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AGREEMENT EAST CLEVELAND STREET FROM MISSOURI AVENUE EAST TO HIGHLAND AVENUE ~ ....... 1- I ~ ~. t MFHORANfHlt-i OF Ar,REEt1~NT THIS AGREEMENT made and entered into this 19.:t::/J day of (p d; !u.~) , 1972, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "Departmentll, and the CITy' OF CLEARWATER, herein- eftf'!f called the "r::t:~,II: ~:l , WIT N E SSE T H :~' ..- WHEREAS, the Department through its TOPICS Program is improving East Cleveland Street fror., Missouri Avenue East. to Highland Avenue in the City of Clearwater, Florida; and WHEREAS, in order to provide an adequate drainage structure it will box culvert be constructed at Cleveland Street and Stevenson1s Creek; and ~HEREAS, the City has agreed to compe~satethe Department for one- . half the construction cost of the box culvert that extends beyond the limits ., of the Department's roadway right of way along Cleveland Street and is ~gree- able tomaintaining that portion"outside of the DepC!rtment's roadway right of ., way; , .. WHEREAS, the total estimated construction cost of the above is $41,310.00, with one-half the construction cost being $20,655.00; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 0.' The Department, in conjunction with and as part of Job Nos. 15040-1703, F~deral Project No. T-4045 (10), SR 60 (Cleveland Street) from Missouri Avenue to Gulf-to-Bay Boulevard, will construct a box culvert at State Road 60 (Cleveland Street) and Stevenson's Cieek which "!:~. :..;..,.-- .' - . "" ...... ..,' , - I . . I ."_1' ( The City hereby agrees ~o indemnify, :d:::fend, save and hold harmless the Department 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 City, its agents or employees, or due to any act or occurrence of omission or commission of the City, = fts agents or employees. It is specifica1.1y understood and agreed that this indemnification clause does not cover or indemnify the Department for its own 'negl i gence or breach of contract. .' IN WITNESS WHEREOF, the parties hereto have caused these ... presence to be executed, the day and year first above written. CITY OF/~~_. BY: CitY.Manager~ . ATTEST: . 0..l/A/:-<<;d;,~ 'Ci Clerk - I. _ '. .....,. - ' . STAT~ I DA 9€)~T~(~~ TRANSPORTATION BY:' /~u/e#V V . .....,. . . Director of Administrat~ ... . ATTEST: f'" I f'l ~ ~JUA- (SEAL) .' ~~ary , " ,. ,~' . (SEAL) . .. . ... - ' ',Appr~"J' as to orm & corr'ectness: .~~~~ , , City Attorney . ~...- /O-f ';}-'')/ >7~ STAlf OFHORICA - CCU'~'YCF LON " I he;cby CErtify th~U~e :abr."e and. fore . . ... . gc:~ne IS i'I t1U~ and COW CI ccpy d , the anima resented to me this .:l t, day of . ,192y---. ..n ''''tC\l''{\C~ ~(::;~:CTOR 0.' R~:~~ -. NotafY Public. Stale of Florida t I ' Mu C - .. . a Large I on1':'USIOIl Expires April 29, 1976 Ioftcll" 11 American F' & . "" Ca'lIlIlry Coj . '