TO PROVIDE BUS SHELTERS (2) - BAYVIEW AVENUE & TANGLEWOOD DRIVE - ROCKAWAY STREET & MANDALAY AVENUE
.'
I
I
AGREEMENT
THIS AGREEMENT, made and entered into this ;tJ. ~( day of
~t2-td/ , A. D. 1977, by and between the CENTRAL PINELLAS TRANSIT
AUTHORITY, a body politic and corporate, an agency of Pinellas County,
Florida, constituted under Chapter 70- 907, Special Acts of Florida, 1970,
hereinafter referred to as "Transit Authority", and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, the Transit Authority is desirous of providing bus shelters
at frequently used bus stops in the City of Clearwater; and
WHEREAS, the City of Clearwater owns the right-of-way at two of the
locations, primarily the intersection of Bayview Avenue and Tanglewood Drive
and the intersection of Rockaway Street and Mandalay Avenue; and
WHEREAS, the City is agreeable to allowing the Transit Authority to
utilize an area of approximately 14 feet by 9 feet of the right-of-way for the
purpose of erecting bus shelters at each of the specific locations; and
WHEREAS, the City feels that such use by the Transit Authority is in
the best interest of the public and providing a bus service to the community;
NOW, THEREFORE, the Transit Authority and the City, for and in
consideration of the covenants herein contained, and other good and valuable
considerations, agree as follows:
1. That the Transit Authority is authorized to use approximately 14
feet by 9 feet of the right-of-way at the prescribed locations for the purpose
of erecting bus shelters for the Transit Authority.
2. The Transit Authority will be responsible for the design and
construction of the shelters, concrete foundations, and other devices needed
for the operation of the bus shelter facility subject to all devices meeting the
approval of the City Engineer and the Traffic Engineer prior to installation.
Such design and construction shall be at the expense of the Transit Authority.
",
/,1
-1/ .
\
,\
- 1-
/):0
lJ
4
00//
(rc .,
. i~ .-
. I
I
I
3. The Transit Authority will be responsible for the maintenance and
upkeep of the bus shelters on the portion of the right-of-way used for bus
acti vitie s.
4. The City will not require payment for the use of the rights-of-
way.
5. This Agreement will be made for a period of twelve (12) months
commencing on this date of possession by the Transit Authority or April 1,
1977, whichever is first, and may be renewed annually subject to the approval
of the City that the location of this facility is in the best interest of the City.
The City reserves the right to immediately terminate this Agreement and the
use being made of the right-of-way should the City Commission determine
that the right-of-way is needed for other public purpose. In the event of
such termination, the City agrees to provide Transit Authority with thirty (30)
days written notice of the termination and the Transit Authority agrees,
following receipt of such notice, to remove any or all shelters at its cost.
6. Transit Authority shall assume all responsibility for the liability
resulting from the Transit Authorityts use of the property. Transit Authority
agrees to assume the defense of and hold the City harmless from any and all
claims for personal injury or property damage arising out of the use of the
right-of-way described in Paragraph 1 for bus shelters.
7. Upon termination of this Agreement, the Transit Authority will
restore the right-of-way, at no cost to the City, to the configuration existing
on the date of execution of this Agreement.
8. The Transit Authority agrees that permission to use the right-of-
way area described in this Agreement for a bus shelter or shelters shall not
be construed to confer upon it any interest in the right-of-way area where
the shelter is located.
9. All notices hereunder shall be sent to the Central Pinellas Transit
Authority, 14840 - 49th Street North, Clearwater, Florida 33520, and to the
City of Clearwater, City Manager, Post Office Box 4748, Clearwater,
Florida 33518.
-2-
I
I
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year above written.
Witnes ses:
~.~
,
1Jt:h f Jt;
,LLk
As tp City
CENTRAL PINELLAS TRANSIT AUTHORITY
//) ;J If /J /)
By ~./{,~ I~ /~4)~
Transit Director
~
9 Jii .A.. ~y
CITY 9"F CLEARWATER;i) FLORIDA
/ , 1 I. --,
By ~ . )
Counter signed:
~~~~
. Mayor-Commi' ner .
?" It.;"'."
'.
I
...
~ BEAai
She!
Light Pole 4
. Bercl11
Rockaway
!
.....
~
I
N
/ .'~, ,-
. .
I
I
...
CDNOON GARDENS
Office
Tanqlewcod
C::;
Shelter
,,'
I'
, I
y'
N
,-
..
, .,
~.
.. .4.. .
"'- ..~
I
...
M)RlON PIAN!' "IDSPITAL
v
I
...
,z
South Druid Rd.
~
.a
~