2025-080 - Laserfiche WebLink

Home Browse Search

A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT This is a Memorandum of Agreement ("MOA") made and entered into this day of , 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida ("DEPARTMENT') and Indian River County, a municipal corporation in the state of Florida ("AGENCY"). WITNESSETH.- WHEREAS, ITNESSETH: WHEREAS, the DEPARTMENT is constructing a transportation project for the 82nd Avenue project in Indian River County, Florida; County Road (CR) 619 from 26th St to 69th St, as depicted in the attached Exhibit "A" and associated with FPID 230879-3, and WHEREAS, the AGENCY will be the owner of specific portions of 82nd Avenue within the project limits, the ("AGENCY FACILITY"); and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes, and federal funding provisions, the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical limits; and WHEREAS, the Project will involve the acquisition of various property interests along the Project corridor; and WHEREAS, the DEPARTMENT plans to construct the Project and conduct right of way acquisition and related activities, including eminent domain proceedings, on the Project for and on behalf of the AGENCY for the AGENCY FACILITY to prepare the Project for construction; and WHEREAS, the DEPARTMENT will conduct its right of way acquisition activities in accordance with its right of way procedures and applicable federal acquisition requirements; and WHEREAS, the parties agree that it is cooperative effort between the DEPARTMENT of the Project. in the best interest of the public to promote a and the AGENCY for the successful completion NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, this MOA sets forth and outlines the following agreements between the DEPARTMENT and the AGENCY concerning the performance of acquisition and maintenance activities by the AGENCY and the DEPARTMENT for the portion of the AGENCY's Project: The above recitals are true and correct and are incorporated herein by reference. 2. Upon completion of its acquisition and construction activities for the Project, the DEPARTMENT will transfer and the AGENCY will accept acquired property rights along the AGENCY FACILITY, including excess property acquired by the DEPARTMENT on behalf of the AGENCY. 3. Said conveyance shall include, and the AGENCY fully accepts, a transfer and assignment of all rights and obligations pursuant to any maintenance agreement, utility agreement, subordination, and/or other agreements or matters of record relating to the property to be conveyed and the AGENCY shall assume all responsibilities and liabilities arising from any obligations thereunder which responsibilities, liabilities and obligations as set forth in