Subject:
Title
Approval Re: Amended and Restated Right-of-Way Use Agreement with the Iroquois South Homeowners' Association, Inc. - District 2
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Fiscal Impact:
None
Dept/Office:
Public Works Department/Finance and Contracts Administration
Requested Action:
Recommendation
It is requested the Board of County Commissioners approve and authorize the Chair to execute the Amended and Restated Right-of-Way Use Agreement with the Iroquois South Homeowners' Association, Inc. to permit improvements to be installed and maintained in the Iroquois South subdivision.
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Summary Explanation and Background:
On April 5, 2011, Brevard County and the Iroquois South Homeowners' Association, Inc. (Association) entered into the Right-of-Way Use Agreement. The Designated Premises in that Agreement were not all inclusive of the public rights-of-way that the Association desires to install improvements. Furthermore, the Agreement limited the type of improvements to only landscaping and irrigation. As such, the County and the Association desire to enter into this Agreement to fully amend, restate, and supersede the previous Right of Way Use Agreement.
The Amended and Restated Right-of-Way Use Agreement updates the Designated Premises to include the applicable public rights-of-way set forth in the public records of Plat Book 34, Page 80. Further, the Amended and Reinstated Agreement provides for the installation of improvements, which may consist of, but are not limited to, improvements for landscaping, signage, hardscape, irrigation, and/or other related improvements. The improvements shall be submitted by the Association as right-of-way permit applications, and issuance of the permits shall be subject to approval by the County.
In accordance with the Agreement, the Association shall be required to maintain, repair, and replace the permitted improvements without cost to the County. Additionally, the Association is required to provide general liability insurance in an amount...
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