Resolution 1997-204
APR 2 2 t!I91
RESOLUTION NO. 87.~
A RESOLUTION FOR A TRANSPORTATION ENHANCEMENT
PROJECT MAINTENANCE AGREEMENT FOR THOMASSON
DRIVE BIKE PATH FROM BAYSHORE DRIVE TO BAYVIEW
PARK BETWEEN THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA.
WHEREAS, the Florida Department of Tran.portatlon (FOOT) wI.he. to enter Into a
Tran.portatlon Enhancement Project Maintenance Agreement ("Agreemenl1 with the
Board of County Commissioners ("Board") of Collier County. Florida; and
WHEREAS. a Resolution of the Board authorizing tha exacutlon of that certain
Agreement w~h the FOOT is required; and
WHEREAS. the Board has the authority to enter Into an Agreement with the FDOT
to undertake a Project a. authorized by the Intermadal Surface Transportation Efficiency
Act of 1991, as amended; and
WHEREAS, the Project con.ist. of Thoma.son Drive Bike Path from Bayshore
Drive to Bayview Park (FOOT WPI No. 1123693).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA:
1. That the Agreement for State Project No. 03000-3625 I. approved.
2. That the Chainnan of the Board of County Commissioners I. authorized to
execute the Agreement with the Florida Department of Transportation.
This Resolution adopted this ".J- day of '3"'; -'
after motion, second and majority vote favoring same.
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ATr\':ST: ..".
DWIGHT E. BROCK;'Clerk
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'APproved',as to form' and legal
.uffiClency,.......... "
Slwluj ~tm M~~
Shirley Jean McEachern
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER C?UNTY. FLORIDA ~
BY :::~h
TImothy ancock, Chairman
.
"*I0306971R.. FOOT MPO Agmts.doc
APR 2 2 1997
STATE PROJECT NO.: 03000-36~5
"PI NO.: 11~36'3
PAP NO.: 8B-8888-(344)
COUNTY: COLLIBR
TRANSPORTATION IDlHANCDmIlT PROJJ:CT IlAINTIlHANCB AClRIlBMDT
THIS is an Agreement, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
.DEPARTMENT, If and COLLIn COUNTY, hereinafter referred to as "LOCAL
GOVERNMENT" .
WIT N E SSE T H
WHEREAS, pursuant to Section 339.08(~) (b), Florida Statutes
(1995) and the Intermodal Surface Transportation Efficiency Act of
1991, the DEPARTMENT is authorized to undertake a project within
the LOCAL GOVERNMENT geographical limita; and
WHEREAS, said project is identified and known to the parties
as State Project No. 03000-36~5, WPI No. 11~36'3, Federal Aid No.
8B-8888-(344}, which will be of benefit to the LOCAL GOVERNMENT;
and
WHEREAS, in accordance with Title 23, U.S. Code, Section 116
and Federal Highway Administration regulations issued pursuant
thereto, there must be an agreement from the LOCAL GOVERNMENT to
maintain the project; and
WHEREAS, the LOCAL GOVERNMENT by ReSOlution, dated
~ ~2 /~l1 , a copy of which is attached hereto and made
a ~;.t: ~_ hereof, has approved the Agreement and authorized its
f....~~ to execute said Agreement.
NOW, THEREFORE, in consideration of the premises, the parties
agree as follows:
1. The DEPARTMENT has undertaken the project and obtained
Approval for federal partiCipation in Thama..on Drive Bike Path
fram Bay.hor. Road to aayview 'ark.
~. It is understood and agreed by the LOCAL GOVERNMENT that
upon completion of the project, in sccordance with paragraph 4 of
that certain Agreement executed between the parties on
~yI ,;J. "', /ff7 , the LOCAL GOVERllMENT shall be res>,onsible
fozrmal~tenance of said project in accordance with the following
federally accepted state standards: (a) Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and
Highways (19891, a. amended; (b) FOOT Procedurea 850-065-001-d and
850-065-002-g, as amended.
3. This document incorporates and includes all ~o~2 ~
negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contatned herein and the
parties agree that there are no commitments, agreement. or
understanding concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, it is agreed that
no deviation from the telms hereof shall be predicated upon any
prior representation or agreements whether oral or written.
4. To the extent allowed by Section 768.28, Florida Statutes,
the LOCAL GOVERNMENT hereby agrees to indemnify, defend, asve and
hold harmless the DEPARTMENT and its officera. agent a and employees
from all claims, demands, liabilities and suits of any nature
arising out of, because of, or due to any negligent act or
Occurrence of omission or commission of the LOCAL GOVERNMENT, its
officers, agents or employees. It is speCifically understood and
agreed that this indemnification clause does not cover or indemnify
the DEPARTMENT for its sole negligence.
5. This Agreement shall be governed, interpreted and
construed according to the lawa of the State of Florida.
II/ WITNESS WHEREOF. the LOCAL GOVERNMENT has caused this
Transportation Enhancement Project Maintenance Agre;ement to be
executed in its behalf this -1..2- day of !!i:,....JI ,
19 17 , and the DEPARTMENT has executed this Project Maintenance
Agreement through its District Secretary for District One, Florida
Department of Transportation, this day of
. 19
BOARD OF COUNTY COMMISSIONERS
COLLI~pumY$~~
CHAIRMAN I
STATE OP FLORIDA
DEPARTMENT OP TRANSPORTATION
By:
By:
District Secretary
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ATTEST:
Executive Secretary
By:
District Legal Counsel