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

as described the by If Owner do not satisfy the requirements of the City, then the City may City. satisfy such requirements and charge the cost thereof to the Owner. shall c. Upon placement of any improvement in the public right- of-way, the City 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. 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. 2  o o 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: Beach Community Bank By: A. Anthony Hughes, President Print Name Print Name This document was acknowledged and executed before me on 2005, by A. Anthony Hughes, President Beach Community Bank. 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  o o I EXHIBIT " An 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, and FORT a component agency of the State of Florida, hereinafter called the " Department" W ALTON 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 145 in Okaloosa County, Florida right- of- way between Mile Post . 510 and Mile Post . 465 in Okaloosa County, Florida, and more area located between the specifically for this Agreement the " Project Highway Area" will be that north curb of State Road 145 and the north side of the State Road 145 right- of-way located between Mile Post . 510 and Mile Post .465 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 litter WHEREAS, the City shall maintain the Project Highway Area by performing removal and sidewalk maintenance. the NOW THEREFORE, for and in consideration of the mutual benefits that flow each to other, the parties covenant and agree as follows: 1. Until such time as the improvements are removed from the Project Highway the Project Area, pursuant to Paragraphs 3 and 5 hereof, the City shall at all times maintain Highway Area in a reasonable manner and with due care in accordance with all applicable the City agrees to maintain the Department guidelines, standards and procedures. Specifically, Area. public sidewalk and keep the litter removed from the Project Highway 2. Maintenance of the Project Highway Area shall be subject to periodic inspections not carried by the Department. In the event that any of the aforementioned responsibilities are out or are otherwise determined by the Department to be not in conformance with the under Paragraph 4( a), may, at its option, Department, in addition to its right of termination  c o thereof perform any necessary maintenance without need of any prior notice and charge the cost to the City. 3. It is understood between the parties hereto that any or all of the improvements in the Proj ect 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 adjustment or and shall be allowed sixty ( 60) days to remove all or part of the improvements in the Project it removes from Highway Area at its own cost. The City will own that part of the improvements the Proj ect Highway Area. After the sixty ( 60) day removal period, if the City has not removed, will become the of the relocated or adjusted the improvements, the Department owner unremoved portion of the Project Highway Area and the Department then may remove, relocate for the cost or adjust the Project Highway Area as it deems best, with the City being responsible incurred for the removal of the Project Highway Area. 4. This agreement shall be terminated under anyone of the following conditions: this a) By the Department, if the City fails to perform its duties under 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 terminated City shall have sixty ( 60) days after the date upon which this Agreement is effectively 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 standards, the period, if the City has not restored the right- of-way to then current Department Area or all or part of the Project Department then may take any action with the Project Highway costs incurred, including Highway Area it deems best, with the City being responsible for any restoration costs. that it 6. Subject to Section 768. 28, Florida Statutes, the City covenants and agrees will indemnify and hold harmless the Department and all of the Department's officers, agents 0 fa ny act, and employees from any claim, loss, damage, rent, charge 0 r expense arising 0 ut whether direct action, neglect or omission by the City during the performance of the Agreement, 2  o o be or indirect and whether to any person or property to which the Department or said parties may subject, except that neither the City nor any of its subcontractors will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. Nothing herein shall serve to waive, alter, or affect the sovereign immunity of either party. 7. This Agreement embodies the entire a greement and understanding between the with parties hereto and there are no other agreements or understandings, oral or written, reference to the subject matter hereof that 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 shall be governed by and construed in accordance with the Laws of the State of Florida. 10. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage