RIGHT-OF-WAY DEDICATION AND MAINTENANCE AGREEMENT
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RIGHT-OF-WAY DEDICATION AND MAINTENANCE AGREEMENT
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THIS AGREEMENT, made and entered into this JL day of ,2003 by and
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation ("City"), and
ROBERT N. LYNCH, AS BISHOP OF THE DIOCESE OF ST. PETERSBURG, A
CORPORATION SOLE ("Diocese")
WITNESSETH:
WHEREAS, the Diocese did submit a site plan to the City in 2001 to construct a 29,410 square
foot classroom and office addition to St. Cecelia Catholic School, 400 South Hillcrest Avenue,
Clearwater; and,
WHEREAS, final site plan approval of the proposed project by the City required additional
Court Street ingress and egress to school grounds to comply with Life Safety Code standards for fire and
emergency rescue vehicles; and,
WHEREAS, the City is the owner of a parcel of land adjacent on the west to St. Cecelia
Catholic School, commonly known as David Martin Soccer Field; and,
WHEREAS, the approved site plan identified the southeast comer of said David Martin Soccer
Field as the location for the ingress and egress parcel; and,
WHEREAS, the classroom and offices addition to St. Cecelia Catholic School, including the
driveway across the ingress and egress parcel, have been constructed in compliance with City building
permit number BCP 2001-01055; and,
WHEREAS, it is now necessary to formerly establish the obligations, rights and responsibilities
of the City and the Diocese with respect to the ingress and egress parcel and the driveway improvements
thereon;
NOW, THEREFORE, the parties hereto agree as follows:
1. Concurrent with approval and execution of this Agreement the City shall declare as
surplus for the purpose of dedicating as right-of-way that certain 2500 square foot parcel of David
Martine Soccer Field more specifically described and illustrated in EXHIBIT "A" appended hereto and a
part hereof.
2. The City shall, by adoption of a Resolution of its City Commission in compliance with
Section 2.0 1 (d)(5)(v) of the City Charter, dedicate the aforementioned parcel as right-of-way.
3. Upon dedication of the right-of-way, the Diocese shall, at its sole cost and expense,
thereafter maintain and replace, if required, the driveway improvements now constructed therein in
compliance with Clearwater City Code requirements as presently established, or as hereafter amended.
4. Nothing contained in this Agreement shall prohibit the City at any time from acting to
vacate the dedicated right-of-way so long as an alternative solution is established to meet the Life Safety
Code requirements resolved by the terms and conditions of this Agreement.
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5. In consideration of entering into this Agreement the Diocese shall hold the City harmless
from any and all liability from injury to person or property arising from the operation of this Agreement,
or from the use of the dedicated right-of-way by the Diocese, its students, visitors, invitees or the general
public.
6. All notices to be furnished hereunder shall be furnished to the parties at the following
addresses, or to such other address that either party may furnish to the other:
City: City of Clearwater
Attention: City Attorney
P. O. Box 4748
Clearwater, Fl. 33758-4748
Diocese: Diocese of St. Petersburg
Attn: Real Estate Manager
P. O. Box 402000
St. Petersburg, Fl. 33743-0200
7. In the event either the City of the Diocese shall ever seek to enforce any provision of this
Agreement, both parties agree that the prevailing party shall be entitled to attorney's fees and costs
awarded by a court of competent jurisdiction in Pinellas County, Florida, through all appellate levels and
post judgment proceedings.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
Signed, sealed and delivered
in the presence of:
ROBERT N. LYNCH, AS BISHOP OF THE
DIOCESE OF ST. PETERSBURG, A
CORPORATION SOLE
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By: t/;~~
Print Name IEWl- AtA-TJ. .1'-1. ~ IFFrv ~
Title Secretary for Admlnistratlon
DiVito
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Witness /
t/'Jean M. Bridges
Print Witness Name
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LEARWATER,FLORIDA
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Attest:
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thia E. Goudeau, City Clerk
EXHIBIT "A"
Scale 1 u 100'
This is not a survey
FRANKLIN
STREET
ST. CECELIA
INTERPAROCHIAL SCHOOL
DAVID MARTIN SOCCER FIELD
The S. 1/2 of the S.W. 1/4 of the S.E. 1/4 of the
N.E. 1/4 Section 15 Township 29S Range 15E.
LESS the S. 70 feet thereof.
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Indicates right-of-way dedication
COURT
STREET
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CITY OF' CLEARWATER, FLORIDA
PUBUC WORKS ADt.tINISTRA TlON
ENGINEERING
NOVO
CITY OF CLEARWATER
LEGAL SKETCH
DAVID MARTIN SOCCER FIELD
QCNO.
LGL2002-14
.......
1 OF 1
SEcr - TWSP-RNG
15-29S-15E
CRllNMOC<
N/A
ORA'MfBY
D. KING
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.AlE
12/03/2002
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2878