PLAYGROUND ISLAND ESTATES
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AGREEMENT
THIS AGREEMENT made and entered into this
day of
~ .... , A. D. 1979, by and between the CITY OF CLEARWATER,
FIDRIDA, a municipal corporation, hereinafter referred to as "City", and
the DIOCESE OF ST. PRl'ERSBURG, FIDRIDA, hereinafter referred to as "Church";
WIT N E SSE T H:
WHEREAS, the City is desirous of installing, and making available to
the general public, a fenced playgrOl.m.d area and play field on property owned
by the Church and located at the Catholic Church on Island Estates in CleaI:Water,
Florida; and
WHEREAS, the City and Church are each willing to cooperate in this
matter under certain oondi tions and provisions;
NOW, THEREFORE, in consideration of the covenants herein contained
and other good and valuable consideration, the Church hereby agrees to pennit
the City to install playground equipnen.t and to construct a play field on the
following described Church property, to wit:
A tract of land lying in Section 8, TcMnship 29 South, '; J
Range 15 East, Pinellas County, Florida, and being
rrore particularly described as follows:
Fran the PRM at the Northwesterly corner of the inter-
section of Island Way and Windward Passage as shown on the
plat of Unit 5, Island Estates of Clearwater (see Plat Book 51,
Page 34 of the Public Records of Pinellas County, Florida) run
N 88.38'59" Walong the Northerly right-of-way line of Windward
Passage, 375.00 feet; thence run Northerly along the Westerly
right-of-way line of Larboard Way (see O.R. Book 2873, Page
143 of the Public Records of Pinellas County, Florida) on a curve
to the left having a radius of 4935.00 feet, a chord bearing
N 0.13'03" W, a chord length of 190.07 feet, for 190.08 feet
to the P.O.B.; thence leaving said right-of-way line, run
N 88'38'59" W, 94.28 feet; thence run N 49'23'41" W, 164.43
feet; thence run N 81.50'38" E, 216.06 feet to the aforementioned
Westerly right-of-way line of Larboard Way; thence along said
Westerly right-of-way line run along a curve to the right having a
radius of 4935.00 feet, a chord bearing S 02.08'02" E, a chord
length of 139.99 feet, for 140.00 feet to the P.O.B.
This Agreement is subject to the following conditions and provisions:
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1. The tenn of this Agreement shall carmence on the ry
day of ~ ' 1979, and shall continue until a ninety-day (90)
notice of tennina.tion in writing is given to either party by the other.
2. The City shall purchase, install, and maintain all equipnent for
the playground. Such equipnent shall rena.in the property of the City of
Clearwater and shall be raroved upon termination of this Agreement. At the
termination of this Agreement, the City shall restore the property to the
condition in which it existed at the time of this Agreement, reasonable wear
/,! and tear excepted.
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3. The City shall purchase and install an underground irrigation
system and be resp:msIible _ for the cost of water used on the playground. In
addition, the City will install a fence along that portion of Larboard Way
included within the above-described property. The City will keep said fence
in a state of repair and at the termination of this Agreement; the fence will
rernainthe property of the Church.
4. The City covenants and agrees to indemnify and save Church hannless
fran and against any and all claims for damages for any bodily injury or loss of
life in, upon, or about the demised premises during the tenn of this Agreement.
The City covenants to provide on or before the carnnencement date of
the tem of this Agreement and keep in force during the term of this Agreement,
a canprehensive liability policy of insurance, insuring the Church and City
against any liability whatsoever occasioned by accident on or about the demised
premises or any appurtenances thereto. Such policy shall be written by an
insurance company with a best rating of AAA., in the anount of One Hundred Thousand
Dollars ($100,000) in respect of anyone person, and in the anount of Three Hundred
Thousand Dollars ($300,000) in respect of anyone accident, and Fifty Thousand
Dollars ($50,000) for property damage. The City has the option to purchase insurance
to the limits stated above or be self-insured to these same limits. The City shall
provide the Church with Certificates of such insurance ooverage at the beginning of
each year during the term of this Agreerrent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year last above written.
CITY OF crrTER'{lfJl3./ ~> ",
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By~ f"JZ~l~~, '!!-~~
C;i: Y Manager
Mayo -
Approved as to fonn and
correctness:
Attest:
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City Clerk
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PEl'ERSBURG
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