Fort Walton Beach Resolution — 71-12-DOT Utility Relocation-Hughes — reading text

C. H. LONG, ,.- Mayor p~, L CITY OF Fort 1V'alton Beach L ' COUNTY OF Okaloosa /' I HEREBY CEHTIFY that the foregoing is a true and correet copy of a Resolution adopted by the Council Fort Walton Beach , Florida of the City of at a Ineeting of said Council , held on this 18th May . A. D. dftyof 197-1-. 19th M~ y 7' , . 1 WITNESS my hand and seal on this day of r~/ ----::;; D. 197_ I~ 7~ p. ~ I ~... GC:.: I. _ .'~ "'.'. {... ...-:' u(: '~ 1....,",-: i;'-, 1t-' l..;,:,""~: 1V', J'1 (;.;' 1:";'>~ ~ I~ By i!' 1;""'......;.: Clerk ( GH.~x~14:W~ r) of the City of Fort Walton Beach Florida. SEAL) FORM 722- 10 STATE OF FLOHIDA DEPARTMENT OF TRANSPORTATION 12- 70 DIVISION OF ROAD OPEBATIONS PAGE 1 OF 3 UTILITY RELOCATION AGREEMENT Municipal' - No Cost) COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL 81: R/ W JOG NO, 57 610 6623 - - - Okaloosa 3 2623 TlIIS AGREE\ IE:\ T, made and entered into this day of 97_, by and he tween the STATE OF FLORIDA DEPARTjIE;\ T OF TRA~ SPORTATIO~, hereinafter referred' to as the DEPART~IENT, and the CITY OF Fort Walton Baach a municipal n, hereinafter referred to as the CITY. corporati<? WITNESSETH: WHEREAS, the DEPART~ IENT proposes to construct reconstruct or a municipal connecting link State Road, which road is known and deseribed as follows: Hughes Street - From SR 189 to SR 85 in Fort Walton Beach AND \ YIIEREAS, in order to facilitate such work it is necessary that provisions be Blade for adjustment, change or relocation of certain facilities and/ or utilities within said CITY ( and owned by the CITY, whether within the corporate limits thereof or not) and locatcd within the right of way of said municipal connecting link State Road or appurtcnances thereto, , iz: Any and all city-owned or operated water nlains, fire hydrants, sanitary sewers, gas fire and police call systems, mains., telegraph and TV -cable systems, telephone.,electrical., including poles, pole lines and underground facilities thereof, and any othe~ CITY owned or operated utilities and facilities within such right of way, AND ', TIER EAS, the plans for the said construction, reconstrllc~ion or other changes to be made, &lS ~. bo\. c described, have been reviewed by the D EP AR Ti\ IEI'\ T and the CITY, said above described utility relocation to hereinafter be designated as "' Relocation " ork", r NO\\"., THEREFORE, the premises considered, and in eon~idcra{ ion of the SlUll of One Dollar each to the other in hand paid, { he receipt whereof is herehy ackno, dcdged, and in further considera- tion of the mu~ual covenants hereinafter contained, it is agreed Ly the partie~ as follows: 1. That the DEP.\ RT~IENT will provide at its expense for the construction, reconstruction, change or replacement of all draina~ c structures necessary to propcrly drain ~aid lllllIJicipal connecting link State Road within the ~~ ljd CITY, hut not otherwise. FC,HM -' 22- 10 PAGC 2 OF'", J Th(~ CITY ; jg:rec~ 10 make or cause to he made all for ary adju~ neec;;:~ arrangcn1cnf:-; lmcnl:, or of faciJitie...;where located 011 if::; property without t to co::: the DEP.-\ T and RT.\IE\" change::: pubJi(', in acconbllcc wif h the proyi~iuns of Ru1e 01- 1-. 16. 01 " U tili t Y Accommodation Guide," Florida Ad- mini~tra{ iH~ Coue, dated :\ lay - 1, ] 970; any Eupplcmcnts or reyisions thereof, whi~ h, by refercnce hereto, are made a part uf this Agreement; and the plans, de~ ign3: , and specifications of the DEP..\I1T- T for the eon~trud ion or recol1~ trucf ion of said portion of the Stat e Highway System, prior to IE:\ the adH~rti~ing for bid on :-:aid project. The' CITY further agrees to do all of such work \\ ith its own force~ or hy a contractor paid under a contract let by the CITY, all under the superyision and approyal of the D EP.-\ H IEl\' T.\ r. 3. The CITY further agrees that said adjustments, changes or relocation of facilities or utilities ill be made by the CITY with sufficient promptness so as to cause no delay to the T IE:\ DEPART:\ or its contractor in the prosecution of such construction or reconstruction work; that such " Reloca- tion "' ork" will be done under the direction and supervision of the DEPARTMENT' S engineer; and the CITY further agrees that in the event the changes, adjustments or relocation of such fa~ilities or utili- ties are simultaneously with the eonstruction project, that it ,,_ done in reimburse the contrac.tor directly for any just claim due to delays caused Ly the CITY' S operations or hindrance to the contrac- tors efficient prosecution of the construction work; and that the CITY will not either proceed " ith the " Relocation "' ork" with its own forces or advertise or let a contract for such work until it has received the D EPAR IENT' S written authority to proeeed. T:\ 4. The CITY further agrees that it will maintain and keep in repair, or cause tQ be maintainrd and kept in repair, all of such adjusted, changed or relocated CITY owned or operated facilities or utilities within the right of way of said portion of the State Highway System; and to eomply with all provisions of the law, including Rule 014-46. 01. 5. The DEPAR IEXT agrees to furnish the CITY with all necessary: highway construction T:\ plans that are required hy the CITY to faeilitate the CITY' S " Relocation " Tork". 6. The DEPAR IENT further agrees that the CITY may rcloeate its faeilities upon the State' s T:\ right-of-way, according to the terms of the standard permit required by the State Statutes for occu- pancy of public rights-aI-way; Rule 0]. 1---16. 01 and/ or . 1n)'other regulations the IE~ T deems DEPART:\ necessan-. 7. It is agreed that the CITY' S plans, maps or ~ketches