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HomeMy WebLinkAboutTransfer of Ownership: N Atlantic, Ridgewood & Central (Complete legal) 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 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. (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. 1 CFN 2007 193911 OR BK 5803 Page 1 5 f Recorded 08/09/2007 at 0205 PM. Scott Ellis. Cler o Courts. Brevard County Pgs 13 (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 I 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 2 1 I j I l 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 j extent permitted by law, from any and all liability, claims, damages, 1 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 j 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. I (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. j (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. 3 1 I / " l J a i'; 4hl WITNESS WHEREOF, we have set our hands and seals. e .. ; ATTEpT[ ! City of Cape Canaveral: Qa Q_ Ci ' , Rocky Rand, Mayor `i' . 1 1 Date ATTEST: g Board of County Commissioners I of Brevard County, Florida i _____k__ Scott Ellis J kie Colon, Chairperson Clerk of the Circuit Court As pproved by the boded on: 03 -20 -07 Reviewed for legal form and content: Assistant County Attorney i 4 1 1 Exhibit "1" 1 I 1 1 1 COUNTY DEED THIS DEED, made this 20th day of March , 20 0� by the BOARD OF COUNTY CO IV MISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 2725 Judge Fran Jamieson Way, Viers, Florida 32940, party of the first part, to The City of Cape Canaveral. Florida, whose address is 105 Polk Avenue, Cape Citnaveral. Florida 32920, party of the second part. j 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. r IN WITNESS W . EREOF, the said party of the first part has caused these presents to m be executed tts name jsy its Board of County Commissioners acting by the Chairman and said Board the day/and yeapaforespid. ATiEST 9 f BOARD OF COUNTY COMMISSIONERS i _ OF BREVARD COUNTY, FLORIDA 1 By: ax 4 , 6 )\...) 1 SCOTS ELLI - Q kle Colon, Chairperson ` r � 1 n i As approved by the Board on 03 20 - 07 e ct i a CFN 2010116009, OR BK 6188 PAGE 1107, Recorded 06/182010 at 11:32 AM, Scott Ellis, Clerk of Courts, Brevard County # Pgs:3 yiy Exhibit "A" NORTH ATLANTIC AVENUE, AKA OLD STATE ROAD 401, FROM AlA TO GEORGE KING BOULEVARD IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, AND RECORDED IN PLAT BOOK 1, PAGE 25, PLAT BOOK 16, PAGE 131, PLAT BOOK 17, PAGE 81, AND CCMB 7, PAGE 120 AND CCMB 24, PAGE 68A, ALL IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. 1 ft 1 4 1 11 n . . 0 - -J R° IN C) i � STATION War ON TWWO - Exhibit "C" C 4 j ! i 11 12 1 Basin i • Can PONT ry of CANAYEAA .. L , () i Cleo a N sr° lar Berge �'k a � �ti 0 coma rrrarn AAI,ArMI 8 x.11 • I = v CAPE a - c '� PDX � CANAVERAL 13 • I 4,- ' 1 1. 14 * r ' 4. 1 ,- 1 VILLAGES OF SEAPORT • �� r North Atlantic Avenue l L" . -. c.6 ,' AlA to George King Boulevard ir Cod __ . I,A' s u i ,,,,, v , „,,,, 1 - 1- ' . 4111.11 . 1"n. H. -;14 . r ` i .1/4 " . ''' Li e $/$4 ir . Iril , fi 41 . 1 • Ii i imi loops 'NO a . � I • RI�MI°° �....., tt+ LA � 6t 1 APTS. V • ove ; v .7 rim. Iry ' SUNSET Woo 111 Z 2r'- `1= E Ar i �- ©!. ARMS CAPE Av • GARDENS - A r� i f r CANAVERAL Y 101, , CAPE 2nri ■, ...J a:Lr Ar . of +� Ar CANAVERAL 4 22 •,]3 ,s =MI A r po . • rr2 �elii; 3 • + rn . 1 C°nlw 61 I 11111"7!"7 ? k aol.aAa MM �:I/ A ' NI C' .Im. i f W CAPE � — S N OR ES f t � ICW 2822'30 c ' N i :Li ' 7 0s Aron -By- The -Sea I ISLAND G!�* Ln S. SIMI ItE!�t:: Ar • WISP COSTA DEL 1 Infk Av ANIS CLOSE • . / MIMI, IMO. BAYVIEW PARE/ MSS 1`? s r • Kent �� i 1 ' • • COCOA 1 E ' CEAN I w " LINAYFIAI fir Wow. ' .,°, . Ar 1. r tro.•,44.....„1,,r . ,,-.., i I I Exhibit "2" 1 • COUNTY DEED THIS DEED, made this 2p t4layof ; }_ , Mar ch , 20E, by the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 2725 Judge Fran Jamieson Way, Viera, Florida 32940, party of the first part, to The City of Cape Canaveral. Florida, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920, party of the second part. WI NESSETH 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 tel lil its,!Matne by i S Board of County Commissioners acting by the Chairman and said Board, #h dayan rieir aforesaid. #.77' ' BOARD OF COUNTY COMIVIISSIONERS I ii OF BREVARD COUNTY, FLORIDA y dun r a r r f j n ScO g{.LI ' EE tgn b ckie Colon, Chairperson tl As approved by the Board on 03 - 20 - 07 ctydeec[ doc J• CFN 2010116010, OR BK 6188 PAGE 1110, Recorded 06/18/2010 at 11:32 AM, Scott Ellis, Clerk of Courts, Brevard County # Pgs:3 Exhibit "A" CENTRAL BOULEVARD, FROM Al A TO RIDGEWOOD AVENUE, IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, PER PLAT BOOK 17, PAGE 81, PLAT BOOK 31, PAGE 1 AND PLAT BOOK 31, PAGE 27, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. . 1 1 00.1 pe .._..._,— —.._ . m Dce+e Fat .00 i III 11 MAP rizlt ' vd S 0 a ILLAGE 4 ►or , r. RBOR �Oakle orN Dr grecs 1 ' HEIGHTS 4, OA tt�� r a"' Central Boulevard �' r r :1'l3� N ^ _ "1Gi:9 wo AlA to Ridgewood Avefd+e ,e,, N AVERAL SANDS V Toot 8 v o eR L A KlAPrs. O ;a; /i�iiA WAS 'ION co 1 ' r J .a CMls �� 0.'X Ill ' .ewur M 70O /ohl1 ,�QI°�m• Av • R MSET IC" No •Woo Li ®7 r•L��- Av ARMS CAPE 1Q��l. Av GARDENS] u 11EIElEIE:t*. A. CAPE 1 CANAVERAL O Y W ® pir. Ay 5 k. a - homier imam I.. , ►arDr t3�ai -� Ar gle .�mr � CANAVERAL ,� 22 tot, . .. erring �n , •C : WID:ff rfi r 8 Center or ! lifimmil Apo p impact IVs 71 Mal rear Av I a Coco R EMU Ay �i AP Q CAP 7M� en SHORES n e ; A - '22'30" �� < E ►k�n$c. •:si M e" na ^ ©s Avon -By- The -Sea s,";:,1 •ALL in i "4 "r' "9' M t r la1r Ai P %An COSTA DEL rOO: Mill ;Ay AND tt OSE dd���� 01000. INC. AN „,,,,, if201.26 KwI vxa :::°' f , Sag in Meade Av r� A►IOUt PCOA KEAN I M ^ w V PANAMA( BEACH ®� bArw IItX Ate. N'eter s A/ . v }� Av hf� 000 C �' lHOLIUAY SHORES APTS. T ro. A _I� r , � ,_ 1 '70 1114 L e SLA GULL BLCAH CLOP APS. agilil I _'�� � L° LL _ . COCOA i rir ra c..arrar c.. IsO� p f' I , EZ /..? } r o CA ""ra.^ NIIYp ° + r � ° M 3 5 BEACH Ln e ci.l Q l .. $ NEE Ails Kolas it OCEAN TERRACE • I Nom" Surf Or 1 INOLa l ra 101N6; - — i r I 1 Exhibit "3" F 2007208369 OR BK 5807 Page 7503, Recorded 08/ 29/2007 at 02 71 PM Scott Ellis. Clerk of Cuurts. Brevard County :oc D 3070 #Pys3 1 • COUNTY DEED THIS DEED, made this 7n tSlay of Marc, , 20_117 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 Aven 32920 ue. She Canav�l 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 year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA ��� SCOTFELLIS, CLERK/ 6 ckle Colon, Chairperson As approved by the Board on 03 -20 -0 ctydeed.doc S g $ 2 I 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. • 1 s ppp3 ff 9 ' Egg. Noon hA sao >. r ` 'Jr vs— VILLAGES OF SEAPORT MAP "3T1 a x 1. ' l oaR t woo a e • or ' , RBOR / q Oceasliar �i�� ' HEIGHTS . aOe ' WAN V � 3 W S ilo . P Pawn( (J► �mill 51 �• Wary rr '' Toa -- � V oEIeT Kiplln home i . 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AV v bras ��' J$ (} I% , ,1 Ln •' o ` G 1 HOLIDAY SHORES APTS. ` .4 Ln ���zr�e yLifen o Na Lt ' Wpm `-'' SEA 010.E SEACH CLUB AVTS ioiaaaa 1 COCOA tr e �� ,u j ] p 'WARP Nov eA C � A �Meaii' Ado F % a s c ' t^n"A BEACH IE IC Ae 4 ' S 35 ?N Vom I Z I.- L n E "17 to ►iNlaa i OCEAN TERRACE . • Rink L d N y �� L Swl ' uo *LE," L ") in(— � O 1 1 R i d f