Fort Walton Beach Council agenda — 03-13-2007 regular agenda — reading text

Million Dollars [$ 2, 000, The County 000]. 91 shall pay the entire purchase price within one- hundred and eighty ( 180) days 92 after approval and execution of this Agreement by the Board of County 93 Commissioners. County shall pay the costs of title insurance and costs of any 94 service of a closing agent, if necessary. 95 96 97 1. 3 Title Examination; Condition of Property; Feasibility Period 98 1. 3. 1 Title 99 The County shall have one hundred eighty ( 180) days after approval 100 and execution of this Agreement by the Board of County Commissioners to 101 fully examine title to the Parcel. 102 103 1. 3. 2 Condition of Property; Feasibility Period 104 The parties acknowledge that the County is purchasing the Parcel with 105 sole intent of the purpose of building a courthouse annex governmental 106 extension. Therefore, for one hundred eighty ( 180) days after approval and 107 execution of this Agreement by the Board of County Commissioners, the 108 County, and its agents, contractors, engineers, surveyors, attorneys, and 109 employees (" consultants") shall have the right to enter onto the property to do 110 the following: 111 112 To conduct and make any and all customary studies, 1. 3.2. 1 113 tests, examinations, and inspections, or investigations of or concerning the 114 property, including without limitation, engineering and environmental 115 feasibility studies, evaluation of drainage and flood plain, soil tests for bearing 116 capacity and percolation, and surveys, including topographical surveys. 117 118 1. 3. 2. 2 To confirm any and all matters which the County may 119 reasonably desire to confirm with respect to the property. 120 121 1. 3. 2. 3 To ascertain and confirm the suitability of the property 122 for the County' s intended use of the property. 123 124 1. 3. 2.4 The County shall not permit any mechanic' s or 125 materialman' s liens or any other liens to attach to the Parcel for any reason, 126 by any consultant in connection with any studies or tests conducted by or for 127 the County. js; iacourthouse3 6 07fmal draft  Interlocal Agreement Page 4 of 16 128 129 1. 3. 3 Failure of Feasibility 130 Should the results of any of the matters referred to in subparagraphs 131 1. 3.2. 3 appear unsatisfactory to the County for any reason, then the 1. 3. 2. 1 - 132 County shall have the right to terminate this Interlocal Agreement by giving 133 written notice to that effect to the City on or before 5: 00 p. m. CST on the date 134 of expiration of the feasibility period. If the County exercises this right to 135 terminate, this Interlocal Agreement shall terminate and be of no further force 136 and effect, subject to and except for the County' s liability under section 1. 3. 5. 137 138 If the County fails to provide the City with written notice of cancellation 139 prior to the end of the feasibility period, this Interlocal Agreement shall 140 remain in full force and effect and the County' s obligation to purchase the 141 property shall be noncontingent and unconditional. 142 143 144 1. 3.4 Restoration of Property 145 If the County gives notice, pursuant to section 1. 3. 3, to the City that 146 the Parcel is not suitable for its intended use as a courthouse annex 147 extension, then the County agrees to restore the Parcel, at its sole cost and 148 expense, to the same condition existing immediately prior to the feasibility 149 period. 150 151 1. 3. 5 Notice of Entry 152 County shall give notice to the City a reasonable time prior to The 153 entry permit the City to have a representative onto the Parcel and shall 154 present during all investigations and inspections conducted on or with 155 respect to the Parcel. 156 157 1. 3. 6 Exercise of Care 158 The County shall take all reasonable actions and implement all 159 protections necessary to ensure that all actions taken in connection with the 160 investigations and inspections of the Parcel, and all equipment, materials, 161 and substances generated, used, or brought onto the property pose no 162 material threat to the safety of persons or the environment and cause no 163 damage to the property or other property of seller or other persons. 164 165 166 1.4 Possession 167 Upon delivery of the deed by the City, the County shall have full use 168 and possession of the Parcel. 169 170 js; iacourthouse3 6 07final draft  Interlocal Agreement Page 5 of 16 171 1. 5 Deed 172 The City shall, upon full compliance by the County with the promises 173 set forth in this Contract for Transfer of Real Property, execute and deliver to 174 the County a quit claim deed to the Parcel. The County shall record the deed 175 with the Clerk of Court in Okaloosa County, Florida, and provide the City with 176 proof of recording. 177 178 179 1. 6 Title Insurance 180 The City shall provide at the expense of the County a standard form 181 purchaser' s policy for the Parcel. Such policy shall insure the title to the 182 Parcel in the face amount of the purchase price, free from encumbrances, but 183 subject to restrictions and reservations of record, and the conditions in this 184 Interlocal Agreement. The City shall provide County a commitment for said 185 title insurance policy within 60 days of the execution of this Agreement or 186 such other time as the parties may reasonably require. 187 188 189 1. 7 Time of Essence; Failure to Approve or Fund 190 Time is of the essence in this Contract for Transfer of Real Property. 191 In the event the Board of County Commissioners fails to approve this 192 Interlocal Agreement or to fund the full purchase price of the Parcel, or to 193 comply with or perform any condition at the time and in the manner required 194 by this ' nterlocal Agreement, the City, after ten ( 10) days written notice of 195 intent to terminate, may elect to declare all of the County' s rights in this 196 Interlocal Agreement terminated. 197 If the County responds to any written notice of intent to terminate with 198 a request for an extension of any time requirement, the City shall reasonably 199 permit an extension with such extension to begin on the day of receipt by the 200 City of the request for extension. 201 js; iacourthouse3 6 07fmal draft  Interlocali\greernent Page 6 of 16 202 Section 2. Initial Development Agreement 203 204 205 2. 1 Use of Parcel 206 The County intends to develop and use the Parcel for the purposes of 207 a courthouse annex extension and similar governmental uses. It is stipulated 208 by the parties that the Parcel shall remain inside the jurisdictional boundaries 209 of the City of Fort Walton Beach, Florida. 210 211 212 2. 2 Existing Zoning 213 The Parcel currently has a designation in the County' s Future Land 214 Use Map of " Institutional" and the current zoning designation in the County' s 215 Zoning Map is " Public Lands." The Parcel is not designated in the City' s 216 Future Land Use Map and does not have a City zoning district designation. 217 218 219 2. 3 Consistent with Comprehensive Plan 220 The use of the Parcel as a courthouse annex extension is consistent 221 with the County' s Comprehensive Plan. 222 223 224 2.4 Intent to Amend Comprehensive Plan 225 The parties understand and acknowledge that the City is in the process 226 of amending its Comprehensive Plan to include the Parcel in the Future Land 227 Use Map and to properly zone the Parcel after that amendment. The City 228 intends to designate the Parcel as Public Lands, as that classification is 229 defined in the Code of Ordinances of the City of Fort Walton Beach. 230 231 232 2. 5 Initial Terms of Application for Development 233 2. 5. 1 Initiation of Development 234 The County agrees to initiate the development and permitting process 235 of the Parcel within three ( 3) years after approval and execution of this 236 Interlocal Agreement by the Board of County Commissioners. The County 237 shall keep the City reasonably informed throughout the development and 238 permitting process. 239 240 2. 5. 2 Prevailing Standards 241 The parties acknowledge that the County Code of Ordinances and City 242 Code of Ordinances could require the Parcel to be developed at varying 243 standards as a result of the designation of the Parcel as Institutional and 244 Public Lands. Therefore, the parties agree that the standards of development js; iacourthouse3 6 07fmal draft  Interlocal Agreement Page 7 of 16 245 of the Parcel shall be controlled by the Code of Ordinances and Land 246 Development Code of the County except that the following standards shall 247 apply: 248 249 a. Maximum height of 50' above ground level. 250 251 b. Maximum lot coverage of 75%. 252 253 c. Whether there are adequate public facilities and services available 254 to serve the development proposed pursuant to the Concurrency 255 Management System Element of the Comprehensive Plan of the County. 256 257 d. Whether the proposed development signage or exterior lighting is 258 consistent with the City sign code provisions. 259 260 261 2. 5. 3 Resolution of Conflict of Prevailing Standards 262 The parties acknowledge that both, as governmental agencies, have 263 the highest regard for and shall keep as a priority the health, safety, morals, 264 and general welfare, including the expenditure of public funds, of the citizens 265 of the City of Fort Walton Beach and Okaloosa County. Therefore, the parties 266 agree that if during the development and construction of the courthouse 267 annex extension, there is a conflict between the recommendations of 268 directors of like- departments of the City and the County, the City Manager 269 and County Administrator shall have the authority and discretion to resolve 270 any such conflict of prevailing standards. 271 272 273 City Waiver of Jurisdiction 2. 5.4 274 City agrees to cede, relinquish and, waive jurisdiction of the The 275 subject parcel to the County for the purpose of approving, permitting and 276 inspecting the development and construction of the courthouse annex 277 extension in accordance