Subject:
Title
Approval Re: Right-of-Way Use Agreement for Astrotech Space Operations, LLC - District 1
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Fiscal Impact:
None
Dept/Office:
Public Works Department/Engineering
Requested Action:
Recommendation
It is requested the Board of County Commissioners approve and authorize the Chair to execute the Right-of-Way Use Agreement (“Agreement”) with Astrotech Space Operations, LLC (“Astrotech”), to permit replacement of Astrotech’s existing improvements in the Grissom Parkway right-of-way. Said improvements shall be installed and maintained by Astrotech.
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Summary Explanation and Background:
Astrotech obtained permit number P0114798 from the County in July 2001 to bore and place 2,800 linear feet of cable within the Grissom Parkway right-of-way. It now desires to replace the aging infrastructure and/or make other related improvements pursuant to its plans and specifications. Astrotech will maintain these improvements in the public right-of-way of Grissom Parkway at its sole expense. The proposed improvements have been submitted by Astrotech to the County as a right-of-way permit application, and issuance of the permit will be subject to approval by the County as well as approval of the subject Right-of-Way Use Agreement by the Board of County Commissioners.
Per Section 125.01, Florida Statutes and Sec 86-66 of the Brevard County Code, the County may allow the use of the public rights-of-way for purposes which do not conflict with the interests of the public. In accordance with the Agreement, Astrotech will be required to maintain, repair, and replace the permitted improvements without cost to the County. Additionally, Astrotech is required to provide general liability insurance in an amount not less than one million dollars and name the County as additional insured. In accordance with Administrative Order 29, the Right-of-Way Use Agreement has been reviewed and approved by the County Attorney’s Office, Risk Management, and Purchasing Services.
The initial term of this Agreement is twenty years commencing with the date of execution by the Board and will automatically renew annually unless terminated by either party with sixty (60) days’ written notice. This Agreement is a permissive license and may be terminated by the County with or without cause. Upon termination, Astrotech, at the request of the County, will remove all improvements from the right-of-way, or Astrotech will reimburse the County for the cost of such removal.
Clerk to the Board Instructions:
Please return the fully executed Right-of-Way Use Agreement to the Public Works Department.