HomeMy WebLinkAbout2017-041 RESOLUTION NO. 2017-X41
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE COUNTY PUBLIC WORKS DIRECTOR, ON
BEHALF OF THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS TO EXECUTE A MEMORANDUM
OF UNDERSTANDING RELATING TO RIGHT-OF-WAY
LANDSCAPING.
WHEREAS, there are instances in which a property owners' association or homeowners'
association desires to install and maintain landscaping in the right-of-way adjacent to the subdivision
for aesthetic purposes; and
WHEREAS, in such instances the County desires that such property owners' association or
homeowners' association agree to install and maintain such landscaping in accordance with approved
right-of-way plans and also provide proper insurance and indemnify and hold the County; and
WHEREAS, the Board desires that the Public Works Director enter into a memorandum of
understanding with such property owners' associations or homeowners' associations consistent with
the memorandum of understanding attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA THAT:
The above-recitals are affirmed;
2. The Indian River County Board of County Commissioners (the "Board') hereby specifically
delegates to the Public Works Director, the authority to execute a memorandum of
understanding on behalf of the Board in substantially the form attached hereto, and provided
that any such memorandum of understanding contain the signature of the County Attorney, or
his designee, approving such documents as to form and legal sufficiency.
The foregoing Resolution was offered by Commissioner Solari and seconded
by Commissioner and, upon being put to a vote, the vote was as follows:
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AYE
Commissioner Susan Adams AYE
Commissioner Tim Zorc AYE
Commissioner Bob Solari AYE
r.
1
RESOLUTION NO. 2017-n4 t
The Chairman thereupon declared the Resolution duly passed and adopted this 211dday of
May, 2017
Attest: Jeffrey R Smith, Clerk of .•.•,M�gstoNF•�NDIAN RIVER COUNTY, FLORIDA
Court and Comptroller �'P'
�QRD OF COUNTY COMMISSIONERS
By(&fW1L I By;
Deputy Clerk V*d sep E. Flesch r, Chairman
•:gNRIVE
Approved as to form and legal
sufficiency:
ylan Reingold
County Attorney
2
w 7;
f3 Il _3�
L F,
MEMORANDUM OF UNDERSTANDING
BETWEEN
ASSOCIATION, INC.
AND
INDIAN RIVER COUNTY, FLORIDA
This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and
between Association, Inc., a Florida not-for-profit corporation
("Association"), and Indian River County, Florida, a political subdivision of the State of Florida.
Recitals
WHEREAS, the Association desires to maintain enhanced landscaping within the right-
of-way along , for aesthetic purposes; and
WHEREAS, the County agrees to permit the Association to install and maintain the
enhanced landscaping within the right-of-way along
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the Association and County hereby agree as follows:
1. The foregoing recitals are true and incorporated as if fully restated herein.
2. Association agrees to install and maintain all landscaping materials, fertilization, and
irrigation along , in the County's right-of-way, at the
Association's own cost and expense, in accordance with the approved right-of-way
permit.
3. County agrees to permit the Association to perform the work described herein on an
as-needed basis as determined by the Association,and except for the initial permit fees,
the County waives any other annual permit or application fees which might otherwise
be associated with work as described herein within the County right-of-way.
4. This MOU may only be modified in writing by mutual agreement of both parties.
5. The Association shall defend, hold harmless, and indemnify the County, including its
County's commissioners, employees, and agents from and against any and all claims,
causes of action, losses, damages, expenses (including reasonable attorneys fees) and
other liabilities of any type whatsoever, arising out of or relating to the Association's
negligence, intentional misconduct, or violation of this MOU or applicable law.
6. General Liability Insurance: The Association shall obtain and keep in force a general
liability insurance policy, occurrence based, with a general aggregate limit of no less
than $300,000.00 and a single occurrence limit of$200,000.00. The County shall be
named as additional insured.
Workers Compensation and Employees Liability: The Association shall ensure that
any contactor or subcontractor providing labor pursuant to this MOU shall maintain
Workers Compensation in accordance with the laws of the State of Florida.
Automobile Insurance: If applicable, the Association shall ensure that any contractor
or subcontractor providing labor pursuant to this MOU shall maintain Automobile
Insurance in accordance with the laws of the State of Florida. Evidence of insurance
required per this MOU must be submitted to the County annually by May 1 St of every
year.
7. If the Association does not comply with the terms of this MOU and the requirements
of the right-of-way permit, County has the authority to remove the landscaping and
irrigation in the County's right-of-way.
8. This MOU may only be terminated by either party by providing ninety (90) days
written notice to the other party at the appropriate address below:
If to the Association:
If to the County: Indian River County
Public Works Director
180127 th Street
Vero Beach, Florida 32960
With a copy to: Dylan Reingold
County Attorney
Indian River County
1801 27th Street
Vero Beach, Florida 32960
Association,Inc.
By.
Name/Title:
Date:
INDIAN RIVER COUNTY, FLORIDA
PUBLIC WORKS DEPARTMENT
Director
Date:
Approved as to form and legal sufficiency:
Dylan Reingold
County Attorney