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2022 08 02 Item VI. F. Executed AgreementRESOLUTION NO. 2022-07 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; APPROVING THE EXECUTION OF A POST -PROJECT MAINTENANCE AGREEMENT BETWEEN THE CITY OF OKEECHOBEE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (the "Department") has undertaken a project for the construction of a new stormwater sewer outfall system to help minimize flooding issues along State Road (SR) 15 (A/K/A Parrott Avenue/U.S. Highway 441) at Southwest (SW) 21st Street, as well as flooding issues along SW 21 st Street within the City of Okeechobee, Florida ("City") right-of-way; and WHEREAS, the Department is responsible for the construction, at its cost, of said stormwater sewer system along SW 21 st Street which will connect to the new storm sewer outfall system; and WHEREAS, the City has reviewed the Department's plans for the project and agrees to issue to the Department or Department's contractor a permit for the work within the City's public right-of-way; and WHEREAS, the City desires to enter into a Post -Project Maintenance Agreement with the Department; and WHEREAS, the City will be responsible, at its sole cost and expense, for the maintenance of the new stormwater sewer system within SW 21 st Street right-of-way, including, but not limited to, any required pipe cleaning or replacements. NOW, THEREFORE, be it resolved, before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief President Officer for the City: SECTION 1. The City Council hereby approves the Post -Project Maintenance Agreement between the City of Okeechobee and the Florida Department of Transportation, Financial Project No. 439032-1-52-01, and attached hereto as Exhibit A. SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 3. This Resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED by the City Council of the City of Okeechobee, Florida on this 2nd day of Aucfust 2022. i Dowlin R. atford, Jr., Mayor ATTEST: L Lane Gamiotea, OMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John.. umero, City Attorney CLERK'S CERTIFICATE STATE OF FLORIDA ) COUNTY OF OKEECHOBEE )ss; CITY OF OKEECHOBEE I, LANE GAMIOTEA. HEREBY CERTIFY THAT I am the duly oualihed Cork of the City of Okeechobee, Florida, that the above and foregoing is a the and correct copy of a dopment the original of which is on file in the Nke Of the Ciry Clark of the City of Okeechobee, Fbdda. In WITNESS WHEREOF I have aw" sat my hard and affixed the official seal of said City mis jL Ci . r _ _ E _ A.D. 20_;?q see--- � IE GAMIOTEA City Cleric Resolution No. 2022-07, Page 1 of 1 FPID #439032-1-52-01 POST -PROJECT MAINTENANCE AGREEMENT: City of Okeechobee Page 1 of 4 TRANSPORTATION POST -PROJECT MAINTENANCE AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF OKEECHOBEE This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, the "DEPARTMENT") and City of Okeechobee (hereinafter, "LOCAL AGENCY") for the maintenance of post -project transportation enhancements described below. WITNESS 1. WHEREAS, pursuant to Fla. Stat. §339.08, and the Moving Ahead for Progress in the 21 st Century (MAP-21), the DEPARTMENT is authorized to undertake a project within the LOCAL AGENCY geographical limits; and 2. WHEREAS, said the project is identified and known to the parties as SR 15 from SW 21 st St to SW 14TH St., Financial Project # 439032-1-52-01 at the location shown in Exhibit A, attached and incorporated by reference which will benefit the LOCAL AGENCY; and 3. 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 AGENCY to maintain the project; and 4. WHEREAS the LOCAL AGENCY by Resolution No. 2022-07, dated August 2, 2022, a copy of which is attached hereto and made a part hereof as Exhibit A, has consented to and approved the Agreement and has authorized its Chairperson or designee to execute said Agreement. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: The DEPARTMENT has undertaken the project and obtained approval for state participation for drainage construction as shown in Exhibit A attached and incorporated by reference: • The scope of the project consists of the construction of a new stormwater sewer outfall system to help minimize flooding issues along SR15 at SW 21 st St., as well as, flooding issues along SW 21 st St. within the City of Okeechobee's right-of-way. • The DEPARTMENT is responsible for the construction, at its cost, of said stormwater sewer system along SW 21 st St. which will connect to the new storm sewer outfall system as shown in Exhibit A. The existing LOCAL AGENCY drainage system along SW 21 St. will remain undisturbed during construction. • The LOCAL AGENCY has reviewed the Department's plans for the project and agrees to issue to the Department (or Department's contractor) a permit for the work within the LOCAL AGENCY's public right-of-way as shown in Exhibit A. FPID #439032-1-52-01 POST -PROJECT MAINTENANCE AGREEMENT: City of Okeechobee Page 2 of 4 • The LOCAL AGENCY will be responsible, at its sole cost and expense, for the maintenance of the new stormwater sewer system within SW 21st Street right-of- way, including, but not limited to, any required pipe cleaning or replacements as determined by the LOCAL AGENCY in accordance with City, County, State, and Federal requirements. The limits of LOCAL AGENCY maintenance will be west of Structure # 101 not including Structure # 103. • The DEPARTMENT is responsible for the maintenance of the new stormwater sewer outfall system within the DEPARTMENT's right-of-way from Structure # 103 to the east along the proposed easement north of SW 21st St, including Structure # 103. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements 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 terms hereof shall be predicated upon any prior representation or agreements whether oral or written. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK FPID #439032-1-52-01 POST -PROJECT MAINTENANCE AGREEMENT: City of Okeechobee Page 3of4 IN WITNESS WHEREOF, the City of Okeechobee has caused this Agreement to be executed on its behalf through its chairperson or designee, and THE FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed on its behalf through its District Secretary for District One, as indicated below. This Agreement shall become effective on: Department to enter date. �. CITY OF OKEECHOBEE, FLORIDA ATTIE _ BY: ` Lane Gamiotea PRINT NAME City Clerk JO)a TITLE DATE CITY OF OK CH011 LEG REVIEW - BY: John Fumero DATE BY: CHAIRPERSON, OR 6E51GNEE Dowling R. Watford, Jr. PRINT NAME Mayor L«l_j )IM TITLE DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: J//L��l./�/I. it gill .. f5IST,ICT ONE SECZRETARY OR D SIGNEE PRINT NAME - ' ' irector of Transportation Development coq/O��bZ2 TITLE DATE FLA DEPT. OF TRANS. LEGAL REVIEW: BY• Don Conway, Senior Attornev FDOT END CONSTRUCTION It SURVEY 5R 15 STA 734+56.700 5 EXIST. 6' CONC. SWK. END PRSR CT 15 f{ SURVEY ,1 15 STA. 734+40.48 EXIST. R/W LINE EXIST. TYPE F CURB & GU7TER 1&- THE GUN SHOP I A..t�U.UU 41.6Y LI. 41.91LT\ fi'!Hy 5ls� OE -�•79 - - - 'I % X- I EX — — -- —_ 6 y'S21 ST 0. SURVEY 21st Sr STA. 150.02 . EXIST. RM LINE EXIST. PROPERTY LINE STA. +50.00 / STA 10+00.00 SURVEY SR 15 = STA 733149.77 SURVEY 115t ST FPID #439032-1-52-01 POST -PROJECT MAINTENANCE AGREEMENT: City of Okeechobee Page 4 of 4 �1m 1 � I i I Iif 4vEXIST. -- - S' COLK. SWK. I EXIST. PROPERTY LINE •72I y 1 rmr_ t m N ______ ____________ ----- ______________�_- / EXIST. EASEMENT • tiP —_—.____—__ PROP. PERPETUAL EASEMENT I .. EX 14 11 14, \ 13 � _ EX 13 89'S799 �i L�BLB� -_ �•i EXIST. EASEMENT— .. �'�-15 M EXIST. EASEMENT EXIST. PROPERR' LINE � ! Ql \ \BEGIN CONSTRUCTION ySURVEY 21st ST EXIST. Y CONE. SWK. STA.6+42.16 M EXIST. S CONC. SWK. o m LITTLE CAESARS CENTERSTATE BANK BEGIN PROJECT) BEGIN CONSTRUCTION r LEGEND @ SURVEY SR 1s STA. 733+26.97 EXIST. RM LINE LOCAL AGENCY AREA OF RESPONSIBILITY CITY OF OKEECHOBEE RW @ SURVEY SR 15 j C EX/ST. PROPERTY LINE EXIST. EASEMENT EXIST. RIVI LINE / REVISIONS The llalnwnl Group STATE OFFLORIDA SHEET DAr RIPTI T DF CRIPTION 165 L3°rnl=A�DEPARTMENT OF TRANSPORTATION Wmtee Pu]. FL 32789 NO. Pb..,: (•W'6294185 ROAD NO. I COUNTY I FINANCIAL PROJECT ID EXHIBIT A vv.b�lmor°IRroup.u� F_U.R.:.Uben Suudebush. P.E. Na. 73052 SR 15 OKEECHOBEE 439032-1-52-01 1 of I