Fort Walton Beach Council agenda — 06-26-2007 regular agenda — reading text

Professional' s profession who are acting in the community in which the services are provided under similar circumstances. If the Design Professional' s in the event of any litigation between the Client and the Design Professional services fall below this standard of care, then the Client shall provide notice of arising out of, resulting from or relating to this Agreement or the Project, the the same. to the Design Professional. and allow the Design Professional an prevailing party shall be entitled to recover the prevailing party' s reasonable opportunity to correct such services before the Design Professional shall be attorneys' fees and court costs, at the trial and at all appellate levels. Hable for any damages suffered or incurred by the Client as a result of such failure of the Design Professional to meet the aforesaid standard of care. The 23. Severability Design Professional and the CHent recognize that this Project involves risk. In the event that any provision of this Agreement is found to be invalid or While the Design Professional shall be liable for its negligent acts and errors, the unenforceable for any reason ( whether on its face or as applied), the same shall Design Professional and the Client hereby agree as follows regarding the Design be deemed excised and such excision shall have no effect upon the remaining ssional' s liability arising out of or relating to this Agreement andror the provisions hereof. It is the intent of the parties that this Agreement be enforced ct to which it relates: ( i)in relation to any negligent omissions by the Design to the fullest extent permitted by law. ssional, the Design Professional' s liability shall be limited to the cost, enses or damages suffered or incurred by the Client as a result or 24. Entire Understanding and Lack of Waiver consequence of any such negHgent omissions, but in no event sh.all the Design This Proposal/ Agreement represents the entire understanding between the Client Professional be liable for the cost of the labor, equipment, services or materials and the Design Professional in respect to this Project. and may only be modified which the Design Professional negligently omitted Which. if they had not been In writing. The failure of either party to require strict performance by the other omitted, would have been included in the Project and paid for by the Client in shall not constitute a waiver of any of such party' s righls pursuant to this any event; and (ii) in relation to both the provisions of "( 1)'" just preceding this clause, Agreement, or to thereafter require strict performance by such other party. and in relation to any and all other claims for losses, expenses, costs, liabilities and damaqes of any kind whatsoever for which the Design Professional may  LAND DEVELO Met regularly with the Community Development Services Department staff and identified key issues and concerns with the present land development code and discussed the ideal land development code for the future. Compared the Recodified Volume 1/ & IV documents with the original land development code and placed in into a tabular Excel spreadsheet. This helped the staff identify where certain parts of the old code are presently located in the newest document. Once a new land development code has been adopted, an additional column will be inserted to identify where the newest language has been located. Prepared draft chart which identified all the permitted land uses in each zoning district. In each district, permitted land uses were also highlighted as being conditional or prohibited. Identified key graphics from other communities and recreated them into the proper format for our purposes. Read the present land development code and identified sections which need to be deleted and which ones need to be revised. Prepared draft flowcharts which will be useful in explaining to the reader the appropriate procedures and processes which must be followed. Condensed the major elements of each zoning district and compiled them into a more "user- friendly" format (with graphics) to explain setbacks, height, sidewalks. ( See Sample Attachment) Determined the appropriate strategy for revising the land development code. Periodically brought chapters/ sections to the Municipal Planning Board meeting to obtain comments, suggestions, and concerns from the board members. He!d a Public Workshop at the Public library for the Design Professionals to review the LDC progress and comment on. Prepared Powerpoint presentation on the overall document and used it at the Workshop as part of the presentation. Reviewed new Florida State Statutes related to Concurrency and incorporated them into the section related to this element. Compiled the sections (particularly the Development Standards and Resource Protection sections) which were similar into key areas for the new document' s composition. Incorporated graphics throughout the entire document. Renumber the sections to make them easier for the reader to find things.  City of FO~ g'<<~ Lton Beach Land Develop\We:ntFode Revision 2Q07 Date Body Action Chapter Review/ Discuss June CDS Staff General Provisions MPB Discuss/ Recommend July June CDS Staff ReviewlDiscuss Supplemental Standards Discuss/ Recommend July MPB CDS Staff Review/ Discuss Concurrency July MPB Discuss/ Recommend August CDS Staff Review/ Discuss Glossary July MPB Discuss/ Recommend August  TABLE OF CONTENTS G E A s N D U E M B R D I A I N L V I I fl'- t:i; S P S R T I o R o V N A I T S R I I E o G o N x N S S GENERAL PROVISIONS ADMINISTRATIONI SUBDIVISION ENFORCEMENT REGULATIONS o R E E z 11 t~ tJI V S o I- I~~~ :. 1. ~~ E L o U N o R I P C N M E G E Side Street N Building placement T P D R I S