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Home My WebLink About2022-225RIGHT 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 political subdivision of the State of Florida ("AGENCY"). W/ TNESSETH: WHEREAS, the DEPARTMENT is constructing a transportation project for the 1-95 and Oslo Road Interchange ("Project"), as depicted in the attached Exhibit "A" and associated with Item / Segment Number 413048-2-52-01; and WHEREAS, the AGENCY is the owner of Oslo Road; 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 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 in the best interest of the public to promote a cooperative effort between the DEPARTMENT and the AGENCY for the successful completion of the Project. 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 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 facilities, including excess property acquired by the DEPARTMENT on behalf of the AGENCY, except areas designated as limited access right-of-way. The limited access right-of-way areas are shown in Exhibit "B". If for some reason the DEPARTMENT does not construct the Project, any acquired property, except for areas designated as limited access right-of-way shall be conveyed to the AGENCY by Quit Claim Deed containing a reverter clause limiting the use to highway purposes in accordance with all federal and state regulations, and the AGENCY shall accept the property and comply with all regulations. 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 the conveyance documents shall run with the land. This provision shall survive the termination of this MOA. 4. Notwithstanding any other provision herein to the contrary, the DEPARTMENT shall not be responsible for any costs or attorney fees arising out of any liabilities or obligations incurred regarding the right of way after the transfer of property. Maintenance prior to and during construction: A. The following shall apply to areas designated in Exhibit "B" as limited access right- of-way: Prior to construction of the Project by the DEPARTMENT, the AGENCY shall be responsible for the maintenance of all properties acquired for the Project by the DEPARTMENT, keeping them in a safe condition. This includes responding to and addressing Code Enforcement violations and complaints from the public. B. The following shall apply to areas designated in Exhibit "B" as non -limited access right-of-way: Prior to construction of the Project by the DEPARTMENT, the AGENCY shall be responsible for the maintenance of all properties acquired for the Project by the DEPARTMENT, keeping them in a safe condition. This includes responding to and addressing Code Enforcement violations and complaints from the public. During Construction of the Project by the DEPARTMENT, the AGENCY is responsible for mowing and litter removal unless a Locally Funded Agreement (LFA) is entered into that includes this work. 6. To the extent provided by law, the AGENCY shall indemnify, defend and hold harmless the DEPARTMENT and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the AGENCY, its agents or employees during acquisition and other related activities on the Project except that neither the AGENCY, its officers, agents or employees will be liable for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents or employees during the performance of acquisition and other related activities on the Project. 7. Any and all notices given or required under this MOA shall be in writing and either hand - delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be directed as follows: As to the DEPARTMENT: Anson Sonnett, P.E., Project Manager Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4474 With copy to: Daniel Marwood, Deputy Right of Way Manager - Production Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4238 As to the AGENCY: Richard B. Szpyrka, P.E. Public Works Director Indian River County 1801 27th Street Vero Beach, FL 32960 (772) 226-1234 With copy to: County Attorney Indian River County 1801 27th Street Vero Beach, FL 32960 Multiple copies of this MOA may be fully executed by all parties, each of which shall be deemed to be an original. The date entered above where indicated shall be the date the last party signed this MOA. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have made and caused this Memorandum of Agreement to be authorized and duly executed on behalf of their respective entities. Administrative Assistant: Print Name:-Aitif/-,-,Hk,- ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller ,Ilk ) 7 A ! r rMr; 1 1 1 By:4, t� 1 VV Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY 4" William K. DeBraal Deputy County Attorney FLORIDA DEPARTMENT OF TRANSPQRT,ATIONIISTRICT FOUR Steven VBYau,P. . Director of Transportation Development Legal Approval:----� District Four Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B This Memorandum of Understanding has been duly authorized and approved on January 7, 2020 by County Resolution No. 2020-00,1 EXHIBIT A Project Layout EXHIBIT B Limited Access Right-of-way Alm mwm MM AWN WI In4am mun irr Maas arm iwwn w raua� �� wsn m+ aa+ar+ a rrn AJAIMd ra arvn ilk �,• i �r "a• rnw� r+r . • aia loam 41 H i +wa an�nn aiaa -�� "M�UON 60191646th ��A � � 4WOUMO ARM )a1461H esueyal.�e;u1 MON PROM o1SO ;a94" � RESOLUTION NO. 2020-001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ACQUISITION OF RIGHT OF WAY FOR THE RELOCATION OF 82"D AVENUE, CUL-DE-SAC CONSTRUCTION ON 861H AVENUE SW, IMPROVEMENTS ON 13TH STREET SW, DRAINAGE IMPROVEMENTS, RECONSTRUCTIONS/RELOCATION OF EXISTING ROADWAYS, SIDEWALKS, CURB RAMS, PEDESTRIAN CROSSINGS, AND OTHER RELATED IMPROVEMENTS FOR THE OSLO ROAD AND 1-95 INTERCHANGE PROJECT. WHEREAS, the BCC previously accepted a resolution number 2017-022, in support of the improvements to Oslo Road/CR 606 and SR9/1-95, providing an interchange connection to 1-95 from Oslo Road; and WHEREAS, FDOT is authorized by Florida Statutes and Federal funding provisions to undertake projects within the geographical limits of Indian River County; and WHEREAS, those improvements are being managed by the FDOT more particularly described as Financial Project No. 413048-2-52-01, which involves the design, acquisition of rights-of-way, construction of an interchange at Oslo Road and 1-95, drainage improvements, reconstruction/relocation of existing roadways, sidewalks, curb ramps, pedestrian crossings, and other related improvements. WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to for the cost for right-of-way acquisition and Construction of the project; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, the Right of Way Acquisition Memorandum of Agreement for the aforementioned project; and WHEREAS, a resolution to execute the Right of Way Acquisition Memorandum of Agreement for the aforementioned project is required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, the Right of Way Acquisition Memorandum of Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner Fi Psrhpr who moved its adoption. The motion was seconded by Commissioner Zorc and, upon being put to a vote, the vote was as follows: Chairman Susan Adams AYE Vice -Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Tim Zorc AYE Page 1 of 2 The Chairman thereupon declared the resolution passed and adopted this 7th day of January, BOARD OF COUNTY OF INDIAN RIVER CC By. Attest: Jeffrey R. Smith, Clerk of Court a�d Comptroller f 111 Deputy Clerk Approved as to Form and Legal Sufficiency e&" William K. DeBraal, Deputy County Attorney Page 2 of 2