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

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 shalJ be terminated under anyone of the following conditions: a) By the Department~ if the City fails to perfoIm 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 tenninated in accordance with Paragraph 4~ the City shall have sixty (60) days after the date upon which this Agreement is effectively terminated to remove all or part of the remaining improvements in the Project Highway Area and restore to then current department standards at its own cost and expense. The City will own those improvements removed from the Project Highway Area. After the sixty ( 60) day removal period, if the City has not restored the right- of-wa.y to then current Department ~ tandards, the Department then may take any action with the Project Highway Mea or a11 or part of tbe Project Highway Area it deems best, with the City being responsible for any costs incurred, including restoration costs. 6. Subject to Sectjon 768. 28, Florida Statutes, the City covenants and agrees that it will indemnify and hold harmless the Department and aU of the Department' s officers, agents and employees from any claim, loss, damage, rent, charge or expense arising out of any act. acti.on, neglect or omission by the City during the perfonnance of the Agreement, whether direct 2 Lf 01/ 86/ 2063 10: 16 8568339288 DOT FT WALTON BEACH PAGE 05 0 or indirect and whether to any pasan or property to which the Department or said parties may be subject, except that neither the City nor any of its subcontractors wi11 be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or rcsulting from thc sole negligence of the Department or any of its officers, agents or employees. Nothing herein shall serve to waiv'c, alter, or affect the sovereign immunity of either party. 7. This Agreement embodies the entire agreement and understanding bctween the parties hereto and there are no other agreements or understandings, oral or written, with reference to tbe subject matter haeofthat are not merged herein and superseded hereby. 8. This Agreement may not be assigned or transferred by the City except that the City may enter into a contract to have the services perfonned by a contractor. 9. This agreement shaU be governed by and construed in accordance with the Laws of the State of Florida. 10. AIl notices, demandst 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: a) If to the Department, addressed to: FLORIDA DEPARTMENT OF TRANSPORTATION POST OFFICE 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 b) If to the City, addressed to: REID SILVERBOARD, CITY MANAGER CITY OF FORT W ALTON BEACH POST OFFICE BOX 4009 FORT WALTON BEACH, FL 32549 or at such other address as the City may from time to time designate. An time limits provided hereunder shall run from the date of receipt of all such notices, demands. requests and other instruments. 3 s 01/ 05/ 2003 10: 15 8508339288 DOT FT WALTON BEACH PAGE 05 o C) IN WITNESS WHEREOF, the parties hereto have caused these presents to be ex.ecuted the day and year first above written. STATE OF FLORIDA F SPORTATION Department Approval a Form and Legality DEPARTflE~ By: ~ I H'-... r/l E. H. Prescott, District Secretary ATTEST: GftlU .)~.(1li.; ExecutiV'e Secretary u,"-, CITY OF FORT WALTON BEACH, A Po . ical Subdivision 0 the tate of Florida 4/ 2. 7/ cr7- City Approval as to Date, Form and Legality ATTEST: 4 C: IDocuments Bnd SetlngslayerbmughlDesI<lop11231. 002-11x17, dwg, l. ayout1, Byerbrough, Oct 27, 2005 - 11: 48: 04am Y i Kr J C-,., 3-.~:=::::=: i:': ~= == :."::":= =-' =--= == =' == =:= =: _~ ,::=-= '::::: :::: :==-~-:': :: I I',)'" 1J 0 0' 0' _'_ __.. 1___. I, '-" I! r- I I i,' 1 cnooo I I