Okaloosa County BOCC — December 15, 2015 — City of Crestview Courthouse Review Agreement v 1 — reading text

INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND THE CITY OF CRESTVIEW THIS INTERLOCAL AGREEMENT (THE “Agreement”) is made and entered into this_______ day of ________, 2015 by and between the Board of County Commissioners of Okaloosa County, Florida, whose address is 302 N. Wilson St. Suite 302 Crestview, FL 32536 (the “County”), and the City Council of the City of Crestview, Florida, whose address is 198 North Wilson Street, Crestview, Florida 32536 (the “City”). Recitals WHEREAS, this Agreement is entered into under the authority granted to the City and the County by sections 163.01 and 553.79(9), Florida Statutes; and WHEREAS, the Okaloosa County Courthouse currently located within the City of Crestview at 101 E. James Lee Blvd., was constructed in 1955 and has served the needs of Okaloosa County and the City of Crestview for many years; and WHEREAS, as a result of its age, the limitations of its design, inadequate security, insufficient space and parking, and environmental concerns, the County has determined that the facility is no longer adequate to meet the future needs of the citizens of Crestview and Okaloosa County; and WHEREAS, Okaloosa County has determined that as a result of the various inadequacies related to the facility and the environmental concerns which currently exist, that the demolition of the existing courthouse and constructing a new facility on the same site will best serve the interests of the citizens of the City of Crestview and Okaloosa County(the “Project”); and WHEREAS, the County and the City recognize that the operations of the Courthouse serves as an economic driver for the businesses that are located with the City and that a prolonged lapse in the operational presence of the Courthouse facility could adversely impact those businesses; and 1  WHEREAS, the City and County agree that it is in the best interests of the citizens of the City and the County, that a single entity manage all aspects of the Project, including financial control, selecting and overseeing contractors, building, fire, planning, and zoning plans review and inspections. WHEREAS, the parties believe that the citizens of the City and the County would be best served by the County managing all aspects of the project, including performing all building, fire, planning, and zoning plans review and inspections on behalf of the City; and WHEREAS, the allocation of these responsibilities to the County will result be the most expedited and cost efficient process for the completion of the Project which will benefit the citizens of both the County and the City; and WHEREAS, the County has the resources and expertise to undertake the necessary reviews and inspections; and NOW THEREFORE, in consideration of the mutual covenants expressed herein, the City and the County do hereby agree as follows: Section 1. All of the above recitals are true and correct and incorporated herein as essential terms of this Agreement. Section 2. County shall construct the Project and all associated parking, stormwater and other supporting infrastructure required by the facility and it shall be located at 101 E James Lee Blvd in Crestview, Florida. Section 3. The Project shall be constructed in compliance with all applicable codes of the State of Florida and the City, including but not limited to the City’s Building Code, Fire Prevention Code, planning and zoning requirements and land development regulations. Section 4. Any and all application, inspection or permit fees due under the Code of the City shall be paid to the City by the County. Section 5. Copies of any permits and approvals required as part of the Project and issued by the County shall be provided to the City. Section 6. This Agreement shall terminate upon the issuance of all necessary permits and approvals which would authorize occupancy and use of the Project after its completion. 2  Section 7. It is agreed neither the City nor the County assumes any liability for the acts, omissions, and negligence of the officers, agents and employees of the other. Both parties agree that they shall indemnify and hold the other harmless from all claims, damages, losses, and expenses arising out of or resulting from the actions of their officers, agents and employees that are performed within the scope of the responsibilities under this Agreement. Section 8. This Agreement may be terminated by either party hereto upon ninety (90) days written notice to the other. Any notice, demand, communication, or request required or permitted herein shall be in writing and delivered in person or sent by first class mail, postage prepaid as follows: As to County: Okaloosa County Attn: Public Work Director Public Works Department 1759 S. Ferdon Boulevard Crestview, FL 32536 As to City: City of Crestview 198 North Wilson Street Crestview, Florida 32536 Section 9. This Agreement shall be construed in accordance with the applicable laws of the State of Florida. If any provision of this Agreement violates any statute or rule of the State of Florida, it is considered modified to conform to that statute or rule of law. Further, in the event that a portion of this Agreement is found to be invalid, illegal or unenforceable, then that provision shall be severed from the Agreement and shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Section 10. This Agreement may only be amended, in writing, approved by the Board of County Commissioners of the County and the City Council of the City. Section 11. Upon execution, the County shall cause this Agreement and any subsequent amendments hereto to be filed with the Clerk of the Circuit Court of Okaloosa County, Florida in accordance with section 163.01, Florida Statutes. 3  IN WITNESS WHEREOF, the parties to this agreement have caused their names to be affixed by the proper officer thereof. For the CITY For the COUNTY: ____________________________ _______________________________ David Cadle, Mayor Nathan D. Boyles, Chairman Board of County Commissioners Attest: Attest: ____________________________ ________________________________ Elizabeth Roy J. D. Peacock II City Clerk Clerk of Circuit Court APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ____________________________ County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ____________________________ City Attorney 4