WATER MAIN RELOCATION ASSOCIATED WITH KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT
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AGREEMENT
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THIS AGREEMENT MADE and entered into this iil S" day of ':--c.h"'~ ' 20~
by and between the CITY OF CLEARWATER (herein "CLEARWATER") the CITY OF ST.
PETERSBURG, a Municipal Corporation of the State of Florida (herein "ST. PETERSBURG").
WITNESSETH:
WHEREAS, CLEARWATER, owns and is developing that certain property known as the
Friendly Village of Kapok, located at 2950 Glen Oak Avenue in Clearwater and more specifically
described in Attachment A hereto (herein "the Property"); and
WHEREAS, the Property is traversed by a 36-inch water transmission main originally
constructed by the Pinellas Water Company, (herein "the Main") and which is presently a part of the
water supply system of ST. PETERSBURG; and
WHEREAS, ST. PETERSBURG has existing easements located on the Property for the
Main which are described in Attachment B hereto (herein "Old Main Easements"); and
WHEREAS, CLEARWATER is desirous of developing the Property for the Kapok Wetland
and Floodplain Restoration Project which requires excavation of the site in the location of the Main;
and
WHEREAS, CLEARWATER is desirous of relocating the Main on another area on the
Property; and
WHEREAS, ST. PETERSBURG is willing to release and quit claim a portion of its Old
Main Easements to CLEARWATER provided that a new easement for a replaced water transmission
main is granted to ST. PETERSBURG and further provided that the costs for the design,
construction, and inspection of the required relocated water transmission main (herein the "New
Main") are paid by CLEARWATER, subject to the approval and supervision of ST. PETERSBURG;
and
WHEREAS, ST. PETERSBURG is willing to issue a work permit to CLEARWATER for
the New Main and the removal of the Old Main within ST. PETERSBURG's Old Main Easements,
in accordance with the terms of this Agreement and subject to the ST. PETERSBURG's bonding
and insurance requirements;
NOW THEREFORE, and in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1. CLEARWATER shall cause to be prepared a preliminary design drawing showing
the proposed location of a new easement for the relocation of a portion of the Main through the
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Property (New Main Easement) as well as a drawing showing the location of the Old Main
Easements (herein "the Drawing") as shown on Attachment C. The Drawing shall be divided into
four parcels. Parcell and Parcel 2 shall be that portion of the Old Main Easements which will be
included as part of the New Main Easement and upon which the existing Main will not be relocated.
Parcel 3 shall be that portion of the Old Main Easements from which a portion of the Main will be
removed and which the ST. PETERSBURG will release and convey to CLEARWATER. Parcel4
shall be that portion of the New Main Easement to be conveyed by CLEARWATER to the ST.
PETERSBURG and upon which a portion of the Main shall be relocated. The Drawing shall identify
the approximate location of the centerline of the Main to be relocated in Parcel 4 (herein the
"Centerline"). Upon completion of the work as defined in paragraph 5, CLEARWATER shall cause
to be prepared a survey including a legal description of a new easement used for the relocation of
a portion of the Main through the Property (New Main Easement) as well as a survey for the Old
Main Easements (herein "the Survey") as shown on Attachment C. This Survey shall be tied into
quarter section lines using NAD 27 datum and shall indicate the actual "as built" conditions and
Centerline of the New Main.
2. ST. PETERSBURG shall cause to be prepared the New Main Easement based upon
the Survey. The New Main Easement shall be 50 feet in width (20 feet to the west measured at right
angles to said Centerline and 30 feet to the east measured at right angles to said Centerline) for the
subject New Main. The New Main Easement shall include Parcels 1,2 and 4 of the Survey. The
New Main Easement will be in similar form to the easement attached as Attachment D. Such
easement shall allow CLEARWATER the right to use the land within the easement so long as such
use does not interfere with the rights of the ST. PETERSBURG.
3. CLEARWATER shall cause the New Main Easement to be executed and escrowed
with the City Attorney of ST. PETERSBURG within ninety (90) days of execution of this Agreement
with instructions that the New Main Easement shall be recorded concurrent with the recording of a
quit claim deed from the ST. PETERSBURG to CLEARWATER of the existing Old Main
Easements as provided in Paragraph 4 below. CLEARWATER will further cause any Mortgages
recorded prior to the recording of the New Main Easement to be subordinate to the New Main
Easement.
4. ST. PETERSBURG shall cause to be prepared a quit claim deed (herein the "Deed")
to the existing ST. PETERSBURG Old Main Easements throughout the property presently titled to
CLEARWATER. The Deed shall be executed by the proper officials of ST. PETERSBURG upon
approval by the ST. PETERSBURG City Council. The New Main Easement and the Deed shall be
escrowed with the ST. PETERSBURG City Attorney until the construction of the New Main has
been completed and accepted by ST. PETERSBURG at which time the ST. PETERSBURG City
Attorney will cause such documents to be recorded. Acceptance of the construction of the New
Main shall be conditioned upon receipt from the Engineer of a certification of satisfactory
completion of construction of the New Main as specified below within the New Main Easement
along the Centerline and upon the ST. PETERSBURG's concurrence with the Engineer's
certification which concurrence may not be unreasonably withheld.
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5. CLEARWATER shall retain services of a civil engineer, (herein the "Engineer)
registered in the State of Florida and having appropriate professional liability insurance, to prepare
the design and specifications for the construction of the New Main. CLEARWATER shall
competitively bid the work and retain the services of a Contractor approved by ST. PETERSBURG
and meeting the qualifications contained in ST. PETERSBURG's Contract Standards including, but
not limited to, bidder qualification and insurance and bonding requirements (herein "Contractor"),
for construction. ST. PETERSBURG shall provide the Engineer with all of its performance criteria,
requirements, including insurance requirements naming ST. PETERSBURG as an additional insured,
and specifications, if any, (herein "Criteria") for the construction of the New Main. CLEARWATER
shall require the Engineer to perform the following affirmative acts:
a. Engineer shall stake the centerline of the revised water main alignment within
the area of the New Main Easement.
b. Based on ST. PETERSBURG Criteria, the Engineer shall cause to be prepared
plans and profIles showing in detail the proposed water line reconstruction together with full
details on the proposed connection to the existing water transmission main, and details for
the demolition, removal and restoration of the existing transmission main.
c. Engineer shall cause to be prepared construction plans, specifications and
contract documents.
d. Engineer shall cause plans and specifications, and contract documents to be
submitted to ST. PETERSBURG for approval at the 50%, 90% and 100% development
stages. Engineer shall cause the plans, specifications, bid documents and contract documents
to be revised in accordance with comments provided by ST. PETERSBURG and its
consulting engineer.
e. Engineer shall cause the plans and specifications as approved by ST.
PETERSBURG to be submitted to the Pinellas County Public Health Unit, CLEARWATER
and any other appropriate agencies for review and approval, and shall complete all permit
applications, address all review comments and make changes to plans and specification, and
pay all associated application and permit fees.
f. Engineer shall coordinate with the Contractor engaged by CLEARWATER
to construct the New Main and demolish and remove the Old Main.
g. Engineer shall coordinate with the Contractor to review all shop drawings
received from suppliers, and to have such shop drawings approved by the representative
designated by ST. PETERSBURG prior to the return to the Contractor. If ST.
PETERSBURG does not respond to any submittal of shop drawings or other matter for
which ST. PETERSBURG approval is requested within ten (10) business days of receipt,
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such submitted matters shall be deemed approved. However, such approval shall not relieve
the Contractor of responsibility to comply with the contract specifications or relieve the
Engineer of responsibility to ensure compliance with the contract specifications.
h. Engineer shall cause such construction stakes or marking, by the
contractor, as are required for the construction of the New Main to be set and inspected by
the ST. PETERSBURG prior to the Contractor commencing construction.
i. Engineer shall provide contract management, limited inspection, and
administrative services of the work on a daily basis during the course of construction, and
shall report any work which does not conform to the plans and specifications of ST.
PETERSBURG.
j. Upon completion of construction of the New Main, but prior to its connection
to the Main, the Engineer shall submit to the ST. PETERSBURG an as built plan showing
the constructed line and grade of the New Main.
k. Engineer shall observe the bulkheading, disinfection and testing of the New
Main and upon acceptance by ST. PETERSBURG, in writing, and upon approval of the
Pinellas County Health Unit, Engineer shall provide ten (10) days notice, in writing, that the
New Main is ready for connection to the Main and shall request authorization from ST.
PETERSBURG to connect the New Main to the Main. Upon receipt of written authorization
from ST. PETERSBURG, the connection may be made. ST. PETERSBURG shall provide
either written authorization to proceed with the connection or shall object to the connection
within ten (10) business days of receipt of Engineer' s request. The Engineer shall supervise
said connection and issue a certificate of substantial completion in a form as specified by the
ST. PETERSBURG that the work outlined herein has been completed in accordance with the
plans and specifications set forth. Engineer shall prepare a punch list incorporating the
comments of ST. PETERSBURG's engineering consultant and shall conduct a final
inspection of the New Main. If the Engineer provides ST. PETERSBURG with a
certification of final completion and the ST. PETERSBURG does not object to such
certification within ten (10) business days of receipt of that certification, the work shall be
deemed accepted.
6. CLEARWATER and the Engineer shall schedule the connection of the New Main
to the Main subject to the following restrictions:
a. The shut down period for making connections shall be limited to 48 hours and
the Contractor shall be required to work continuously until the transmission main is back in
service.
b. The shut down period will not be permitted to coincide with the normally
high water demand period extending from April 1st to June 15th.
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7. Upon written authorization from ST. PETERSBURG that the work envisioned by this
contract has been accepted, the Engineer shall issue orders to the Contractor to remove the portion
of the Main no longer in service.
8. The City will issue a permit to CLEARWWATER authorizing the site work in the
area of the Old Main Easement five (5) days after the completion and acceptance of the work and
the recording of the Deed and New Main Easement, subject to reasonable terms and conditions of
the permit.
9. All buildings and structures constructed within close proximity of the easement shall
be free standing with an independent foundation unaffected by excavation in the easement to a depth
of at least 10 feet.
10. ST. PETERSBURG hereby agrees to promptly take any action necessary to act upon
requests for approval outlined in this Agreement. ST. PETERSBURG agrees that approval or
rejection of requests made upon them shall be made in writing within ten (10) business days of
receipt of the request, unless otherwise specified in this Agreement.
11. CLEARWATER agrees to prohibit the planting of deep rooted trees within the New
Main Easement. All existing deep rooted trees lying on or in close proximity to the New Main
Easement shall be removed without any damage to the transmission main and related facilities after
a mutual inspection by representatives of CLEARWATER and ST. PETERSBURG identifying such
trees.
12. All costs associated with the work, relocation, reconstruction, including the
surveying, engineering, materials, inspection and construction shall be borne by CLEARWATER.
CLEARWATER shall require the Contractor to provide a dual obligation payment and performance
bond which names both CLEARWATER and ST. PETERSBURG as obligees or beneficiaries of the
bond.
13. CLEARWATER shall reimburse ST. PETERSBURG an amount not to exceed
$70,030 for the costs of staff, plan review, and inspection services of outside consultants hired by
ST. PETERSBURG. ST. PETERSBURG shall provide CLEARWATER with copies of all
inspection reports of the outside consultants. The reimbursement funds shall be wire transferred to
the City of St. Petersburg to Account No. 403 13EOOOO 466.8803.
14. The CITY OF CLEARWATER shall require the successful contractor to:
a. Indemnify, hold harmless, pay on behalf of, and defend the CITY OF
CLEARWATER and its agents and employees and the CITY OF ST. PETERSBURG and its
agents and employees from and against all claims, damages, losses and expenses, including,
but not limited to, attorneys' fees, arising out of or resulting from the performance of the
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Project or the Utility Work;
b. Provide a dual obligee performance bond in the full amount of the Project,
naming the CITY OF CLEARWATER and the CITY OF ST. PETERSBURG as obligees; and
c. Provide insurance coverage with the CITY OF CLEARWATER and the CITY
OF ST. PETERSBURG named as additional insured entities and certificate holders in the sum
of $2,000,000 per occurrence and $2,000,000 in the aggregate.
Nothing herein is intended to serve as a waiver of sovereign immunity by either party.
Nothing herein shall be constructed as consent by either party to be sued by third parties in any
manner rising out of this Agreement. Any provision of this Agreement to the contrary
notwithstanding, the total liability of CLEARWATER to ST. PETERSBURG shall not, under any
circumstances or for any reason, exceed those statutory sums set forth in Section 768.28, Florida
Statutes.
15. CLEARWATER'S obligation to defend or pay for the defense of ST. PETERSBURG
shall be triggered by ST. PETERSBURG'S notice of claim to CLEARWATER. CLEARWATER
shall undertake the defense of any such claim within seven (7) days after such notice by ST.
PETERSBURG is given to CLEARWATER by registered or certified mail. CLEARWATER shall
continue to defend or pay for defense of such claim until the parties mutually agree to liability as
between ST. PETERSBURG AND CLEARWATER, or until there is a non-appealable court
determination of such liability as between ST. PETERSBURG AND CLEARWATER. The parties
mutually agree that the decision of whether CLEARWATER defends a claim against ST.
PETERSBURG with in-house counselor outside counsel is solely the decision of CLEARWATER.
If CLEARWATER undertakes defense of any claim against ST. PETERSBURG, any investigation
fees, attorney fees, and defense costs incurred by ST. PETERSBURG shall be the sole expense of
ST. PETERSBURG with no reimbursement to be made by CLEARWATER.
16. Upon completion and acceptance of the work, CLEARWATER shall formally assign
all of its warranties, both express and implied, and contractual rights from the Contractor,
subcontractors, suppliers and Engineers relating to the design and construction of the work to ST.
PETERSBURG.
17. Subsequent to the completion and acceptance of the work and the recording of the
New Main Easement, CLEARWATER shall have no further responsibility regarding the work or the
New Main and its agents, employees and representatives shall be released by the ST. PETERSBURG
for any claims relating to the design, construction and relocation of the New Main and any
consequential or incidental damages relating to the use or operation of the New Main.
18. This Agreement shall be binding upon and inure to the benefit of the successors and
assigns of each of the parties hereto. If any conditions of this Agreement are not complied with by
any party, the party injured must seek remedy by due process oflaw, and the defaulting party agrees
to pay all costs, fees and reasonable attorneys fees incurred by the party injured pursuant to
remedying said default.
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19. In the event that any portion of this Agreement (including any provision or part
thereof) shall be held to be invalid for any reason, such invalidity shall not affect the remainder of
this Agreement and the same shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
ATTEST
CITY OF ST. PETERSBURG, FLORIDA
BY:~~
Eva Andujar
City Clerk
By:
Rick Baker
Mayor
By:
~,.,.Jr..tCity orney for the
City if St. Petersburg, Florida
Michael J. Connors, Director
Engineering, Stormwater &
Transportation
APPROVED AS TO FORM:
ATTEST:
~tJ.' ~/)'_A
'.. - " '-<I(.JhA~_ ceaK..-
;.., - n hill E. Gouileau
V f City Clerk .
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ATTACHMENT A
LEGAL DESCRIPTION
That part of the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East,
Pinellas County, Florida, lying South and East of the Tampa and Gulf Coast Railroad Right-of-way,
Less the following described parcel:
From the Northeast comer of the Southeast 1/4 of said Section 8 run South 00014'20" West along
the section line 363.0 feet for a Point of Beginning; thence continue along the section line 230.0 feet;
thence North 89"20'32" West 283.0 feet; thence North 2~ 17'14" East 257.28 feet; thence South 890
20'32" East 166 feet to the Point of Beginning, being further described as:
That part of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 29
South, Range 16 East, lying South and East of the S.A.L. Railroad and further described as follows:
Begin at the Northeast comer of the Southeast 1/4 of Section 8, Township 29 South, Range ~6 East,
run thence South 000 14'20" West along the section line 363.0 feet; thence North 89020'32" West
166.0 feet; thenceSouth2~ 17'14" West 257.28 feet; thence South 89"20'32" East 283.0 feettothe
section line; thence South 000 14'20" West along the Section line 741.70 feet; thence North 890
35'58" West along the 40 acre line 1384. 74 f~ thence North 000 50'31" East 1048.83 feet tQ the
Southerly right-of-way line of the S.A.L. Railroad; thence along a curve to the left along the
Southerly right-of-way .of said S.A.L. Railroad, whose chord bears North 720 44'22" EaSt, chord
943.56 feet, arc 969.91 feet and radius 1196.28 feet to the East-West centerline of said Section 8;
thence South 89" 33'16" East along the East-West centerline of said Section 8 473.80 feet to the
Point of Beginning.
Being more particularly described as follows:
That part of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 29
South, Range 16 East, lying South and East of the SA.L. Railroad and further described as follows:
Begin at the Northeast comer of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East,
run thence South 000 13'48" West along the section line 362.97 feet; thence North 89020'08" West
166.09 feet; thence South 2~ 17'20" West 257.33 feet; thence South 89"20'22" East 283.06 feet to
the section line; thence South 00014'21" West along the section line 741.67 feet; thence North 890
35'58" West along the 40 acre line, 1385.87 feet; thence North 000 54'25" East 1049.20 feet to the
Southerly right-of-way lirie of the S.A.L. Railroad; thence along a curve to the left along the
Southerly right-of-way of said S.A.L. Railroad, whose chord bears North 720 46'01 ~ East, chord
943.25 feet, arc 969.58 feet and radius 1196.28 feet to the East-West centerline of said Section 8;
thence South 89D 34'14" East along the East-West centerline of said Section 8 473.90 feet to the
Point of Beginning.
~
ATTACHMENT "B"
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KAPOK WETLAND &
FLOODPLAIN RESTORATION
NEW WATER UTILITY EASEMENT
[-~ ) ;:~~"....""''''
Tompo, f\. JJ61l,
. PARSDNS "'~" (SU) 9JH."',
Fo-: (all) 9.10 1332
fl Cll.f;fic:al'on No. 7165
Prepared by and Return to:
City of St. Petersburg,
Property Management and Realty Services Division
ATTN:
Post Office Box 2842
St. Petersburg, Florida 33731- 2842
A flac.-h me/? t D
Property Appraiser's Parcel Identification
PERPETUAL AND EXCLUSIVE EASEMENT
TillS INDENTURE made this day of , 2~tween
a Corporation, hereinafter referred to as ("Grantor"), whose post office address is _
, and the City of St. Petersburg, Florida, a
municipal corporation, whose post office address is Post Office Box 2842, St. Petersburg, Florida 33731-
2842, hereinafter referred to as ("Grantee");
WIT N E SSE T H:
That for and in consideration of the sum of One Dollar ($1.00) in hand paid by the Grantee, the
receipt of which is hereby acknowledged, and in consideration of the conditions and covenants contained
herein, the Grantor does hereby grant and convey to the Grantee an exclusive, perpetual easement
("Easement It) for public purposes, in and upon that certain parcel of land, hereinafter referred to as
"Property", situated in Pinellas County, Florida, which is legally described in Exhibit "A" attached hereto
and made a part hereof by reference.
The Easement shall be granted for public purposes. Said public purposes shall include, but not be
limited to, construction, relocation, maintenance, upgrading, and repair of new, existing and future water
transmission main facilities, and/or the future installation, maintenance, and repair of new, upgraded and/or
additional water transmission main facilities, underground pipes, water mains, blowoff valves, fittings,
related structures, utilities, communications, fixtures, equipment, accessories and any related facilities.
The Grantee shall have the right to patrol, inspect, alter, improve, repair or replace and rebuild
such pipelines and related equipment and accessories, including the right to increase the size and/or number
of pipelines, together with all rights and privileges necessary or convenient for the full enjoyment and use
thereof for the purposes above-described, including, but not limited to, the right to enter over and upon
the lands of the Grantor, its successors and assigns, for purposes of exercising the rights and privileges
herein granted, including, but not limited to, the right to clear the land legally described in "Exhibit A"
of vegetation, structures, pavement or any other encroachment, to excavate, construct pipelines and to
prohibit the construction of permanent structures within the Easement.
Grantee shall, after completion of the installation of the pipelines, and related equipment and
accessories, restore the involved Easement area to as good or better condition as existed immediately prior
to construction, including but not limited to landscaping and sod, curbing, asphalt and other improvements
currently and legally constructed within the Easement area. In the event of future excavation within the
Easement area by the City, the City agrees to restore the Easement area and any involved improvements,
including but not limited to landscaping and sod, curbing, asphalt and other improvements legally "
constructed within the Easements and which have been agreed to by the City in writing prior to
construction of the improvements within the easements, to as good or better condition as existed
immediately prior to excavation and construction.
I:\Public Utility Projects\TM EASEMENT DOC CORP.wpd
Page 1 of 4
This Easement limits the Grantor's right to install and maintain streets, driveways, fences
and landscaping over the property legally described above and illustrated in "Exhibit A" that are
not authorized and approved by Grantee. The construction of drainage improvements, retention
or detention facilities shall not be permitted within the Easement, unless plans for such
improvements or facilities have been approved of in writing by the Grantee prior to such
construction. Said approval shall not be unreasonably withheld.
Grantor further covenants with the Grantee that, in the case where utility lines are servicing
buildings on Grantor's property, utilities may transverse the Easement, with written approval of
the Grantee, providing they shall in no way interfere with the Grantee's rights. Said approval
shall not be unreasonably withheld.
Grantor further covenants with the Grantee that it is lawfully seized of the parcel described
herein, which is free and clear from all encumbrances, or the holders of all such encumbrances
have released any such interest in the property described in "Exhibit A" or have joined in the
granting of this Easement, and that Grantor has good, right and lawful authority to grant the
Easement described herein, and that it fully warrants that it has title to the parcel of land described
herein and will defend the same against lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name as of the
day and year first written above.
WITNESSES (as to Grantor):
GRANTOR:
By:
President
Witness Signature
Typed, Printed or Stamped Name
ATTEST:
Witness Signature
Corporate Secretary Name
Typed, Printed or Stamped
Typed, Printed or Stamped Name
(Affix Corporate Seal)
J:\Public Utility Projects\TM EASEMENT DOC CORP.wpd
Page 2 of 4
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of
200_, by
(is/are) personally known to me or (haslhave) produced
identification) as identification and appeared before me at the time of notarization.
,A.D.
. (He/She/They)
(Type of
Notary Public - State of Florida
Notary Signature
Typed, Printed or Stamped Name
(Affix Notarial Seal)
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
City Attorney or designee
City Attorney or designee
By:
By:
Assistant City Attorney
Assistant City Attorney
'.
I:\Public Utility Projects\TM EASEMENT DOC CORP.wpd
Page 3 of 4