HomeMy WebLinkAboutExhibitFIRST ANIENDNIENT TO
FLORIDA DEPARTMENT OF TRANSPORTATION
BRICKELL CITY CENTRE IMPROVEMENTS
MAINTENANCE MEMORANDUM OF AGREEMENT WITH
THE CITY OF NIIANH
This First Amendment to Florida Department of Transportation Brickell City Centre
Improvements Maintenance Memorandum of Agreement with the City of Miami dated March
2, 2016 ("MMOA") is entered into this day of
RECITALS:
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A. The Florida Department of Transportation ("Department") and the City of Miami
("City") entered into the MMOA in order to address the maintenance obligations of each party
with respect to improvements constructed in conjunction with Brickell City Centre ("BCC"), a
major development located within the City of Miami, and adjacent to Department right of way
SR-90/SW 8`h St/US-41 from SW 1'` Avenue to SE 1" Avenue and SR-90/SW 7`h St/US-41 from
SW 1'` Avenue to SE I` Avenue.
B. The MMOA addressed the obligations of each party with respect to certain
modifications and improvements within Department right of way, and easements within the
above -referenced limits, under Department Permit # 2015 A 690 27.
C. As part of the BCC project, the City required that the BCC project -related traffic
signal mast arms on Department right of way, within City limits, be powder coated flat black.
D. For purposes of additional BCC project improvements, the Department intends
to issue Permit #2016 C 690 019, which permit also includes the black powder coated mast arms
required by the City.
E. As a result of the City's requirements for black powder coating of traffic signal
mast arms on Department right of way, within City limits, the parties have agreed to amend the
MMOA to include the City's maintenance obligations with respect to the referenced traffic signal
mast arms, included in Permit #2016 C 690 019.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and
benefits set forth herein and other good and valuable consideration, receipt of which is hereby
acknowledged, hereby agree as follows:
The recitals to this First Amendment are true and correct and are hereby incorporated
herein by reference and made a part hereof.
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2. As a result of powder coating of traffic signal mast arms, which relate to the BCC project
under Permit # 2016 C 690 019, in addition to the City's maintenance obligations under the
MMOA, the City agrees to further assume the following maintenance obligations, at its sole cost
and expense:
(a.) Maintaining the powder coating system of the mast arms, signal poles, pedestals,
uprights, heads, signal visors, louvers, plates, brackets, fittings, and all other painted
hardware components in an aesthetically pleasant condition;
(b.) Addressing all painted surface deficiencies identified in the Department Signal
Inspection Reports within the time recommended on each report;
(c.) Following the manufacturer's recommendation to properly restore the steel
surfaces and paint system when addressing all identified deficiencies, including removal
of graffiti and matching existing signal color per manufacturer's recommendations;
(d.) Maintaining a log of all work performed on each signal in a manner that is easy
to understand and monitor.
3. In the event that the City, within thirty (30) days from date of notice from the Department,
fails to comply with its obligations hereunder, the Department may, at its option:
(a.) proceed to correct such deficiencies at the City's cost and expense, or
(b.) remove all powder coating from the traffic signal mast aims and address all other
deficiencies, at the City's cost and expense.
4. The City may assign its rights, obligations, or responsibilities hereunder to the owner of
the property abutting the Department right of way without further written consent from the
Department, without releasing the City from its obligations and/or responsibilities hereunder.
5. Except as amended and modified herein, the terms and provisions of the MMOA shall
remain in full force and effect. Wherever the provisions of this First Amendment and the
provisions of the MMOA are in conflict, the provisions of this First Amendment shall govern
and control.
6. Each signatory to this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Amendment, and that the execution
and delivery of the Amendment and the performance of the obligations hereunder have been
duly authorized, binding, and enforceable in accordance with its terms.
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IN WITNESS WHEREOF, the Parties hereto have made and executed this First
Amendment. by the duly authorized signatory of each party.
State of Florida, City of Miami
Department of Transportation
By: By:
Name: Name:
Title: Title:
Attest:
By:
Executive Secretary
Lejal review:
By:
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