Subject:
Title
Approval Re: Right-of-Way Use Agreement for Space Coast Town Centre I, LLC - District 5
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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 Space Coast Town Centre I, LLC (“Space Coast Town Centre”), to permit a private stormwater pipe and stormwater and utility conflict structures in the St. Johns Heritage Parkway right-of-way. Said improvements shall be installed and maintained by Space Coast Town Centre.
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Summary Explanation and Background:
Space Coast Town Centre desires to construct a private stormwater pipe and stormwater and utility conflict structures in the St. Johns Heritage Parkway right-of-way. Space Coast Town Centre will maintain these improvements in the public right-of-way of St. Johns Heritage Parkway at its sole expense. The proposed improvements have been submitted by Space Coast Town Centre to the County as a right-of-way permit application, and issuance of the permit will be subject to approval by the County.
Per Section 125.01, Florida Statutes, 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, Space Coast Town Centre will be required to maintain, repair, and replace the permitted improvements without cost to the County. Additionally, Space Coast Town Centre is required to provide general liability insurance in an amount not less than one million dollars and name the County as additional insured. Board approval is contingent upon receipt of the required documentation, including but not limited to the Certificate of Insurance. 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. Upon termination, Space Coast Town Centre, at the request of the County, will remove all improvements from the right-of-way, or Space Coast Town Centre 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.