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

Maintenance Area. Such requirement may be necessary to meet public benefit, planning or any future needs of the City. In such event, the City shall give Owner at least sixty (60) days written notice regarding such need and the requirement for removal, relocation or adjustment.. Owner then shall be allowed at least sixty (60) days to meet the requirements as described by the City. If Owner does not satisfy the requirements of the City, then the City may satisfy such requirements and charge the cost thereof to the Owner. C. Upon placement of any improvement in the public right -of w - ay, the City shall have exclusive ownership of such improvement. 8. Termination. This agreement may be terminated by joint written consent of the parties. 9. Recordation. Owner shall at its sole expense, properly record this Agreement in the Public Records of Okaloosa County, Florida. 10. Covenant Running with Land. The parties agree that this Agreement is a covenant running with the land for the Owner' s described property and shall bind Owner, its heirs, successors and assigns. 11. Sovereign Immunity /Credit Power. Nothing herein shall be deemed to be a waiver by the City of its rights to sovereign immunity or as a pledge or use of the City' s taxing power or credit. Page 2 Location VINI Witnesses: Owner: 0 Print Name Print Name This document was acknowledged and executed before me on 2009, by , Owner. Notary Public Personally known Produced Identification: Attest: City of Fort Walton Beach, Florida Lo Helen A. Spencer, City Clerk Robert T. Mearns, City Manager This document was acknowledged and executed on 2009, by Robert Mearns and Helen Spencer, in their representative capacity as the City Manager and the City Clerk, in the name of the City of Fort Walton Beach, Florida. Notary Public Location Page 3 28_  Page 1 of 2 Christy Johnson From: Erickson, Sandy [ EricksonSA@transfieldservices. com] Sent: Monday, July 27, 2009 10: 13 AM To: Christy Johnson Subject: RE: MOA- City & Owner Christy, I appreciate you keeping Transfield Services informed as to the status of the Maintenance Agreement for the three general use - sidewalk permits. I have reviewed the attached " Streetscape Maintenance Agreement' you sent, and Transfield Services consents to the City delegating the maintenance of the sidewalk pavers in the FDOT ROW located in front of each of their business. However, this agreement is between the City and the property owners. Transfield Services will still require the city to enter into a " Maintenance Agreement' with FDOT. That will be the agreement which will hold the City responsible for all three (3) areas. Please do not hesitate to contact me should you have any further questions or need any assistance. Have a great day! Sandy Erickson Permits Department Transfield Services 850/678 -2993 850/ 585 -7327 From: Christy Johnson [ mailto:crjohnson @fwb.org] Sent: Sunday, July 26, 2009 10: 37 PM To: Erickson, Sandy Cc: Michael Beedie Subject: MOA- City & Owner Sandy, As we discussed, the City Council will be asked to approve a Sidewalk Maintenance Agreement between FDOT and - ay. Like with similar projects on SR 85, the City enters into an the City for improvements on SR 85 right -of w agreement with the property owner(s) constructing the improvements that requires the owner to maintain the improvements. A standard agreement is attached. The city attorney is requesting that FDOT accept/consent to the City delegating/ assigning responsibilities to a third party. May I have consent to this assignment? Thank You, Christy Christy R. Johnson, AICP Principal Planner Engineering Services Department City of Fort Walton Beach Phone: ( 850) 833 -9697 Cell: ( 850) 585 -6166 Fax: ( 850) 833 -9926 crjohnson@fwb.org This email and any attachments are confidential and are for 7/ 27/ 2009 - 29-  Page 2 of 2 the intended addressee[ s] only. Unauthorised use of this communication is prohibited. If you have received this communication in error, please notify the sender and remove them from your system. Confidentiality is not waived or lost by reason of the mistaken delivery to you. Before opening or using any attachments, it is your responsibility to check them for viruses and defects." Thank You. Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. 7/ 27/ 2009 - 30-  Page 1 of 2 Christy Johnson From: Toni Craig [ tonicraig @cox. net] Sent: Saturday, August 01, 2009 9: 58 AM To: Christy Johnson Cc: Michael Beedie; Carole Jones Subject: RE: DRAFT of Memorandum for FDOT Agreement # 090100 Christy The attached FDOT agreement and general maintenance agreement form are legally sufficient. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig. info From: Christy Johnson [ mailto: crjohnson @fwb. org] Sent: Tuesday, July 28, 2009 12: 11 PM To: Toni Craig Cc: Michael Beedie; Carole Jones Subject: RE: DRAFT of Memorandum for FDOT Agreement # 090100 Toni, Please find attached the revised staff report and FDOT Maintenance Agreement. I am also attaching the project map, an email from Transfield Services approving third party contracts and a general third party maintenance agreement. Please review for to FDOT agreement and general third party agreement for legal sufficiency. Thank you, Christy Christy R. Johnson, AICP Principal Planner Engineering Services Department City of Fort Walton Beach Phone: ( 850) 833 -9697 Cell: ( 850) 585 -6166 Fax: ( 850) 833 -9926 crjohnson@fwb.org Original Message---- - From: Toni Craig [ mailto:tonicraig @cox. net] Sent: Saturday, July 25, 2009 11: 30 AM To: Christy Johnson Cc: Michael Beedie Subject: FW: DRAFT of Memorandum for FDOT Agreement # 090100 Christy A few questions and needs before opinion. 1. Please accept the changes in Michael' s revisions and let me have a clean copy of the staff report. 2. However, the report should include a) who drafted the agreement, and b) does FDOT accept/consent to the City delegating /assigning responsibilities to a third party. 3. If yes, you need to have the third party agreement that FDOT will accept approved also. 8/ 3/ 2009 31-  Page 2 of 2 Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig. info From: Christy Johnson [ mailto: crjohnson @fwb. org] Sent: Thursday, July 23, 2009 3: 58 PM To: Toni Craig Cc: Michael Beedie; Samantha Abell; Carole Jones Subject: DRAFT of Memorandum for FDOT Agreement #090100 Toni, Please find attached a FDOT Sidewalk Maintenance Agreement, location map and a draft city council memorandum. The agreement is for the maintenance of FDOT ROW on SR 85 in areas proposed for the installation of brick pavers. The pavers will be installed by the property owners. Please let me know if you have questions. Thank you for your review and comments. Christy Christy R. Johnson, AICP Principal Planner Engineering Services Department City of Fort Walton Beach Phone: ( 850) 833 -9697 Cell: ( 850) 585 -6166 Fax: ( 850) 833 -9926 crjohnson@fwb.org Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. No virus found in this incoming message. Checked by AVG - www. avg. com Version: 8. 5. 392 / Virus Database: 270. 13.26/ 2257 - Release Date: 07/ 23/ 09 18: 00: 00 Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. No virus found in this incoming message. Checked by AVG - www.avg. com Version: 8. 5. 392 / Virus Database: 270. 13. 34/2268 - Release Date: 07/28/ 09 06: 00: 00 8/ 3/ 2009 32-  CITY COUNCIL MEETING August 11, 2009 Consent Agenda Support payment of $250 as a Corporate Sponsor for United Way's Day of Caring Synopsis: Grants fundingfor City sponsorshop of 15 City employees to participate in the program Agenda Item Number: 23  CITY OF FORT WALTON BEACH MEMORANDUM DATE: July 27, 2009 TO: Robert T. Mearns, City Manager FROM: Mark Wiltsie, Administrative Services Director SUBJECT: United Way Day of Caring 2009 1. Background 1. 1 The United Way holds an annual Day of Caring, which officially kicks off their fund raising campaign. The Fort Walton Beach Day of Caring is scheduled for Friday, September 18, 2009. 1. 2 The Day of Caring provides an opportunity for volunteers to use their hands and hard work to better the lives of United Way agency clients in our community. Projects undertaken last year by City volunteers included yard work in support of the United Cerebral Palsy of NW Florida office and group home. In