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

t:!' Ii z : W 6 1 fj g",' o r~.. it".') r) i ct. 0. 1\ 1''- N. y',,;, ,.' Y~~;; m<t?{,.. r.'>. .. -, f1. rJ'}' y f. ff~.~~~. .. ~.~,;. Y'~~)~. Y\\\, . " 411,.:'"' 13".../~~_: S.':."'" ;$.'~ : d,~", ,{.'" :~ J",~ ,~,;&: 1,.- b'~~~"'-;" _ .~.' iSj~~.."",.~"....~" .."" ,~ i \' ~, r~\. ' J..,'~ j , ~;:, j\}!~' '., ~~ \ \\ " '~ 1l 1/- ,. ~", fi\ ~= "'.... ''':: fJJ''''''_>#'~ I 1' I t~~ ..~ I. ..- ....  wi Ci Beach Community Bank MBC# D1231. 0005. 00 Date: October 27, 2005 I''' f'.' N:' ; G IMPROVEMENTS WITHIN FDOT R. O. vv. Sidewalk Pavers ( 8' sidewalk) 7, 920. 00 Pavers ( Driveway Entrance) 3, 735. 00 Existing Concrete Removal 4, 515. 00 Site Preparation 1, 500. 00 Total 17,670.00 NOTE: All Prices Relative to Current Market Values at the time of Cost Opinion. costs Page 1 File: Beach Community Bank ATM Site 10-27-05.xls  o o STREETS CAPE MAINTENANCE AGREEMENT State of Florida County of Okaloosa This Agreement is entered into on , 2005, by and between Beach Community Bank, " Owner" and City of Fort Walton Beach, Florida, a Municipal Corporation, " City." The parties do agree and covenant: 1. Burdened Property. Lots 375 through 377, Ocean City Subdivision, according to the plat thereof as recorded in Plat Book 2, Page 28A, official records of Okaloosa Florida, less and County, except road right- of-way AND that portion of Fourth Street ( A 60' right-of-way) lying between Chestnut Avenue and Perry Avenue, vacated by City of Fort Walton Beach Ordinance 1445, subject to easements and reservations of record by City of Fort Walton Beach, Florida. 2005 Parcel ID Number: 13- 2S- 24- 191 0- 0375- 0000 2. Project Area. The " Project Area" shall be that portion of the State Road 145 ( Perry Avenue SE) right- of-way, specifically defined as that area located between the north curb of State Road 145 and the north side of the State Road 85 right- of-way located between State of Florida of Department Transportation ( FDOT) Mile Post .465 and Mile Post .510 in Okaloosa County, Florida. 3. Need for Agreement. Owner and the City agree that the Project Area is in need of and shall have made specific streetscape improvements to improve and enhance the aesthetic quality of the Project Area for the public benefit. For the portion of the streetscape improvements located within the FDOT of- right- way, the City shall enter into an agreement with the FDOT to maintain the Project Area. If the Owner fails to meet any of the financial or physical requirements of the City' s Agreement with FDOT attached as Exhibit " A", the City may execute its rights as stated in the Agreement and tenninate the Agreement with the FDOT, and the Owner, its successors or assigns will be responsible for all costs incurred through the tennination of the agreement. 4. Grant Application. 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 construct, maintain and service streetscape improvements, including but not limited to, placing landscape materials, pavers, tree grates, irrigation systems, benches, trash receptacles, bollards, decorative light fixtures and associated electrical wiring, and overhead utilities underground, and constructing sidewalks.  c o 5. Improvement Plan. Owner has submitted and City has approved a plan for the specific improvements to be made to the Area. Such specifications are attached as Exhibit " Bu and incorporated into Project 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 State Project Area, in a reasonable manner, and with due care, in accordance with all applicable 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 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, the 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 future needs of the any In such event, the City shall give Owner at least City. written notice regarding such need and the requirement for removal, relocation or sixty ( 60) days adjustment. Owner then shall be allowed at least sixty (60) days to meet the requirements