Fort Walton Beach Council agenda — 02-22-05 — reading text

NRCS agrees to fund 750/0 of the total project cost, or $ 163, 300, while the City will be responsible for 250/ or $54,434, for a total 0, services such project cost of $217, 734. The City intends to meet its required match through in-kind as designing the project, developing specifications, administering the contracts, providing limited labor, and providing inspection services. In the event that a cash contribution is required to complete the City' s 250/ match, sufficient funding is available in the City' s Disaster 0 Reserve Account. Prior staffing this issue for Council action, Staff forwarded all documentation to the City to with Staff last Attorney, Ms. Toni Craig, for legal review and comment. In a phone conversation week, Ms. Craig provided her concurrence and will meet with Staff this week to confum. the City' s right of access" to the two additional locations. Recommendation: No.1 to Staff requests City Council authorization for the City Manager to accept Amendment 5- 1670 with the Natural Resources Conservation Service (NRCS) for Project Agreement 69- 4209- storm debris related cleanup within City drainages, enter into the necessary agreement( s) with the NRCS, and implement the work program as outlined in the proposal. Ol"'/~ oS-- Date zjs-/ PS- Date J-( Date Isf OJ Attachments: 1. United States Department of Agriculture NRCS Project Agreement 2. City Attorney - Letter of Opinion 2  AMENDMENT NO. 1 To PROJECT AGREE1\ffiNT 69- 4209- 5- 1670 Between CITY OF FT. WALTON BEACH And The UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE RE: Emergency Watershed Protection project resulting from Hurricane Ivan. This amends the Project Agreement 69-4209- 5- 1670 between the above parties relative to the Hurricane Ivan Emergency Watershed Protection Project in Okaloosa County, Florida. Clause A is amended to add two ( 2) sites and increase funding by $ 82, 000. Clause A is amended to read as follows: A. It is agreed that the following- described work is to be constructed at an estimated cost not to exceed $ 163, 300. Location Description DSR No. Ferry Road Park Debris removal to prevent flooding OK-0011 Sleepy Oaks Road Debris removal to prevent flooding OK-0041 Coral Ditch Debris re~ oval to prevent flooding OK-0071 California Ditch Debris removal to prevent flooding and OK-0191 erosion control to prevent erosion and protect utilities. Circle Drive Debris removal to prevent flooding and OK-02DI erosion control to prevent erosion and protect utilities. All other provisions of the Agreement remain unchanged. REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK. lof2 APPROVED: CITY OF FT. WALTON BEACH By: .: rOVuE 5 I4A to.J. At-t A.~ Title: MAN A.(;" C,L 1""\( R... E. Date: I= e.~. \ 0 I " 200E: J This Action is authorized at an official meeting of the C. lT'l f,OUNel L on the ~ day of I=' EP\R.UA~ Y', 2005 at D\<. AL005A r.. oUN1'" Y State of Florida. Date: .: 2.( 10 ! 0 ~ UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE R~viewed By: By: T. Niles Glasgow Lynn Merrill Title: State Conservationist Title: Contracting Officer Date: Date: 2of2  CITY COUNCIL MEETING February 22, 2005 Consent Agenda Request Authorization to Termination of Parking Access Easement Agreement between Magnolia Grill and French Quarter Condominiums Council Action 1st 2nd Vote: Agenda Item Number: CA- 4  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: February 16, 2005 To: Joyce Shanahan, City Manager From: Missy McKim, CDS Direct~ SUBJECT: Magnolia Grill and French Quarters Condominium Termination of Easement Agreement REQUEST Request from French Quarter Condominium to approve a Termination of Easement Agreement for an easement that is no longer required to meet City Code requirements. BACKGROUND When Magnolia Grill was approved the parking requirement was 1 space175 sq. ft. for restaurants. The City was in the process of amending the parking requirements, including the requirement for restaurants, however, because it had not been approved yet, Magnolia Grill was required to provide the 1 space!75 sq. ft. or 40 parking spaces. They did not have space on their property for the 40 spaces so an easement was required from French Quarters where some of the required parking was located. Since then, the parking regulations have been modified to 1 space/ 200 sq. ft. for restaurants which equates to 15 parking spaces for Magnolia Grill. All 15 spaces are located on their site, so they no longer need the easement from French Quarter. French Quarter Condominiums exceed their parking requirement. Because there is no need for the easement, the developer has prepared a Termination of Easement Agreement. RECOMMENDATION: City Council approve the Termination of Easement Agreement. tllt 05 Reviewed and Concur: C4-d!  French Quarters Condominium 159 Brooks Street SE Fort Walton Beach, FL 32548 Developed by French Development, Inc. 165- C Brooks Street SE Fort Walton Beach, FL 32548 February 16, 2005 City of Fort Walton Beach 107 Miracle Strip Parkway P, O. Box 4009 Fort Walton Beach, FL 32549 Regarding: Magnolia Grill, 157 Brooks Street and French Quarters Condominium, 159 Brooks Street Termination of Easement Agreement, Fort Walton Beach Attention: Missy McKim, Director, CDS Department City of Fort Walton Beach, Florida Dear Missy McKim, In October 2001, French Development, Inc. and Magnolia Grill created a Parking and Access Easement Agreement for parking 20 spaces temporarily on land which is owned by French Quarters Condominium' s. The purpose of this letter is to confirm that the Magnolia Grill Restaurant ( Lot # I of French Development Subdivision) was opened to the public and given an occupancy permit for the restaurant based on required 40 parking spaces ( 1 space / 75 s. f.was required for the building permit in March 20010n the 3, 000 s. f of Magnolia Grill floor area). In the Lot subdivision process, a note was required by The City of Fort Walton Beach to be put on the plat that says '~ O WORK ON PHASE 2 OF THIS DEVELOPMENT SHALL PROCEED UNTIL PARKING REQUIREMENTS ARE SATISFIED OR UNTIL A SATISFACTORY PARKING AGREEMENT IS REVIEWED AND APPROVED BY THE CITY ATTORNEY' S OFFICE". The site contains 15 parking spaces, and there are 5 parking spaces along Brooks Street. The present Off-Street Parking and Loading Ordinance 1457, Section 20- 787 requirement of 1 space / 200 s. f calculates to 15 parking spaces required. Since Magnolia Grill has fifteen spaces on site, and 5 spaces along Brooks Street, there is parking requirement for parking on French Quarters Condominium land. no further French Quarters Condominium has 50 parking spaces for 44 required. st Therefore, the Easement Agreement dated 31 of October 2001 is not required and is requested to become nulls and void. This document is for the purpose of giving notice to the CITY OF FORT WAL TON BEACfL FLORIDA that the Grantee and the Grantor are requesting to tenninate the existing Agreement. Sincerely, ~" C;.~ - Earl S. Mitchell VP, French Development, Inc. Prepared by and Please Return to: William G. Kilpatrick,Jr. Fleet,Spencer, Martin & Kilpatrick, P.A. 35008 Emerald Coast Parkway, Suite 202 Destin, FL 32541 space above this line for recording information) TERMINATION OF EASEMENT AGREEMENT This TERMINATION OF EASEMENT AGREEMENT is made and entered into this J.4fl., :,- day of ~ BR.~ Y__~ 2005, by and between THE FRENCH DEVELOPMENT, INC. herea~ OLIA GRILL OF FORT WALTON BEACH, INC. (hereafter Magnolia"), CITY OF FORT WALTON BEACH, FLORIDA her(eafter " FWB"), REGIONS BANK her(eafter '~ egions"), and BEACH COMMUNITY BANK her(eafter " Beach"). WHEREAS, on October 31, 2001, the above- identified parties entered into a certain Grant of Easement Agreement (hereafter " Previous Agreement''), which was recorded on November 13, 2001 in Book 2325, Page 2055 of the Official Records ofOkaloosa County, Florida; WHEREAS, the above- identified parties, being all ofthe parties to the Previous Agreement, desire to terminate the Previous Agreement. NOW THEREFORE, in consideration of$1 0. 00, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby tenninate