RESOLUTION 93-20716 RESOLUTION NO. 93-20716
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE A COLLINS
AVENUE AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MIAMI BEACH PERTAINING TO MAINTENANCE OF THE
PORTION OF THE STATE HIGHWAY SYSTEM AFFECTED
BY THE NORTH BEACH STREETSCAPE IMPROVEMENT
PROJECT
WHEREAS, the City of Miami Beach ("City") is embarking on
a program to beautify and enhance streets within the corporate
limits of the City; and
WHEREAS, the Commission of the City is implementing a
NORTH BEACH STREETSCAPE IMPROVEMENT PROJECT along Collins Avenue
public right-of-way from 1500 feet south of 63rd Street (Alton
Road) to 75th Street; and on 71st Street and Normandy Drive from
Collins Avenue to Rue Notre Dame, which includes sidewalk
improvements; and
WHEREAS, the CITY and the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION ("DEPARTMENT") mutually recognize that the
maintenance of the 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 of the parties to this agreement.
WHEREAS, the City Manager recommends approval of the
attached Collins Avenue Agreement and the City Attorney has
approved it as to form.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor a'.d City Clerk are
authorized to execute a Collins Avenue Agreement ..etween the State
of Florida Department of Transportation and the ty of Miami Beach
pertaining to maintenance of the portion of the State Hi•hway
System affected by the NORTH BEACH STREETSCAPE I 'ROVEMENT PROJ, CT.
PASSED AND ADOPTED THIS 3rd AY OF February ,
1993.
J
Mayor /
ATTEST:
%,ticv•A . /11'
City Clerk
FO PPROVED:
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Le al Department
27 � 21/93
RMC/RAG/b
C:\bjs\crn-resol-\reso-state
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 9 3
.7 -
TO: Mayor Seymour Gelber and DATE: February 3, 1993
Members of the City Commission
FROM: Roger M. Cartt \ L6\,
City Mana r L;(,
SUBJECT: AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION TO MAINTAIN THE
SIDEWALK IMPROVEMENTS ON STATE RIGHT-OF-WAY
IMPLEMENTED AS PART OF THE NORTH SHORE COMMUNITY AREA
IMPROVEMENTS, NOW KNOWN AS NORTH BEACH STREETSCAPE
IMPROVEMENT PROJECT.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City of Miami Beach enter into an Agreement
with the Florida Department of Transportation to maintain certain City improvements on
the sidewalk area of the State right-of-way implemented as part of the North Shore
Community Area Improvement Project, now known as the North Beach Streetscape
Improvement o
mp.rod ement Project.
BACKGROUND
On December 16, 1992, the City entered into a Joint Participation Agreement with the
Florida Department of Transportation relating to combining the FDOT
Collins/Abbott/Harding Avenues Milling and Resurfacing Project with the City of Miami
Beach North Shore Community Area Improvement Project, now known as the North Beach
Streetscape Improvement Project, and outlining FDOT costs and a scheduled manner of
reimbursement to the City of Miami Beach. As indicated in the attached correspondence
and as required on other similar projects (41st Street from Collins Avenue to Alton Road),
the State requires a maintenance agreement for those improvements above and beyond
normal State Construction Standards relating to the sidewalk portion of the project.
CONCLUSION
In keeping with Florida Department of Transportation policies on projects of this nature and
in keeping with the intent of the Interlocal Agreement, it is recommended that the City
Commission authorize entering into the maintenance agreement for the North Shore Area
Improvement Project, now known as the North Beach Streetscape Improvement Project.
RMC/RAG/et
Attachment
GO
AGENDA
ITEM
DATE -93
COLLINS AVENUE AGREEMENT
THIS AGREEMENT, entered into this 23rd day of March
19 93 , 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
BEACH a municipal corporation of the State of Florida, hereinafter
ter
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 Commission of the City of Miami Beach, is
implementing a NORTH BEACH STREETSCAPE IMPROVEMENT PROJECT along
COLLINS AVENUE public right-of-way from 1500 feet south of 63rd
Street (ALTON ROAD) to 75th Street; and on 71st STREET and Normandy
Drive from to Collins Avenue to Rue Notre Dame. "NORTH BEACH
EACH
STREETSCAPE IMPROVEMENT PROJECT") , which includes sidewalk
improvements ("SIDEWALK IMPROVEMENTS") .
WHEREAS, the CITY and the DEPARTMENT mutually recognize that
the maintenance portions of the State HighwaySystem affected
Y by
this program would be more efficiently and effectivelyperformed p rmed 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 of the parties to this agreement.
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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 agreement g are defined as
follows:
"STREETS" - the portion of State Road AlA °
(Section 87060) ,
also know as COLLINS AVENUE, from 1500 feet south of 63rd Street to
75th Street, and also State Road 934 (Section 87080) ,
also known as
71st STREET and Normandy Drive from Collins
Avenue to Rue Notre
Dame.
"STATE HIGHWAY SYSTEM" - Those roads which are the
jurisdictional responsibility of the DEPARTMENT •
as established
pursuant to Florida Statutes.
"ROADWAY PORTION" - The portion of the STREET or
HIGHWAY for
the intended use of vehicles. This would normally include the
travel lanes, curb, parking lanes, drainage and anyspecial special lanes
for the movements of vehicles.
"SIDEWALK PORTION" - The portion of the STREETS which are not
required for the movement of vehicular traffic and are intended for
the movement of pedestrian traffic and mayinclude nclude landscape
features such as trees, grates, and anydecorative
features such as
sidewalk and cross-walk brick pavers decorative
light poles, signs
not related to traffic control, benches - if these items are
proposed by the CITY.
2 . The CITY agrees to assume liabilityfor, to
inspect the
construction of, and to routinely anderiodicall maintain y maintain the
SIDEWALK PORTION of the STREETS which have been constructed and
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modified in accordance with the NORTH BEACH STREETSCAPE IMPROVEMENT
PROJECT.
3 . The DEPARTMENT agrees to routinely and periodically maintain
the ROADWAY PORTION of the STREETS less the landscape features and
decorative items and to be responsible for the operation of this
ROADWAY PORTION. Further, the DEPARTMENT agrees to routinely and
periodically maintain the SIDEWALK PORTION of the STREETS that have
not been modified in accordance with the NORTH BEACH STREETSCAPE
IMPROVEMENT PROJECT.
4 . If, at any time during the term of this agreement it shall come
to the attention of the DEPARTMENT that the CITY is not meeting its
obligations with respect to maintenance of the SIDEWALK PORTION of
the STREETS, 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 then the
DEPARTMENT shall have the right, but not the obligation, to correct
the deficiencies, and, in the event the DEPARTMENT does so correct
the deficiencies, the CITY shall pay the DEPARTMENT all of its
reasonably incurred costs in connection with such work within
forty-five (45) days of receipt of an invoice from the DEPARTMENT.
5 . The CITY, and the DEPARTMENT each bind themselves and their
successors to the obligations respectively assumed by each
hereunder.
6. To the extent permitted by laws, but only to the limits set
forth in Florida Statutes, Section 768 . 28 the CITY covenants and
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agrees that it 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 g out of any
act, action, neglect or omission by the CITY in theerformance
P of
this AGREEMENT. Neither the CITY nor any of their officers,
agents
or employees will be liable under this section for damages arising
g
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 . This agreement or part thereof is subject to termination upon
mutual agreement by all parties.
The terms of this agreement shall commence upon completion of
construction 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
understandings, 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 byeach party
p Y
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 Miami Beach Commission authorizing the Mayor to enter into this
AGREEMENT designated Exhibit "A" and by this reference made apart
hereof.
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IN WITNESS THEREOF, the parties hereof set their hands and
seals the day and year first above written.
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
Approved as to Form & Legality:
It 411".
By:
' ttorn-
Da e Dis ict S cretary,
Department of Transportation
Approved as to Form: Attest
Department of ransportation
Z7 f3 BY:
CityAttorney
y 416111111k
y p.yor,
City of Miami Beach
Attest: rACIA6,A51 •InavkAf -
City
Clerk,
City of Miami Beach
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RESOLUTION NO. 93-20716 T y-n.
Authorizing the Mayor and the City Clerk
co execute a Collins Avenue agreement
I: between the State of Florida Department of -
Trarsportation and the City of Miami Beach
pretaining to maintenance of the protion of
a
the State highway system affected by the
North Beach Streetscape Improvement Project,
. .
IONA
1.,
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