CITY COUNCIL AGENDA ITEM
Memo Date: March 4, 2024
Agenda Date: March 26, 2024
Prepared By: Kristin Eick, Assistant City Attorney
Through: City Attorney's Office
Requested Action:
title
Consider approval of the Interlocal Agreement regarding the James Road Segment with the Windward Preserve Community Development District for perpetual maintenance of the James Road Segment
End
body
BACKGROUND:
On December 19, 2023, the City Council required as a condition of approval for the Windward Preserve Planned Unit Development ("Windward Preserve PUD"), that the jurisdiction of the James Road Segment would be transferred from Brevard County to the City and, subsequently, that the Windward Preserve Community Development District ("District") would be required to enter into an Interlocal Agreement with the City, in a form acceptable to the City Attorney, to require the District to permit, construct, and maintain in perpetuity the James Road Segment. The attached Interlocal Agreement has been negotiated with the District by the City Attorney's Office to require the District to construct and maintain the James Road Segment in accordance with this condition, as it is anticipated that the Segment will only serve the Windward Preserve PUD community.
The primary provisions of the Interlocal Agreement include the following:
* The District (or project developer) will construct the James Road Segment (which is from Friday Road to I-95) in accordance with the plans approved by Brevard County.
* Upon completion, the District will transfer ownership of the James Road Segment improvements to the City. The James Road Segment shall remain a public road.
* The District is obligated to maintain, at its sole cost and expense, the James Road Segment, including associated roadway drainage facilities, sidewalks, curbs and inlets, drainage pipes, guardrails, irrigation, landscaping and grass. The District will not maintain the large ditch located in a 50' easement to the south of t...
Click here for full text