AGREEMENT RE LITTLE PASS (SAND KEY) BRIDGE (2)
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THIS AGREEMENT, Made and entered into this 26th day of
June. A. D. 1961, by and between THE CITY OF CLEARWATER,
a municipality, created and existing under the laws of the State of Florida.
and hereinafter called the City, and ED C. \:~IGHT, of st. Petersburg,
Pine lIas County. Flor~da, hereinafter called 'fright.
WIT l~ E SSE T H:
(1) It is recognized and agreed by and betvrnen the parties hereto
that the intent of this agreement is to set forth a plan and program for
cooperation between the parties hereto and to spec if:\, the promises made each
to the other in regard to the matters to which this agreement relates.
(2) It is declared by the parties that on the part of the City that the
purpose of this agreement is to secure the aid, cooperation and assistance
of TIright in order to accomplish the erection and construction of a certain
bridge connecting Clearwater Beach and Sand Key in Pinellas County, to be
known as Little Pass Bridge, and hereinafter called the Bridge. and to secure
rights-of-way for the approach roads thereto and to provide for the construc-
tion and paving of such roads and the providing of adequate drainaCe facilities
therefor. and to annex certain lands of Wright on sand Key into the City of
Clearvre.ter.
(3) It is declared by the parties that on the part of Wright, the
purpose of this agreement is to offer and promise aid. assistance and cooper-
ation as herein specified to the City in the accomplishment of the purposes
of the City as set forth above.
(4) In order to effectuate the above purposes, the parties hereto, for
and in consideration of the sum of One Dollar ($1.00) and other valuable
consideration and the promises tIl9.de by the parties each to the other, as
set forth herein, do agree to do and perform the matters and things as set
forth herein.
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(5) It is recognized and agreed by the parties that this instrument
embraces the whcle of the agreement of the parties hereto in respect to the
III>tters to which this agreement relates and it is further recognized and
agreed that the agreements and promises contained herein constitute a oorre-
lated plan or program for the complete accomplishment of the project to
which this agreement relates and that each of such agreements and promises
are inter-related and the performance of each by the parties is dependent
upon the performance by the other of said promises and agreements.
(6) It is agreed by the parties that the map attached hereto and made
a fEl,rt hereof by reference as Item 1. is a true and correct representation of
the area of land and water to which this agreement relates.
(7) It is understood by the parties that the City has heretofore valid-
ated certain revenue certificates in the amount of $1.500.000.00 as appears in
the records of the Circuit Court cf Pinellas County. Florida. and particularly
in Chancery File No. 56912 thereof. and the City anticipates selling such
certificates to defray costs of erection and constructi on of the Bridge. the
acquisition of rights-of-way for approach roads thereto and the construction
and paving of such approach roads. and providing adequate drainage facilities
therefor. but that the sale of such certificates and entering into a contract
for construction and erection of such bridge is dependent and contingent upon
Wright acquiring and dedicating to the City. without cost to the City. right-of-
way for the approach road to the south end of said bridge. said right-of-way
being described on the map attached hereto.
It is expressly understood and agreed that no part of the acquisition
of such right-of-way nor the construction of the road or the paving of the same,
or providing drainage facilities therefor shall be paid for or defrayed from t.he
general revenues of the City of Clearwater, and this contract shall not be
construed to so obligate the City.
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(8) It is recognized that in order to acquire sufficient land to
provide and dedicate adequate right-of-way for the approach rcad to the south
end of the Bride;e, that it will be necessary for \\right to acqu.ire from the
Trustees of the Internal Improvement Fund of the State of Florida certain
submerged lands adjacent to Sand Key, and ~right agrees to immediately apply
to and begin negotiations with said Trustees for ecquisition of such submerged
lands, which lands are located on the map attached hereto, but in no event shall
Wright be obligated to acquire said lands at a purohase price in excess of that
which he is willing to pay. and if said lands can not be acquired at a purchase
price acceptable to Wright, than this agreement shall be null and vcid and the
parties released each by the other from any further obligation to do and per-
form the things herein provided.
The City a grees to 1m ke full disclosure of it s plans and pr opcsala to
the Trustees, and to give such assistance as possible to Wright in the acqui-
ition of such submerged lands, including the filing, if necessary. of a copy of
this contract with said Trustees.
(9) Upon acquisition by Wright of the submerged lands from the Trus-
tees of the Internal Improvement Fund. he will simultaneously. with the deliv-
ery of deed to such submerged lands to him, enter into a contract or agreement
with the City for depositing appropriate instruments of dedication of the right-
of -way aforesaid to the City, or its nominee, in escrow, conditioned that said
instruments of dedication shall be delivered to the City at the time the City
enters into and execute contract for construction of the Bridge, or at such
earlier time as such parties may mutually agree upon.
(10) It is understood and agreed that in the event Wright acquires
the submerged land indicated on the map and dedicates the rie:ht-of-way to
the City, that the fill material for the construction of the approach road will
be obtained from Clearwater Bay east of the bulkhead line of 1".lt'ight' s property
on Sand Key as now established.
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(ll) It is recognized by the parties that upon completion of the
Bridt;e and the approach roods thereto, that it will be desirable that the
City annex into the City of Clearwater the lands of Wright on Sand Key and
Wright agrees that upon suoh completion of the construction of the Bridge and
the approach roods thereto, that he will consent to, or if necessary,will
apply to the City of Clearwater for annexation of said lands into the City of
Clearwater and will cooperate with the City in the annexation of said lands.
(12) It is understood and agreed that upon annexation of the territory
into the City of Clearwater that utility service will be afforded such annexed
territory on the same basis as other areas within the City.
It is understood and agreed that Wright _y, at his option, make
application for annexation prior to completion of construction of the Bridge
and approach roads thereto, and the City agrees to annex such territory
upon Wright's making such application.
IN WITNESS WHEREOF, Ed C. "rright has hereunto affixed his
hand and seal, and the City of Clearwater has caused its corporate name
to be signed and its seal affixed by the Mayor-Conmrlssioner and attested
by its City Clerk, the day and year
(SEAL)
CITY OF CLEARWATER, a municipal
corporation of the Stat of Florida
(SEAL)
By
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ATTEST I
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COUNTERSIGNED:
(SEAL)
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City Ml.nager
Approved as to form and
correctness:
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City Attorney
Signed, sealed and delivered
in the presence of:
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As to Ed C. Wright
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As 0 C Y of Clearwa .
*See Commission minutes of November 6, 1961.
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ADDENDUM
.l1lEREAS. the proposed Agreement between ED C. WRIGHT. who
has heretofore executed the same, and CITY OF CLEARWATER. dated
June 26. 1961, copy of which is attached. should be modified to include
certain additional covenants and provisions in order to satisfy the require-
ments imposed by said City; and
'MffiREAS. Wright has consented to the same and the parties now
desire to reduoe all negotiations to writing in order to facilitate the construc-
tion of proposed Little Pass Bridge;
NOV,. THEREFORE, in consideration of the mutual covenants be'tween
the parties, as well as other good and valuable considerations. the City of
Clearwater and Ed C. Wright hereby modify their proposed Agreement
dated June 26, 1961, to include the following.
A. In addition to its present provisions. paragraph (9) is hereby
amended to include the 1'011 awing provision:
"Wright shall, in like manner and upon the same condition.
without additional consideration, grant to City. for municipal
use. a tract of land East of and adjacent to the aforesaid road
right of way. approximately midway between the bridge ap-
proach and County Road No. 208; said tract to be comparable
in area and topography to that of the Island Estates Sewer
Plant located in Island Estates Subdivision. on Clearwater
Beach, Florida. said site to be adaptable or usable as a
municipal sewer plant, the selection of such site to be made
by joint agreement of respective consulting engineers for City
andWright. In the event said consulting engineers fail to
agree upon such site location said engineers shall jointly
select a third such engineer to review the same and the major-
i ty vote of such engineers shall control."
B. In addition to its present provisions, Paragraph (11) is hereby
amended to include the following provision:
"Wright to execute a good and sufficient bond in the amount of
$100.000.00, secured by negotiable securities, to guarantee
the aforesaid covenent of Ed C. Wri[ht, and same to be binding
upon his heirs. successors, personal representatives and
assigns. Wright hereby agrees that this agreement covers all
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of" his sand Key property and he will not resist or oppose
annexation thereof" by City pursuant to Chapter 171.04,
Florida Statutes."
DATED thiS..s-...d day of" July, A..D. 1961, and executed by the
said parties simultaneously with the principal Agreement to which this
Addendum is attached and made a part thereof".
Wi tnesses as to Wright:
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Witnesses as to City:
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(SEAL)
COUNTERSIGNED:
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ATTEST:
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." . .. "City>eferk
Approved as to form and
correc tness :
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. City Att rney
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*See Commission minutes of November 6, 1961.
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BOND FOR ANNEXATION
:KNOW ALL MEISl BY THESE PRESENTS, That II ED C. WRIGHT,
of st. petersburg, pinellas Ceunty, Flerida, am held and firmly
beund unto. CITY OF CLEARWATER, a municipal cerperatien ef the
State ef Flerida, in the sum of QI\UJl HUNDRED THOUSAND DOI.LARS
($100,000.00), to. be paid to. said City ef Clearwater, its successers
er assigns, fer which payment well and truly to. be made, I de bind
myself, my heirs, executers and administraters firmly by these
presents.
SIGNED AND SEALED this 4th day ef December, A. D. 1961.
NOW, THEREFORE, the cenditien ef the above obligatien
is such that upon completienef the Little Pass (Clearwater pass)
Bridge and the approach reads thereto., the undersigned, ED C. WRIGHT,
will censent to, o.r if necessary will apply to., the City o.f Clear-
water fo.r annexatio.n o.f lands o.wned by Ed C. Wright located o.n Sand
Key in Pinellas County, Flo.rida, and will co.o.perate with said City
fo.r the annexatio.n of said lands; pro.vided ho.wever, said City o.f
Clearwater will zo.ne the afo.resaid lands o.f Ed C. Wright "B"
(business) acco.rding to. the present Zo.ning Ordinance o.f the City o.f
Clearwater at the time o.f the enactment o.f the Ordinance fo.r annexa-
tio.n by said City pursuant to. Chapter 171.04, Flo.rida statutes. If
the said ED C. WRIGHT shall well and truly carry o.ut and perfo.rm
the co.nditio.ns o.f this bo.nd as hereinabove set fo.rth then this
o.bligatio.n shall be null and vo.id, o.therwise to. remain in full fo.rce
and effect.
It is the further co.nditio.n that the o.bligatio.n o.f this
bond shall exist fo.r a perio.d o.f two. years fro.m date hereo.f, and at
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the expiration of such time this bond, and each and every obligation
therein, shall cease and terminate and be of no further force or
effect, and the City of Clearwater shall, at the expiration of such
time, or sooner upon compliance with the terms and conditions hereof,
return to Ed C. Wright the collateral hereinafter described.
It is the further condition hereof that in the event of
non-compliance with the terms and conditions aforesaid, said City
shall give Ed C. Wright ninety (90) days written notice by registered
mail of his default under said bond at the following address:
Ed C. Wright
P. O. Box 24
st. Petersburg, Florida
Notwithstanding anything herein to the contrary, at the expiration
of said 90 day period, unless legal proceedings shall have been
commenced by Ed C. Wright, the City of Clearwater shall retain said
securities as its property without any further legal claim by
Ed C. Wright.
This bond is secured by deposit of negotiable instruments
in the amount of $100,000.00 with City of Clearwater, Florida, as
follows, to-wit:
$25,000.00
Tallahassee Electric Revenue Bonds - 3% -
due in 1967, being Nos. 2271-2275 inclusive,
and 2281-2300 inclusive, with April 1, 1962,
and subsequent coupons attached; dated
10 .1.48.
$25,000.00
$50,000.00
Tallahassee Electric Revenue Bonds - 3% -
due in 1968, being Nos. 2551-2575 inclusive,
with April, 1962, and subsequent coupons
attached; dated 10.1.48.
city of Orlando Improvement Bonds - 41/4% -
due in 1975, being Nos. 63-87, inclusive, and
166-190, inclusive, with February, 1962, and
subsequent coupons attached, dated 8.1.56.
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coupons from the above bonds shall either be clipped and
delivered to Ed C. Wright by the city of Clearwater as said coupons
shall hereafter mature, or said Ed C. Wright shall be permitted to
clip said coupons as the same mature and retain the proceeds result-
ing therefrom.
The city of Clearwater shall acknowledge receipt of the
above securities from Ed C. Wright and shall be responsible for the
safe-keeping of said securities so long as this bond shall remain
in effect.
IN WITNESS WIiEREOF, the said ED C. WRIGHT has hereunto
affixed his hand and seal this 4th day of December, A. D. 1961.
Signed, sealed and delivered
in t presence of:
(SEAL)
RECEIPT
The undersigned has this day received from Ed C. Wright
all of the bonds hereinabove set forth as though specifically itemized
herein and the undersigned does further consent to the terms and
conditions of said bond.
~DATED at clearw. ater, Pinellas County, Florida, this
;t~ ~ day of December, A. D. 1961.
CITY OF CLEAR~TER ~
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By ch 'I. T "'l. -/'QI
, . ty Manager
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(SEAL)
AP.P~ FO'" AND
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City Attorne
CORRECTNESS:A
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