Fort Walton Beach Council agenda — 03-24-10 regular — reading text

G. The member agrees the Board of Trustees, its Administrator, and any of their other agents, servants, employees or attorneys, shall be permitted at all reasonable times and upon reasonable notice to inspect the property, work places, plants, works, machinery. and appliances covered pursuant to this Agreement or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, and shall be permitted at all reasonable times while the member participates in the Trust, and up to and including two (2) years following the termination of its membership in the Trust, to examine the members' books, vouchers, contracts, documents and records of any and every kind which show or tend to show or verify any loss that may be paid or may have been paid by the Trust on behalf of the member pursuant to this Agreement, or any other agreement, certificate, document, or other instrument executed by the member and the Trust pursuant to this Agreement, or which show or verify the accuracy of any contribution which is paid or payable by the member pursuant to the terms of this Agreement, or any other agreement, certification, document or any other instrument executed by the Trust and the member pursuant to this Agreement; H. The members hereby delegate to the Board of Trustees the responsibility to contract for handling the administrative and servicing functions of the Trust. The Board may pay a reasonable fee for such, which shall be negotiated from time to time by the Board of Trustees. These fees shall be in consideration of all services and expenses contracted for with the Trust, which services or expenses may include the collecting, disbursing, and accounting for monies collected, counseling with members as to the safety hazards, claims handling and investigations, and legal services, actuarial services and accounting services and for the purpose of providing for excess insurance coverage. Books and records of all contractors employed by the Trust are to be open to inspection by the Board of Trustees or their agents at all reasonable times and as otherwise required by law; The member and the Trust agree the administrator, to be appointed by the Board, shall deposit to the account of the Trust, at any bank or banks designated by the Board, all contributions or other monies, as and when collected and said monies shall be disbursed only as provided by ( 1) the Trust's Agreement and Declaration of Trust, ( 2) the rules, regulations and by -laws of the Board, and ( 2) the Agreement between the Board and the administrator; J. The member and the Trust agree that the Trust is to defend in the name of and on behalf of the member any claims, suits or other legal proceedings which may at any time be instituted against the member on account of bodily injury liability, property damage liability, errors and omissions liability, civil rights liability, personal injury liability or any other such liability, monetary or otherwise, to the extent such defense and liability has been assumed by the Trust pursuant to this Agreement or any other agreement, certificate, documents, or other instrument executed by the Trust and"the member pursuant to this Agreement, subject to any and all of the definitions, terms, conditions and exclusions contained in said agreements, certificates, documents or other instruments, although such claims, suits, allegations or demands are wholly groundless, false, fraudulent, and to pay all costs taxed against the member in any such legal proceedings defended by the Trust or the members, all interest accruing after. entry of judgement in such proceedings, and all expenses incurred in the investigation, negotiation or defense of such claims, suits, allegations or demands. Such defense shall be subject to the control of the Trust and its Administrator, which may make such investigation and settlement of any such claim, suit, or other legal proceeding, monetary or otherwise, as they deem expedient; K. The member agrees the liability of the Trust is specifically limited to the discharge of the liability of its members assumed pursuant to this Agreement or any other agreement, certificate, document, or any other instrument executed by the member and the Trust pursuant to this Agreement; FMIT IND 1004 Page 2 of 4  CITY COUNCIL MEETING March 24, 2009 General Public Comments from the General Public on items not otherwise on the agenda Agenda Item Number: 6  CITY COUNCIL MEETING March 24, 2009 Quasi Judicial Agenda Consideration of a request for a third 12 month extension of the approval of a site plan for Alta Vista Condominium located at 220 Miracle Strip Parkway, SW Development Services Director) Agenda Item Number: 7  CITY OF FORT WALTON BEACH PUBI..IC SERVICES DEPARTMENT MEMORANDUM Date: March 16, 2009 To: Robert Mearns, Acting City Manager From: Christy R. Johnson, AICP, Principal Planner, Division of Community Redevelopment From: Missy McKim, Division of Development Services Director Through: Thomas Murray, P. E., Public Services Director Subject: Request for Extension of Development Order —Altavista Condominium ( 06- 01 - SP) REQUEST: Crews Investments Miracle Strip, LLC is requesting a third 12 month extension of the site plan for Altavista Condominium located at 220 Miracle Strip Parkway SW. The site plan received approval from the City Council on March 28, 2006. City Council approved the first 12 month extension on March 27, 2007, and the second extension on March 25, 2008. The project consists of a nine -floor, 53, 969 square foot building with 20, 453 square feet of office space on the first three floors and four resort residential condominium units each on the top six floors, for a total of 24 resort residential units. An off street - parking lot provides parking spaces for the office and residential land uses. DISCUSSION: Section 12. 45. 07 of the Land Development Code requires that a building permit must be secured for a project within 12 months of site plan approval. If an application for a building permit has not been submitted within 12 months of the approval, the site plan becomes null and void. City Council may approve an extension of the site plan approval for an additional 12 -month increment, upon a recommendation from the CRA Board of Commissioners. The required fee of $150. 00 for a site plan extension was receipted on December 30, 2008. The City Council approved the site plan subject to the following conditions: Note: This recommendation is based upon the application and site plan developed by Jenkins, Stanford & Associates, Inc. ( project # 1050. 06. 001, dated February 10, 2006) and the architectural drawings and elevations developed by Prescott Architects, Inc. ( project # 2601 dated 1/ 20/ 06). 1. Prior to issuance of a building permit: a. The applicant agrees to work with staff to allow for a 14 -foot first ' floor elevation, more windows on the first three floors, and more articulation and detail on the upper six floors in order to "... assist in creating a pedestrian- friendly environment that is distinct from the suburban character of surrounding communities" ( Urban Master Plan). The applicant agrees to work with staff to extend the portico the width of the front drive only if it does not reduce the number of parking spaces. b. The site plan and conceptual landscape drawings that are affected by the addition of a portico shall also be revised. Development Order Page l of 3 CRA Case 06 -01 - SP Extension of Time  c. The project shall meet the requirements of LDC Section 12. 100. 03, Archaeological Resource Review, and Historical Preservation Act, as adopted February 28, 2006. d. A landscape plan prepared by a professional landscape architect or nurseryman must be submitted and approved by CDS staff. The plan must comply with all applicable regulations in Chapter 12. 71 of the LDC, including design for an irrigation system with a well. The plan shall identify preserved trees on the site and include a note in the plan that states " No protected trees identified for preservation on this plan shall be removed without documentation from the City stating that the tree is diseased, dead, or poses a hazard." e. A valid executed cross -access, parking, ingress and egress easement with the owners of the adjacent properties to the east and west must be approved by the City Attorney. 2. Prior to granting a Certificate of Occupancy the condominium association documents shall be reviewed and approved by the City Attorney, and shall provide guarantees for continued maintenance of all common areas and a restriction on the use of the 24 units as transient lodging units unless adequate parking (2 spaces per unit) is provided for permanent residential uses. COMMUNITY REDEVELOPMENT AGENCY(CRA) RECOMMENDATION: The CRA Board of Commissioners recommended approval of a 12 month extension of the site plan on March 4, 2009, by a unanimous vote, subject to the conditions in the Development Order. CITY COUNCIL RECOMMENDATION: The City Council may consider, but is not limited to, the following options: 1. Approve the CRA Board' s recommendation for an extension to the development order 2. Approve the extension of the development order with changes 3. Deny the twelve month extension of the development order CDS staff recommends Option No. 1, approval of the twelve month extension of the development order. Attachments: I . Extension of the Development Order ii. Legal Sufficiency dated 2/ 9/ 09 iii. Letter from Michael H. Crew, Applicant, dated 11/ 13/ 09 iv. CRA Board minutes from 3/ 4/ 09 v. City Council minutes from 3/ 25/ 08 vi. CRA Board minutes from 3/ 5/ 08 vii. Approved site plan and architectural drawings (reduced to 8 V2 x 11) Development Order Page 2of 3