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Home My WebLink About2022-227DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT This is a Memorandum of Agreement ("MOA") made and entered into this 15 day of July 20 21 , 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"). WITNESSETH: WHEREAS, the DEPARTMENT is constructing a transportation project for the Oslo Road Widening ("Project"), as depicted in the attached Exhibit "A" and associated with Item / Segment Number 431521-1-52-01; and WHEREAS, the AGENCY is the owner of the facility; 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. If for some reason the DEPARTMENT does not construct the Project, any acquired property shall be conveyed to the AGENCY in accordance with all federal and state regulations, and the AGENCY shall accept the property and comply with all regulations, including making any and all reimbursements to the DEPARTMENT or the Federal Highway Administration ("FHWA") that may be required by said regulations due to the Project not being constructed. 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, DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 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. 5. Prior to and during 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 as well as any required mowing and litter removal during construction. 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: Dan Marwood, Deputy Right of Way Manager - Production Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4237 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: DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 County Attorney Indian River County 1801 27th Street Vero Beach, FL 32960 8. Multiple copies of this MOA may of which shall be deemed to be an original. be the date the last party signed this MOA. be fully executed by all parties, each The date entered above where indicated shall REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 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: DocuSlgned by: Print Name: FOR DEPARTMENT: FLORIDA DEPARTMENT OF T I?QKTATPN, DISTRICT FOUR Stu" f3V'o-b" BY EE Steven C. Braun, P.E. Director of Transportation Development Apprn�yral: District Four Attorney FOR AGENCY: ATTEST: Jeffrey R. Smith BOARD OF COUNTY COMMISIONSERS Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA :A By: Deputy Clerk Joseph E. FMes_chgr, * ;� Chairman ,,.. .. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. Cebri57 Deputy County Attorney This Memorandum of Agreement has been duly authorized and approved on March 16. 2021 by Indian River County Resolution No. 2021-023 POND C BEGIN PROJECT j STA. 301+05.00 CIL CONST. CR 606 I I I I I I I it �_ II _i II CR 606 I OSLO RD / SVV 9th ST jI 431521.1-52-01 OSLO ROAD WIDENING PROJECT CR 606 I OSLO RD / 9th ST I END PROJECT _ STA. 441 +76.60 CIL CONST. CR 606 sit W� =I I ii m�. u- EXHIBIT A: ROW LOCATIONS DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 RESOLUTION 2021- 023 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 WIDENING OF OSLO ROAD/CR606 FROM 82ND AVENUE SW TO 58TH AVE SW. WHEREAS, the BCC previously accepted a resolution number 2017-023, in support of the widening improvements to Oslo Road/CR606 from 82nd Avenue SW to 58th Avenue SW, Indian River County; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River Count execute and deliver to the State of Florida, Department of Transportation, the Right of Way Acquisitio Memorandum of Agreement for the aforementioned project; and WHEREAS, a resolution to execute the Right of Way Acquisition Memorandum of Agreement 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 0' Bryan who moved its adoption. The motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams, Commissioner Joe Earman, Commissioner Laura Moss, Commissioner AYE AYE The Chairman thereupon declared the resolution duly passed and adopted this--'-,- 16th his="- 16th day of March 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Rv! Attest: Jeffrey R. Smith, Clerk of C"�ourt and Comptroller � By: Deputy Clerk Approved as to form and legal sufficiency: By /M f William K. DeBraal, Deputy Attorney