LETTER OF UNDERSTANDING - COOPERS BAYOU PARK TO SAFETY HARBOR
~
RECEIVED
NOV 12 2003
Florida Department of TransportatJ~n
PROJECT MANAGEMENT . IClAl RECORDS AND
LEGISLATIVE SRV<l6~OOTRE U
11201 N. McKinley Drive, MS 7.600' Tampa, FL 33612.6456' Phone (813) 975.6076' ].800.226.7220 ~
~, SECRETARY
Date: 020 c2&l3
.JEB BUSH
GOVERNOR
......................................................................-......
LEITER OF TRANSMITTAL
............................................................................
WE ARE FORWARDING TO YOU
_Copy of Letter(s)
_Summary of Pay Items
W.P.A. Update Form
~ The Following Described Items(s)
THESE ARE TRANSMITTEDIRETURNED
_For Approval
For Your Use
_As Requested
For Review & Comment
For Revision
For Signature
~For Your Files
RE ~1#1
FPN: "I~J~-/-3;(-ol
SPN:
Plans
_ C.E.S. Summary
_ Camp. Book (Copy)
_ Typical Section Package
For Circulation
-'yor Your Handling
For Your Info
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File
By : Lvnda Crescentini
www.dot.state.fl.us
@ RECYCLED PAPER
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Florida Dep~Tra~~~;"';:21
PROJECT MANAGEMENT
JEB BUSH
GOVERNOR
11201 N, McKinley Drive. MS 7.600' Tampa, Fl33612.6456' Phone (813) 975-6076' 1-800.226-7220
JOSE ABREU
SECRETARY
June 5, 2003
Mr. Kevin Dunbar
Director of Parks and Recreation
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33758
RE: Letter of Understanding (LOU); City of Clearwater
FPI: 406256-1-32-01 (Coopers Bayou Park to Safety Harbor)
Dear Mr .Dunbar:
The Florida Department of Transportation District Seven (hereby referenced as the Department) is
submitting this Letter of Understanding (LOU) to the City of Clearwater (hereby referenced as the
City) for its concurrence. The purpose of the LOU is to define the responsibilities and commitments
of the Department and the City with respect to the construction of the Multi use Trail from Coopers
Bayou Park to Safety Harbor (hereby referenced as the project). Specifically, the project shall
include the following:
Extension of the Clearwater East-West Trail, which consist of construction of a 10-foot wide
bicycle/pedestrian facility, running along the easternmost portion of the Bayshore Blvd. right-of-way,
with approximate length of 4,100 linear feet.
Responsibilities of the City:
1. The City shall grant the Department, its agents, employees and contractors Right of
Entry on the City's right-of-way for the purposes of construction of the project.
2. In the event the Department encounters hazardous or contaminated materials within
the limits of the project, during any phase of the project, the City shall be responsible
for any expenses associated with and coordination of the hazardous or contaminated
material removal in accordance with state and federal standards.
3. Upon final acceptance of the project by the Department, the City shall assume
maintenance responsibilities for location of this agreement.
www.dot.state.f!.us
@ RECYCLED PAPER
Mr. Kevin Dunbar
Page 2
June 5, 2003
4. The City hereby certifies under this LOU that the right-of-way survey prepared for
the City by a licensed Florida Professional Land Surveyor, or submitted to the
Department for use in the design of this project, is accurate and depicts lands owned
by the City and that said lands are free from any encumbrances known to the City.
5. The established clearance of the title for the right-of-way and Trail location shall be
the responsibility of the City.
6. The removal of all encroachments within the construction limits of the project shall
be the responsibility of the City and shall be completed prior to the plans mailing
date, which is scheduled for September 24,2003.
Responsibilities of the Department:
1. The Department shall perform all phases of the project construction and construction
inspection.
2. The Department is providing design services and plans for the project.
If the terms of this LOU are acceptable, please sign and date both copies. Retain one executed
original for your file and return the other to:
Lynda A. Crescentini, Project Manager
Florida Department of Transportation
11201 N. McKinley Drive MS 7-600
Tampa, Florida 33612-6403
(813) 975-6171
fcrf/C)u
ACCEPTED:
(See attached Signature Page)
Donald J. Skelton, P .E.
District Director of PlanningIProduction
By: Kevin Dunbar
Director of Parks and Recreation
City of Clearwater
DJS/LAC
cc: Kenneth A. Hartmann, P .E.
Donald J. Skelton, P .E.
Lynda A. Crescentini
Date:
~".. , ..
Signature Page for June 5, 2003 Letter of Understanding from FOOT to City of
Clearwater, FPI: 406256-1-32-01 (coopers Bayou Park to Safety Harbor)
Countersigned:
ARWA TER, FLORIDA
;:It:
illiam B. Horne II
City Manager
Approved as to form:
~~
Laura Lipowski
Assistant City Attorney
Attest:
"
DISTRICT SEVEN OFF SYSTEM MAINTENANCE AGREEMENT
This agreement, made and entered into as of the L3... day of ~-m.....e. ~, 2001, by and between the
DEP AR TMENT OF TRANSPORT A nON, a component agency of the State of Florida, hereinafter referred to
as "Department" and City Of Clearwater. a political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter referred to as "City".
This Maintenance Agreement is intended to define the responsibilities and commitments of the
City with respect to the maintenance of Project number 406256-1-52-01. described as
East-West Trail From Coopers Bayou to the Clearwater City Limits. hereinafter referred to as "the Project".
WITNESSETH
WHEREAS, The facility being improved is owned and maintained by the ~,
and;
WHEREAS, pursuant to The Transportation Equity Act for the 21st Century,
Federal Funds will be expended for the project, and;
WHERAS, Federal Regulations require that a formal agreement be entered into between the
Department and the appropriate officials of the county or municipality in which the project is
located, and;
NOW THEREFORE, for and in consideration of mutual benefits to flow each to the other, the
parties covenant and agree that upon final acceptance of the Project by the Department from the
contractor, the City shall be responsible for and shall provide all necessary maintenance on the
project, in accordance with Federal Regulations, for the duration of the project's expected design
life.
1
... . ~- ~
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first written.
~k\cWJ
Department Approval as to
Form and Legality
Countersigned:
~
Laura Lipowski, Assistant City Atty.
Local Government Approval as to
Form ml'lbbegaDqc
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
DISTRICT SEVEN
By:
4,./1 ~ lMt--
A TIES .
Executive Secretary
LOCAL GOVERNMENT AGENCY
CITY OF CLEARWATER, FLORIDA
BY:~;'-"/;'~ 'lr
William B. Horne II
City Manager
ATTEST:
Seal)
thia E~ Goudeau
i y Clerku
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