Title
A Resolution Authorizing the Mayor to Execute The Second Amendment to the "Foley Beach Express" Agreement
Summary
Description of Topic: (who, what, where, when, why and how much)
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
_____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ Yes, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
_____ No, requesting an increase of $__________ to an already approved project titled _______________________ that is being tracked under Account No. _________________.
Body
WHEREAS, the City of Foley, Alabama, has requested the approval for the construction of a northbound left turn median cut South of the intersection of County Road 20 and the Foley Beach Express; and
WHEREAS, the City, County and BCBC believe it to be in the best interest of the parties and for the orderly movement of traffic in the area to authorize and approve the construction of the proposed median cut, subject to the terms and conditions set forth herein; and
WHEREAS, the parties desire to amend the "Foley-Beach Express" Agreement and any and all exhibits, maps, documents and agreements related thereto in order to allow for the construction of the proposed median cut.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION 1: Notwithstanding any provision, agreement, term, condition, procedure or requirement to the contrary, the City, County and BCBC hereby approve and authorize the construction of the median cut and improvements requested by the City of Foley as depicted in Exhibit A, which is attached hereto and incorporated by reference, subject to any changes, terms, conditions, requirements or maintenance agreements deemed necessary by the County Engineer or the City.
SECTION 2: To the extent that any approvals, submissions, procedures, applications or any other action is required by the "Foley-Beach Express" Agreement, or any exhibits, maps, documents and agreements related thereto, in order to approve or authorize the construction of the median cut and improvements, the City, County an BCBC agree that all such requirements set forth in the Agreement have been met and satisfied, subject to any changes, terms, conditions, requirements or maintenance agreements deemed necessary by the County Engineer or the City. The construction of the median cut and improvements shall comply with all applicable federal, state and local laws, rules and regulations.
SECTION 3: The "Foley-Beach Express" Agreement and any exhibits, maps, documents and agreements related thereto, including, but not limited to, the Access Management Plan for the Foley Beach Express, are hereby amended to the extent necessary to allow, authorize and approve the construction of the median cut and improvements depicted on Exhibit A, subject to any changes, terms, conditions, requirements or maintenance agreements deemed necessary by the County Engineer or the City.
SECTION 4: Each party agrees that said party will, without further consideration, execute and deliver such other documents and take such other action, whether prior or subsequent to execution, as may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of the Amendment.
SECTION 5: Except as expressly amended by this Second Amendment, the "Foley-Beach Express" Agreement and any exhibits, maps, documents and agreements related thereto shall remain in full force and effect.
SECTION 6: This Amendment may be signed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.
SECTION 7: This Resolution shall become effective immediately upon its adoption as required by law.