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Home My WebLink About2005-096 Vr e�.v RESOLUTION NO. 2005- 096 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF A ROADWAY TRANSFER AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY FOR CR 510MABASSO ROAD FROM SR 5/US#1 TO SR A-1-A WHEREAS,the COUNTY has requested the transfer of CR 510/Wabasso Road to the State Highway System as approved by the FDOT District 4 Secretary of Transportation. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute a transfer agreement with the FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called FDOT. This transfer agreement will set forth the terms and conditions under which the COUNTY and FDOT will abide, commencing on the date of approved by the FDOT'S Secretary. A copy of the Resolution shall be forwarded to FDOT in order to advise them of the COUNTY'S intent to execute such a transfer agreement with a representative of the Department. This Resolution shall take effect immediately upon adoption. The resolution was moved for adoption by Commissioner Davi s , and the motion was seconded by Commissioner Wheel er ,and, upon being put to a vote, the vote was as follows: Commissioner Arthur Neuberger Aye Commissioner Sandra L. Bowden Ave Commissioner Wesley S. Davis Aye Commissioner Thomas S. Lowther Aye Commissioner Gray C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 14th day of WA 2005. June BOARD OF COUNTY COMMISSIONERS INDI N RIVER COUNTY, FLORIDA By: Thomas S. Lowther, Chairman AT ST: effrey K. Ba n, Cle k By. - Deputy Clerk App ov .as to form and Legal sufficiency By- F:\PUBLIC WORKS\KIMP\FDOT DOCS\CR 510 TRANSFER-RESOLUTION,06-13-05.DOC w FDOT/INDIAN RIVER COUNTY ROADWAY TRANSFER AGREEMENT From Indian River County to the Florida Department of Transportation Wabasso Road/CR-510 from SR-5/US-1 to SR-AlA THIS AGREEMENT, made and entered into this 14th day of June , 2005 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,hereinafter called the DEPARTMENT, and Indian River County,hereinafter called the COUNTY; WITNESSETH WHEREAS,the COUNTY,has requested the transfer of the above listed roadway sections to the State Highway System, and this transfer is mutually agreed upon,between the COUNTY and the DEPARTMENT and, WHEREAS, upon signature of the Secretary of Transportation the COUNTY has agreed to the transfer of jurisdiction of roadway section 88050000,Wabasso Road from SR-5/US-1 to SR-AlA: WHEREAS, following the transfer of the roadway as specified herein, the COUNTY agrees to pay the DEPARTMENT a sum amount of$3,092,000 (Three Million Ninety-two Thousand Dollars), for roadway improvements, and; 2005-096 WHEREAS,this Agreement has been approved by the County Commission through Resolution No. NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants and promises herein contained,and for other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged, the COUNTY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the COUNTY and the DEPARTMENT will abide, commencing on the date of approval of the Agreement by the Secretary of the Department. (a) The DEPARTMENT accepts all responsibility for the road right of way and for operation and maintenance of the roadway upon the effective dates of transfer for Wabasso Road/CR-510 from SR- 5/US-1 to SR-AIA In addition to the roadbed,this agreement includes all sidewalks,bike paths,curbs, culverts,bridges, and drainage structures within the right-of-way at the time of transfer. (b) The COUNTY shall be responsible for the continuation of maintenance of any nonstandard DEPARTMENT roadway or landscaping features or any existing Landscaping Agreements with private companies when roads are transferred from COUNTY jurisdiction. This includes all fishing piers, recreation areas located along the causeway,and the access road and surface property located beneath the high level bridge (Bridge No.880053). (c) It is agreed that all obligations of the COUNTY, under any maintenance, utility, railroad crossing agreement or other such agreement,relating to any specific road to be transferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility. Copies of any existing permits, agreements, and easements shall be turned over to the DEPARTMENT for their records. (d) The COUNTY in the public land records of Indian River County, will record the appropriate deeds or 4 right-of-way maps to reflect the transfer. (e) The COUNTY agrees to pay the DEPARTMENT a lump sum amount of$3,092;000 (Three FDOT/Indian River County Roadway Transfer Agreement Wabasso Causeway Page 2 of 3 Million Ninety-two Thousand Dollars), for roadway improvements. The payments shall be made as follows: ■ The first payment of$1,546,000 will be paid to the DEPARTMENT in FY 06/07 after the signing of this agreement and upon the receipt of written request from the DEPARTMENT ■ The second and final payment of$1,546,000 will be paid to the DEPARTMENT in FY 07/08 after the signing of this agreement and upon the receipt of written request from the DEPARTMENT All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communication, representation, or agreements, either verbal or written,between the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. For communication purposes,the parties may be reached at the following addresses and phone numbers. Florida Department of Transportation Indian River County Gustavo Schmidt, P.E. Jim Davis,P.E. Dist. 4 Planning&Environmental Engineer Public Works Director 3400 West Commercial Blvd. 1840 25'11 Street Fort Lauderdale,Florida 33309-3421 Vero Beach, Florida 32960-3365 Telephone: (954) 777-4601, SunCom 436-4601 Telephone(772) 567-8000 Fax: (954) 777-4671, SunCom 436-4671 Fax(772) 778-9391 Email: gustavo.schmidt@dot.state.fl.us Email:jimdavis@ircogov.com Each party is an independent contractor and is not an agent of the other party. Nothing contained in this Agreement shall be construed to create any fiduciary relationship between the parties, during or after the performance of this Agreement. Neither party shall have the authority to bind the other party to any obligation whatsoever to any third party without the express specific written consent of the other. No modification, amendment, or alteration in the terms of conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of the Agreement. • �� -i de FDOT/Indian River County Roadway Transfer Agreement Wabasso Causeway Page 3 of 3 IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed, the day and year first above written. INDIAN RIVER COUNTY STATE OF FLORIDA BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF TRANSPORTATION BY: \-q k S l (/ 1 BY: 4O ��c — Thomas S. Lowther -10P t R�k Ches4er,P.E. County Commission Chair FDdT District IV Secretary/ APPROVED AS-TO O APPRO AS TJ4 O F 1 William G. Collins 11 Lau ice es Indian River County Attorney District 4 L Counsel ((`` Gerv' � o ReZ[� r The foregoing instrument was The forigoing instrument was acknowledged by me this 14th June acknowlledged by me this.1l/ 2005 by, Thomas S. Lowther 2005 by,;Rick Chesser,District IV� Chairman, Indian Rive County Secretary,who is personally known by Commission,who s own ersonally knme or who has produced by me or who has produced as identification. as identification. ri t Name Print Name 7 y Notary�in and for Indian Wiver Notary Public in and for Broward County and State of Florida. County and State of Florida. My Commission Expires 7-15-2005 My Commission Expires /t6�i 4,oe �,s+? Kimberly E.Massung *: mowsSudtG DD216503 EXPIRES (Notarial Sea]) ; oa u 15,2007 ,'f'P'fid;.••• eONDEOTHRUTROY FAIN INSURANCE,INC, ELSAFIUOOLESTON 2o1...av My COMMISSION#i DD146508 EXPIRES:OCT 22,2006 °Fw, Bonded through Advantage Notary