Fort Walton Beach Resolution — 2020-04--FDOT Sub Agree--Brooks Bridge Replacement — reading text

RECORDED: TO BOOKIPAGE INSTRUMENT DATE FROM George Elliot City of Fort Walton OR 2825 Easement 1/ 1112008 Mitchell, Trustee Beach, Florida PG 1894 The City shall have the right to relocate its facilities within the FDOT right of way and the right to receive reimbursement from the FDOT for the relocation. Subsequent to the relocation, the City shall have the right to operate and maintain its facilities within the FDOT right of way, subject to the provisions of the permit and the Utility Accommodation Manual. However, any new construction or relocation, subsequent to the first relocation, shall be subject to the approval of the FDOT. (Approval shall not be withheld or delayed unreasonably.) If the FOOT does not allow the first relocation of the facilities within the right of way or should the FDOT require any subsequent relocation of the facilities, the FDOT agrees to pay the cost of such relocation, including the cost of acquiring any necessary easements. All work performed and facilities looted within the right of way by the City, and all payments and reimbursements by the FDOT to the City, shall be in accordance with the FDOT' s construction plans for the project and the rules, procedures, and Utility Accommodation Manual, which are in effect at the time this agreement Is executed by the City. Notwithstanding the terms of this subordination agreement, the terms of the utility permits shall supersede any conflicting provisions, with the exception of the terms providing for reimbursement rights. The City shall have the right to enter upon the right of way for the purposes stated in Paragraph 2. Maintenance of the facilities shall include the right to trim trees, brush, and growth, which might adversely affect the facilities, provided there are no adverse effects on the operation and safety of the FDOT's facilities. Subject to the provisions of Paragraph 2 above, the City agrees to repair any damages to the FDOT facilities resulting from the act or omission of the City. C E- 1( 0 BK: 3483 PG: 2818 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. STATE OF FLORID EPARTMENT Signed, sealed and delivered OF RT I N in theresence of wit sses: ALOL Bv: i fs C Phillip Gainer, P. E. Title: District Secretary for District 3 Barbie Pettis STATE OF FLORIDA COUNTY OF WASHINGTON The foregoing instrument was ac owledge before me, by means of physical presence or D online notarization, this A day of , 2 by Phillip Gainer, as Secretary for District as identification. 3, who is personally known to me or who has roduced LYNDM LOVE Notary ublic in and for the Cwnhsionl#GG26iW County and State last aforesaid. i;- Pf: ExpUesSepte nber23, 20?2 FOP My Commission Expires: Serial No., if any. IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by Its City Council acting by the Mayor of said Council, the day and year aforesaid. ATTEST: City of Fort Walton Beach 1 m M. Barnes, City C I Y• Richard A. Rynearson, ayor STATE OF FLORIDA 1, "' COUNTY OF( L o r The foregoing instrume t was acknowledged before me, by means of W sisal presence or C online notarization, this LL day of _, 201pb1t',c NIAsa A yadrtianlr,ltmg&lots, who is identifjcation personally known to me or who has produced Notary Public in and for the County and State last aforesaid, My Commission Expires: Serial No., if any: Notary Pybk State or Florida a Laraine Van Etlen My Commission GG 166370 Expires 0313112022 Ca Zo l /  RECORDING: 815, 00 RECORDING ARTICLE V: $ 12. 00 FILE #3382094 RCD: 8/ 13/ 2020 4: 30 PN1, BK: 3483 PG: 2819, DEPUTY CLERK TWILCOX JD PEACOCK II CLERK OF COURT, OKALOOSA COUNTY, FLORIDA "' 23- UTL. 04. 03/ 03 November 27, 2019 This instrument prepared by, or under the direction of, Shad Redmon Department of Transportation P. 0. Box 607 Chipley, FL 32426 Legal description approved by: Wilson Dilmore Parcel 122. 2 Item/ Segment No, 4154742 Managing District 3 S. R. No. 30 ( US 98) County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS A, THIS AGREEMENT is entered into on _ I 20L by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT 09(FDOT) whose address is Post Office Box 607, Chipley, Florida 32428, and CITY OF FORT WALTON BEACH, FLORIDA ( City). WITNESSETH: WHEREAS, the City presently has an interest in land that is necessary for highway purposes and the City has facilities located on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the City to the FDOT of the interest claimed in the land. WHEREAS, the FDOT is willing to pay to have the City's facilities relocated, if necessary to prevent conflict with the facilities on the FDOT' s Project No. 4154742. THEREFORE, in consideration of the mutual covenants and promises of the parties, the City and the FDOT agree as follows: The City subordinates to FDOT, its successors or assigns, its interest in the following described land: POND 1 ( PART) Lots 6, 9, 10, 11, 12, and 13, inclusive, Block B, BUCKS ADDITION TO FORT WALTON, according to the plat thereof as recorded in Plat Book 1, Page 100, Public Records of Okaloosa County, Florida": Containing 0.562 acres, more or less, exclusive of existing road right of way, and being in Section 24, Township 2 South, Range 24 West, Okalooss County, Florida. The interest of the City being subordinated includes, but is not necessarily limited to, the interest created by the following described document. RECORDED: FROM TO BOOKIPAGE INSTRUMENT DATE OR 2381 Sidewalk and 4/ 1/ 2002 Caffe' Italia Ice City of Fort Walton Cream Italiano, Inc. Beach, Florida PG