RECIPROCAL AGREEMENT FOR THE MUTUAL WAIVER OF ALL ACCESS PERMIT FEES
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RECIPROCAL AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF CLEARWATER, FLORIDA
FOR THE MUTUAL WAIVER OF ALL ACCESS PERMIT FEES
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This Agreement, entered into this I~ day of
.~ , 19 91 , by and between the State of Florida,
(hereinafter hefe.rcfced to as the "DEPARTMENT") and the City of
Clearwater, or,l ~ political subdivision of the State of
Elorida/municipal corporation (hereinafter referred to as the
CITY ) .
WIT N E SSE T H:
WHEREAS, Rule 14-96.006(1), Florida Administrative Code,
provides for a fee structure f.or State Highway System Connection
Permits; and
WHEREAS, said paragraph provides in part, "governmental
entities applying for an access permit for governmental facilities
are eligible for a waiver from the fee in such instances where the
governmental entity has a reciprocal agreement to waive permit fees
with the DEPARTMENT"; and
WHEREAS, this reciprocal agreement promotes a more
effective and efficient use of state and local resources; and
WHEREAS, the CITY by Resolution dated
March 7, 1991 , a copy of which is attached hereto and made a part
hereof, has authorized the Ci ty Manager of the
CITY to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits
to be derived from each party1s participatlon in this Agreement,
the parties agree as follows:
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1.. The CITY shall waive all applicable access
permit fees for the DEPARTMENT'S projects within its jurisdiction
including, but not limited to maintenance projects, reconstruction
projects and construction projects. Such waiver shall be true in
all instances where the DEPARTMENT applies for a permit from the
CITY including those times when application is made
by the DEPARTMENT'S consultant or contractor.
*the CITY or its consultant or contractor
2. The DEPARTMENT agrees to waive a~ applicable access
permit fees for work to be performed by * . -....... on State
Road right-of-way. Such waiver shall not be applicable to any
conunercial activity. For the purpose of this Agreement,
"conunercial activity" is defined as those activities wherein an
entity is engaged in business for profit rather than the exercise
of those governmental powers traditionally exercised by government.
3. Either par.ty may terminate this Agreement without
cause upon sixty (60) days written notice. Such notice shall be by
certified mail, return receipt requested. The party having
received notice of termination may at its discretion terminate the
Agreement immediately by providing written notice by certified
mail, return receipt requested.
4. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or
understanding applicable to the matters contained herein and the
parties agree that there are no commitments, agreements or
understanding concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, it is agreed that
no deviation form the terms hereof shall be predicated upon any
prior representation or agreements whether oral or written.
It is further agreed that 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.
5. This Agreement shall be governed by and construed In
accordance with the laws of the State of Florida.
6. If any of this Agreement shall be determined 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 the Agreement thus
invalidated or declared unenforceable is not material to the
intended operation of this Agreement.
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. IN WITNESS WHEREOF, the :r:.:arties hereto have accepted,
made and executed this Agreement upon the terms and conditions
above stated as of the date first above written.
BY:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY' c....:>.,,~.<..,-y-,~,
District Secretary
TITLE: City Manager
ATTEST:
ATTEs'r~~, .~"'~, Q~;__ (SEAL)
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L ~ffit~f1
Executive Secretary
TITLE: City -Cl~~k,
APPROVED AS TO FORM AND
LEGALITY
BY:
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FDOT
Approved as to form
and correctness:
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RESOLUTION NO. 91-6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AUTHOR I ZI NG THE EXECUTION OF A
RECIPROCAL AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, PROVIDING EOR THE MUTUAL
WAIVER OF ALL ACCESS PERMIT FEES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State of Florida, Department of Transportation (herein the
"DOT"l, has established access permit fees for state highway system connection
permits, but has provided that governmental entities are eligible for waivers
from such fees upon execution of reciprocal agreements providing for the mutual
waiver of all access permit fees; and
WHEREAS, such an agreement has been prepared between the DOT and the City
of Cl~arwater, and the City Commission has determined that the approval of the
agreement is proper and in the public interestj' now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Sect i on 1. The rec i proca 1 agreement between the DOT and the City of
Clearwater for the mutual waiver of all access permit fees, a copy of ~hich is
filed with the original of this resolution in the Office of the City Clerk, is
hereby approved, and the City Manager and City Clerk are authorized to execute
the agreement upon the adoption of this resolution.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this ~ day of March, 1991.
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Mayor-Commissioner
Attest:
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