CITY COUNCIL AGENDA ITEM
Memo Date: March 20, 2024
Agenda Date: March 26, 2024
Prepared By: Anthony Garganese, City Attorney
Through:
Requested Action:
title
Approve an Interlocal Agreement transferring to the City of Cocoa the road right-of-way, maintenance, and associated functional responsibilities for James Road west of Friday Road to I-95. End
body
BACKGROUND:
The developer for the Windward Preserve subdivision, located within the City of Cocoa at the southeastern intersection of I-95 and S.R. 528, applied to Brevard County for a permit to construct an extension of James Road within the portion of right-of-way from Friday Road to I-95 (the "James Road Segment"). The proposed extension will provide access to the Windward Preserve subdivision. This access is consistent with the Stipulated Settlement Agreement entered into by the County, the City of Cocoa, and the current developer's predecessor-in-interest on December 11, 2007.
Most of the James Road Segment right-of-way was previously annexed into the City of Cocoa, and the James Road extension will primarily benefit development within the City of Cocoa. For these reasons, staff for the County and the City agree that the City should be responsible for the operation and maintenance of improvements within the James Road Segment. Upon transfer, however, the City and the recently created Winward Preserve Community Development District will enter into an Interlocal Agreement under which the CDD will be responsible for the future operation and maintenance of the improvements that will be constructed by the developer for the project.
The proposed Interlocal Agreement between the County and the City of Cocoa assigns and transfers to the City the right-of-way easement rights of the County, as well as jurisdiction over and full functional responsibility for the James Road Segment. The City's maintenance and functional responsibilities include the road extension, associated roadway drainage facilit...
Click here for full text