Subject:
Title
Approval Re: Right-of-Way Use Agreement for Viera East Community Association (VECA) - District 4
End
Fiscal Impact:
$10,080.00 for Fiscal Year 2026-2027, and subject to budget thereafter
Dept/Office:
Public Works Department/Engineering
Requested Action:
Recommendation
It is requested the Board of County Commissioners:
1) Approve and authorize the Chair to execute the Right-of-Way Use Agreement (“Agreement”) with Viera East Community Association (VECA), to maintain improvements previously permitted in the Viera East Community Association and maintain certain County unimproved rights-of-way; and
2) Authorize the County Manager to execute any future necessary agreement-related documents, such as amendments; and
3) Authorize the County Manager to approve any Budget Change Requests (BCR’s).
End
Summary Explanation and Background:
Brevard County and the Viera East Community Association (VECA) previously entered into multiple Right-of-Way (ROW) Use Agreements for the purpose of VECA to improve the public rights-of-way at its own expense. These improvements consist of landscaping, signage, hardscape, irrigation, and other related improvements. VECA also has been maintaining unimproved public rights-of-way that were not included in the previous agreements. VECA desires to maintain these areas at a higher level of service than the County would provide. Historically, the County has compensated VECA for maintenance of these unimproved rights-of-way through informal quotes and purchase orders.
The County and VECA desire to enter into a new ROW Use Agreement to: 1) consolidate the previous ROW Use Agreements; 2) include areas not previously addressed by the agreements; and 3) establish formal compensation for VECA’s maintenance of unimproved public rights-of-way. Under the Agreement, VECA will continue to maintain, repair, and replace previously permitted improvements at no cost to the County.
For Fiscal Year 2026-2027, the County will compensate VECA $10,080 for maintenance of the unimproved rights-of-way identified in Attachment A to the ROW Use Agreement. This amount is equivalent to the estimated cost to the County for six maintenance cuts per year. Compensation for subsequent years is subject to funding availability as approved in the annual budget.
The initial term of the Agreement is twenty (20) years, commencing on the date of execution. Following the initial term, the Agreement will automatically renew annually unless terminated by either party upon sixty (60) days’ written notice. Upon termination, at the County’s request, VECA will remove all improvements from the rights-of-way or reimburse the County for the cost of removal. In accordance with Administrative Order 29, the ROW Use Agreement has been reviewed and approved by the County Attorney’s Office, Risk Management, and Purchasing Services.
Clerk to the Board Instructions:
Please return the fully executed Right-of-Way Use Agreement for Viera East Community Association to the Public Works Department.