Fort Walton Beach Council agenda — 08-11-09 regular — reading text

along Eglin Parkway for streetscape improvements as recommended in the latest Community Redevelopment Agency Plan, staff recommends that City Council authorize the City Manager to execute the FDOT Sidewalk Maintenance Agreement. Upon approval, the executed Sidewalk Maintenance Agreement will accompany the FDOT General Use Permit application for FDOT review and approval. Staff also recommends that City Council approve the General Streetscape Maintenance Agreement and authorize the City Manager to execute the General Streetscape Maintenance Agreement with each individual property owner. 5. ATTACHMENTS: 5. 1. Proposed Sidewalk Improvements Location Map 5. 2. FDOT Sidewalk Maintenance Agreement 5. 3. General Streetscape Maintenance Agreement 5. 4. Legal Sufficiency Email from the City Attorney, dated August 1, 2009 20- 6. SIGNATURE BLOCK: 6. 1. Submitted By: Christy R. Jo on, AIC rincipal Planner 6. 2. Reviewed and Concur: Michael D. Beedie, P. E., City Engineer 6. 3. Reviewed for Agenda: ert T. Mearns ity Manager 21-  Proposed Sidewalk Improvements Location Map City of Fort Walton Beach Community Development Services 0 200 Feet Scale N W- Z E t47 S Prepared by the City of Fort Walton Beach Engineering Division 22_  SIDEWALK MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component of the State of Florida, hereinafter called the " DEPARTMENT" and CITY OF FORT WALTON BEACH, FLORIDA, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the " City." The City agrees to provide funding, labor, and materials in order to facilitate the installation, maintenance, and on -going up -keep, removal or replacement of any sidewalk improvements installed by the City, in FDOT right of way located on a Florida Department of Transportation road ( State Road 85) in Okaloosa County. This area falls in section 57040 -000 at milepost 0.797 to 1. 01. These improvements are to be installed as outlined in the FDOT approved General Use Permit Number. The above named functions to be performed by the City shall be subject to periodic inspections by the DEPARTMENT. The City shall not change or deviate from said Maintenance Plan without written approval of the DEPARTMENT. If at any time after the City has assumed the installation or maintenance responsibility above - mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this AGREEMENT, the District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the City to place said The City on notice thereof. Thereafter the City shall have a period of thirty ( 30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this period, the DEPARTMENT may at its option, proceed as follows: 1. If installation has been properly completed and maintenance by the City is not in compliance, the DEPARTMENT may take action to maintain the sidewalk or a part thereof, with DEPARTMENT or Contractor' s personnel and invoice the City for expenses incurred, or 2. The DEPARTMENT may terminate the AGREEMENT, in which case the City shall at its own expense and within sixty ( 60) days by the after written notice DEPARTMENT, remove all of the sidewalk that the DEPARTMENT directs be - ay to its original condition. The City will own such removed and return the right -of w materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the City being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the installation and maintenance activities under this DEPARTMENT, the City shall cease AGREEMENT. Page 1 23- This Agreement may be terminated by either party following sixty ( 60) days written notice. In the event this Agreement is terminated, the City will have sixty ( 60) days after the date upon which this Agreement is effectively terminated to remove all or part of the remaining sidewalk improvements and restore the project area at its own cost and expense. Subject to Section 768. 28, Florida Statutes, City covenants and agrees that it will the indemnify and hold harmless the Department and all of the Department officers, agents and employees from any claim, loss, damage, rent, charge or expense arising out of any act, action, negligence or omission by the city during the performance of the Agreement, whether direct or indirect and whether to any person or property to which the Department or said parties may be subject, except that neither he City nor any of its subcontractors will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused by or resulting from any act, action, negligence or omission of the Department or any of its officers, agents or employees. Nothing herein shall serve to waive, alter or affect the sovereign immunity of either party. This Agreement embodies the entire Agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. This Agreement may not be assigned or transferred by the City except that the City may enter into a contract to have the services performed by a contractor, third party vendor, or third party owner. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida. All notices, demands, requests or other instruments shall be given by depositing the same in the U. S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex or telegram: 1. If to the Department addressed to: FLORIDA DEPARTMENT OF TRANSPORTATION P. O. BOX 607 CHIPLEY, FL 32428 or at such other address as the Department may from time to time designate by written notice to the City Manager, City of Fort Walton Beach; and 2. If to the City, addressed to: CITY MANAGER CITY OF FORT WALTON BEACH Page 2 24-  P O BOX 4009 FORT WALTON BEACH, FL 32549 or at such other address as the City may from time to time designate. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other instruments. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF FORT WALTON BEACH STATE OF FLORIDA A Political Subdivision of the State of Florida DEPARTMENT OF TRANSPORTATION By: By: Robert T. Mearns, City Manager Larry F. Kelly, District Secretary Date: Date: Attest: SEAL) Helen A. Spencer, City Clerk Legal Approval Date Page 3 25- STREETSCAPE MAINTENANCE AGREEMENT State of Florida County of Okaloosa This Agreement is entered into on , 2009, by and between Owner" and CITY OF FORT WALTON BEACH, Florida, a Municipal Corporation, " City." The parties do agree and mutually covenant: 1. Burdened Property. Legal Description: Street Address: Eglin Parkway SE Parcel ID Number: 2. Project Area. - ay Maintenance Area' shall be that portion of The " Right -of W 3. Need for Agreement. Owner and the City agree that the Streetscape Maintenance Agreement is required as a condition of the Matching Streetscape Grant approved by the Fort Walton Beach City Council on April 27, 2004. 4. Improvement Plan. Owner has submitted and City has approved a plan for the specific improvements to be made to the Right -of W - ay Maintenance Area. Such specifications are attached as Exhibit A" and incorporated into this Agreement by reference. Location 26- 5. Expense of Improvements. Owner shall install the improvements as described in Exhibit " A" at its sole expense. 6. Service & Maintenance of Improvements. Owner shall at all times construct said improvements, and service and maintain the Right - of W - ay Maintenance Area, in a reasonable manner, and with due care, in accordance with all applicable City guidelines, standards and procedures. 7. Ownership and City' s Right to Enforcement. The parties agree that the City shall have the following rights: a. At the City' s discretion, the City may periodically inspect the Project Area to ensure compliance with the letter and intent of this Agreement. If the City determines that Owner is not properly servicing and maintaining the Right -of W - ay Maintenance Area or are otherwise not in conformance with City laws, ordinances, procedures and guidelines, the City may perform any necessary service or maintenance, without prior notice to the Owner, and charge the cost thereof to the Owner. b. The City, at its sole discretion, may require Owner to remove, relocate, or adjust the improvements in the Right -of W- ay