Loading...
HomeMy WebLinkAbout1992-065kV4/9J/B9(REdO)LLc2AL(W[i c'/nhm) RESOLUTION NO. 92- 65 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AGREEMENTS BETWEEN INDIAN RIVER COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATED TO THE RELOCATION OF THE MERRILL BARBER BRIDGE. WHEREAS, Indian River County holds title to certain property which the Florida Department of Transportation wishes to utilize for right-of-way and associated easements for the relocation of the Merrill Barber Bridge; and WHEREAS, agreements have been oreuared related to the acquisition of permanent easements and rights-of-way for the Merrill Barber Bridge (State Parcel No. 801, State Parcel No. 802, and State Parcel No. 101), NOW, THEREFORE, the Board having considered these agreements and upon recommendation of its staff, it is hereby resolved that the Chairman of the Board of County Commissioners of Indian River County, Florida be authorized to execute the aforementioned agreements between the Florida Department of Transportation and Indian River County for the acquisition of permanent easements and rights-of-way for the relocated Merrill Barber Bridge (State Parcel Nos. 801, 802 and 101). The foregoing resolution was offered by Commissioner Wheeler and seconded by Commissioner Scurlock , and, being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 28 day of April , 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: aC Carolyr Eggert an airm ATTEST: Je K... Barto: '` _ Indian Porer Co, ApOfOved Dalo Admin. Legal ae-c Budgel _C/o Dept /-ZZ- f Fglsk Mgr. AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY FOR THE ACQUISITION OF PERMANENT EASEMENTS FOR THE MERRILL BARBER BRIDGE STATE PARCEL NO. 801 This Agreement entered into this Z& day of l 199 , by and between State of Florida Department of Transportation, hereinafter referred to as "DEPARTMENT" and Indian River County, hereinafter referred to as "COUNTY"; WITNESSETH: WHEREAS, the COUNTY has acquired all of the land known as Government Lot 4, (in Section 31, Township 325, Range 40E) lying east of Indian River Boulevard, said acquisition being designated County Parcel No. 110 comprising 43.770 acres; and WHEREAS, the COUNTY has acquired this land by condemnation proceedings and an order of taking from the court, and the COUNTY has incurred certain costs during that acquisition; and WHEREAS, the amount awarded to the former owners has yet to be determined by jury trial, and such future award may increase the cost of acquisition to the County above the amount deposited pursuant to the Order of Take; and WHEREAS, the DEPARTMENT needs to acquire a permanent easement over a portion of the land acquired by the COUNTY so that the DEPARTMENT can perform mitigation for a new high level bridge on State Road 60 to replace the existing Merrill Barber Bridge No. 880054 over the Intracoastal waterway; and WHEREAS,. the DEPARTMENT has prepared a Right -of -Way Map for the State Project No. 88030-2514 showing the land needed for the state project, and that map shows the following areas to be acquired by the DEPARTMENT from the lands acquired by the COUNTY under County Parcel No. 110. State Parcel No. 801 - 16.923 acres of permanent easement for mitigation purposes. NOW, THEREFORE, the parties agree as follows: 1. The COUNTY will convey to the DEPARTMENT the following described property for mitigation of the new bridge within thirty days of execution of this agreement: Convey a permanent easement over the parcel of land shown on the above noted map as Parcel No. 801. 2. The DEPARTMENT will pay a pro -rata share of the COUNTY'S cost of acquisition of County Parcel No. 110. The COUNTY acquired 43.77 acres, which was appraised on the following basis: The COUNTY has paid $495,000 to the former owners of the Property pursuant to the Order of Taking procedure for the property acquired by the COUNTY for mitigation of Indian River Boulevard. The DEPARTMENT wishes to utilize a portion of the COUNTY acquired property for its own mitigation purposes for the Merrill Barber Bridge. Therefore, the agreed DEPARTMENT pro -rata share of the COUNTY'S cost of acquisition as described in paragraphs 3, 4 and 5 of this agreement will be 81.56% of the total. This share is calculated as a ratio of the appraised value of the land which the DEPARTMENT wishes to acquire for its mitigation purposes, to the total appraised value of the whole parcel acquired by the COUNTY for its construction and mitigation purposes ($403,732/$495,000). 3. The DEPARTMENT will pay $403,732 (81.56% of $495,000) to the COUNTY within 30 days of the receipt of the permanent easement to be conveyed pursuant to this agreement. This payment will represent the first installment of the total payment for Parcel No. 801. 4. Upon a final determination by the Court of the amount to be paid to ,the former owners of the property, the DEPARTMENT will pay to the COUNTY its pro -rata share (81.56%) of any additional amounts paid to the former owners. However, such additional amounts to be paid by the DEPARTMENT shall not exceed $300,000. The DEPARTMENT will make this payment within 90 days of the receipt of an invoice from the COUNTY. pareol.mar Parcel 801 - Page 2 of 5 DEPARTMENT Value of Appraised COUNTY Land DEPARTMENT Type of Land Value Acquisition Requirement . Land Upland $28,000/Acre 14.061 Acre 14.061 Acre $393,712 Wetland 3,500/Acre 29.709 Acre 2.862 Acre 10,020 43.770 Acre 16.923 Acre $403,732 The COUNTY has paid $495,000 to the former owners of the Property pursuant to the Order of Taking procedure for the property acquired by the COUNTY for mitigation of Indian River Boulevard. The DEPARTMENT wishes to utilize a portion of the COUNTY acquired property for its own mitigation purposes for the Merrill Barber Bridge. Therefore, the agreed DEPARTMENT pro -rata share of the COUNTY'S cost of acquisition as described in paragraphs 3, 4 and 5 of this agreement will be 81.56% of the total. This share is calculated as a ratio of the appraised value of the land which the DEPARTMENT wishes to acquire for its mitigation purposes, to the total appraised value of the whole parcel acquired by the COUNTY for its construction and mitigation purposes ($403,732/$495,000). 3. The DEPARTMENT will pay $403,732 (81.56% of $495,000) to the COUNTY within 30 days of the receipt of the permanent easement to be conveyed pursuant to this agreement. This payment will represent the first installment of the total payment for Parcel No. 801. 4. Upon a final determination by the Court of the amount to be paid to ,the former owners of the property, the DEPARTMENT will pay to the COUNTY its pro -rata share (81.56%) of any additional amounts paid to the former owners. However, such additional amounts to be paid by the DEPARTMENT shall not exceed $300,000. The DEPARTMENT will make this payment within 90 days of the receipt of an invoice from the COUNTY. pareol.mar Parcel 801 - Page 2 of 5 5. The DEPARTMENT will pay to the COUNTY a 81.568 pro -rata share of all the landowners fees and costs that are required to be paid by the COUNTY, either by negotiation or by court ordered judgement. However, such amount to be paid by the DEPARTMENT shall not exceed $200,000. The COUNTY shall not render an invoice to the DEPARTMENT for these costs until all litigation and appeals on County Parcel No. 110 are completed and the judge has rendered a judgement as to the fees that the above referenced parties may be entitled to. The DEPARTMENT will make this payment within 90 days of the receipt of an invoice from the COUNTY. 6. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. The DEPARTMENT acknowledges that the property is subject to a Rotational Impoundment Management agreement and Access and Maintenance Easements in favor of and with the Indian River County Mosquito Control District which was required as mitigation under permits acquired by COUNTY to construct Indian River Boulevard. 7. This Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the litigation is completed and appropriate reimbursements are made. 8. In the event this Agreement is in excess of Twenty-five thousand dollars ($25,000) and has a term for a period of more than one year, the provisions of Chapter 339.135(7)(a), Florida Statutes are hereby incorporated. "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The department shall require a statement from the Comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services, to be rendered or agreed to be paid for in succeeding fiscal years and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than one year." 9. The COUNTY agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items encompassed by this Agreement. pare0l.tmr Parcel 801 - Page 3 of 5 10. Such books and records shall be available at all reasonable times for examination and audit by the DEPARTMENT as well as other State and Federal auditors and shall be kept for a period of five (5) years after the completion of all work to be performed pursuant to this Agreement. 11. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY to solicit or secure this Agreement and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 12. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. pa[BOi.mer Parcel 801 - Page 4 of 5 IN WITNESS WHEREOF, the COUNTY has caused t4is Agreement to be executed in its behalf this 28 day of Apri 19 92 by the Board of County Commissioners - .,authorized to enter into and execute same by Resolution No. g�_of the Board on the 28 day of April , 1g 42 and the DEPARTMENT has executed this Agreement through its District Secretary for District Four, F1 rida Department of Transportation, this up day of , 19�. The effective date of this Agreement shall be the date the last party to this Agreement has signed. INDIAN RIVER COUNTY, FLORIDA STATE OF DEPARTMENT %%LDA OFITRANSPORTATION It By:;7f� y,Z By. C it' r ry ;''Caro Eggert District Secretary ' ATT ` ATTEST: ClerkS T e Executive3becretary Seal APPROVED: �' e By: Local Government iIndlan River CoJApproved Date 1 Admin. e o Xr_ e Legal ,i•�7 'r z -- Bud Bud et �-- Pub.Wk.! L Eng. Risk Xgr. APPROVED: By: istrict Legal Counsel FUNDS APPROVAL: DATE: Office Of The Comptroller parl01.mar Parcel aol - Page 5 of 5 AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY FOR THE ACQUISITION OF RIGHTS OF WAY FOR THE MERRILL BARBER BRIDGE STATE PARCEL NO. 101 This Agreement entered into this 7.(e day of bt,q 199 ?/, by and between State of Florida Depart enrt� t of Transportation, hereinafter referred to as "DEPARTMENT" and Indian River County, hereinafter referred to as "COUNTY"; WITNESSETH: WHEREAS, the COUNTY has acquired all of the land known as Government Lot 5, (in Section 31. Township 32S, Range 40E and Section 36, Township 32S, Range 39E) lying east of Indian River Boulevard, said acquisition being designated County Parcel No. 103 Comprising 54.25 acres; and WHEREAS, the COUNTY has acquired this land by condemnation proceedings and an order of taking from the court, and the COUNTY has incurred certain costs during that acquisition; and WHEREAS, the amount awarded to the former owners is under appeal, which may increase the cost of acquisition to the COUNTY; and WHEREAS, the DEPARTMENT needs to acquire a portion of the land acquired by the COUNTY so that the DEPARTMENT can construct a new high level bridge on State Road 60 to replace the existing Merrill Barber Bridge No. 880054 over the Intracoastal Waterway; and WHEREAS, the DEPARTMENT has prepared a Right -of -Way Map for the State Project No. 88030-2514 showing the land needed for the state project, and that map shows the following areas to be acquired by the DEPARTMENT from the lands acquired by the COUNTY under County Parcel No. 103. State Parcel No. 101 - 11.021 acres acquired in fee simple. • State Parcel NO. 802 - 7.485 acres of permanent easement for mitigation purposes. • The total area of these two parcels is 18.506 acres. par101.rtnr Parcel 101 - Page 1 of 5 NOW, THEREFORE, the parties agree as follows: 1. The COUNTY will convey to the DEPARTMENT the following described property for construction of the new bridge within 30 days of the execution of this agreement: la) Convey by Quit -Claim Deed, in fee simple, the parcel of land shown on the DEPARTMENT'S Right -of -Way Map for State Project No. 88030-2514 as Parcel NO. 101. lb) Convey a permanent easement over the parcel of land shown on the above noted map as Parcel No. 802. 2. The DEPARTMENT will pay a pro -rata share of the COUNTY'S cost of acquisition of County Parcel No. 103. The COUNTY acquired 54.25 acres which was appraised on the following basis: The COUNTY has paid $366,000 to the former owners of the property pursuant to the Order of Take procedure for the property acquired by the COUNTY for mitigation of Indian River Boulevard. The DEPARTMENT wishes to utilize a portion of the COUNTY acquired property for right-of-way and for its own mitigation purposes for the Merrill Barber Bridge. Therefore, the agreed DEPARTMENT pro -rata share of the COUNTY'S cost of acquisition as described in paragraphs 3, 4 and 5 of this agreement will be 80.5% of the total. This share is calculated as the ratio of the appraised value of the land which the DEPARTMENT wishes to acquire for construction of Merrill Barber Bridge as a portion of the total land acquired by the COUNTY for construction and mitigation of Indian River Boulevard, to the total appraised value of the whole parcel ($294,612/$366,000). 3. The DEPARTMENT will pay $294,612 (80.5% of $366,000) to the COUNTY within 90 days of the receipt of the property to be conveyed, pursuant to this agreement. This payment will represent the first installment of the total payment for Parcel No. 101 and Parcel No. 802. 4. Upon a final determination by the Court of the amount to be paid to the former owners of the property, the DEPARTMENT will pay to the COUNTY its pro -rata share (80.58) of any additional amounts paid to the former owners. However, such additional amounts to be paid by the DEPARTMENT shall not exceed $300,000. The DEPARTMENT will make this payment within 90 days of the receipt of an invoice from the COUNTY. par10' ma- Parcel 101 - Page 2 of 5 DEPARTMENT Value of Appraised COUNTY Land DEPARTMENT Type of Land Value Acquisition Requirement Land Upland $30,000/Acre 9.20 Acre 9.20 Acre $276,000 Wetland $ 2,000/Acre 45.05 Acre 9.306 Acre 18,612 54.25 Acre 18.506 Acre $294,612 The COUNTY has paid $366,000 to the former owners of the property pursuant to the Order of Take procedure for the property acquired by the COUNTY for mitigation of Indian River Boulevard. The DEPARTMENT wishes to utilize a portion of the COUNTY acquired property for right-of-way and for its own mitigation purposes for the Merrill Barber Bridge. Therefore, the agreed DEPARTMENT pro -rata share of the COUNTY'S cost of acquisition as described in paragraphs 3, 4 and 5 of this agreement will be 80.5% of the total. This share is calculated as the ratio of the appraised value of the land which the DEPARTMENT wishes to acquire for construction of Merrill Barber Bridge as a portion of the total land acquired by the COUNTY for construction and mitigation of Indian River Boulevard, to the total appraised value of the whole parcel ($294,612/$366,000). 3. The DEPARTMENT will pay $294,612 (80.5% of $366,000) to the COUNTY within 90 days of the receipt of the property to be conveyed, pursuant to this agreement. This payment will represent the first installment of the total payment for Parcel No. 101 and Parcel No. 802. 4. Upon a final determination by the Court of the amount to be paid to the former owners of the property, the DEPARTMENT will pay to the COUNTY its pro -rata share (80.58) of any additional amounts paid to the former owners. However, such additional amounts to be paid by the DEPARTMENT shall not exceed $300,000. The DEPARTMENT will make this payment within 90 days of the receipt of an invoice from the COUNTY. par10' ma- Parcel 101 - Page 2 of 5 5. The DEPARTMENT will pay to the COUNTY a 80.5% pro -rata share of all the landowners fees and costs that are required to be paid by the COUNTY, either by negotiation or by court ordered judgement. However, such amount to be paid by the DEPARTMENT shall not exceed ;100,000. The COUNTY shall not render an invoice to the DEPARTMENT for these costs until all litigation and appeals on County Parcel No. 103 are completed and the judge has rendered a judgement as to the fees that the above referenced parties may be entitled to. The DEPARTMENT will make this payment within 90 days of the receipt of an invoice from the COUNTY. 6. This Agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. DEPARTMENT acknowledges that the property is subject to a Rotation Impoundment Management Agreement and Access and Maintenance Easements in favor of and with the Indian River Mosquito Control District, which was required as mitigation under permits acquired by COUNTY to construct Indian River Boulevard. 7. This Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the litigation is completed and appropriate reimbursements are made. 8. In the event this Agreement is in excess of Twenty-five thousand dollars (;25,000) and has a term for a period of more than one year, the provisions of Chapter 339.135(7)(x), Florida Statutes are hereby incorporated. "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The department shall require a statement from the Comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services, to be rendered or agreed to be paid for in succeeding fiscal years and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than one year." 9. The COUNTY agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items encompassed by this Agreement. L par101. ever Parcel 101 - Page 3 of 5 VD. Such books and records shall be available at all reasonable times for examination and audit by the DEPARTMENT as well as -other State and Federal auditors and shall be kept for a period of five (5) years after the completion of all work to be performed pursuant to this Agreement. 11. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY to solicit or secure this Agreement and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 12. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modifications, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. par101.mar Parcel 101 - Page 4 of 5 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this 28 day of April lg 92 by the Board of County Commissioners - authorized to enter i11 nto and execute same by Resolution No.of the Board on the 28 . day of Apri 1 ,9219 92 the DEPARTMENT has executed this Agreement through its District Secretary for District Four,Ida Department of Transportation, this day of , 1912— The effective date of this Agreement shall be the date the last party to this Agreement has signed. INDIAN VE COUNTY, FLORIDA By : 4st��" .e • 9— Chairn006 CarpfA K. Eggert AT S. v Clerk 7 S APPROVE : By: Local Government 11ndlan River ColAp roved) Date I (Admin. I'PfP I'i-tt•-bt Legal '(•J) 7`'� (Budget Y )< Pub.Mk. 1E.ag• (Risk Mgr. STATE OF FLORIDA DEPARTMENT OF TTRANSPORTATION By:. ti istrict Secretary ATTEST: Executive- ecretary Seal APPROVED: By I& Legal Counsel FUNDS APPROVAL: DATE: Office Of The Comptroller Parcel 101 - Page 5 of 5