HomeMy WebLinkAbout1998-027 RESOLUTION NO. 99-27
A RESOLUTION OF INDIAN RIVER COUNTY,FLORIDA FOR HIGHWAY
BEAUTIFICATION FUNDING FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION
WHEREAS,the Board of County Commissioners of Indian River County is interested in
carrying out the following described project for the enjoyment of the citizenry of Indian River
County,and the State of Florida:
Project Title: 1.95/SR 60 Interchange Beautification(Phase 2)
Total Estimated Cost: $136,570
Brief Description of Project: Landscape enhancements along the I.95/SR 60 on and off
ramps consisting of entry features,arrangements of palms,
Live oaks,understory trees,Bahia sod,native wild flowers
and irrigation for establishment of the plantings;and
WHEREAS,it is desirable that certain roadside areas within Florida Department of
Transportation rights-of-way must be maintained and should be attractively landscaped;and
WHEREAS,the project will build upon landscaping improvements recently provided by
the Florida Department of Transportation;and
WHEREAS,the project implements the county's adopted SR 60 Corridor plan which
mandates public sector as well as private sector beautification enhancements along the SR 60
entryway into the county;and
WHEREAS,Florida Department of Transportation financial assistance is required for the
project mentioned above,
NOW THEREFORE,be it resolved by the Board of County Commissioners of Indian
River County that
1. The project described above be authorized,and the county shall make application
to the Florida Department of Transportation in the amount of 41%of the actual
cost of the project,and
2. Upon award of a highway beautification grant the county shall enter into a
maintenance agreement with the Florida Department of Transportation to
maintain specially landscaped areas within the I-95/SR 60 interchange right-of-
way.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the Board of County Commissioners at a legal meeting held on this_24
dayof February 1998.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,FLORIDA
B �J�Oin,
Cha'
ATTEST:
JeJTT ey K.Barton
f Court (
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY:
William G.Collins
Deputy County Attorney u\c\s\95sr60.res
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CASH DEPOSIT AND ESCROW AGREEMENT
THIS AGREEMENT is entered into this )J day of
by and between Horizon/Glen Outlet Centers Limited Partnership(Horizon),
their successors and assigns, and INDIAN RIVER COUNTY, a political
subdivision of the state of Florida(County):
WITNESSETH:
WHEREAS, Horizon operates an outlet mall at the southwest comer of
the intersection of Interstate 95 and State Road 60; and
WHEREAS, Horizon is desirous of seeking a landscaping beautification
project at that intersection; and
WHEREAS, the Florida Department of Transportation has a grant
program wherein the State puts up to a 50% match which is required to have a
local match;and
WHEREAS, only local governments can apply for such grants; and
WHEREAS, Horizon desires to provide the local matching funds for the
state grant in consideration of the County assuming on-going landscape
maintenance responsibilities for vegetation installed pursuant to the grant in the
1-95 right-of-way.
NOW, THEREFORE, in consideration of the agreements, promises and
covenants set forth herein, and other good and valuable considerations, the
parties hereto agree as follows:
1. Horizon has tendered to the County Office of Management and
Budget as escrow agent (Office) the sum of One Hundred Twenty-Five
Thousand and No/Dollars, the receipt of which is hereby acknowledged, which
sum shall be held in escrow by said Office, subject to the terms, conditions and
covenants of this escrow agreement. Pending grant approval,the funds shall be
invested pursuant to Section 125.31, Florida Statutes.
2. In consideration of this deposit, County agrees to apply for the
landscaping improvement grant(s) from F.D.O.T. It is understood that the
grant(s)is to be phased over two years.
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3. Should the County succeed in obtaining the 1-95 landscaping
beautification grant from F.D.O.T., funds escrowed by Horizon shall be drawn
upon to provide the local county match and shall be disbursed by the Office of
Management and Budget to F.D.O.T. under terms and conditions required by the
grant.
In the event the grant is not approved or in the event it is approved one
year and not in the second phase year, then that portion of unutilized funds
escrowed by Horizon to provide the local match shall be disbursed by the Office
of Management and Budget to Horizon at the following address.
Horizon/Glen Outlet Centers Limited Partnership
5000 Hakes Drive
Muskegon, Michigan 49441
4. Horizon agrees that any disbursement due to the failure of grant
application shall be to Horizon at the above address. It shall be the
responsibility of Horizon to notify the Office of Management and Budget of any
merger or acquisition which would result in disbursement being made to a third
party successor or assignee. Until such time as such notice is provided to the
Office of Management and Budget, all disbursements shall be to Horizon at the
address above.
5. Any interest earned during the term of escrow and not utilized for
the local match of the state grant, shall be disbursed to Horizon its successors or
assigns at the termination of the landscaping beautification project.
6. The funds deposited hereunder exist solely for the protection, use
and benefit of the County in providing a local match to the state grant, and shall
not be construed in any way, expressly or impliedly, to benefit or secure
payment to any contractor, subcontractor, laborer, materialmen, architect,
engineer, attorney or other party providing labor, materials, supplies, or services
except through and pursuant to the terms of the state grant.
7. This Agreement is a full and complete understanding of the parties
and shall not be construed or amplified by reference to any prior agreement,
discussion, or understanding except as specifically mentioned herein. This
agreement shall not be assigned without the express written notification to the
County. Any amendment, deletion, modification, extension, or revision hereof or
hereto shall be in writing, and shall be executed by authorized representatives of
each party.
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IN WITNESS WHEREOF, the parties hereto have set their hands and
seals. The date of this agreement shall be the date of approval by the Board of
County Commissioners, as first stated above.
HORIZON/GLEN OUTLET CENTERS
LIMITED PARTNERSHIP
By: HORIZON GROUP, INC., its
general artner
B ' ' • Lu�dt;�..�
y
am and title: TAw cs S.Mssa L-
ioa60t
OFFIC MANAGEMENT AND
BUDGE
Date: 3/17/98 BY
Jeph A. Baird, Director
BOAR OF COUNTY
COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA
N
Ely
�hn W.Tippin,0 man
Attest: BCC approved: February 24, 1998
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