AGREEMENT
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A G R E E MEN T
THIS AGREEMENT entered into on this f~ day of
'J(JY , 1971, by and between the CITY OF CLEARWATER,
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Pinellas County, Florida, hereinafter referred to as "Clearwater,"
and the CITY OF ST. PETERSBURG, Pinellas County, Florida, here-
inafter referred to as "St. Petersburg";
WITNESSETH:
WHEREAS, both St. Petersburg and Clearwater have con-
cluded that a modern, scientifically operated sanitary landfill
is the most efficient method, both economically and environ-
mentally, for disposing of solid wastes today; and
WHEREAS, Clearwater, therefore, desires to discontinue
use of its municipal incinerator and chooses, instead, to dispose
of its solid wastes through a scientifically operated sanitary
landfill; and
WHEREAS" great economies can be realized and the possi-
bility of State and Federal grants enhanced if Clearwater and
St. Petersburg make a joint cooperative effort towards a creation
of sanitary landfills usable by both cities.
NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS:
1. St. Petersburg agrees to accept from Clearwater,
and Clearwater agrees to deliver Clearwater's solid wastes (to-
gether with the wastes of those cities for which Clearwater is
presently, as of this date, contractually obligated) in a min-
imum amount of 40,000 tons a year. Such wastes are to be dis-
posed of in the St. Petersburg's sanitary landfill unless the
alternate in paragraph 6 is necessary.
2. Clearwater agrees to pay St. Petersburg two ($2.00)
dollars per ton for such disposal service and agrees further
that the delivering of such wastes will start no earlier than
October 1, 1971, and no later than March 1, 1972. Said price shall
be in effect for two years and the price per ton would be re-
negotiated on an annual basis thereafter on actual cost of dis-
posal.
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3. It is agreed between the parties that the delivery
of such wastes shall be made by Clearwater to St. Petersburg
at that City's present Toy Town Landfill or to such other
available landfills as is designated by St. Petersburg within
a radius of eight (8) miles of the I-75-Roosevelt Boulevard
Interchange.
4. This agreement shall be for a period of ten (10)
years from the above date unless terminated earlier by mutual
agreement or by either party becoming contracturally obligated
to a regional disposal system operated by a third party. A
regional disposal system for the purpose of this contract is
defined as a system having a capacity of disposing of 250,000
tons of solid wastes a year, available for use at a fee to both
undersigned parties and to at least two more other governmental
units.
It is further agreed that should either party to this
contract elect to go to a regional system and the other party
declines the opportunity, the declining party shall have the
right to continue the operation of the landfill with their own
equipment and personnel for a period of three (3) years or the
duration of this contract, whichever is the shorter period.
5. It is agreed that St. Petersburg will make every
diligent effort to acquire such lands as are necessary to the
parties' joint use within the eight (8) miles of the Inter-
change as listed above in paragraph 3 for sanitary landfill
purposes.
6. Clearwater agrees as a condition of this Agreement
to exercise an option it holds to purchase 320 acres of land
usable as sanitary fill and to hold such lands for a minimum
period of three (3) years for the purpose of an alternate land-
fill site usable by both cities. Such lands are mOJ;e particu-
larly described as follows:
Tract 1 The Northwest ~ of the Northeast ~
of the Northwest ~ of Section 28, Township 28
South, Range 16 East and East ~ of Southwest ~ and
West ~ of Southeast ~ of Section 21, Township 28
South, Range 16 East, less rights-of-way; subject
to survey, containing 180 acres M.O.L.
Tract 2 West ~ of Southwest ~ of Section 21,
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Township 28 South, Range 16 East and Northwest ~
of Northwest ~ of Section 28, Township 28 South,
Range 16 East and Northwest ~ of Southwest ~ of
Northwest ~ of SectiDn 28, Township 28 South, ~ange
16 East lying North of State Road 580, less rlghts-
of-way; , subject to survey, containing 140 acres M.O.L.
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7. The lands described in paragraph 6 are to be
used if St. Petersburg is unable to acquire within three (3)
years of this date additional sanitary landfill sites suffi-
cient for both cities' use for the entire term of this contract
within the radius as described in paragraph 3.
8. It is further agreed that if within the first
three (3) years from the date of this Agreement, St. Petersburg
is unable to acquire sufficient lands for the joint use of both
cities within the eight (8) mile radius, as previously described,
sufficient for the term of this contract, that it may elect to
use the 320 acres described in paragraph 6.
9. It is further agreed that if use of the 320 acres
becomes necessary and St. Petersburg elects to use such, Clear-
water will make such available for sanitary fill purposes to
both parties at no charge to the parties.
10. It is agreed that if the alternate site is used pur-
suant to the terms of this agreement, St. Petersburg will oper-
ate such fill to dispose of Clearwater's solid wastes, as well
as such of its own as it may desire, at no cost to Clearwater
until said site is filled.
11. St. Petersburg has herewith the option to purchase
Clearwater's 320 acres as described above at any time within
the first three (3) years of this Agreement, at the appraised
value of an appraiser mutually agreed upon between the parties
hereto, and the right of first refusal during the remainder of
the contract.
A.~~E5:r Witness:
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Finance Administrator
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? Ci ty Manager
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