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HomeMy WebLinkAboutExhibit ASTATE 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, has requested the transfer of NE 6th Street from SR-5/US 1/Biscayne Boulevard to NE 2nd Avenue, 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, 23 United States Code (U.S.C.) 116 requires that a maintenance agreement be entered into between the DEPARTMENT and the LOCAL GOVERNMENT if the right- of-way to be transferred to the LOCAL GOVERNMENT contains a project constructed using federal funds. If applicable, this requirement is satisfied by execution of this Agreement; 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 this Agreement's approval 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 LOCAL GOVERNMENT 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 I 1 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's 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, FI. 33133 Telephone: (305) 416-1025 Florida Department of Transportation District Six 1000 N.W. 111 Avenue Miami, Florida 33172 Telephone: (305) 470-5197 Page 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD JURISDICTON TRANSFER (RJT) AGREEMENT 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. 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. LOCAL GOVERNMENT CITY OF MIAMI SIGNED BY: Name, Title: ATTEST: Clerk Name, Title: LEGAL REVIEWER SIGNATURE: Name, Title: DEPARTMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SIGNED BY: Daniel Iglesias, 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 resolution between the DEPARTMENT and the LOCAL GOVERNMENT: Signature and Execution Date: Jared W. Perdue, P.E. Secretary State of Florida, Department of Transportation Page 13 EXHIBIT A LOCATION MAP 111 ROAD JURISDICTION TRANSFER (RJT) Transfer On the SHS — City to State NE 6 ST FROM US-1/SR 5/BISCAYNE BLVD TO NE 2 AV LEGEND Transfer Area 87000163 flORIDA DEPARTMENT Of TRANSPORTATION DIME 6 N gite7i V.pf Map NTS -•••••••••• Production Date: Nov 2025 EXHIBIT B TRANSFER FORM 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: 87000163 From: US-1/SR 5/Biscayne Blvd. (Beginning Mile Point: 0.000) Justification for Transfer: Road Name: NE 6th Street City/County: Miami/Miami-Dade Segment Length: 0.085 To: NE 2nd Avenue (Ending Mile Point: 0.085) The roadway jurisdiction transfer for NE 6th Street from the City of Miami to FDOT is necessary to preserve mobility of the overall state road system in the urban core of Miami - Dade County for various modes of transportation. This roadway was a Strategic Intermodal System connector until 2014 and connects to nearby state facilities such as US-1/SR 5/Biscayne Boulevard and SR 886/Port Boulevard. www.fdot.gov EXHIBIT C CITY RESOLUTION