TO: Mayor and Commissioners
FROM: John Morgan, Director Environmental Services Department
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: February 7, 2017
Title
FOURTH & FIFTH DELRAY HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE OF FLORIDA RIGHT-OF-WAY
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Recommended Action:
Recommendation
Motion to accept a Hold Harmless Agreement for work in Florida Department of Transportation's (FDOT) right-of-way.
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Background:
The Fourth & Fifth Delray Project is the redevelopment of 1.71 acres of an existing site. The site is located south of an alley approximately 185 feet south of Atlantic Avenue; east of SE 4th Avenue; west of SE 5th Avenue; and north of SE 1st Street in the City of Delray Beach. The site will be developed into a 43,629 SF movie theater (IPIC), 8,224 SF retail space, 42,660 SF office space, and a 275 space parking garage. The project will also include the construction of a stormwater management system and utility infrastructure. The utility infrastructure will include a water main connection in the State right-of-way (Federal Highway) and any pavement restoration associated with this work. In order to apply for a FDOT Utiltiy Permit the City is required to sign an application on behalf of the Developer to allow the installation/construction to take place in the State right-of-way.
The proposed Hold Harmless Agreement requires Developer to hold harmless and defend the City and the State for the work performed in the aforementioned right-of-way.
After the execution of this agreement is finalized, the City will sign the permit application for the work performed in the State right-of-way.
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
Finance recommends approval.
Funding Source:
N/A
Timing of Request:
Timing of this item is very important. The developer is required to have all permits in hand prior to closing of property. Approval of this Hold Harmless Agreement is ...
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