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File #: 1830   
Type: Consent Status: Adopted
File created: 7/7/2020 In control: Public Works Department
On agenda: 7/21/2020 Final action: 7/21/2020
Title: Approval Re: Right-of-Way Use Agreement with The Viera Company for the Central Viera Planned Unit Development - District 4
Attachments: 1. Central-Viera-Use-Agreement-20200630.pdf



Approval Re:  Right-of-Way Use Agreement with The Viera Company for the Central Viera Planned Unit Development - District 4


Fiscal Impact:



Public Works Department/Finance and Contracts Administration

Requested Action:


It is requested 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 Central Viera. 


Summary Explanation and Background:

The Viera Company (TVC) desires to install and maintain improvements in the public rights-of-way within the Central Viera Planned Unit Development, depicted on Attachment "A" of the Right-of-Way Use Agreement, which have been or will be 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 TVC 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, TVC shall be required to maintain, repair, and replace the permitted improvements without cost to the County. Additionally, TVC is required to provide general liability insurance in an amount not less than one million dollars and name the County as additional insured. The Right-of-Way Use Agreement for Central Viera has been reviewed and approved by the County Attorney’s Office and Risk Management.


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, TVC or the applicable assignee, at the request of the County, shall remove all improvements from the rights-of-way or TVC or the applicable assignee shall reimburse the County for the cost of such removal.  Furthermore, in the event of termination and the County assumes ownership of the improvements, the County does not assume maintenance responsibility unless expressly provided in writing.

Clerk to the Board Instructions:

Please return the fully executed Right-of-Way Use Agreement to the Public Works Department.