HomeMy WebLinkAboutTransfer N Atlantic Ridgewood Central 2007 1
INTERLOCAL AGREEMENT
This Agreement, made and entered into by and between the Board of County
Commissioners of Brevard County, Florida, hereinafter referred to as "County" and the City
of Cape Canaveral, Brevard County, Florida, hereinafter referred to as "City"
Whereas, the County and the City wish to enter into an agreement concerning
improvements to N. Atlantic Avenue between SR A1A and Port Canaveral, Central
Boulevard from SRA1A to Ridgewood Avenue and Ridgewood Avenue from Central
Boulevard to Grant Avenue, located in the incorporated area of the City, with the County
having ownership and maintenance responsibilities over said roadway; and
Whereas, the County and the City wish, as part of this agreement to mutually
participate in funding, resurfacing and future ownership and maintenance responsibilities
of this roadway, hereinafter referred to as the Project.
Whereas, the City desires the County's assistance in coordinating this project; and
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Whereas, the County and City covenant and agree that they have full power and
authority to enter into this Agreement and bind their respective governmental entities
It is therefore, agreed as follows:
(1) The above recitals are true and correct and by this reference are hereby
incorporated into and made an integral part of this Agreement.
(2) Statutory Authority: This Agreement shall be considered an Interlocal
Agreement pursuant to authority of Florida Statutes, Chapter 163, Part 1,
2006.
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(3) Projects: The City and the County agree that the County, and City via
currently allocated Impact Fees disbursements will provide funding needed
to complete intersection and widening improvements on N. Atlantic Avenue
between SR A1A and Port Canaveral (this project includes: adding a center
turn lane from south of Central Avenue to Port Canaveral and from Central
Avenue to SR A1A. It also includes adding south and northbound left turn
lanes together with signal improvements at N. Atlantic Avenue and Central
Boulevard; that the County will resurface Central Boulevard from SRA1A to
Ridgewood Avenue; and that the County will provide to the City $167,320 as
allocated by the Board of County Commissioners for the resurfacing of
Ridgewood Avenue from Central Boulevard to Grant Avenue.
CF 2007 193911 OR BK 5803 Page 115,
Recorded 08/09/2007 at 0205 PM. Scott Ellis. Clerk of
Courts. Brevard evard County
Pgs13
(4) Financial Contribution to the Project: The County and the City agree that:
(a) The County will utilize the funding currently allocated by the Board of
County Commissioners for all of roadways listed as the "projects ".
(5) Lead Agency: The City agrees that the County shall be the lead agency to
{ perform all work on the project. The County shall have the authority to enter
into appropriate contracts to perform work on the project in compliance with
Florida Statutes.
(6) Notices: All notices required under the agreement shall be in writing and
delivered to the parties by United States mail, as follows:
(a) City Representative
Bennett Boucher, City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920 -0326
(b) County Representative
Harriet Raymond, Special Projects Coordinator III
Brevard County Transportation Engineering Department
2725 Judge Fran Jamieson Way
Viera, Florida 32940
(7) Ownership and Maintenance: The County and the City agree that upon
completion of the each of the "projects ", the City will assume ownership and
maintenance responsibilities of each of the "projects ". Ownership of the
roadways shall transfer to the City via the attached Exhibits "1", "2 ", and "3 ",
which shall be executed by both parties upon completion of the projects.
Approval for execution of the documents is included in approval of this
interlocal agreement and no further action is required by either party. The
City shall also assume responsibilities for any and all permits of record
associated with the "projects" and shall execute all necessary documents to
formally accept these permits.
(8) Indemnification: The City agrees that it will indemnify and hold harmless the
County, to the extent permitted by law, from any and all liability, claims,
damages, expenses, proceedings, and causes of action of any kind and /or
nature arising out of or connected with the City's sole negligence in the
management, control, use, operation, maintenance or repair of the Utilities
installed during this project subject to Florida Statute 768.28. The City
agrees that it will, at its own expense, defend any and all actions, writs or
proceedings which are brought against the County and which arise out of
circumstances set out previously in this paragraph; and that it will satisfy, pay
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and discharge any and all judgement that may be entered against the County
in any such actions or proceedings.
The County agrees that it will indemnify and hold harmless the City, to the
extent permitted by law, from any and all liability, claims, damages,
expenses, proceedings, and causes to action of any kind and /or nature
arising out of or connected with the County's sole negligence in the
management, control, use, operation, maintenance, or repair of those
portions of roadway for which it had a duty and responsibility prior to this
Agreement subject to Florida Statute 768.28. The County agrees that it will,
at its own expense, defend any and all actions, writs, or proceedings which
are brought against the City and which arise out of circumstances set out
previously in this paragraph; and that it will satisfy, pay, and discharge any
and all judgments that may be entered against the City in any such actions
or proceedings.
(9) Attorney's Fees: In the event of any legal action to enforce the terms of this
contract, each party shall bear its own attorney's fees and costs. This
provision shall not be interpreted to be a pledge of ad valorem tax revenues.
(10) Default: Either party to this Agreement, in the event of any act of default by
the other, shall have all remedies available to it under the laws of the State
of Florida. Each party agrees to pay all reasonable costs and attorneys fees
to the other party not in default, provided such costs and attomeys fees are
payable under this paragraph only to the prevailing party in such suit.
(11) Severability: If any part of this Agreement is found invalid or unenforceable
by any court, such invalidity or unenforceability shall not affect the other parts
of this Agreement if the rights and obligations of the parties contained herein
are not materially prejudiced and if the intentions of the parties can still be
accomplished.
(12) Entirety: This Agreement represents the understanding and agreement of
the parties in its entirety. There shall be no amendments to the Agreement
unless such amendments are in writing and signed by both parties.
(13) Effective Date: Pursuant to Section 163.01(11) Florida Statutes. the
effective date of this agreement shall be the date on which this instrument
is recorded in the Public Records of Brevard County, Florida.
(14) Termination Clause: The County or the City shall have the right to terminate
this Agreement by furnishing written notice to the parties listed in paragraph
(7). However, paragraph (4) of this Agreement shall be adhered to. In the
event that the City has not completed the resurfacing of Ridgewood Avenue
in 3 years from the date of this agreement, the funds will be refunded to the
County.
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I)I`WITNE WHEREOF, we have set our hands and seals.
ATTE T ! - " City of Cape Canaveral:
f �� at
Cl Rocky Randelt, Mayor
i; J'I
o„ Ib a X007
Date
ATTEST: g Board of County Commissioners
of Brevard County, Florida
Scott Ellis J kie Colon, Chairperson
Clerk of the Circuit Court As pproved by the Dowd on: 03 -20 -07
Reviewed for legal form and content:
Assistant County Attorney
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Exhibit "3"
FN1 200 208369. OR BK 5807 Page 7503,
Recorded 08/29/2007 at 02 51 PM Scott Ellis Clerk of
Courts Brevard County
Doc D 30 70 4 Pqs 3
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COUNTY DEED
THIS DEED, made this 7n t ilay of Mar , 20_03 by the BOARD OF
COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of
the State of Florida, whose address is 2725 Judge Fran Jameson Way, Viera, Florida 32940,
party of the first part, to The City of Cape Canaveral. Florida. whose address is 105 Polk
AnasSasSm party of the second part.
WITNESSETH that the said party of the first part, for and in consideration of the sum of
$10.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged,
has granted, bargained and sold to the party of the second part, his heirs and assigns forever, the
land described in Exhibit "A ", attached hereto and made a part of this Deed said land lying and
being in Brevard County, Florida.
IN WITNESS WHEREOF, the said party of the first part has caused these presents to
be executed in its name by its Board of County Commissioners acting by the Chairman and said
Board; the day and yearaforesaid.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
, B y (VAPA-)
SCOTT ELLIS, CLERK) ,�
- - ckie Colon, Chairperson
, ( As approved by the Board on 03 - 20 - 07
ctydeed.doc
Exhibit "A"
RIDGEWOOD AVENUE, FROM GRANT AVENUE TO CENTRAL BOULEVARD,
IN SECTIONS 14 AND 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST, AND
RECORDED IN PLAT BOOK 3, PAGE 7A, PLAT BOOK 17, PAGE 81, PLAT BOOK
21, PAGE 80, PLAT BOOK 31, PAGE 30, AND OFFICIAL RECORD BOOK 2356,
PAGE 1096, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA.
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BOARD OF COUNTY COMMISSIONERS P.O. BOX 1496 TITUSVILLE, FL 32781 -1496 321- 637 -2002
No. 775828
Payment Date: 08/30/2007 Page: 1 of 1
Vendor No.: 5371
RIDGEWOOD 167,320.00
Check Total $ 167,320.00
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DETACH FROM CHECK AND KEEP FOR YOUR RECORDS
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O� \ ` ��� I � �E+�1'..Q` BREVARD COUNTY ` V: ,D AFTER 90 LA.YS N i I 58 L 8
P.O. BOX 1496
Q' - C z TITUSVILLE, FL 32781 -1496
L7 - 32 t 637 2002
08/30/2007
' k0i:; ° 167;320.00
* * * t1NE HL }NDRED SIXTY'SEVEN THOU 1ND THREE HUNDR €D TWEN iY * * * SUNTRUST BANK CE NNTRAL FLORIDA
CONSOLIDATED pUND z
• CITY OF CAPE CANAVERAL
ORDER OF
PO BOX 326
GAt CANAVERAL. FL 32920 - 0326 � �r
It' 7 7 5 8 2811' 1:0 6 L LOO ?901:6990 2 L 50 4 28 38n'
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