Subject:
Title
Maintenance Agreement with Haven at Palm Harbor, LLC for the utilization and maintenance of Bee Pond Road right-of-way.
label
Recommended Action:
Recommended Action
Approval of the Maintenance Agreement with Haven at Palm Harbor, LLC (Association) for the utilization and maintenance of Bee Pond Road right-of-way.
• County owns the property designated as Bee Pond Road right-of-way.
• Association requested access and permission to perform all maintenance of the road segment which is adjacent to and provides access to their communities,
• Agreement grants these privileges and renews every five years unless terminated by either party.
• No fiscal impact associated with Agreement.
• Agreement must be wet signed, notarized and recorded.
Authorize the Chairman to sign and the Clerk of the Circuit Court to attest the Maintenance Agreement. Authorize the notarized recording of a copy of the Maintenance Agreement in the official records of the County.
Body
Strategic Priorities:
Prosperity and Opportunity
3.1 Increase the availability of attainable housing
3.5 Foster business growth
Summary:
Summary
The Association has requested access and permission to perform all maintenance of the subject Bee Pond Road segment. This Agreement grants these privileges. The Maintenance Agreement allows Haven at Palm Harbor, LLC to utilize and maintain Bee Pond Road for the purposes of access to the communities served by Haven at Palm Harbor, LLC adjacent to Bee Pond Road right-of-way. The County owns this property. There is no fiscal impact associated with the Agreement.
This Agreement is for a term of five (5) years commencing upon recording with the Pinellas County Clerk of Court and will automatically renew under the same
terms and conditions every five (5) years unless terminated under the provisions of this Agreement. The Agreement shall automatically terminate if the County elects to design and construct or permit the design and/or construction of a public road in the unopened Bee Pond right-of- way occupied by the Driveway, provided that the Association shall retain access to the Association Property from a public road.
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Background Information:
The County previously obtained property (Bee Pond Road) located between US Highway 19 N and Belcher Road for right-of-way purposes, but it has not been opened for transportation. Parcels 30-27-16-00000-340-0300 and 31-27-16-00000-210-0100 which are adjacent to both sides of Bee Pond Road are being developed by Palm Harbor, LLC. Bee Pond Road will be utilized by the residents of those parcels to access their property.
The Association wants to utilize a portion of the unopened right-of-way of Bee Pond Road as a driveway connection for the development of Association Property (Driveway). The County is willing to allow the Association to build the Driveway to commercial driveway standards, except for an agreed upon width of twenty (20) feet. Such standards are lower than that required for a road pursuant to the County Transportation Design Manual, so long as the Driveway and its associated infrastructure is constructed in accordance with Permit No. RUP 24-00127 and maintained pursuant to the terms of this Agreement. The Association is willing and able to expend the necessary funds for maintenance of the Driveway and all appurtenances as shown on Exhibit A (Road Segment).
Fiscal Impact:
N/A
Staff Member Responsible:
Kelli Hammer Levy, Director, Public Works
Partners:
Haven at Palm Harbor, LLC
Attachments:
Maintenance Agreement with Exhibits A and B
Location Map