Fort Walton Beach Council agenda — 08-27-13--regular — reading text

such actions. 338 3. If the City elects to terminate this agreement, the City may operate the Complex or re- 339 let the whole or any portion of said Complex to another contractor. 340 4. If the City elects to terminate this agreement, the City shall be entitled to recover from 341 Contractor, all proceeds received from the operation of the Complex from the date of 0e 342 termination. rv, 343 5. If Contractor neglects or refuses to maintain and keep in good repair the Complex 344 pursuant to Section I. E. above, the City shall give Contractor written notice of City' s intent to 345 perform such maintenance and repair and provide Contractor a reasonable time to conduct such 346 maintenance or repair. If Contractor fails to respond or conduct the maintenance or repairs, the 347 City shall have the right to proceed with such maintenance or repairs and to offset the cost of 348 such maintenance and repair from the Contractor's Compensation. In the case of safety 349 emergencies, the City reserves the right to require Contractor to make immediate repairs or to 350 conduct such emergency repairs itself. 351 352 C. Waiver Of Breach 353 No failure by either party to insist upon the strict performance of any term, covenants, 354 agreements, provision or condition of this Agreement or to exercise any right or remedy 355 consequent upon a breach thereof, shall constitute a waiver of any such breach or of such term, 356 covenant, agreement, provision or condition of this Agreement to be performed or complied with 357 by either party, and no breach thereof, shall be waived, altered or modified except by a written 358 instrument approved, by resolution, by the City Council or Contractor. No waiver of any breach 359 shall affect or alter this Agreement, but each and every term, covenant, agreement, provision and 360 condition of this Agreement shall continue in full force and effect with respect to any other then 361 existing or subsequent breach thereof. 362 363 SECTION 12: NOTICES 364 All notices required to be given shall be deemed given to either party by depositing the 365 same in the United States mail, postage prepaid, ( certified mail), and addressed to 366 367 Contractor: 368 SWEDISH AMERICAN CONNECTION, INC. 369 808 Dawn Lane, Destin, FL 32541 370 371 City: 372 City Manager 373 City of Fort Walton Beach 374 107 Miracle Strip Pkwy, Fort Walton Beach, Florida 32548 375 376 SECTION 13: GOVERNING LAW 377 This agreement and the rights and liabilities of the parties to the agreement shall be 378 governed by the laws of the State of Florida. Venue for any action arising out of this agreement 379 shall lie in Okaloosa County. 380 381 382 SECTION 14: SOVEREIGN IMMUNITY 383 Nothing in this agreement shall be deemed a waiver by the City of its sovereign immunity, 384 nor shall any provision of this agreement be interpreted to affect the City's sovereign immunity. 38.5 386 SECTION 15: CONSTRUCTION 387 The Parties have participated jointly in the negotiation and drafting of this agreement. In the 388 event an ambiguity or question of intent or interpretation arises, this agreement shall be construed as 389 if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or 390 disfavoring any Party by virtue of the authorship of any of the provision of this agreement. 391 392 SECTION 16: ENTIRE AGREEMENT 393 This agreement represents the entire agreement between the City and Contractor and 394 supersedes all prior negotiations, representations or agreements, either written or oral. 395 Provisions of this agreement may be amended only by written instrument approved and signed 396 by the City and Contractor. 397 398 399 Executed on this day of 2013. 400 401 CITY OF FORT WALTON BEACH 402 403 404 By: 405 MICHAEL BEEDIE Witness 406 CITY MANAGER 407 408 409 Witness 410 411 ATTEST: 412 413 BY:  1s T - k 414 HELEN SPENCER 415 416 STATE OF FLORIDA 417 COUNTY OF OKALOOSA 418 419 Affirmed and acknowledged before me this day of , 2013, by 420 Michael Beedie, City Manager, and Helen Spencer, City Clerk, of City of Fort Walton Beach, 421 Florida, who are personally known to me or have produced identification as indicated below. 422 423 Personally known: Produced Identification: 424 425 426 427 Notary Public 428 429 430 431 SWEDISH AMERICAN CONNECTION, INC. 432 433 434 435 Erik Stenberg Witness 436 Its: OWNER 437 438 Witness 439 440 Affirmed and acknowledged before me this _ day of 2013, by 441 Enk Stenberg, as Director, of Swedish American Connection, Inc., who is personally known to 442 me or have produced identification as indicated below. 443 444 445 Personally known: Produced Identification: 446 447 448 449 Notary Public 10  15.2 City Council of Fort Walton Beach 0 To: ENGINEERING & UTILITY SERVICES MEMORANDUM Michael D. Beedie, City Manager From: Tim Bolduc, Engineering and Utilities Services Director Date: August 27, 2013 Subject: CRA Committee Recommendations Report 1. BACKGROUND: 1. 1. On May 22, 2012, the City Council adopted Resolution 2012 -1, establishing a CRA Ad -Hoc Citizen' s Advisory Committee. The Committee was established for a one ( 1) year period in order to encourage additional public engagement and activity in the CRA process. 1. 2. The Committee was tasked with identifying actions that the City can implement to support development and redevelopment within the CRA and further the goals and strategies outlined in the 2012 CRA Plan Update. 2. DISCUSSION: 2. 1. The Committee held six ( 6) meetings from October 2012 to March 2013, including one 1) public workshop meeting. 2.2. The Committee was able to discuss and identify five (5) specific areas of importance as follows: 2. 2. 1. Street / Building Beautification 2. 2. 2. Business Growth / Expansion 2. 2. 3. Pedestrian Safety / Friendliness 2. 2. 4. Area Marketing / Image 22. 5. Parking Choices 2. 3. The Committee expanded on these categories by discussing more specific activities that could be implemented. These activities include: 2. 3. 1. Continue pedestrian crossing improvements; 2. 3. 2. Continue public parking improvements; 2. 3. 1 Construction of Downtown Streetscape Phases VI & VII; 2. 3. 4. Evaluate and add/update street and public parking lot lighting; 2. 3. 5. Continue the current business grant programs; 2. 3. 6. Develop and install themed pedestrian signage; Page 1 of 2  15.2,.. 2. 3. 7. Continue annual sidewalk program; 2. 3. 8. Improvements at the Fort Walton Landing Park - Update to the Fort Walton Landing Master Plan; 2.3. 9. Develop, distribute, and maintain a Downtown parking map; 2. 3. 10. CRA sponsored festivals and events at the Landing; 23. 11. Design and construction of Hollywood Boulevard Streetscape; 2. 3. 12. Construction of new Downtown gateway; 2. 3. 13. Install new CRA holiday decorations 2. 4. The recommendations report is intended to summarize the Committee' s recommendations to City Council. It provides a brief description of each activity, how each activity is consistent with the 2012 CRA Plan, a preliminary cost estimate, and an estimated timeline for each activity. 3. FINANCIAL INFORMATION: 3. 1. There are no direct, immediate costs associated with the acceptance of this report. The report only outlines activities that can be implemented in the CRA, which require varying amounts of funding allocation. 3. 2. The process of implementing any of the Committee' s recommendations will occur through the annual budget cycle and will be dependent on CRA revenues each year. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council review and accept the CRA Ad -Hoc Citizen' s Advisory Committee recommendations report. ATTACHMENTS: CRA Recommendations Report ( PDF) SIGNATURE BLOCK: Stella Jones Skipped 08/ 21/ 2013 11: 33 AM Tim Bolduc Completed 08/ 21/ 2013 11: 33 AM City Manager Completed 08/ 21/ 2013 2: 23 PM City Council Pending Page 2 of 2  15. 2.8 Community Redevelopment Agency Ad -Hoc Advisory Committee CRA Recommendations Report Presented to the Fort Walton Beach City Council August 13, 2013  15.2Sa Introduction On May 22, 2012, the Fort Walton Beach City Council adopted Resolution 2012 -I, establishing a CRA Ad -Hoc Citizen' s Advisory Committee. The committee was established for a one year time period in order to encourage additional public engagement and activity in the CRA process so as to best serve the residents and businesses of the City of Fort Walton Beach. The committee was tasked with identifying actions that the City can implement to support development and redevelopment within the CRA, and further the goals and strategies outlined in the 2012 CRA Plan update. More specifically, the committee was to recommend strategies and actions that the City Council may undertake to encourage and promote reinvestment within the CRA Area. During the first three months, the committee adopted its goals and objectives statement and defined its tasks. The committee' s adopted goals and objectives statement is: The goal of the CRA Citizen' s Advisory Committee is to develop and prioritize a list of projects and programs for the Community Redevelopment Area, to be accomplished in the next 1 - 5 years, or more. Further, the CRA Citizen's Advisory Committee shall produce a report to the Community Redevelopment Agency and City Council to