Fort Walton Beach Council agenda — 12-24-2010 Regular — reading text

m v CL ~ Q- O H Co a) o V1 3--- C U ral U 0 O Z Q U) y* fA n -- -- ym C6 • a Q' Act s o rV rw! C4 t LU I Packet Pg. 11  7. 1 City Council of Fort Walton Beach CITY MANAGER MEMORANDUM To: Robert T. Mearns, City Manager From: Carole Jones, Executive Assistant Date: December 14, 2010 Subject: Approval of Agenda SIGNATURE BLOCK: Carole Jones Completed 12/ 09/ 2010 11: 29 AM Carole Jones Completed 12/ 09/ 2010 11: 29 AM City Manager Completed 12/ 09/ 2010 11: 30 AM City Council Pending Packet Pg. 12  8. 2 City Council of Fort Walton Beach ENGINEERING SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michael Beedie, City Engineer Date: December 14, 2010 Subject: FDOT Maintenance Agreement for ROW on Eglin Pkwy L BACKGROUND: 1. 1. The property owner at 2 Eglin Parkway NE has applied for a CRA Matching Streetscape Grant and submitted a permit application to install brick pavers along Hollywood Boulevard and Eglin Parkway in Fort Walton Beach. 1. 2. The Florida Department of Transportation ( FDOT) requires the City to enter into an agreement to facilitate the installation, maintenance, ongoing upkeep, removal, or replacement of any sidewalk improvements in the FDOT right -of w - ay along a state road. 2. DISCUSSION: 2. 1. The property owner at 2 Eglin Parkway NE has applied for an FDOT permit to install brick pavers in the right -of w - ay of Eglin Parkway NE (State Road 85). 2. 2. A maintenance agreement between the City and FDOT must be executed in order to allow the installation of the pavers on the FDOT right -of w - ay. 2. 3. The City will enter into a separate, similar agreement with the property owner requiring the property owner to maintain the sidewalk improvements in accordance with FDOT standards and the CRA Matching Streetscape Grant Program. 3. FINANCIAL INFORMATION: 3. 1. There is no financial impact from executing the maintenance agreement with FDOT. After completion of the project and execution of a similar maintenance agreement between the City and the property owner, the property owner may be eligible for up to 10,000 in matching streetscape grant funds from the CRA for the improvements along the Eglin Parkway NE right -of w - ay. 4. RECOMMENDATION: 4. 1. Staff recommends that City Council authorize the City Manager to execute the FDOT sidewalk maintenance agreement for improvements along the Eglin Parkway NE right -of- way in front of 2 Eglin Parkway NE. ATTACHMENTS: FDOT Maint Agreement ( PDF) SIGNATURE BLOCK: Michael Beedie Completed 12/ 09/ 2010 10: 39 AM Packet Pg. 13  8. 2 City Council of Fort Walton Beach ENGINEERING SERVICES MEMORANDUM To: Robert T. Mearns, City Manager From: Michael Beedie, City Engineer Date: December 14, 2010 Subject: FDOT Maintenance Agreement for ROW on Eglin Pkwy City Attorney Completed 12/ 09/ 2010 11: 23 AM Carole Jones Completed 12/ 09/ 2010 11: 06 AM City Manager Completed 12/ 09/ 2010 11: 15 AM City Council Pending Packet Pg. 14  8. 2.a HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this day of , 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the " Department" and THE CITY OF FORT WALTON BEACH, FLORIDA, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the " City." WITNESSETH WHEREAS, the Department owns State Road 85 in Okaloosa County, Florida right -of- way, and more specifically for this Agreement the " Project Highway Area" will be that area located between the west curb of State Road 85 and the west side of the State Road 85 right -of- way located between Mile Post 0. 754 and Mile Post 0. 822 in Okaloosa County, Florida; and WHEREAS, the Department and the City are of the opinion that the Project Highway Area should have the sidewalk replaced, necessary to improve and enhance the aesthetic quality of the Project Highway Area; and WHEREAS, the City shall maintain the Project Highway Area by performing litter removal and sidewalk maintenance. NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. Until such time as the improvements are removed from the Project Highway Area, pursuant to Paragraphs 3 and 5 hereof, the City shall at all times maintain the Project Highway Area in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards and procedures. Specifically, the City agrees to maintain the public sidewalk and keep the litter removed from the Project Highway Area. 2. Maintenance of the Project Highway Area shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to be not in conformance with the Department, in addition to its right of termination under Paragraph 4( a), may, at its option, perform any necessary maintenance without need of any prior notice and charge the cost thereof to the City. 1 Packet Pg. 15  8.2.a 3. It is understood between the parties hereto that any or all of the improvements in the Project Highway Area may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road may be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The City shall be ;given notice regarding such removal, relocation or adjustment and shall be allowed sixty ( 60) days to remove all or part of the improvements in the Project Highway Area at its own cost. The City will own that part of the improvements it removes from the Project Highway Area. After the sixty (60) day removal period, if the City has not removed, relocated or adjusted the improvements, the Department will become the owner of the unremoved portion of the Project Highway Area and the Department then may remove, relocate or adjust the Project Highway Area as it deems best, with the City being responsible for the cost incurred for the removal of the Project Highway Area. 4. This agreement shall be terminated under any one of the following conditions: a) By the Department, if the City fails to perform its duties under this Agreement following fifteen ( 15) days written notice. b) By either party following sixty (60) calendar days written notice. 5. In the event this Agreement is terminated in accordance with Paragraph 4, the City shall have sixty (60) days after the date upon which this