Fort Walton Beach Council agenda — 11-23-2010 Regular — reading text

Walton Beach, Florida, recorded at ORB 2779, Page 4005 in the Official Records of Okaloosa County, and shall be construed as in compliance with Section 3, Joint Use Agreement, of the Interlocal Agreement. By the Interlocal Agreement, the parties acknowledged and agreed that the principal use of the County parcel of property shall be for the Courthouse annex extension building and that any joint use shall be secondary and at coordinated non -essential times. Subject to this condition the joint use of certain parking Areas and spaces on and access across the County' s property for the City' s governmental, emergency operations, recreational, and lease- or license- holder' s needs conducted or to be conducted on the City' s parcel is permitted. Therefore, for good and valuable consideration as set forth in the Interlocal Agreement, this agreement formalizes the gratuitous joint use of certain Areas of the City' s and County' s parcels for the benefit of the public. 2. City Parcel The City owns the real property situated at 1958 Lewis Turner Boulevard, Fort Walton Beach, Okaloosa County, Florida, which is more particularly described as: Commencing at a General Land Office monument dated 1937, 2" pipe with brass cap, which is at the quarter section corner common to section 25 and 26, T -1 - S R -24- W, being also a corner of a tract of land conveyed to the Board of Public Instruction, Okaloosa County, Florida, on 30 December 1970, and a corner of a tract of land owned by the United States of America at Eglin Air Force Base; thence N 87 °48' 29" W, along the said boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1150. 83 feet to an unnumbered 4" x 4" concrete monument; thence S 01' 47' 58" W, along the boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 902. 80 feet more or less to a rod with no cap and the point of beginning; thence continue S 01' 47' 58" W, 823. 38 feet more or less to an unnumbered 4" x 4" line of State Road 189; concrete monument on the northern right -of w - ay thence S 90 °00' 00" W, 599.45 feet more or less Page 1 of 7 Judicial Center Joint Use Agreement  thence N 00 °00' 00" E, 173. 65 feet; thence S 90 °00'00" W, 938. 86 feet; thence N 01' 47' 58" E, 698. 03 feet to a rod and cap # 4167; thence S 88 °12' 02" E, 1543. 00 feet to the point of beginning. The parcel described herein contains 26. 27 acres, more or less and is a portion of Parcel 1 ( Tract 943) and a portion of Parcel 2 ( Tract 944) as recorded in the Official Records, Book 2663, Page 4937, Okaloosa County, Florida. 3. County Parcel The County owns the real property situated at 1968 Lewis Turner Boulevard, Fort Walton Beach, Okaloosa County, Florida, which is more particularly described as: Commencing at a General Land Office monument dated 1937, 2" pipe with brass cap, which is at the quarter section corner common to section 25 and 26, T -1 - S R -24- W, being also a corner of a tract of land conveyed to the Board of Public Instruction, Okaloosa County, Florida, on 30 December 1970, and a corner of a tract of land owned by the United States of America at Eglin Air Force Base; thence N 87 °48' 29" W, along the said boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1150. 83 feet to an unnumbered 4" x 4" concrete monument; thence S 01 °47' 58" W, along the boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1726. 18 feet more or less to a unnumbered 4" x 4" concrete monument on the northern right -of w - ay line of State Road 189 and to the point of beginning; thence S 65 °40' 01" W along the northern right -of w - ay line of said road 1718. 69 feet to a rod and cap # 4167; thence N 01' 47' 58" E, 882. 25 feet; thence N 90 °00'00" E, 938. 86 feet; thence S 00 °00' 00" W, 173. 65 feet; thence N 90 °00'00" E, 599. 45 feet more or less to the point of beginning. The parcel described herein contains 16. 30 acres, more or less and is a portion of Parcel 1 ( Tract 943) and a portion of Parcel 2 ( Tract 944) as recorded in the Official Records Book 2663, Page 4937, Okaloosa County, Florida. 4. Joint Use Areas The Joint Use Areas currently subject to this agreement are described as Joint Use Area 1 Entire Loop Road) and Joint Use Area 2 ( Judicial Annex Extension Parking Lot) which are more particularly described as: Joint Use Area 1, Entire Loop Road: Commencing at a General Land Office monument dated 1937, 2" pipe with brass Page 2 of 7 Judicial Center Joint Use Agreement  cap, which is at the quarter section corner common to section 25 and 26, T -1 - S R -24- W, being also a corner of a tract of land conveyed to the Board of Public Instruction, Okaloosa County, Florida, on 30 December 1970, and a corner of a tract of land owned by the United States of America at Eglin Air Force Base; thence N 87 °48' 29" W, along the said boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1150. 83 feet to an unnumbered 4" x 4" concrete monument; thence S 01' 47' 58" W, along the boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1175. 80 feet more or less; thence N 88° 12' 02" W, 740. 00 feet; thence S 01' 47' 58" W, 355. 90 feet to the point of beginning; thence continue S 01' 47' 58" W, 44. 00 feet; thence S 90 °00' 00" W, 803. 40 feet to the northwest corner of Okaloosa County Judicial Center property; thence N 01' 47' 58" E, 44. 00 feet; thence N 90 °00' 00" E, 803. 40 feet to the point of beginning. The parcel described herein contains 0. 81 acres, more or less. AND: Joint Use Area 2, Judicial Annex Extension Parking Lot: Commencing at a General Land Office monument dated 1937, 2" pipe with brass cap, which is at the quarter section corner common to section 25 and 26, T -1 - S R -24- W, being also a corner of a tract of land conveyed to the Board of Public Instruction, Okaloosa County, Florida, on 30 December 1970, and a corner of a tract of land owned by the United States of America at Eglin Air Force Base; thence N 87 °48' 29" W, along the said boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1150. 83 feet to an unnumbered 4" x 4" concrete monument; thence S 01' 47' 58" W, along the boundary of said Board of Public Instruction tract which is along the boundary of said United States tract 1726. 18 feet more or less to a unnumbered 4" x 4" concrete monument on the northern right -of w - ay line of State Road 189; thence S 65 °40' 01" W along the northern right -of w - ay line of said road 824.26 feet to a rod and cap # 3134 and to the point of beginning; thence S 65 °40' 01" W along the northern right -of w - ay line of said road 894.43 feet to a rod and cap # 4167; thence N 01' 47' 58" E, 882. 25 feet; thence N 90 °00' 00" E, 803. 40 feet; thence S 01' 47' 58" W, 513. 53 feet more or less to the point of beginning. Page 3 of 7 Judicial Center Joint Use Agreement  The parcel described herein contains 12. 87 acres, more or less and is a portion of Parcel 1 ( Tract 943) as recorded in the Official Records Book 2663, Page 4937, Okaloosa County, Florida. 5. Uses Permitted on Joint Use Areas The parties agree that the Joint Use Areas are open to the public when not in use by the County with proper time and manner restrictions as provided herein and by law that will ensure the availability of parking, circulation over, around and through the City and County parcels, the placement of lighting, sidewalks, utilities and other public amenities as agreed by the parties. 6. County' s Responsibilities The County shall have the following duties and responsibilities: 6. 1 Improve, repair and maintain Joint Use Areas 1 and 2, unless otherwise agreed by the parties, to include all roadways, lighting, sidewalks, utilities, handicap accessibility, and other public amenities; 6. 2 Ensure coordination with the City at any time that Joint Use Areas I and/ or 2 will be blockaded, repaired, or otherwise in a condition that impedes vehicular circulation on the parcels; 6. 3 Assist with law enforcement efforts, as determined by the City Police Chief, on Joint Use Areas 1 and 2; and 6. 4 Reasonably consent to the City' s requests that will ensure adherence to the provisions of this agreement. 7. City' s Responsibilities The City shall have the following duties and responsibilities: 7. 1 Ensure approval of and coordination with the County at any time that Joint Use Areas I and/ or 2 will be blockaded, repaired, or otherwise in a condition that impedes vehicular circulation on the parcels; 7. 2 Provide law enforcement services to the parcels and Joint Use Areas; and as otherwise determined by the City Manager and County Administrator; 7. 3 Provide fire services to the parcels and Joint Use Areas; 7. 4 Reasonably consent to the County' s requests that will ensure adherence to the provisions of this agreement. 8. Coordination of Use of Joint Use Areas At all times, the use of the Joint Use Areas shall be coordinated by the City Manager, or a designee, and the County Administrator, or a designee, pursuant to administrative procedures as Page 4 of 7 Judicial Center Joint Use Agreement  approved by the City and County, if necessary. 9. Liability Pursuant to section 768. 28, Florida Statutes, each party shall insure its interest against any and all damages, losses or claims, including, but not limited to, legal fees and expenses, to the extent that such damages, losses or claims are attributable to actions, omissions or negligence arising from the terms or existence of this agreement. Further, nothing in this agreement shall be deemed a waiver of immunity or limits of liability by either the City or County, including their