Subject:
Title
Approval, Re: Resolution, Exchange Agreement, and Lease Agreement from 890 N. Courtenay LLC for the Lift Station C17 Relocation and Reconstruction Project - District 2.
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Fiscal Impact:
$144,000 for a two-year lease; potential for 2 six-month extensions at $44,000 per extension period.
Dept/Office:
Public Works Department / Land Acquisition / Utility Services Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve and authorize the Chair to execute the attached Resolution, Exchange Agreement, and Lease Agreement, and delegate authority to the Chair to sign any necessary documents associated with this exchange.
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Summary Explanation and Background:
The subject property is located in Section 26, Township 24 South, Range 36 East, on east side of North Courtenay Parkway at Catalina Isle Drive in Merritt Island.
ln accordance with Florida law, notice of this Exchange was published from a period beginning October 5, 2023, through October 19, 2023.
Lift Station C17 was included in the Utility Services Department's annual Capital Improvement Plan for Fiscal Year 2023-2024 to Fiscal Year 2027-2028 and adopted by the Board on September 19, 2023.
The attached Resolution is pursuant to Section 125.37, Florida Statutes, authorizing the exchange of County property for other real property interests if and when certain conditions are met.
The County currently owns a parcel in fee simple that is used as a lift station (Lift Station C17). The Brevard County Utility Services Department has determined there is a need to relocate Lift Station C17 to make it more easily accessible for maintenance work and upkeep. The County's current legal access to the lift station is over an adjacent property owned by 890 N. Courtenay LLC. Both parties agree that to reach a mutually beneficial solution, the attached Exchange Agreement is needed. In summary, the County will exchange the current property where Lift Station C17 is located for property abutting Catalina Isle Drive that is owned by the LLC. While construction takes place, the County will have control of the LLC's property through the lease. The Lease Agreement with the LLC will serve for the purposes of allowing uninterrupted access and control of the LLC Property in order to perform studies; storing and/or staging construction equipment; constructing the new lift station; removing the old lift station and removing and/or abandoning in place any utilities that are no longer needed onsite; and for completing other necessary construction activities.
The Utility Services Department believes that the proposed location of the new lift station will allow the County to construct a replacement lift station in order to allow Lift Station C17 to be taken offline and will make future maintenance of the new lift station more efficient and cost-effective.
The User Department approves this request.
This acquisition follows the policies and procedures as set forth in Administrative Order 37 and Section 125.37, Florida Statutes.
Clerk to the Board Instructions: