Subject:
Title
Approval Re: Right-of-Way Use Agreement for the Modern Duran District with The Viera Company - District 4
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Fiscal Impact:
None
Dept/Office:
Public Works/Finance and Contracts Administration
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve and authorize the Chair to execute the Right-of-Way Use Agreement with The Viera Company to permit improvements to be installed and maintained in the Modern Duran District.
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Summary Explanation and Background:
The Viera Company desires to install and maintain improvements in the public rights-of-way within the Modern Duran District, depicted on Attachment "A" of the Right-of-Way Use Agreement, which have been dedicated to Brevard County. The improvements will consist of landscaping, signage, hardscape, irrigation, and traffic control devices (excluding traffic signals). The improvements shall be submitted by The Viera Company to the County as right-of-way permit applications, and issuance of the permits shall be subject to approval by the County.
The County may allow the use of the public right-of-way for purposes which do not conflict with the interests of the public as set forth in Section 125.01, Florida Statutes. In accordance with the Agreement, The Viera Company shall be required to maintain, repair, and replace the permitted improvements without cost to the County. Additionally, The Viera Company is required to provide general liability insurance in an amount not less than one million dollars and name the County as additional insured.
The initial term of this Agreement shall be twenty years commencing with the date of execution by the Board and shall automatically renew annually unless terminated by either party with sixty days' written notice. Upon termination, The Viera Company or the applicable assignee, at the request of the County, shall remove all improvements from the rights-of-way or The Viera Company or the applicable assignee shall...
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