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Home My WebLink About2004 10 11 Regular 502 COMMISSION AGENDA ITEM 502 Consent Information Public Hearing Re2ular X MGR. ~ / Deet. JY October 11. 2004 Meeting REQUEST: The City Manager requests the Commission approve a settlement agreement between The City of Winter Springs and Lavern and June Kingsbury regarding fencing that was removed due to road construction in the Town Center along Blumberg Boulevard. PURPOSE: The purpose of this Agenda Item is to settle a dispute of private fencing removed during City construction, owned by Lavern and June Kingsbury, who reside at the residence addressed as 150 Tuskawilla Road. CONSIDERATION: Lavern and June Kingsbury live along an area where the City recently performed construction activities for the road which is now known as Blumberg Boulevard. Fencing belonging to the Kingsbury's, formerly located along the North Western side of Blumberg Boulevard, was removed by the City Contractor. The original fencing was made of chain link and measured the length of the Kingsbury property along Blumberg Boulevard. After discussions with Mr. and Mrs. Kingsbury, it has been deemed acceptable to use 'White' Vinyl PVC type fencing at a 4'vertical height, which would be in harmony with the Town Center design theme. Although removal only occurred on one side of the property, it is aesthetically favorable to install the 4' vinyl fencing on both sides of the property (Blumberg Boulevard and Tuskawilla Road), rather than installing chain link fencing on just the Blumberg Boulevard side. Options A. Install 4' chain link fencing along Blumberg Boulevard bordering the Kingsbury property at a cost of$ 2,500.00. B. Install 4' 'White' Vinyl Coated PVC chain link fencing along Blumberg Boulevard bordering the Kingsbury property at a cost of $ 4,500.00. C. Install 4' 'White" Vinyl PVC type fencing at along Blumberg Boulevard and Tuskawilla Road bordering the Kingsbury property at a cost of$ 8,000.00. The City of Winter Springs would own and maintain the Option 'c' fencing until such time as the Kingsbury property is sold. The fencing would then be removed for utilization in other areas of the City on Publicly owned and Right-Of-Way property. FUNDING: The funding source for this project would come from the Road Improvement Fund - Line Code (115- 65000-30010), which currently has $ 5,000.00 budgeted for '04-'05. A line code transfer of $ 3,000.00 from the fund balance of this fund to Line Code (115-65000-30010) would be necessary. RECOMMENDATIONS: Approval of The Settlement Agreement between The City of Winter Springs and Lavern and June Kingsbury and approval of Option 'C' to contract and install fencing as described for a cost not to exceed $ 8,000.00. Staff would oversee the project. ATTACHMENTS: 1. General Release Agreement 2. Composite Exhibit 'A' GENERALR$tEASE' Forand in consid~tati(m orinStalIlitiQn,bytheCity of ""inter Springs. Florida, or its agents, of approximately 440 feet of white vinyl picJ<et..type fencing located on City, right-of-way adJacent to 'the NorthWesteIilboundary (Blumberg Boulevatd) arid the B~errt boundary (TuskawilIa Road) of RELEAS0R's property at ISO tuskawilla R;o8d~ ~~r,Springs.Florid~ ata cost notJo exceed Eight Thousand' and Nol t 00 Dollars($8.00()~OQ)(kcflPY 'ot th~ 'd~pictio;n ()ttit~fence sty teand a :fenee 10Catio~ sketch are attached he~o asC~n1po8ite:Etbitift~A"'); andfuconside'liition of the executionofaGeneral Release; and other goodandvalilable conSIderation, the receipt aIidsufficiencyof which' are hereby ackrtowledged, UVERNE W. IGNGSB'C.JRYsiQ,d JlJNE.L KlNGSntJRY ("RELEASOR"), 'being of laWful age; their suCQess,orsmdll$Signs,hereby igdlvidu,allY',!U1d.fortheir.heirs, ~xe(lutors" administrators, personalrepresenta,tives, sUcce~sors~d8S~~gns"h~reby fe,lease, acquit and forevetdischarge THE CITY OF WINtER sPRINGS, FLOiuD:A (IIRELEASBB"), its sti'CCessors and assigns ,thereof, and its city manager, commissioners, a.ttorneys, ei1lployees.andag~ntsatidallotherpei'sons, firtns,corporationsiorlegal entities of RELEASEE who are in privitY therewith or, might be liable, in any way, from any and aU claims, actions, causes ofa~tion, legal~eq!,li~ble or adrfi,inistrativeproc~dingsi deman~s, ri8hts.~~lJ,ages.los$es. ,costs, expenses, attqmeys' fees: a,nd'~JJ:lpei1:Sati()n ofwbatsoe~er kind or t),ature which theuhdersigned now has or whieh may hereafter aecnie on accQunt',of or in anY Wily groWing out of any and all known alld unknown, foresee.n and unfo~e"~nJ dcvoIQpedan.d. undevelQped losses. injuries or .damages; and the consequences thereof arising;'or toatiSe froma.ndresulti~& orto'reSult-from, the.damagesdaused by the RELEASEE or its agents, oontJ'actors,andassign,s to approximately 2.!JO, feet of chain link fencing located on City right..Of-way at the Northwestern boundary ofREl.-EASOR'sproperty located at 150 1uskawilla Road, Winter Springs, Florida, and/orfiomany and all Claini.s and/Orlo~es.injuri'es or dartllj.ges which were asserted orsought,or whieh,could have be.en asserted or sought in 09fiilection therewith. Provided. however, RELEASOR, their successors and assigns;' herebyifidividulillyandfor their heirs, executors, administrators, personal representatives, sticcessorsand iissign~, hereby acktlowleqgeand agree the fence shall be installed and owned by the:lmLEASEE an.d maintained only rorsl:> 19n9as the R.ELEASOR resides in the residence located at ISO Tu$kawillaRoad, Winter Spri~gs.Flocida~ Further, RBLEASORherebyaoknowl~dge~ full andtlnal,settlement and satisfaction ofanyand all claims, actions, causes of actiQni legaJ. equitable or administrative proceedings, demands or rights of whatsoever kind or nature which they may haveagainsf'RELEASEB;by reason of the above-mentioned damages, irYuriesor losses. In making this General Release,it is. under:sto,od ,.and Ilgreed that RELEASOR relies wholly upon RELEASQR'sownjudgrrient, beliefandknowledge,of.th~ natu"" extentand duration of saidlosses.,injuries or dam'agesand that no representations or st4tert1etits regarding said losses, injuries ordan'lages or regarding any other matters made by the person(s), firm(s),corporation(s) or legal entities of whatsoever kind or nature who are hereby released or byaoyother person or p~r'Soils representing, him, 'her, it or them, has influenced RELEASOR to any extent whatsoever in [llakiilg,this Release; The undersigned warrant and represent that they have full authority to execute this General Release on behalf of RELEASOR, and tobitid RELEASOR to the terms andeonditions setforth herein. THE UNDERSIGNED HA VB READ THE FOREGOING GENERAL' RELEASE.AND FULLY UNDERSTAND IT HA VlNG PlRSt OBTAINED ADVICE OF COUNSEL OF , , THEIR OWN CHOOSING. SIGNED. ' SEALED AND DELIVERBD this WITNEsSES.' day of .2004. PRINTNAMB: LA VERNEW. KINGSBURY PRINT NAME: PRINT NAME: JUNE L. KINGSBURY PRINT NAME: STATE OF FLORIDA COUNTY OF SEMINOLE I HEREl3Y CERTIFY that on this day , before m~.an officer duly autl!orlzed in the State and County aforesaid to take acknowledgments. personal1ya.~aredLA~W, KiNGSBPRV, 0 tome knowo'personally or. 0 who produced . :as id~fication.,to be thepc:ll'Son described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for tbepurposesset forth herein. and he did not swear an oath. WITNESS my haIi.d and official seal in the State and County last-aforesaid this _ day of 2004. NOTARY PUSLIC My Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on thisclay. befo~ me, an officer duly authorized in the State ll1ld County aforesaid to take acknowledgments. Ptmional1y appeared .JUNEL. KINGSi)URY. 0 to me known personlll1y or 0 wh,o prodUced ' . as, identification. .to' be \he person described ,in and who executed the foregoing in8troment 'and she acknowledged before me that she execu.tetl' the sa,me for the pUrposes set forth herein. and she did not swear an oath. . WITNESS my hand and official sea1.in the State and County lastaforesaid this _ day of 2004. NOTARY PUBLIC My Commission Expires: 2 ~ . t " COMPOSITE EXHIBIT' A' - Fence Location Sketch and Fence Photo BLUMBERG BLVD EJ App'ox 240' - QopeodaDt uponiale ofbKl< property. EJ Appraxl9O' --- 0.__ _ __ NORTH 1~ T U S K A W I L L A R o A D