LEGISLATIVE ACTION ITEM
SPONSOR: Grover C. Robinson, IV, Mayor
SUBJECT:
title
RESOLUTION NO. 2021-96 - LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
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RECOMMENDATION:
recommendation
That City Council adopt Resolution No. 2021-96:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA AUTHORIZING A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN SUPPORT OF THE LANDSCAPE PLAN FOR PALMILLA APARTMENTS, LLC.
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HEARING REQUIRED: No Hearing Required
SUMMARY:
To facilitate right-of-way improvements that promote the goals of the City of Pensacola’s Urban Core Community Redevelopment Area Plan, Palmilla Residences, LLC, has applied to FDOT for approval of right-of-way improvements on West Garden Street, specifically at the corner of West Garden Street and South Coyle Street to approximately 150 feet west of that intersection. The improvements to occur on the West Garden Street right-of-way adjacent to the property owned by Palmilla Residences, LLC, designated as Parcel Number 000S009080001057 by the Property Appraiser for Escambia County. FDOT has interpreted regulations applicable to the agency to preclude FDOT from approving the right-of-way improvements unless the City passes a resolution in support and also agrees to be responsible for the landscape maintenance.
Palmilla Residences, LLC, has proposed the right-of-way improvements with the understanding that it will hold the City harmless with respect to all costs associated with the maintenance agreement FDOT will propose. Palmilla Residences, LLC has submitted the plans with the notation that the duty to maintain will run with the land so that any subsequent owner of Parcel Number 000S009080001057 is obligated to perform all required maintenance for the landscape plan.
If the resolution is approved, the landscape and irrigation plan presented by Palmilla Residences, LLC, FDOT will provide a maintenance agreement to be executed by the City of Pensacola. The City, under the agreement with FDOT, would be responsible for landscaping and irrigation according to applicable landscape care standards, and possibly litter pick up and mowing. No maintenance agreement with FDOT will be executed without an agreement between the City and Palmilla Residences, LLC that holds the City harmless for all obligations FDOT proposes.
PRIOR ACTION:
None
FUNDING:
N/A
FINANCIAL IMPACT:
None
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
11/8/2021
STAFF CONTACT:
Kerrith Fiddler, City Administrator
David Forte, Deputy City Administrator - Community Development
Amy Tootle, Director of Public Works & Facilities
Heather Lindsey, Assistant City Attorney
Brad Hinote, PE - City Engineer
ATTACHMENTS:
1) Resolution No. 2021-96
2) Landscape Plan and Irrigation Plan for Garden Street by Palmilla Residences, LLC
PRESENTATION: No end