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HomeMy WebLinkAboutItem #04 Approval of Execution of Property Releases to AT&T and MASTEC for Damages Casued to City Facilities &~ AGENDA ITEM COVER SHEET Contact Name: Contact Number: David A. Wheeler, P. E. 407-905-3100, Ext. 1504 Meeting Date: September 21,2010 Item # y Reviewed By: Department Director: City Manager: Subject: Execution of Property Releases to AT&T and MASTEC for damages caused to City facilities at the intersection of White and Montgomery Roads Background Summary: The City approved a Right-of-Way Utilization permit for AT&T to install some new facilities within the City's rights-of-way along Clarke, White, and Montgomery Roads. AT&T contracted with MASTEC to perform the installation of those facilities. While working at the intersection of White and Montgomery Roads, MASTEC caused a City water main to come apart. The resulting damage to the intersection washed out a stormwater pipe, a portion of the road and curb, and disrupted water service to most customers along the White Road corridor for many hours on the morning of August 21, 2009. Public Works and Utilities crews were called upon to reconnect the 12 inch water main and re-establish the grading, road, and curb in the affected area. The cost for the City crews was billed to AT&T, as the utility permittee. The total cost to the City was $10,360.61. AT&T and MASTEC have agreed to split the cost and reimburse the City !or its expenses. AT&T and MASTEC have requested that the City execute a Property Release to each company prior to them reimbursing the City. It has been over a year since the damage and repairs and no other utility has come forward with a claim nor has staff observed any subsequent settlement or other effects. Issue: Execution of Property Release to AT&T and MASTEC for reimbursement to the City for damages to facilities at the intersection of White and Montgomery Roads. Recommendations The Engineering and Legal staffs recommend execution of the Property Releases to AT&T and MASTEC for the reimbursement for damages at the intersection of White and Montgomery Roads. Attachments: Property Release with AT&T Property Release Only, #4934 1309031484 with MASTEC Financial Impact: The City will receive the reimbursements from AT&T and MASTEC in the total amount of $10,360.61. Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's DeDt Use: _ Consent Agenda Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 ~fM- N/A N/A N/A 2 PROPERTY RELEASE FOR AND IN CONSIDERATION of the sum of Five Thousand One Hundred Eiqhtv Dollars and Thirtv One Cents ($5,180.31) amount paid to me BellSouth Telecommunications, Inc. dba AT&T, the receipt of which is hereby acknowledged, WE The City of Ocoee do hereby, for myself, my heirs, executors, administrators, and assigns, release and forever discharge BellSouth dba AT&T, its allied and associated companies, their agents, servants and employees, from any and all present and future claims, demands, actions, causes of action, suits, damages, loses and expenses, of whatsoever kind or nature, for or on account of orooertv damaqe, which occurred on or about AUQust 21.2009 in the State/Commonwealth of Florida ; for which the undersigned claims BellSouth dba AT&T is legally liable; which liability, injuries and damages are disputed and denied. It is expressly intended and agreed that this release shall apply to subsequently discovered, unknown, or unanticipated damages resulting from the above described incident, as well as to those now disclosed. It is further understood and agreed that the payment of the above named sum, is not to be considered as an admission on the part of BellSouth dba AT&T of any liability whatsoever. And I now state that the only consideration for my signing this release is the payment of the sum stated above; that no other promise or agreement of any kind or nature has been made to or with me by BellSouth dba AT&T or its agents to cause me to sign this release, and that I fully understand the meaning and intent of this instrument. WITNESS my signature this day of ,2010. Claimant's/Releasor's - Signature Claimant's/Releasor's - Signature COUNTY/PARISH OF STATE/COMMONWEALTH OF OR Sworn to and subscribed before me this day of ,2010 Witness Witness Notary Public My Commission Expires: Claim No. BLST62201006040016 ACCEPTED BY: CITY ofOCOEE By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS DA Y OF ,2010. FOLEY & LARDNER By: City Attorney Date APPROVED BY THE OCOEE CITY COMMISSION IN A MEETING HELD ON ,2010 UNDER AGENDA ITEM NO. PROPERTY DAMAGE RELEASE ONLY, #49341309031484 KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being oflawful age, for the sole consideration of FIVETHOUSANDONEHUNDREDEIGHTY30/100----DOLLARS ($5,180.30) to the undersigned in hand paid receipt whereof is hereby acknowledged, do/does hereby acquit and forever discharge MASTEC NORTH AMERICA AND ALL ITS AFFILIATES And his, her, their or its agents, servants, successors, heirs, executors, administrators and all other persons, firms corporations, associations or partnerships from any additional property damage claims, including loss of use, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen property damage and the consequences thereof resulting or to result from the accidental casualty or event which occurred on or about 08/20/2009, at or near MONTGOMERY A VE.,& ORLANDO AVE, OCOEE,FL It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefore and intend merely to avoid litigation and buy their peace. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERST ANDS IT. Signed, sealed and delivered this _ day of ,20_ CAUTION: READ BEFORE SIGNING LS WITNESS LS WITNESS STATE OF COUNTY OF On the day of ,20 _, before me personally appeared to me known to be the person(s) named herein and who voluntarily executed the foregoing Release and acknowledged to me that executed the same. My term expires ,20 Notary Public ACCEPTED BY: By: CITY of OCOEE Attest: S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY TillS DA Y OF ,2010. FOLEY & LARDNER By: City Attorney Date APPROVED BY THE OCOEE CITY COMMISSION IN A MEETING HELD ON ,2010 UNDER AGENDA ITEM NO.