Fort Walton Beach Council agenda — 04-26-05 — reading text

City of Fort Walton Beach Memorandum To: Joyce Shanahan, City Manager From: Thomas Murray, Public Works Director Date: April 18, 2005 the Driveway at 61 Ferry Road Subject: Right of Entry Agreement for Repairing round: Back!! As part of the Florida Department of Transportation (FDOT) project for replacing the Ferry Road The resulting and sidewalk at 61 Ferry Road were modified. bridge, a portion of the driveway from an inadequate design. driveway has poor drainage, stemming and the 61 Ferry Road resident, FDOT proposes In coordination with the City of Fort Walton Beach of the necessary prerequisites is to correctthe by reconstructing the driveway. One drainage problems with a Right of Entry Agreement. for the City to grant temporary access rights to FDOT the Right of Entry Agreement on March 16, For expediency, the City Manager previously signed for the 2005. That approval allowed FDOT to execute the Agreement and hire a contractor reconstruction. The City is currently awaiting infonnation from FDOT on the construction schedule. Council for ratifying approvaL Administratively, the Agreement is now before the City Discussion: The City Council approved a The Right of Entry Agreement is a typical construction requirement. ( This agreement allows FDOT to similar agreement in February 2003 prior to the bridge replacement.) and enter the City' s right- of-way in order to repair the driveway and sidewalk, improving drainage the work Road and the property. The specific details of providing a proper transition between Ferry are shown in the drawings attached to the Agreement. Recommendation: which was previously executed by Recommend the City Council ratify the Right of Entry Agreement, the City Manager. Submitted By: JJr/ DJ Date Reviewed and Concur: Vol-Ie CJ J Shanahan, City Manager Date Jo Attachments: 25, 2005 Right of Entry Agreement dated March 4, 2005 City Attorney E-mail dated March Page 2 doc U:\ PUBLlC WORKS ADMIN\ CC Agenda\ cc.050426. Ferry Rd Right of Entry Agreement.  RIGHT OF ENTRY AGREEMENT STATE OF FLORIDA COUNTY OF () J:.~ ()() Sa.. I entered into on the ' t5t' L day of ~ 20oS, by and This AGREEMENT, made and between OWNER" and Parsons Transportation Group, Beach, hereinafter called the " City of Fort Walton hereinafter called " Parsons." WITNESSETH: to enter into said Agreement and Parsons has been requested by WHEREAS, the owner has the authority hereinafter described; and the owner to undertake the project which are located affected by the above referenced project WHEREAS, there are certain improvements the Owner' s property; and upon of the Owner to modify the the Owner to be in the best interest WHEREAS, it is hereby determined by the above referenced project. existing improvements with and representations herein, of these mutual covenants, promises NOW, THEREFORE, in consideration the agree as follows: parties shall have the right and/or its duly authorized representative 1. 0 The Owner hereby agrees that Parsons lands for the purpose of undertaking the project as further to enter upon the Owner' remaining s hereof, hereinafter called and by this reference made a part described in Exhibit " A" attached hereto the project, save, and hold harmless Parsons the Owner shall indemnify, defend, 2. 0 To the extent permitted by law, from any claim, loss, damage, cost, charge or expense and all its officers, agents and employees or any of its officers, agents, omission or negligent act by the Owner arising out of any act, error, employees, or representatives. that the project was within thirty days of project completion, 3. 0 The Owner will certify in writing, the Owner' s and specifications, is in place on completed in accordance with applicable plans the Owner as suitable for the intended purpose. facility, and that the project accepted by is on the Owner' s property constructed under this 4. 0 The Owner agrees to maintain any project agreement. have caused these presents to' be executed the day and year first In WITNESS WHEREOF, the parties above written. PARSONS: OWNER: 3. I 0 ~ b.. Date 7I~ W~ yz.r6tr Signature ate I CJ:, tE(l yc.e s h It ~Cl ka"' L JiJNk e. S Print Name (please or Type) Name'( Please print or type) ViCe; ptBS/{)etJr C; Title 7dk~ Title  N I JI L. 1':' 1~ 0 zo.: 1-11 I I~~ I I i I II f. I oS111 I I I /-. I~>': i C)..~ w I II I I 1l2J l- 9a.:~ i::