Fort Walton Beach Council agenda — 11-22-05 ‎(regular)‎ — reading text

Owner has applied for and the City has approved a City of Fort Walton Beach Matching Streetscape Grant. Therefore, this Agreement shall be construed in accordance with the City of Fort Walton Beach Matching Streetscape Grant documents and procedures, a copy of which Owner hereby acknowledge receipt. Such Grant and procedures allows and requires Owner to  o o construct, maintain and service streetscape improvements, including but not limited to, placing landscape materials, pavers, tree grates, irrigation systems, benches, trash bollards, receptacles, decorative light fixtures and associated electrical wiring, and overhead utilities underground, and constructing sidewalks. 5. Improvement Plan. Owner has submitted and City has approved a plan for the specific improvements to be made to the Project Area. Such specifications are attached as Exhibit " B" and into incorporated this Agreement by reference. 6. Expense of Improvements. Owners shall install the improvements as described in Exhibit " B" at its sole expense. 7. Service & Maintenance of Improvements. Owner shall at all times construct said improvements, and service and maintain the Project Area, in a reasonable manner, and with due care, in accordance with all applicable State and City guidelines, standards and procedures. 8. 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 r'i~ inspect the Project Area to ensure compliance with the letter and intent of this Agreement. If the City determines that Owner are not properly servicing and maintaining the Project Area or are otherwise not in conformance with State and City laws, ordinances, procedures and guidelines, die City may perform any necessary service or maintenance, without prior notice to the Owner, and charge the cost thereof to the Owners. b. The City, at its sole discretion, may require Owners to remove, relocate, or adjust the improvements in the Project 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 do 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-way, the City shall have exclusive ownership of such improvement. 9. Termination. This agreement may be terminated by joint written consent of the parties. 10. Recordation. Owner shall at its sole expense, properly record this Agreement and the applicable Easement in the Public Records of Okaloosa County, Florida. 2  o o 11. 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. 12. 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. Witnesses: Owner: BCB Holdings, LLC By: A. Anthony Hughes, Registered Agent Print Name Print Name This document was acknowledged and executed before me on 2005, by A. Anthony Hughes, Registered Agent, BCB Holdings, LLC. Notary Public Personally known Produced Identification: Attest: City of Fort Walton Beach, Florida By: Helen A. Spencer, City Clerk Mayor Mike Anderson This document was acknowledged and executed on 2005, by Mike Anderson and Helen Spencer, in their representative capacity as the City Mayor and the City Clerk, in the name of the City of Fort Walton Beach, Florida. Notary Public 3 OIL~~~ l~:lb t: I:I~t: I-'-': lLt: It:I UUI rl W~ LI~~ D~~ wM r-~\: Jt:. I: J-' o o EXffiBIT " A'" HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entcred into on this t # day of JaI1 v t' vt-' d- ' 20 113, by and between the 51 ATE OF FLORIDA DEPARTMENT OF TRANSPORTArION, a com. ponent agency of the State of Florida, hereinafter caUed the " Department" and FORT WALTON BEACa, FLORIDA, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the UCity," WITNESSETH WHEREAS, the Department owns State Road 85 in Okaloosa County; Florida right. of.. way between Mile Post . 650 and Mile Post . 678 in Oka}oosa County, Florida, and more specifically for this Agreement the " Project Highway Area" will be that area located between the east curb of State Road 85 and the east side of the State Road 85 right- or-way located between Mile Post .650 and Mile Post . 678 in Okaloosa County, Florida; and WHEREAS, the Department and the City are of the opinion that the Proj~ t 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 perfonning 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 fro~ the Project Highway Area, pursua~ t to Paragraphs 3 and 5 hereof, the City shall at an times maintain the Project Highway Area in a reasonable manner and with due care in accordance with all applicable Department g~idelines, standards and procedurcs. SpecificaUY, the City agrees to maintain the public sidewalk and keep the litter removed from the Project Highway Nea. 2. Maintenance of the Project Highway Area shall be subject to periodic inspections by the Depa~ ment. 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 tcnnination under Paragraph 4( a), may, at its option, 3 l/~b/~~~~ !~: lb t:: I::!tl1j~~' j~t:: I1j VUI ~ I W~ LIUN ~~~~ H r-~ l: I~ t:Jq o perfonn any necessary maintenance without need of any prior notice and charge the cost thereof to the City. 3. It is understood between the parties hereto that any or aU 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 ox: 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