Meeting Type: BCC Regular Meeting
Meeting Date: 5/7/2024
Item Status: New
From: Frank Lundy, P.E., County Engineer
Mark Acreman, P.E., Assistant County Engineer
Submitted by: Lisa Sangster, Administrative Support Specialist IV
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ITEM TITLE
Title
*Termination Agreement for Beach Express Bridge and Roadway Property
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STAFF RECOMMENDATION
Recommendation
Approve a Termination Agreement between Baldwin County, the Alabama Department of Transportation (ALDOT), and the Baldwin County Bridge Company, L.L.C., (BCBC) with the concurrence of the City of Foley, for the termination and cancellation of all agreements and license for the Beach Express Bridge which spans the Intracoastal Waterway and all adjacent roadway property owned by BCBC.
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BACKGROUND INFORMATION
Background: The Alabama Department of Transportation (ALDOT) is purchasing from the Baldwin County Bridge Company, L.L.C., (BCBC), the Beach Express Bridge which spans the Intracoastal Waterway, together with all adjacent property owned by BCBC. Once the purchase is finalized, ALDOT will cease tolling providing a free public bridge and thoroughfare.
In 1996, Baldwin County issued a license to BCBC to operate the Beach Express Bridge as a toll bridge by way of adopting Resolution #96-48, later supplemented and amended in 1999.
As a consequence of the acquisition of the Beach Express Bridge and roadway property by ALDOT and the conversion of the Beach Express Bridge to a free bridge, all parties have determined that it is necessary and appropriate to cancel the Foley Beach Express Agreement (Tri-Party Agreement), Mutual Assignment, Access Management Plan and License provided by resolution.
Previous Commission action/date:
August 7, 1996 - The Commission approved Resolution #96-48 authorizing the issuances of a license to the Baldwin County Bridge Company, L.L.C., pursuant to §23-1-81 and §37-4-1 of the Code of Alabama (1975), as amended, for the purpose of the construction and operation of a toll bridge.
May 25, 1999 - The Commission adopted a supplement to Resolution #96-48 and authorized the Chairman and Clerk/Treasurer to execute.
May 25, 1999 - The Commission approved the “Foley-Beach Express” Agreement (Tri-Party Agreement) which included the Access Management Plan and authorized the Chairman and County Clerk to execute with the understanding that in the “Foley Beach Express” Agreement it states that the County has reviewed and administratively approved the plans and specifications.
May 25, 1999 - The Commission approved the “Mutual Assignment” and authorized the Chairman and County Clerk to execute.
November 7, 2023 - The Commission took the following actions: 1) Authorized the Chairman to execute an agreement between the State of Alabama Department of Transportation (ALDOT) and Baldwin County Commission for the transfer of maintenance responsibilities and access management responsibilities for portions of the Baldwin Beach Express, Foley Beach Express, Roscoe Road and County Road 4; and 2) Authorized the Chairman to execute quitclaim deeds, attached as Exhibits to the agreement, conveying any and all right and title to that portion of right-of-way owned by Baldwin County on the Baldwin Beach Express, Foley Beach Express, Roscoe Road and County Road 4 to ALDOT; and 3) Authorized the Chairman to execute any other documents related to the transfer of maintenance responsibilities and access management responsibilities for these roads.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes
Reviewed/approved by: Brad Hicks, County Attorney (approved 4/26/2024) los
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration Staff have Chairman execute agreement. Return original to Mark Acreman, Assistant County Engineer, for delivery to ALDOT. A copy of the agreement will be sent to Baldwin County upon full execution by all parties.
Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A
Additional instructions/notes: Administration - add to tickler and upload fully executed agreement to Contracts once received from ALDOT.