Okaloosa County BOCC — October 21, 2014 — PARKING LOT IMPROVEMENT PROJECT-Revised — reading text

PARKING LOT IMPROVEMENT PROJECT JOINT PARTICIPATION AGREEMENT THIS AGREEMENT is made and entered into as of the ____ day of October, 2014, by and between OKALOOSA COUNTY, a political subdivision of the State of Florida, whose address is 302 North Wilson Street, Suite 302, Crestview, Florida 32546 (hereinafter referred to as the “County”), and AQUAGREEN, INC. d/b/a GULF COAST MARINE LIFE CENTER, a Florida non-profit corporation (hereinafter “Aquagreen”) having an address of 155 Crystal Beach Drive, Suite 101, Destin, Florida 32541 and DOMINION CAPITAL, LLC, a Florida limited liability company n/k/a DBR ENTERTAINMENT PRODUCTIONS, LLC, a Florida limited liability company (hereinafter “DBR”) having an address of 755 Graham Blvd., B105-214, Miramar Beach, Florida 32550 for the purpose of establishing the terms and conditions of a public/private joint participation project to improve an existing public parking facility. WITNESSETH: WHEREAS, the County entered into leases with both Aquagreen and DBR for the use and occupancy of separate parcels of real property as depicted on Exhibit “A”, attached hereto and made a part hereof, for the purpose of developing and operating separate public access recreational/entertainment venues; and, WHEREAS, the County owns and maintains a public parking facility with access roadways on land contiguous to the boundaries of the parcels leased to Aquagreen and DBR, which parking facilities are in need of improvements and upgrades; and, WHEREAS, Aquagreen and DBR have agreed to participate with the County by providing a portion of the funding and by coordinating the design and construction of the improvements to the public parking facilities; and, WHEREAS, the County finds that such a public/private participation project will benefit the public by: • Increasing the public access parking spaces from an assumed 51 spaces to a guaranteed 71 spaces; and, • The construction of a new stormwater management system in accordance with all applicable County codes; and, • Overall upgrade and improvement of the parking facilities to the current applicable County codes; and, • Install lighting for the public parking facility to increase safety to the public. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties, intending to be legally bound, do agree as follows:  1. That Aquagreen and DBR will enter into contracts to have the public parking lot improvement project for the parking lot areas owned and under the control of the County as shown on Exhibit “A” attached hereto and made a part hereof (the “Project”), designed, engineered and constructed with the County having the right to review and approve contracts prior to them being formalized by Aquagreen and DBR. 2. Aquagreen and DBR will advance the funds to pay all costs of design and construction for the Project. 3. That the total Project costs are estimated to be $107,501.25. The Project scope and estimated pricing are attached hereto as Exhibit “B”. The County will contribute funding in the amount of $50,000.00 towards the total cost of the Project through a reimbursement of costs after the Project work has been completed, inspected and approved by the County. Aquagreen and DBR will provide funding for the balance of the Project cost. 4. The County hereby authorizes the contractors for Aquagreen and DBR to work on the County property containing the driveway and public parking facilities as identified on Exhibit “A”, attached hereto and made a part hereof. All work on the Project will be completed in compliance with all applicable laws, codes, and regulations. 5. Aquagreen and DBR shall require their contractors performing work on the Project to maintain appropriate Professional Errors and Omissions, Comprehensive General Liability and Completed Operations insurance coverages as appropriate to the work being performed by the contractor, having the County shown as a certificate holder and additional insured on all such coverages. Certificates of insurance shall be delivered to the County prior to the commencement of any on-site construction work on the Project. 6. Upon completion of the Project, all site improvements and installations shall become the property of the County. IN WITNESS WHEREOF, the parties hereto have signed and sealed this Joint Participation Agreement on the dates indicated below to be effective as of the date first below written. BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida By:__________________________________ Charles K. Windes, Jr., Chairman Date:__________________________________ DOMINION CAPITAL, LLC a Florida limited liability company By:___________________________________ Blake Rogers, Manager Date:__________________________________ DBR ENTERTAINMENT PRODUCTIONS, LLC, a Florida limited liability company By:__________________________________ Patrick J. Barcus, Manager Date:_________________________________ AQUAGREEN, INC. d/b/a GULF COAST MARINE LIFE CENTER, a Florida non-profit corporation By:____________________________________ Patrick J. Barcus, CEO Date:__________________________________ Printed By: John Printed: Oct 15, 2014 - 10:33am EMERALD COAST CONVENTION CENTER GULF COAST MARINE LIFE CENTER EMERALD COAST WILDLIFE REFUGE EXHIBIT A WILD WILLY'S ADVENTURE ZONE C:\HENDERSON ENGINEERING\PROJECTS\14-04 GCMLC\county exhibits.dwg PUBLIC PARKING IMPROVEMENT PROJECT OCWS LIFT STATION MAINTENANCE AREA US HIGHWAY 98 200' RIGHT OF WAY OCTOBER 7, 2014 1" = 80' 1 1  EXHIBIT "B" Wild Willy's County Parking PROJECT SCOPE AND PRICING Additive Alternate #1 EARTHWORK AND DEMOLITION Demo Concrete 6175 SF $0.75 $4,631.25 Demo Curbing 350 LF $2.00 $700.00 Demo Asphalt 300 SY $2.20 $660.00 Remove Clay Base Under Parking Lot 450 CY $5.00 $2,250.00 Earthwork(For Replacement of Clay Base) 450 CY $4.00 $1,800.00 Earthwork(Retention and Parking Area) 800 CY $4.00 $3,200.00 Sod (Retention Ponds Only) 0 SY $2.85 $0.00 Grade Swales 1 LS $2,100.00 $2,100.00 Finish Grading 3500 SY $0.40 $1,400.00 Subtotal $16,741.25 ASPHALT PARKING 1.5" SP 12.5mm Asphalt Paving 235 TN $98.00 $23,030.00 6" Crushed Concrete Base (OBG 4) 2600 SY $9.85 $25,610.00 12"Stabilized Subgrade LBR 40 2860 SY $4.00 $11,440.00 Type "F" Curb 490 LF $14.00 $6,860.00 Striping & Signage 1 LS $6,800.00 $6,800.00 Subtotal $73,740.00 STORM DRAINAGE SYSTEM Type "C" Inlet 2 EA $1,050.00 $2,100.00 18" ADS Pipe 220 LF $21.00 $4,620.00 Subtotal $6,720.00 MISCELLANEOUS Mobilization 1 LS $3,500.00 $3,500.00 Dewatering for Retention Pond 200 LF $10.00 $2,000.00 Construction Layout (USG Scope Only) 1 LS $2,800.00 $2,800.00 Asbuilt Survey (Redline Drawings) 1 LS $1,000.00 $1,000.00 Testing & Cleanup (USG Scope Only) 1 LS $1,000.00 $1,000.00 Subtotal $10,300.00 Subtotal $107,501.25