Res No 137-96-9891a
S
RESOLUTION NO. 13 7 - 96 - 9 891
A RESOLUTION OF TIC MAYOR AND CITY CONIlVIISSION OF TIC
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TRANSFER OF
OPERATION AND MAINTENANCE OF A PORTION OF SUNSET DRIVE
FROM STATE TO THE CITY OF SOUTH MIAMI, AUTHORIZING THE
MAYOR TO ENTER AN AGREEMENT WITH TIE STATE OF FLORIDA
FOR SUCH TRANSFER.
WBEREAS, Sunset Drive between US 1 and Red Road, is the City's "Main Street," and
as such, it is advantageous to the City for maintenance and operation responsibility of this portion
of Sunset Drive to reside with the City of South Miami; and..
WHEREAS, the State of Florida has agreed to this transfer, and has established the terms
of the agreement to include responsibility for operation and maintenance of the roadway, curbs,
culverts, drainage structures within the right -of -way, maintenance of public sidewalks, bike paths,
and other ways i id
n the right of way to rese with the City.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA:
Section 1. The City Commission hereby authorizes the Mayor to enter an agreement
with the State of Florida for the transfer of responsibility for. operation and maintenance as
detailed in the agreement to the City of South Miami, for the portion of Sunset Drive between US
1 and Red Road.
Section 2.
This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 2zday of J u 1 y_, 19960
ATTEST.
ITY CLERK
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE. 5 4
Mayor Cun
Vice Mayo
CITY ATTORNEY Commi s s i o
Commissio
Commissio
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ner Price
ner Bethe
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Yea
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1: Yea
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TO:
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, FL 33143
Mayor and Commission
DATE:
July 17, 1996
FRO Eddie Cox, City Manager RE: Agenda Item #
Commission Meeting
July 23, 1996
Sunset Drive
The attached resolution authorizes the Mayor to enter an agreement with the State of Florida to
transfer the responsibility of operation and maintenance of Sunset Drive between US 1 and Red
Road to the City of South Miami.
This will provide the city with control over the changes, the operation, and maintenance of this
section of Sunset Drive. This agreement will provide us the latitude of authority to make
decisions about the appearance, level of maintenance, etc. that will be crucial to the success of the
redevelopment of this portion of Sunset.
I recommend approval.
It
WR-IN
LAWTON CHILES
GOVERNOR
July 19, 1996
Mr. Eddie Cox
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Mr. Cox:
L. 4
OFFICE OF PLANNING - DISTRICT SIX
602 SOUTH MIAMI AVENUE, MIAMI, FLORIDA 33130
PHONE: (305) 377 -5910 (SC) 452 -5910
FAX: (305) 377 -5967 (SC) 452 =5967
Subject: Transfer of SR 986 (Sunset Drive) from US 1 to Red Road
Section 87055, From: mile post 6.788 To: mile post 7.062
BEN G. WATTS
SECRETARY
Attached please find a standard FDOT Roadway Jurisdiction Transfer Agreement for your review
and processing. In accordance with Chapter 335.0415, Florida Statues, this transfer must be
mutually agreed upon by all parties. If you find the agreement acceptable, it is respectfully
requested that your city mayor sign the agreement and return it to us accompanied with a City
Commission resolution approving the transfer. Once the Department and the City of South Miami
have signed the Transfer Agreement, the District will complete the transfer package for final
approval by the Secretary of Transportation.
It is our understanding that, in the interest of providing the city with permitting authority, the
expeditious treatment of this issue is of great importance. In expectation of its approval, we have
forwarded a preliminary transfer package to our central office in Tallahassee for precursory
review. This could result in the approval of the transfer as early as a week after their receipt of
the final transfer package.
If you have any questions or if you need additional assistance regarding this matter, please contact
me, or Mr. Albert Dominguez, PE.
Sincerely,
4k It
(fit n
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Anita Vandervalk, PE
District Planning Manager
Attachment
cc: Gary Donn
CITY MANAGER'S OFFICE
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FDOT /CITY OF SOUTH MIAMI
ROADWAY TRANSFER AGREEMENT
SR 986 / SUNSET DRIVE / SW 72 STREET
THIS AGREEMENT, made and entered into this day of
), I ,
1996, by and
between the Florida Department of Transportation, an agency of the state of Florida, hereinafter
called the "Department ", and the City of South Miami, hereinafter called the City.
WITNESSETH
WHEREAS, the City has requested, via the attached resolution from the City
Commission, the transfer of the portion SR 986 /Sunset Drive /S.W. 72nd Street between US 1 and
Red Road, from the State Highway System to the City street system, and this transfer is mutually
agreed upon, between the city system City and 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 Department agree as set
forth below.
This Agreement sets forth the terms and conditions under which the City and the Department
will abide, commencing on the date of approval by the Department's Secretary.
(a) The City accepts all responsibility for operation and maintenance of the roadway. In
addition to the roadbed, this agreement includes all curbs,
structures within the right -of -way at the time of transfer.
maintenance of public sidewalk:
reside with the City.
culverts, and drainage
The responsibility for the
bike paths, and other ways in the right -of -way will also
(b) The Department gives up all rights to the road.
(c) It is agreed that all obligations of the Department under any maintenance, utility, or
railroad crossing agreement or other such agreement shall be transferred at the same time
and in the same manner as jurisdictional responsibility.
(d) Existing deeds or right -of -way maps will be recorded, by the Department, in the public
land records of the county in which the rights -of -way is located. If right -of -way maps do
not exist, the Department agrees to make the maps and file them for possible future use.
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.
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This Agreement embodies the whole agreement of the parties. There are no promises, terms,
condition, or obligations other than those contained herein, and this Agreement shall supersede
all previous commucation representations, or agreement, either verbal or wri
ni tten, 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
Mr. Jose' Abreu, PE, District Secretary
District #6
1000 Nei 111 th Avenue
Miami, Florida 33172
Telephone: (305) 470 -5197
Fax: (3 05) 470-5610
City of South Miami
Eddie Cox, City Manager
6130 Sunset Drive
South Miami, Florida 33 143
Telephone: (3 05) 663-6338
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
City of South Miami
By.
Attest.
City Mayor
(SEAL)
notary
Legal Approval
City Attorney
State of Florida
Department of T
ransportation
By•
FDOT District Secretary
Attest: (SEAL)
notary
Legal Approval
District Legal Counsel
t
•
p
I
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
City of South Miami
By.
Attest.
City Mayor
(SEAL)
notary
Legal Approval
City Attorney
State of Florida
Department of T
ransportation
By•
FDOT District Secretary
Attest: (SEAL)
notary
Legal Approval
District Legal Counsel
t