ROADWAY TRANSFER AGREEMENT (CAUSEWAY BOULEVARD AND MARIANNE STREET ONE-WAY PAIRS OF SR 60 TO CITY JURISDICTION - RES 98-37)
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PINEL1AS CO 8K 10842 PG ~0~1
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FLORIDA DEPARTMENT OF TRANSPORTATION I CITY OF CLEARWATER
ROADWAY TRANSFER AGREEMENT
CAUSEWAY BOULEVARD AND MARIANNE STREET
ONE-WAY PAIRS OF SR 60 TO CITY JURISDICTION
THIS AGREEMENT made and entered into this \'"1 ~ day of'O~c..-e~,,~~998, by and.
between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the DEPARTMENT, and the CITY OF CLEARWATER, hereinafter called the CITY.
WITNESSETH
WHEREAS, the CITY has requested the transfer of SR 60/Causeway Boulevard from Mandalay
Avenue to Bridge Number 43 and SR 60/Marianne Street from Bridge Number 43 to Mandalay Avenue
from the State Highway System, and this transfer is mutually agreed upon between the CITY and the
DEPARTMENT,
NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants
and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below:
This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will
abide, commencing on the date of approval by the Secretary of the Florida Department of Transportation.
(a) The CITY accepts all responsibility for operation and maintenance of the roadway, In addition to
the roadbed, this agreement includes all curbs, culverts, and drainage structures within the right-of-
way at the time of transfer. The CITY shall be responsible for maintenance of public sidewalks, and
other ways in the right-of-way,
(b) All agreements with the State directly affecting SR 60 that are part of the existing development
orders shall become commitments to the CITY and the CITY will be responsible for their
disposition.
(c) The DEPARTMENT gives up all its rights to the road, except as specified in this agreement.
(d) It is agreed that all obligations of the DEPARTMENT under any maintenance, utility, or any other
such agreement, relating to this specific road to be transferred, shall be transferred to the CITY at
the same time and in the same manner as jurisdictional responsibility. The roadway transfer of SR
60/Causeway Boulevard and SR 60/Marianne Street shall be effective upon approval by the
Secretary of the Florida Department of Transportation.
(e) Existing deeds or right-of-way maps will be recorded, by the CITY, in the public land records of
Pinellas County in which the rights-of-way are located. If right-of-way maps do not exist, it is
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(f) No action will be taken to compromise the integrity of Causeway Boulevard and Marianne Street
as part of the SR 60 hurricane evacuation route. The CITY agrees that there will be no lane
reduction or reconstruction that will compromise the current operating Level of Service "D" for
Marianne Street and Causeway Boulevard.
(g) The CITY will not impose a toll on the portion of the roadway that is being transferred from the
State Highway System.
(h) In the event that the CITY does not comply with (f) and/or (g) herein, the roadway will revert back
to the DEPARTMENT.
All words used herein in the singular form shall extend to and include the pluraL All words used iQ the
plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions,
or obligations other than those contained herein, and this Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written, between the parties hereto.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
For communication purposes, the parties may be reached at the following addresses and phone numbers.
Florida Department of Transportation
Mr. Kenneth A. Hartmann, P.E.
District Secretary
District Seven
11201 N. McKinley Drive
Tampa, Florida 33612
Telephone: (813) 975-6039, Sun Com 512-7515
FAX: (813) 975-6443, SunCom 512-7800
City of Clearwater
Mr. Michael J. Roberto
City Manager
Post Office Box 4748
Clearwater, Florida 33758-4748
Telephone: (727) 562-4040
FAX: (727) 562-4052
Each Party is an independent contractor and is not an agent of the other party. Nothing contained in this
Agreement shall be construed to create any fiduciary relationship between the parties, during or after the
perfonnance of this Agreement. Neither party shall have the authority to bind the other party to any
obligation whatsoever to any third party without the express specific written consent of the other.
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No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal dignity herewith.
If any part of this Agreement shall be detennined to be invalid or unenforceable by a court of competent
jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the
remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement
thus invalidated or declared unenforceable is not material to the intended operation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year
first above written.
CITY OF CLEARWATER
STATE OF FLORIDA
DEP ARTMENTOF TRANSPORTATION
BY:_\--
City Manager
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APPROVAL AS TO
FORM AND LEGALITY
APPROVAL AS TO
FORM AND LEGALITY
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City Attorney
ATTEST: Co.;".... ~ ./Jd:I'~
title
I hereby certify that this .is a true and
correct copy of the original as it appears
In .the fIles of the City of Clearwater,
WItness my hand and official seal of
the CIJU a water
This Il:h ayof' O~
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Division of Admil,ish""tivt: 5,:rvkes
D;'~'bion (,If Cllrror,ltiiJnS
Dh';sion of Cultural Aifair.
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MEMBER OFTHE FLORIDA CABI:\ET
Division of Library &. Inform:ltion S'r;i(<~
Division of Hbtorical Res\.'u("(~
Ringling Mu~eum ci Art
Division "i Licen;; c.~
Division of Elect"'n~
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham .
Secretary of State
DIVISION OF HISTORICAL RESOURCES
PINEllA$ COUNTY FlA,
OFF, REC, 8K 10842 PG 2078
October 28, 1997
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Ms. Robin M. Rhinesmith
District Seven
Florida Department of Transportation
11201 N. McKinley Drive, MS 7-500
Tampa, Flo~da 33612-6403
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In Reply Refer To: <
Scott B. Edwards I
Historic Sites SpecialisP
Project File No, 9754792
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RE: Cultural Resource Assessment Review Request
Technical Memorandum - ROW Transfer on SR 60 - Cleanllater Beach West Bridge,
City ofCleanllater, Pine lias County, Florida By Archaeological Consultants, Inc.,
September 1997.
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Dear !vis. Rhinesmith:
In accordance with the procedures contained in Chapter 267.061, Florida Statutes, we have
reviewed the above referenced project for possible impact to archaeological and historical sites or
properties listed, or eligible for listing, in the Nalional Register of HisloricPlaces, or otherwise of
historical or architectural value.
We have reviewed the information in your letter and ACI's Technical Memorandum concur with
the conclusion that the project is unlikely to effect significant cultural resources. Therefore it is
the opinion of this office that the proposed project will have no effect on historic properties listed,
or eligible for listing in the National Register of Historic Places, or otherwise of historical or
architectural value.
If you have any questions concerning our comments, please do not hesitate to contact us. Your
interest in protecting Florida's historic properties is appreciated.
Sincerely,
~~g(..~
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George W. Percy, Director
Division of Historical Resources
and
. State Historic Preservation Officer
G\VPlEse
xc: C, Leroy Irwin, FnOT
DIRECTOR'S OFFICE
R,A. Gray Building . 500 South Bronough Street · Tallahassee, Florida 32399-0250 · (850) 488-1480
FAX: (850) 488-3353 · Wvy>V Address http://www.dos. state.f1.us
CJ ARCHAEOL(x::;ICAL RESEARCH ~HISTORIC PRESERVATION 0 HISTORICAL ~1USEUMS
~. (850H87-2299 ~ FAX: 414-2207 (850)487-2333 . FAX: 922-0496 (850)488-14&.\ . FAX: 921-250J
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RESOLUTION NO. 98-37
WHEREAS, the City authorizes the execution of the transfer
Agreement with the Department of Transportation, and agrees to the
specific transfer requirements of this transfer Agreement, a copy of
which is attached hereto, in accordance with Chapter 335.0415, Florida
statutes, and
WHEREAS, the Department of Transportation has agreed to give
up all its rights to the aforementioned roadways, and
WHEREAS, the Florida Department of Transportation has agreed
to the transfer of SR 60/Causeway Blvd., from Mandalay Ave. to Bridge
No. 43 (Section 15220000, M.P. 0.000 to 0.197) and SR 60/Marianne St.
from Bridge No. 43 to Mandalay Ave. (Section 15220101, M. P.O. 000 to
0.190) from the State Highway System to the City of Clearwater Road
System; now, therefore,
WHEREAS, the City Manager of the City of Clearwater is hereby
authorized to sign the transfer agreement described in this resolution.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves
the Transfer Agreement between the City and the State of Florida,
Department of Transportation, transferring the aforementioned roadways
from the State Highway System to the City of Clearwater Road System.
Section 2. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this
, 1998.
-Commissioner
Approved as to form:
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John Carassas
Assistant City Attorney
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Goudeau'
Resolution No. 98-37