Okaloosa County BOCC — February 7, 2017 — Internal Coordination A2 C16-2396-PW — reading text

Stewart Sent: Thursday, January 26, 2017 11:33 AM To: Scott Bitterman <sbitterman@co.okaloosa.fl.us> Cc: Garner, Bill <bgarner@ngn-tally.com>; Roy Petrey <rpetrey@co.okaloosa.fl.us> Subject: Re: Gap Creek drainage improvements We will want an amendment to the agreement authorizing the withholding of amount. Want to make sure that is how they want to pay it. If they want to separately pay i would not make final payment til they do Sent from my iPhone > 0n Jan 26, 2017, at 12:24 PM, Scott Bitterman <sbitterman@co.okaloosa.fl.us> wrote: > > Greg, > > Quick refresher on this project. We hired a contractor to improve a drainage ditch. The contractor mistakenly veered outside of the drainage easement and built a portion of the ditch on private property. The property owner desires $30k for an additional easement to allow the ditch to remain as constructed. Our contractor has agreed to pay for half ($15k) for this additional easement. > > We still owe the Contractor about $17k from a few misc. items and retainage. My question is this: Can | deduct $15k from the contract price via Change Order to accept payment from the contractor for the easement? > > Scott > From: Garner, Bill [mailto:bgarner@ngn-tally.com] > Sent: Monday, January 23, 2017 1:30 PM > To: Jeff Henderson <jhenderson@co.okaloosa.fl.us> > Cc: Scott Bitterman <shitterman@co.okaloosa.fl.us>; Zan Fedorak > <zfedorak@co.okaloosa.fl.us>; Roy Petrey <rpetrey@co.okaloosa.fl.us> > Subject: RE: Gap Creek drainage improvements > > Jeff, > > | had to redraft the easement due to the fact that the property is held in trust. Also, | prepared an affidavit for the Crosby's to sign that attests to their ability under the trust agreement to grant the easement. > > William C. Garner (Bill) > > > 1500 Mahan Drive, Suite 200 > Tallahassee, Florida 32308 > (850) 224-4070 Tel. > (850) 224-4073 Fax > > > The information contained in this e-mail message is intended for the personal and confidential use of the recipient(s) named above. This message and its attachments may be an attorney-client communication and, as such, is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone or e-mail and delete the original message. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. Thank you. > —mnee Original Message--—-- > From: Jeff Henderson [mailto:jhenderson@co.okaloosa.fl.us] > Sent: Monday, January 23, 2017 10:33 AM > To: Garner, Bill > Subject: RE; Gap Creek drainage improvements > > Thanks Bill. > > From: Garner, Bill [mailto:bgarner@ngn-tally.com] > Sent: Monday, January 23, 2017 8:46 AM > To: Jeff Henderson <jhenderson@co.okaloosa.fl.us> > Cc: Scott Bitterman <shitterman@co.okaloosa.fl.us>; Zan Fedorak > <zfedorak@co.okaloosa.fl.us>; Roy Petrey <rpetrey@co.okaloosa.fl.us> > Subject: RE: Gap Creek drainage improvements > > | will provide something to you later today. > > William C. Garner (Bill) > > > 1500 Mahan Drive, Suite 200 > Tallahassee, Florida 32308 > (850) 224-4070 Tel. > (850) 224-4073 Fax > > > The information contained in this e-mail message is intended for the personal and confidential use of the recipient(s) named above. This message and its attachments may be an attorney-client communication and, as such, is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone or e-mail and delete the original message. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. Thank you. > > From: Jeff Henderson [mailto:jhenderson@co.okaloosa . fl.us] > Sent: Monday, January 23, 2017 9:45 AM > To: Garner, Bill > Cc: Scott Bitterman; Zan Fedorak; Roy Petrey > Subject: RE: Gap Creek drainage improvements > > Bill, > > My superiors asked that | get this moving sometime this week. | will try to contact Mr. Crosby today if | hear from you indicating that the easement looks legal. Let me know as soon as possible if there's anything | can get you. > From: Garner, Bill [mailto:bgarner@ngn-tally.com] > Sent: Thursday, January 05, 2017 2:10 PM > To: Jeff Henderson <jhenderson@co.okaloosa.fl.us> > Cc: Garner, Bill <bgarner@ngn-tally.com>; Scott Bitterman > <shitterman@co.okaloosa.fl.us>; Zan Fedorak ’ > <zfedorak@co.okaloosa.fl.us> > Subject: Re: Gap Creek drainage improvements > > When will you be meeting with Mr. Crosby? > > Sent from my iPad > >>OnJan 5, 2017, at 3:07 PM, "Jeff Henderson" <jhenderson@co.okaloosa.fl.us> wrote: 4 >> >> Bill, >> >> Here's another issue | have going. In the not too distant past (a few months) a contractor installed a ditch within the 20 feet drainage easement the county has lying 10 feet either side of lots 2 and 3 of Block 1 John Bishop Subdivision. >> >> The contractor got outside the limits of the easement along that portion lying in lot 2 which is owned by Robert D and Jane Crosby. | will need to acquire a drainage easement to address this encroachment into Mr. Crosby's property. I've prepared the easement and provided the sketches for visual aid. Please review the easement for accuracy so that | may have it available when | meet with Mr. Crosby to discuss the settlement price for this encroachment into his property. >> >> Let me know if there is anything else | can provide you with that may assist in the document preparation. >> >> Your message is ready to be sent with the following file or link attachments: >> >> Gap Creek shopping center.docx >> >> >> Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. >> <John Bishop Lots 2 and 3 Blk 1 drainage easement.pdf> <Gap Creek >> Drainage Easement Lovejoy Rd Crosby prop.doc> > > <Grant of Non-Exclusvie Drainage Easement_1.23.17.doc> <Affidavit of > Trust.doc> Scott Bitterman From: Krystal King Sent: Tuesday, January 31, 2017 8:06 AM To: Scatt Bitterman Subject: RE: Gap Creek drainage improvements Risk Management approved. Krystal King Okaloosa County Risk Management (850)689-5977 Fax (850)689-5973 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records available to the public and media upon request. Therefore, this written email communication including your email address, may be subject to public disclosure. ————— Qriginal Message----- From: Scott Bitterman Sent: Friday, January 27, 2017 3:02 PM To: Krystal King <kking@co.okaloosa.fl.us> Subject: FW: Gap Creek drainage improvements Krystal, The above Contract Amendment will go with Agenda ltem 6787 in MinuteTraq. Please review for internal coordination and let me know if Risk approves. Thanks, Scott From: Greg Stewart Sent: Friday, January 27, 2017 10:23 AM To: Scott Bitterman <sbitterman@co.okaloosa.fl.us> Cc: Garner, Bill <bgarner@ngn-tally.com>; Roy Petrey <rpetrey@co.okaloosa.fl.us> Subject: Re: Gap Creek drainage improvements Scott - Here is the amendment to the contractors agreement to adjust for their contribution to the acquisition of the easement. | have made a couple of edits. It is approved by legal. Bill and | talked about the acquisition of the easement itself and we will need a separate agreement for the purchase of the easement. Bill will prepare a basic agreement and get that to you later today or Monday at the latest. Let me know if you have any questions. From: Scott Bitterman