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HomeMy WebLinkAbout1991 Preliminary Transfer Agreement • BOD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone:(407)567-8000 C 1—�?, Suncom Telephone:224-1011 -L.1: 1\ Julie 17 , 1991 Mr. Rob McClary, City Manager City of Sebastian w JUN ION P.O. Box 780-127 v S Received ebastian, Florida 32958 0 Cityklemesile Office SUBJECT: Road Transfer Agreement cs) 4') Indian River Drive 9S�F�� �Jb� Dear Rob: Thanks to you and Daniel Eckis for attending the Transportation Planning Committee meeting Wednesday, June 12, 1991. I will be available at your request to conduct a public hearing in Sebastian on the CR 512 issue once we receive railroad information from the F.E.C. I am enclosing a Preliminary Draft Agreement which transfers Indian River Drive to the City. Please give me any comments you may have. The County has removed tree stumps along Indian River Drive as requested by the City. Thanks for you cooperation. Sincerely, Jaras W. Davis, P.E. Public Works Director JWD:blp transfer. enclosure: 1) Road Transfer Agreement cc: James Chandler, County Administrator Terry O'Brien, Assistant County Attorney Albert VanAuken, Superintendent, Road and Bridge Division • • ROAD TRANSFER AGREEMENT Between INDIAN RIVER COUNTY And CITY OF SEBASTIAN, FLORIDA L ! k.1 i►. °l:t ,�a z.i ivlLJj;� i L 1. 1j A n'y`\ • • ROAD TRANSFER AGREEMENT Between INDIAN RIVER COUNTY And CITY OF SEBASTIAN, FLORIDA THIS AGREEMENT made and entered into this day of , 19 , by and between: INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND The CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, the road identified and known to the parties as Indian River Drive, hereinafter referred to as "Road," located within the CITY in the corporate limits of the CITY is in the COUNTY road system; and WHEREAS, the responsibility for the operation and maintenance of Road is the COUNTY'S; and WHEREAS, the CITY has requested that the responsibility for the planning, design, construction, improvement and maintenance of the Road be transferred to it; and WHEREAS, the COUNTY is agreeable to the proposed transfer conditioned on the following terms and conditions; NOW, THEREFORE, In consideration of the promises and the mutual covenants contained herein, the parties hereby agree as follows: 1. COUNTY agrees that in consideration of promises, covenants and indemnification given by CITY in this Agreement, COUNTY relinquishes any and all legal rights and responsibilities with respect to the Road, subject to the terms and conditions set forth herein, and hereby transfers to CITY, and CITY agrees to accept, all legal rights, responsibilities and obligations with respect to the Road as required by law. i �l i 11-",it 7 L7�� �i��Lit� W i ADVi 1 • • 2. The COUNTY and CITY agree that this Agreement is limited solely to the Indian River Drive right of way lying within the corporate limits of the CITY. 3. The COUNTY agrees to make any repairs necessary to bring the road up to acceptable standards before the CITY takes over maintenance. 4. The CITY agrees that nothing in this Agreement shall be construed as extinguishing, limiting or restricting the COUNTY'S right to use or allow the use of said right of way for public utility purposes. 5. The COUNTY agrees that the CITY may make or allow alterations in said right of way consistent with its riverfront plans but subject to paragraph 6 infra. 6. CITY shall, prior to the implementation of any improvements, submit associated plans and specifications, for review and approval to the Director of Public Works of Indian River County . 7. CITY shall, at its sole cost and expense, indemnify, defend and hold harmless the COUNTY, its officers, agents and employees from and against any all claims, legal or suit actions, damages, liabilities, expenditures, or causes of action of any kind or nature that may be filed against the COUNTY, its officers, agents and employees arising from the planning, design, construction, improvement and maintenance of the Road, located in the corporate limits of the CITY, pursuant to this Agreement, or resulting or accruing from any negligent act, omission or error, conduct or misconduct of CITY, its agents, servants or employees arising out of the performance of this Agreement, resulting in or relating to, injuries to body, life, limb or property sustained in, about or upon said Road or arising from the use of said Road. It is specifically understood and agreed that the indemnification provisions of this Agreement do not cover or indemnify the COUNTY for the negligence of the COUNTY or its employees. 8. CITY shall, defend, at its sole costs and expense, any legal action, claim, or proceeding instituted by any person against the COUNTY as a result of any claim, suit or cause of action accruing from this Agreement, for injuries to body, life, limb or property as set forth above. 9. CITY shall save the COUNTY harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. i) ' ;: ! , Lr'uUuuuL \jii 2 , • 0 • 10. The covenants and representations relating to the indemnification provisions herein shall survive this Agreement and continue in full force and effect as the CITY'S responsibility to indemnify COUNTY. 11. The term of this Agreement shall commence on the date that responsibility for the operation and maintenance of the Road is transferred to CITY which shall be when COUNTY completes the work required by paragraph #3 and the Director of Public Works certifies that the work is complets, and shall continue until the same is terminated by mutual assent of the parties hereto. 12. Written notice with respect to this Agreement shall be delivered to the office of the Indian River County Administrator and the office of the City Manager of the City of Sebastian, respectively. IN WITNESS WHEREOF, the parties hereto have made and executed this Road Transfer Agreement on the respective dates under each signature: INDIAN RIVER COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman authorized to execute same and CITY OF SEBASTIAN, FLORIDA, signing by and through its Mayor, duly authorized to execute same. COUNTY ATTEST: INDIAN RIVER COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Jeffrey K. Barton, Clerk Richard N. Bird, Chairman day of , 19_. (SEAL) CITY ATTEST: CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida By City Clerk Mayor day of , 19 . (CORPORATE SEAL) y t,r (See Page 5 for Certification) 3 • The work required by COUNTY, as set forth in paragraph #3 above, has been completed and the responsibility for the road under this Agreement is now the CITY'S as of , 1991 at .m. (date) (time) James W. Davis Director of Public Works 4 c3' 7 of'13S-N)s-po OP PELICAN City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 DATE: January 16, 1992 TO: Robert S. McClary, City Manager FROM: Daniel C. Eckis, PE City Engineer/Public ' orks Department RE: Indian River Drive Road Transfer Contract Please find enclosed a copy of the Road Transfer Agreement between Indian River County and the city of Sebastian. It is a preliminary and advance copy for your review. The Engineering Dept . is in the process of determining the existing conditions of the improvements within the right of way, and are currently preparing an As Built Survey to this end. Upon the completion of the As Built Survey an evaluation and report will be prepared by this office listing the deficiencies or problems located within the right of way and proposed remedies prior to acceptance . 9/122 • §qv o worvc. � soP yQg40° 4E S� OF PELICAN City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570 SUBJECT: Indian River Drive ) Agenda No. 9/i22.- ) ) Dept. of Origin: City Manager ) Approved For Submittal By: ) Date Submitted: 01/21/92 ) ) For Agenda Of: 02/05/92 City Manager /74-b ' ) Exhibits: ) - Preliminary Contracts ) - Eckis Memo Dated 01/16/92 ) ) EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The Riverfront Committee Report recommended that the City enter into an Interlocal Agreement with Indian River County so that Indian River Drive would be under the City's jurisdiction. City staff is generally in agreement with the provisions of the proposed contract with the exception of paragraph 6, which would require prior County approval for any improvements made by the City. This paragraph appears to negate the objective of the City wanting jurisdiction on Indian River Drive. Before requesting a negotiating session with Indian River County, staff would like to get input and direction from the City Council. RECOMMENDED ACTION Review proposed preliminary Interlocal Agreement regarding Indian River Drive. 9/122 F • • ROAD TRANSFER AGREEMENT Between INDIAN RIVER COUNTY And CITY OF SEBASTIAN, FLORIDA THIS AGREEMENT made and entered into this day of , 19_, by and between: INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND The CITY OF SEBASTIAN, FLORIDA, a municipal corporation existing under the laws of the State, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, the road identified and known t o the p arties as Indian River Drive, hereinafter referred to as "Road," located within the CITY in the corporate limits of the CITY is in the COUNTY road system; and WHEREAS, the responsibility for the operation and maintenance of Road is the COUNTY'S; and WHEREAS, the CITY has requested that the responsibility for the planning, design, construction, improvement and maintenance of the Road be transferred to it; and WHEREAS, the COUNTY is agreeable to the proposed transfer conditioned on the following terms and conditions; NOW, THEREFORE, In consideration of the promises and the mutual covenants contained herein, the parties hereby agree as follows: 1. COUNTY agrees that in consideration of promises, covenants and indemnification given by CITY in this Agreement, COUNTY relinquishes any and all legal rights and responsibilities with respect to the Road, subject to the terms and conditions set forth herein, and hereby transfers to CITY, and CITY agrees to accept, all legal rights, responsibilities and obligations with respect to the Road as required by law. n n m w liti Lokuutaiid 1 9//Z2 w , • • 2. The COUNTY and CITY agree that this Agreement is limited solely to the Indian River Drive right of way lying within the corporate limits of the CITY. 3. The COUNTY agrees to make any repairs necessary to bring the road up to acceptable standards before the CITY takes over maintenance. . 4. The CITY agrees that nothing in this Agreement shall be construed as extinguishing, limiting or restricting the COUNTY'S right to use or allow the use of said right of way for public utility purposes. 5. The COUNTY agrees that the CITY may make or allow alterations in said right of way consistent with its riverfront plans but subject to paragraph 6 infra. 6. CITY shall, prior to the implementation of any improvements, submit associated plans and specifications, for review and approval to the Director of Public Works of Indian River County . 7. CITY shall, at its sole cost and expense, indemnify, defend and hold harmless the COUNTY, its officers, agents and employees from and against any all claims, legal or suit actions, damages, liabilities, expenditures, or causes of action of any kind or nature that may be filed against the COUNTY, its officers, agents and employees arising from the planning, design, construction, improvement and maintenance of the Road, located in the corporate limits of the CITY, pursuant to this Agreement, or resulting or accruing from any negligent act, omission or error, conduct or misconduct of CITY, its agents, servants or employees arising out of the performance of this Agreement, resulting in or relating to, injuries to body, life, limb or property sustained in, about or upon said Road or arising from the use of said Road. It is specifically understood and agreed that the indemnification provisions of this Agreement do not cover or indemnify the COUNTY for the negligence of the COUNTY or its employees. 8. CITY shall, defend, at its sole costs and expense, any legal action, claim, or proceeding instituted by any person against the COUNTY as a result of any claim, suit or cause of action accruing from this Agreement, for injuries to body, life, limb or property as set forth above. 9. CITY shall save the COUNTY harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. r 0Th 1621 Ci , rGu sL3_ Afly Aria ;oPY 2 • • • 10. The covenants and representations relating to the indemnification provisions herein shall survive this Agreement and continue in full force and effect as the CITY'S responsibility to indemnify COUNTY. 11. The term of this Agreement shall commence on the date that responsibility for the operation and maintenance of the Road is transferred to CITY which shall be when COUNTY completes the work required by parag rap h #3 and the Director of Public Works certifies that the work is complets, and shall continue until the same is terminated by mutual assent of the parties hereto. 12. Written notice with respect to this Agreement shall be delivered to the office of the Indian River County Administrator and the office of the City Manager of the City of Sebastian, respectively. IN WITNESS WHEREOF, the parties hereto have made and executed this Road Transfer Agreement on the respective dates under each signature: INDIAN RIVER COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman authorized to execute same and CITY OF SEBASTIAN, FLORIDA, signing by and through its Mayor, duly authorized to execute same. COUNTY ATTEST: INDIAN RIVER COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Jeffrey K. Barton, Clerk Richard N. Bird, Chairman day of , 19_ (SEAL) CITY ATTEST: CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida By City Clerk Mayor day of , 19_. (CORPORATE SEAL) �] (See Page 5 for Certification) QDVAr4CE (;'(,p 3