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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. . 19.z;z.... ATr\':ST: ..". DWIGHT E. BROCK;'Clerk f1:fL~-- - stj/ ~/ VI/!--. I.. <'.. . '.'. .', .. '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 " "'A'l"1'EST: , .... /~"~i* :.:~~ /0. e. ~. ;:~q~n~'~ M.~ .Atto>:n~:(..". . '........"".,.. ,. ATTEST: Executive Secretary By: District Legal Counsel