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Okaloosa County BOCC — January 8, 2013 — Action Item Printout — reading text

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BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 19, 2013 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Valparaiso Realty Company Hwy 20 Hold Harmless DEPARTMENT: Water and Sewer BCC DISTRICT: Five STATEMENT OF ISSUE: Staff requests the Board of County Commissioners execute an operational agreement with a private property owner, Valparaiso Realty Company, for our existing 14" force main located on the north side of State Road 20 in Niceville. BACKGROUND: OCWS has an aging sanitary sewer force main located between Palm Blvd and Rocky Bayou Drive on the north side of State Road 20. The force main was installed pre- 1980, and the alignment meanders along the boundary between the state road right-of-way and property owned by Valparaiso Realty Company (VRC). There is no recorded easement for the force main. OCWS desires to maintain the force main in its present location until the force main can be decommissioned. The time frame to decommission the force main is most likely a few years from now. VRC desires to develop the property next to and over the force main. The VRC is amenable to an agreement with the County to establish a hold harmless for the County, maintenance and operational rights for the County, force main abandonment responsibilities, and construction stipulations for the VRC development next to and over the force main. The attached agreement was negotiated between OCWS staff and VRC staff, and has been reviewed and approved by the County Attorney. The County Contract Review Coordination Sheet is attached. OCWS believes the attached agreement is in the best interest of our customers, and is the resolution to a potentially litigious situation. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the Agreement with Valparaiso Realty Company for OCWS' existing 14" force main along State Road 20. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator

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