Fort Walton Beach Council agenda — 05-22-12 regular — reading text

City for which sums have been appropriated, and the parties shall be discharged from further responsibility to each other under this contract The occurrence of an event of non -appropriation shall not be deemed an event of default hereunder but shall affect a mutual dissolution of this contract. 10. City shall have the right to immediately terminate this contract upon the occurrence of Okaloosa County agreeing and obligating itself to undertake funding though taxes, assessments, or any other means for the animal control services provided by PAWS as set forth in this contract within the jurisdictional limits ofthe City. a rr IL PAWS shall, during the term, and at its sole expense, obtain and keep in force, with the City named as additional insured: U0 11. 1 PAWS shall furnish evidence satisfactory to City of the existence of and maintain of such insurance prior or contemporaneous with the 3a n commencement of the term and thereafter at least ( 15) days prior to iO the date in which such policy is required to be renewed. PAWS shall obtain a written obligation on the part of each insurance company to notify the City at least thirty ( 30) days prior to the cancellation of each u insurance. 11. 2 Commercial general liability insurance including personal injury, bodily injury, broad form property damage and operations hazard, and products and completed liability in limits not less than $ 1, 000, 000. 00 for each occurrence and $2, 000, 000. 00 in the aggregate. 11. 3 Workers' compensation insurance in compliance with applicable Florida law. The workers' compensation insurance policy shall include employer's liability insurance with limits of liability not less than $ 500, 000.00 for each accident/ $ 1, 000, 000. 00 per employee for disease/ $ 1, 000, 000.00 policy limit for disease. 11. 4 Automobile liability insurance which provides a minimum of 1, 000, 000 coverage for the exposure created by the use of " any Auto ", as described by the use of symbol I or the individual insurance company' s' equivalent, in the policy. 11. 5 The City has the right to periodically review the insurance requirements of this contract and adjust the requirements in order to conform to common standards, practices and economic conditions in existence at the time of such review. Page 3 of 4 Packet Pg. 24  8. 4. a 11. 6 Rating: All policies required to be maintained by PAWS pursuant to this section shall be issued in a form acceptable to the City by insurance companies having and maintaining at least an A- rating in the most currently available " Best Insurance Reports" and qualified to do business in Florida In no event shall any policy or policies provided for a deduction for any type of coverage in excess of 1, 000.00. Failure to provide or maintain coverage as provided in this section shall be deemed an event of default hereunder. 11. 7 Indemnity PAWS shall protect, defend, indemnify and hold the City's officials and employees, harmless from all claims, demands causes of action or liability, resulting from injury to or death of persons or damage to or loss of property sustained and arising from PAWS operations or as a proximate result of the acts or omissions of PAWS i insurer is responsible under this section. This provision does not a apply, however, to any such liability as may be the result of the direct and proximate negligence or willful misconduct of City of City' s ov: employees or agents acting within the scope of their employment. uA c 11. 8 Party Responsibility and Sovereign Immunity: To the extent allowed U by the Laws of the State of Florida and pursuant to Florida Statute 3 768/ 8, each party hereby agrees to be responsible for all claims, a demands, liabilities, and suits of any nature arising out of, because of, or due to any negligent act or occurrence, omission or commission of m the party, it's officers, employees, or agents, except as insured by PAWS insurance coverage provided herein. Nothing is intended to m serve as a waiver of the sovereign immunity of the City. V0 IN WITNESS WHEREOF, the parties have hereunto executed this contract this 3 day of , 2012. aa zcAvELaU ATTEST: CITY OF FORT WALTON BEACH City Clerk City Manager Approved: rile Animal Welfaze Society Page 4 of 4 Packet Pg. 25  6. 5 City Council of Fort Walton Beach a To: ENGINEERING & UTILITY SERVICES MEMORANDUM Robert T. Meams, City Manager From: Michael Beedic, Engineering & Utility Services Director Date: May 22, 2012 Subject: Grant of Utility Easement at 202 Moriarty Street NW BACKGROUND: I. I. In February 2012, Tracy Acree Construction, Inc. applied for a building permit to construct a single family residential structure at 202 Moriarty Street NW. 2. DISCUSSION: 2. 1. During review of the project, an existing sanitary sewer main was identified on the property. 2. 2. Subsequent review determined that no casement was ever recorded for the sanitary sewer main. A request was made of the property owner to grant an appropriate utility easement. 2. 3. An casement was drafted to encompass the area of the sanitary sewer main for purposes of construction and maintenance of the sewer main. 2. 4. The authorized representative for Tracy Acree Construction, Inc. signed the Grant of Easement to the City on March 12, 2012. 3. FINANCIAL INFORMATION: 3. 1. There is no direct financial impact to the City. 4. RECOMMENDATION: 4. 1. Staff respectfully requests City Council authorization to execute and record a utility casement for an existing sanitary sewer main at 202 Moriarty Street NW. ATTACHMENTS: Tracy Acrec Construction Grant of Easement ( PDF) SIGNATURE BLOCK: Stella Jones Completed 05/ 11/ 2012 4: 57 PM Tim Bolduc Completed 05/ 14/ 2012 4: 58 PM Michael Beedie Skipped 05/ 15/ 2012 1: 48 PM City Attorney Completed 05/ 15/ 2012 3: 42 PM Carole Jones Completed 05116/ 2012 11: 36 AM City Manager Completed 05/ 16/ 2012 1: 06 PM City Council Pending Packet Pg. 26  zoz le luawase3 Ainim io Idols: ZL80 luawase3 io 1ueJ0 uoponAsuoD aauoy 60eu1 :Iuaw4oeUV N n N a Y auN GRANT OF EASEMENT STATE OF FLORIDA COUNTY OF OKALOOSA This indenture made on 4, 1: 1, _— , 2012, by and between TRACY ACREE CONSTRUCTION, INC., a Florida Corporation, whose mailing address is Post Office Box 2492, Fort Walton Beach, Florida 32549, " Grantor`, and the CITY OF FORT WALTON BEACH, FLORIDA, a Municipal Corporation, whose mailing address Is 107 Miracle Strip Parkway SW, Fort Walton Beach, FL 32548, " Grantee ", do mutually covenant: Grantor is the owner In fee simple of that certain property described as: LOT 10, BLOCK 3, VISTA HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 86, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. 2012 OKALOOSA COUNTY PARCEL ID NO. 11- 2S- 24 -25BA -0003 -0100 Grantor is desirous of granting to Grantee, and Grantee is desirous of accepting for public benefit, an easement for construction, maintenance and service of sanitary sewer lines on and across said property of Grantor. THEREFORE, for and in consideration of the sum of Ten and no /100 Dollars ($ 10. 00) and other valuable considerations, receipt whereof is hereby acknowledged, Grantor does hereby grant unto Grantee, its successors, assigns and legal representatives, a described easement for the purpose of constructing,