its representative to enter this Transfer Agreement.
Page 11
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ROAD JURISDICTON TRANSFER (RJT) AGREEMENT
(d) It is agreed that all obligations of the LOCAL GOVERNMENT, 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 parties to this transfer, and the transferring party will no longer be involved after
the transfer takes place, new agreements or amended agreements shall be made
between the parties to this transfer. These agreements shall be negotiated and
signed prior to the Department Secretary approval of the final Transfer Agreement.
The LOCAL GOVERNMENT acknowledges that copies of any existing permits,
agreements and easements have been turned over to the receiving entity for their
records prior to the execution of this Agreement.
(e) Transfer of the Roadway from the LOCAL GOVERNMENT to the DEPARTMENT
shall be by right-of-way map transfer ("Map Transfer"). The LOCAL
GOVERNMENT shall deliver the Map Transfer to the DEPARTMENT within sixty
(60) days of the Effective Date of this Agreement. The DEPARTMENT shall record
the Map Transfer, at no cost to the LOCAL GOVERNMENT, in the public land
records of the county in which the road Jurisdiction Transfer is located within 60
days of its receipt and ensure property appraiser records are updated to accurately
reflect this transfer. The DEPARTMENT shall provide the LOCAL GOVERNMENT
with a copy of the recorded conveyance document within 15 days of receipt of the
same from the recording office.
All words used herein in the singular form shall extend 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. The parties may be reached by means of the following contacts:
City of Miami, City Hall
Office of the City Manager
3500 Pan American Drive
Miami, FL 33133
Telephone: 305-416-1025
Florida Department of Transportation
District Six
1000 NW 111 Avenue
Miami, Florida 33172
Telephone: 305-470-5197
Each party is an independent contractor and is not an agent of the other party. Nothing
contained in this 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.
Page 12
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ROAD JURISDICTON TRANSFER (RJT) AGREEMENT
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 this 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.
CITY OF MIAMI
CITY OF MIAMI, A MUNICIPAL
CORPORTION OF THE STATE OF
FLORIDA
SIGNED BY:
ATTEST:
Arthur Noriega
City Manager
Todd B. Hannon
City Clerk
LEGAL REVIEWER SIGNATURE:
Victoria Mendez
City Attorney
#22-1889
DEPARTMENT
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SIGNED BY:
Stacy L. Miller, P.E.
FDOT District Six Secretary
LEGAL REVIEWER SIGNATURE:
FDOT Office of the General Counsel
FINAL APPROVAL BY THE SECRETARY OF TRANSPORTATION
The Secretary of the Florida Department of Transportation approves the transfer and all
provisions listed in this executed Transfer Agreement and the supporting resolutionR-00-
000 between the DEPARTMENT and the LOCAL GOVERNMENT:
Signature Execution Date:
Jared W. Perdue, P.E.
Secretary
State of Florida, Department of Transportation
Page 13
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ROAD JURISDICTION TRANSFER (RJT) TRANSFER FORM
Transfer on the State Highway System — City to State
Road Number: N/A
District: 6
Roadway ID: 87-000-172
From: N Bayshore Dr
(Beginning Mile Point: 0.000)
Road Number: N/A
Road Name: NE 13th Street
City/County: Miami/Miami-Dade
Segment Length: 0.273
To: NE 1st Avenue
(Ending Mile Point: 0.273)
Road Name: NE 11th Terrace
District: City/County: Miami/Miami-Dade
Roadway ID: 87-000-652
Segment Length: 0.060
From: NE 2nd Avenue To: West of SR 5/Biscayne Blvd
(Beginning Mile Point: 0.000)
(Ending Mile Point: 0.090)
District Legal Review by: Approved Alicia Trujillo.
Status: The agreement will be drafted once the transfer is approved by the District
Secretary.
Justification for Transfer: The transfer of NE 13th Street and NE 11th Terrace from the
City of Miami to FDOT will provide connectivity to and from the proposed 1-395 on and off -
ramps at N Miami Avenue. The proposed on and off -ramps will be located at N Miami
Avenue, west of the existing on -ramp at NE 1st Avenue. The existing on -ramp to the 1-395
was from NE 12th Street and the off -ramps were elevated ramps touching ground at NE 2nd
Avenue. In the proposed condition, NE 12th Street will be closed, and NE 13th Street will
carry the westbound local traffic heading to 1-395. For the eastbound traffic, the two existing
off -ramps to NE 2nd Avenue will be combined to one left-hand exit from the 1-395 Eastbound
collector -distributor road at N Miami Avenue. The new ramp locations will create two new
intersections for each of these roadways at N Miami Avenue and NE 1st Avenue which do
not exist today. New roadway alignments are proposed within FDOT right of way to connect
these new intersections to existing NE 13th Street and NE 11th Terrace. FDOT will have
ownership and jurisdiction of these new roadway alignments. These new roadway
configurations will streamline access to/from the 1-395 mainline and SR 5/Biscayne
Boulevard and provide enhanced local street connectivity for the ramp traffic due to the new
intersections.
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