Subject:
Title
Approval Re: Right-of-Way Use and Maintenance Agreement for Fortenberry Apartments Venture, LP, a Delaware Limited Partnership - District 2
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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 and Maintenance Agreement (“Agreement”) with Fortenberry Apartments Venture, LP, a Delaware Limited Partnership (“Fortenberry Apartments Venture”), to permit a private retaining wall and railing in the Fortenberry Road right-of-way. Said improvements and the adjacent sidewalk shall be installed and maintained by Fortenberry Apartments Venture.
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Summary Explanation and Background:
Fortenberry Apartments Venture desires to construct a private retaining wall and railing in the Fortenberry Road right-of-way. Fortenberry Apartments Venture will maintain these improvements in the public right-of-way of Fortenberry Road at its sole expense. The proposed improvements have been submitted by Fortenberry Apartments Venture 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, Fortenberry Apartments Venture will be required to maintain, repair, and replace the permitted improvements without cost to the County. Additionally, Fortenberry Apartments Venture 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 and Maintenance Agreement has been reviewed a...
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