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Home My Public Portal AboutResolution 2022 -3 Woodruff Avenue Vacating and Abandoning EasementInst. #3519708 Bk: 3598 Pg: 3577 Page 1 of 2 Recorded: 1/1 31= 11:17 AM RECORDING ARTICLE V. $8.00 RECORDING: $10.50 DEPUTY CLERK twaidner JD PEACOCK II CLERK OF COURTS, RESOLUTION 2022- 3 OKALOOSA COUNTY, FLORIDA A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA, VACATING AND ABANDONING THAT PORTION OF WOODRUFF AVENUE EAST RIGHT OF WAY LYING BETWEEN BLOCKS 5 AND 10 OF THE TOWN OF CRESTVIEW PLAT, MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING FOR RECORDING OF THIS RESOLUTION WITH THE CLERK OF THE CIRCUIT COURT OF OKALOOSA COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the owners of lots 4 through 7, block 5, and 55 through 57, block 10 as platted on the Town of Crestview plat, plat book 1, page 72, less and except existing State Road 85 right of way, have requested that the City vacate and abandon that portion of the Woodruff Avenue East right of way lying between the above referenced properties. WHEREAS, the City has determined that there is no public need for the access way provided by the right of way that is requested to be vacated; and WHEREAS, the City does have utilities on, over or under the right of way sought to be vacated; and WHEREAS, the City is requesting to reserve a non-exclusive perpetual utility easement over the right of way that is being vacated and abandoned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— VACATION OF RIGHT OF WAY AND RESERVATION OF UTILITY EASEMENT. The City hereby closes, vacates, and abandons the following: Right of way platted as Woodruff Avenue East, being 75 feet wide, and lying between lots 4, 5, 6 and 7, block 5, and 55, 56 and 57, block 10 according to the Town of Crestview Plat, being on file in plat book 1, page 72, in the Office of the Clerk of the Circuit Court, Okaloosa County, Florida, less and except existing State Road 85 right of way. As a public right of way, however, the City of Crestview hereby reserves and retains a non- exclusive perpetual utility easement on, over, under and across the right of way being vacated and abandoned. SECTION 2 — RECORDING. Upon passage, the City Clerk is directed to record a copy of this Resolution in the Public Records of Okaloosa County, Florida. SECTION 3 — EFFECTIVE DATE. This resolution shall take effect immediately upon its recordation in the Public Records of Okaloosa County, Florida. Adopted this 10"' day of January 2022. APPROVED: GREST�iF'�. I J. Whitten !••o asoAk !� �. ! O Mayor • Ui v : cl- Maryakne S& a er ��'•0�Q�, City Clerk PeA" Crestview Fire Department 321 W. Woodruff Ave • Crestview, FL 32536 Emergency Rescue • 911 Anthony Holland Fire Chief 682-6121 Permission Form and (Release Agreement Organization: City of Crestview Fire Department Address: 321 W. Woodruff Ave. City: Crestvi Telephone: 850-682-6121 State: F Contact Name: Fire Marshal Rodney Lancaster Rodney Lancaster Fire Marshal 682-9315 Zip Code:32536 Contact Cell: 850-368-7515 ContactEmail: lancasterr@cityofcrestview.or 1. Permission to Use Property. Tellus Partners gives the Organization and its agents, employees, consultants, contractors and all others working with or for the Organization (the "Organization") permission to use the real property and any structures located at [6256 N. Davidson, Crestview, FL ], solely for the following uses and purposes: training, education, practice and other activities related to fire fighting. No other use of the Property is permitted by the Organization and the Organization expressly acknowledges that it does not have the right to set fires on the Property. 2. Term. This agreement will be effective from January 13, 2022 ] through to and including [ Demo date I. 3. Warranties, Representations or Covenants. Organization agrees that Tellus Partners has not made and is not making any warranties, representations, promises, guarantees, or covenants whatsoever concerning the safety, use, structural stability, legal status, or other condition or feature of the Property. Organization warrants and represents that it understands all actual and potential hazards associated with its proposed and actual use of the Property, including without limitation the presence of asbestos, lead - based paint or other potentially harmful substances, and that the Organization's employees, agents, consultants and contractors are experienced, knowledgeable, and adequately trained for the Organization's proposed use of the Property. ORGANIZATION ACKNOWLEDGES THAT IT IS USING THE PROPERTY IN AN "AS IS" CONDITION "WITH ALL FAULTS" AND WITHOUT ANY WARRANTIES, REPRESENTATIONS, PROMISES, EXPECTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER CONCERNNG THE PROPERTY FROM OR ON BEHALF OF Tellus Partners. 4. Compliance with Laws; Cleanup. Organization will comply with any and all applicable laws, regulations and ordinances applicable to its use of the Property. Organization will clean up, remediate, remove, manage, transport, and dispose of any and all wastes used, created, or identified during its use of the Property at the end of each day of use and leave the Property in a safe condition. Organization will not be responsible for repairing any structural damage to the building on the Property or removing trash that was present on the Property prior to Organization's use. Organization will take all reasonable protection to prevent damage, injury or loss to all persons who may use the Property. 5. Waiver, Release and Indemnity. Organization waives, releases and forever discharges Tellus Partners. its employees, contractors, affiliates, insurers, volunteers, related entities, agents or assigns (360 DA Investments Corp. from and against any and all claims, causes of action, demands, litigation, or other claims of any kind whatsoever (whether known or unknown, seen or unforeseen, directly or indirectly, or within or without the control of Organization or Tellus Partners), for or on account of any losses, damages, personal injuries, pain and suffering, death, property damage, or contract claims while on or while using the Property (the "Claims"). Organization agrees to indemnify, hold harmless, and reimburseTellus Partners from and against the Claims, except only to the extent such Claims are caused by the sole negligence of Organization. If a governmental agency, Organization acknowledges and admits this agreement is "proprietary" under applicable law, and not "governmental" or "legislative" in nature. Organization represents and warrants that it intends for this agreement to comply with all applicable laws concerning Organization's actions and approvals and execution of binding agreements. To the extent required by applicable law, Organization covenants to undertake all actions necessary to bind the Organization. 6. Insurance. The Organization represents that it carries workman's compensation and adequate commercial general liability insurance and that all Organization agents, employees, consultants, contractors and all others working with or for the Organization that are participating in the training exercise will be covered by such insurance. 7. Complete Agreement. This agreement contains the complete understanding of the parties concerning the Property, and this agreement supersedes any oral or written agreements or other understandings of the parties concerning the Property. No other work, service, obligation or activity is covered by this agreement unless set forth in this Agreement. The terms and conditions of this agreement will survive the termination of this agreement and the use of the Property. No waiver, amendment, change, alteration or modification of this agreement will be binding unless made in writing and signed by an authorized representative of the parties. Neither party may assign or transfer its rights or interests in or obligations under this agreement without the prior written permission of the other party. Each party represents, warrants and states that all legal action necessary for the effectuation of this agreement has been validly taken and that the individuals whose signatures appear below on behalf of each party are duly authorized to execute this agreement on behalf of such party. All provisions of this agreement are severable, and the unenforceability or invalidity of any of the provisions of this agreement will not affect the validity or enforceability of any remaining provisions. This agreement will be binding on the heirs, executors, administrators or assigns of the Organization. None of the parties' rights, duties, and obligations under this agreement will be delegated, transferred or assigned without the prior written consent of Tellus Partners. This agreement will be governed under the laws of the State of Florida. This Agreement may be executed in multiple counterparts, each of which will constitute an original, but all of which taken together will constitute one and the same agreement. 8. Authorization to Execute Agreement. Each individual who executes this agreement hereby asserts and acknowledges that he has the actual authority to execute this agreement for and on behalf of the Organization and Tellus Partners.. Further, each individual has the actual authority to bind the Organization and Tellus Partners to the terms and conditions of this Agreement and does so by their execution of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this agreement as of the dates set forth by their signatures. "Organization" By: Name: JB Whitten Title: Mayor Date: — D0 By: Name: Rodney Lancaster Title: Fire Marshal Date: 1/13 2022 "Tellus Partners" By: Name: Title: Date: ATTEST By: Name: Maryanne Schrader Title: Citv Clerk Date: k -- � $ — 2'0 A