2023-11-21 VI. B. Roadway Transfer Agmt, Exhibit 6 • • Exhibit 6
10/21/2023
ROADWAY TRANSFER AGREEMENT
NW 13TH AVENUE ROAD SEGMENT
THIS ROADWAY TRANSFER AGREEMENT ("Agreement") is made and entered into
between Okeechobee County("the County"),a political subdivision of the State of Florida whose address
is 304 NW 2nd Street, Okeechobee, FL 34972, and the City of Okeechobee ("the City"), a municipal
corporation organized and existing under the laws of the State of Florida whose address is 55 SE 3rd
Avenue, Okeechobee, FL 34974, hereinafter collectively referred to as the "Parties".
WITNESSETH
WHEREAS, Section 163.01,Florida Statutes,authorizes the exercise by agreement between two or more
public agencies of any power common to them; and
WHEREAS, Section 163.01(17), Florida Statutes, provides in relevant part, that "in any agreement
entered into... any public agency... may, in its discretion, grant, sell, donate, dedicate, lease or
otherwise convey, title, easements or use rights in real property, including tax-reverted real
property, title to which is in such public agency ... to any other public agency... Any public
agency... is authorized to grant such interests in real property or use rights without consideration
when in its discretion it is determined to be in the public interest. Real property and interests in
real property granted or conveyed to such public agency... shall be for the public purposes
contemplated in the interlocal agreement ..."; and
WHEREAS,the County is authorized by Section 125.01(1)(p), Florida Statutes,to enter into agreements
with other governmental agencies within or outside the boundaries of the County for the joint
performance, or performance by one unit on behalf of the other, of any of either agency's
authorized functions; and
WHEREAS, Section 125.0101, Florida Statutes, authorizes counties and municipalities to contract with
each other for provision of road maintenance and other services; and
WHEREAS, Section 335.0415(3), Florida Statutes, provides that "Public roads may be transferred
between jurisdictions only by mutual agreement of the affected governmental entities."; and
WHEREAS, this Agreement is authorized by the aforementioned Florida Statutes and other applicable
law; and
WHEREAS, at present,jurisdiction over a segment of the unbuilt NW 13th Avenue, a public road right-
of-way, running from North Park Street/State Road 70 to NE 5th Street (the "Road Segment") is
split between the County and the City, with the western portion of the Road Segment under the
jurisdiction of the City, and the eastern portion of the Road Segment under the jurisdiction of the
County; and
WHEREAS,the owner of parcels within the City adjacent to the Road Segment have applied to the City
for development approvals, which approvals would necessitate the construction of a roadway
within the Road Segment; and
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WHEREAS,the County and the City have determined that it is in the best interests of the Parties to enter
into this Agreement to transfer, from the County to the City, jurisdiction over and liability for
maintenance of the eastern portion of the Road Segment presently under the jurisdiction of the
County.
NOW THEREFORE, in consideration of the premises,mutual covenants, and representations contained
herein, constituting good and valuable consideration, the County and the City agree as follows:
Section 1. Recitals.The recitals set forth above are incorporated herein by reference and made
a part of this Agreement.
Section 2. Transfer of Road Segment. The County hereby grants, transfers, and conveys to
the City, and the City hereby accepts, all of the County's right, title, interest in,jurisdiction over,
and liability for maintenance of, the Road Segment and any improvements thereon and
appurtenances thereto.
Section 3. Effective Date, Term, and Termination. This Agreement and any subsequent
amendment hereto shall be effective upon signing by both of the parties and recording with the
Okeechobee County Clerk of the Circuit Court as provided by Section 163.01(11), Florida
Statutes. This Agreement shall not terminate without the mutual express written Agreement of the
County and City.
Section 4. Indemnification/Sovereign Immunity.Except as otherwise specifically provided
in the Agreement, neither party shall be liable for the negligent or wrongful acts of the other party
in the performance of this Agreement. Nothing in this Section is intended to serve as a waiver of
each of the Parties' respective sovereign immunity.
Section 5. Notices. Any notice, demand, request, or other instrument which may be or is
required to be given or delivered under this Agreement shall be deemed to be delivered(i)whether
or not actually received, five (5) days after being deposited in the United States mail, postage
prepaid, certified or registered mail, return receipt requested; (ii) when received (or when receipt
is refused) if delivered personally or sent by a nationally-recognized overnight courier,all charges
prepaid, at the addresses of County and City as set forth in this paragraph; or (iii) via electronic
mail at the address provided below. Such addresses may be changed by written notice to the other
party in accordance with this paragraph.
County: City:
Okeechobee County City of Okeechobee
Attn: County Administrator Attn: City Administrator
304 NW 2nd Street 55 SE 3rd Avenue
Okeechobee, Florida 34972 Okeechobee, FL 34974
broyce@okeechobeecounyfl.gov gritter@acityofokeechobee.com
Section 6. Public Records.
A. Pursuant to section 119.0701, Florida Statutes,the County and the City shall:
i. Retain all records in accordance with Chapter 119.
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ii. Keep and maintain public records required in order to perform the Agreement's
requirements.
iii. Upon request from the City or County custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in State
Statute or as otherwise provided by law.
iv. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements and are not disclosed except as authorized by law for
the duration of the Agreement term and following completion of the Agreement.
v. If the County or City, in their respective sole discretion, requests a copy of all public
records in possession of the other party,the County or City shall duplicate and provide
to the records, at no cost, all public records in possession within a reasonable amount
of time and in a format that is accessible.
B. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE COUNTY HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT
THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT:
LANE GAMIOTEA, CMC, CITY CLERK
863-763-3372, EXT. 9814
LGAMIOTEA@CITYOFOKEECHOBEE.COM
55 SE 3RD AVENUE, ROOM 100
OKEECHOBEE, FL 34974.
C. Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CITY HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT:
COUNTY ADMINISTRATOR
863-763-6441, EXT. 1
PUBLICRECORDS@CO.OKEECHOBEE.FL.US
304 NW 2"d STREET, ROOM 123,
OKEECHOBEE, FL 34972.
Section 7. Third Parties. The parties hereto do not intend, nor shall this Agreement be construed to
grant any rights, privileges, or interest to any third party.
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Section 8. Entire Agreement. This Agreement, including attachments hereto, if any, constitutes the
entire agreement between the City and the County concerning the matters addressed herein. No change
will be valid, unless made by supplemental written agreement, executed and approved by the parties.
Section 9. Headings. The section headings are inserted herein for convenience and reference only,
and in no way define, limit or otherwise describe the scope or intent of any provisions hereof.
Section 10. Severability. Should any section or any part of any section of this Agreement be rendered
void, invalid, or unenforceable by any court of law, for any reason, such determination shall not render
void, invalid,or unenforceable any other section or any part of any section in this Agreement.
Section 11. No Construction against Preparer. This Agreement has been prepared jointly by the
County and the City and their respective professional advisors. The County, City and their respective
professional advisors believe that this Agreement expresses their agreement and that it should not be
interpreted in favor of either the County or City or against the County or City merely because of their
respective efforts in preparing it.
Section 12. Governing Law. The validity and interpretation of this Agreement shall be governed by
the laws of the State of Florida, and venue shall be in the Nineteenth Judicial Circuit in Okeechobee
County, Florida. Each party waives any defense of improper or inconvenient venue as to the stated court
and consents to personal jurisdiction in the stated court.
Section 13. Amendment. No amendment, modification or alteration of the terms hereof shall be
binding unless the same be in writing,dated concurrent or subsequent to the date hereof and duly executed
by the parties hereto.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their
duly authorized representatives.
APPROVED the day of 202 , by the Okeechobee County
Board of County Commissioners.
Okeechobee County, a political subdivision of
the State of Florida
By:
Attest: David Hazellief, Chairman
Board of County Commissioners
Jerald D.Bryant,Clerk of the Circuit Court
and Comptroller
Approved as to Form and Legality for
Okeechobee County:
Wade Vose, County Attorney
APPROVED the day of 202 , by the Okeechobee City
Council.
City of Okeechobee, Florida, a municipal
corporation of the State of Florida
By:
Attest: Dowling R. Watford, Jr., Mayor
Lane Gamiotea, CMC, City Clerk
Approved as to Form and Legality for
Okeechobee County:
John J. Fumero, City Attorney
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