JOINT PROJECT AGREEMENT RE RESOLUTION 85-101
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BOB GRAHAM
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Department of'Transportation
Post Office Box ...1249
Bartow, Florida 33830
, Florida
THOMAS E. DRAWDY
SECRETARY
April 23, 1986
Copies to:
Commission
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Date APR 2 8 198~~<; APR 2 8 1986
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City Attorney C TV MANAGER
City Clerk
Ms. Kathleen F. Kelly, Mayor
CITY OF CLEARWATER
Post Office Box 4748
Clearwater, Florida 33518
Re: WPI # 1126512
State Project: 15645-2602
Highland-Patricia at Union
Street.
Dear Mayor Kelly:
Enclosed is an executed agreement} for your records) between
the City of Clearwater and the Department of Transportation
for the referenced project.
I would like to take the opportunity to thank you and your
staff for your cooperation during this process. If we can
be of assistance in the future, please call or write anytime.
Sincerely,
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J. C. Jones
Production Management Engineer
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Attachment
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RES 0 L UTI 0 N
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No. 85 - 101
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF A REVISED JOINT
PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY;
RESCINDING RESOLUTION 85-62 ON THE SAME SUBJECT.
WHEREAS, the City Commission of Clearwater has determined
that the public interest would be served if the City paid a portion
of the right-of-way costs for certain intersection improvements
at the intersection of Highland-Patricia Avenue and Union Street;
and
WHEREAS, a revised Agreement between the City and the State
of Florida Department of Transportation relating to participation
by the City in the costs of intersection improvements, State
Project 15645-2602, Work Project Item Number 1126512, has been
prepared and found to be appropriate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DULY AND REGULARLY ASSEMBLED, AS
FOLLOWS:
1. That the Mayor and City Clerk are authorized to execute
a revised Joint Project Agreement with the State of Florida
Department of Transportation concerning the right-of-way acquisition
for the intersection improvement, State Project 15645-2602, Work
Item Number 1126512, a copy of which Agreement is attached hereto
as. IIExhibit All and mnde a pRrt hereof by reference.
2. That Resolution 85-62, adopted on July 18, 1985, is
hereby rescinded.
3. That this Resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 19th
day of December, 1985.
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COUNTY:
WPI NO.:
SECTION:
ROAD:
PINELLAS
1126512
15645-2602
Highland-Patricia at
Union Street
WIT N E SSE T H
WHEREAS, the CITY has expressed a desire to provide for Right of Way
expenditures associated with the intersection improvement at Highland-Patricia at
Union Street, State Job Number 15645-2602, Work Program Item Number 1126512.
WHEREAS, the City Commissioners has by proper resolution, attached hereto
and by this reference made a part hereof, authorized its officers to enter into
this agreement.
NOW THEREFORE, for and in consideration of the mutual covenants herein set
forth, the parties hereto agree as follows:
I. The DEPARTMENT agrees it shall -
A. Schedule the Project for completion at the earliest practical
date.
B. Maintain accurate records reflecting the actual costs of the Related
Construction Cost of said project and these records shall be
maintained by the DEPARTMENT at its Tallahassee office and made
available to the CITY for inspection and/or copying during the
regular business hours of the DEPARTMENT upon five (5) days written
notice.
C. Indemnify, defend, save and hold harmless the CITY from all claims,
demands, liabilities and suits of any nature whatsoever arising out
of, because of, or due to the breach of this agreement by the
DEPARTMENT, its agen~s, or employees or due to any act of occurrence
or omission or commission of the DEPARTMENT, its agents, or
employees. It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the CITY for its
own negligence or breach of contract.
II. The CITY agrees that it shall -
A. Furnish to the DEPARTMENT a check in the amount of $15,000.00 within
10 days after the complete executed agreement has been returned to
the CITY as a deposit against the estimated cost of Right of Way
Acquisition.
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c. All invoices presented for payment by the DEPARTMENT but not paid
within ninety (90) days will bear interest at the rate of 12% per
annum from the date of presentation. In the event it becomes
necessary for the DEPARTMENT to institute suit for the enforcement of
the provisions of the agreement, the CITY shall pay the DEPARTMENT a
reasonable attorney's fee. Also, in the event of litigation, the
parties agree that the Laws of the State of Florida v/ill apply.
IN WITNESS WHEREOF, the parties hereunto caused these presents to be
signed by their duly authorized officers, the day and year first above written.
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
BY:
BY: ~~-
~Director of Admlnistration
ATTEST:~~ )i..J2~.
ity Clerk
ATTEST.
APPROVED AS TO FORM
APPROVED AS TO FORM
BY: ~~
Citl Attorne
BY:
(?/3
Florida Department of
Transportation Attorney
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D.O.T. FISCAL APFRQVEQ