TRANSFER ROADWAYS - COUNTY ROAD 245 AND 255
INST # 97-311283
OCT 27, 1997 5:04PM
PINELLAS COUNTY FLA.
OFF.REC.BK 9885 PG 105
PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY,
SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE
OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE
NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW
INTERGOVERNMENTAL
AGREEMENT
BETWEEN
PINELLAS COUNTY
AND THE
CITY OF CLEARWATER
TO
TRANSFER ROADWAYS
AGREEMENT PREPARED BY
DEPARTMENT OF PUBLIC WORKS - COASTAL MANAGEMENT
Page 1 of3
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PINELLAS COUNTY FLA.
( '.REC.BK 9885 PG 106
SECTION 1
INTENTOFAGREEMEN~,I ,r ~ ~
THIS AGREEMENT, made and entered into as of the ~ day of ~, 1997, by and
between Pinellas County, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and the City
of Clearwater, a municipal corporation of the State of Florida, hereinafter called the "CITY".
WITNESSETH, that;
WHEREAS, the Florida Legislature, under the Functional Classification Act of 1982, delineated and assigned
jurisdictional maintenance responsibilities for all collector and arterial roadways within the State of Florida, and
WHEREAS, the CITY desires to assume full jurisdictional authority and agrees to perform full maintenance
responsibility for certain arterial roadways that have been assigned to the COUNTY, and
WHEREAS, the COUNTY concurs and supports the CITY's desire to assume both authority and responsibility
for these roadway facilities, and
WHEREAS, the COUNTY and the CITY are authorized under Section 335.0415, Florida Statutes, 1995, to
enter into agreements with other governmental entities, to provide for the transfer of maintenance responsibilities of these
public roads; and
NOW THEREFORE, in consideration of the covenants and agreements hereafter contained, it is mutually
agreed by and between the parties' hereto as follows:
SECTION 2
DEFINITION OF ROADWAY
F or the purpose of this Agreement, the roadway is defined to include all normal "transportation" elements contained
within the road right-of-way. Maintenance responsibility includes all parts of the road defined in FS 334.03 (23) which
reads as follows:
"Road" means a way open to travel by the public, including, but not limited to, a street, highway or alley. The
term includes associated sidewalks, the roadbed, the right-aI-way, and all culverts, drains, sluices, ditches, water
storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for
the maintenance of travel and allferries used in connection therewith"
regardless of title to the underlying real estate. It also includes such additional features as guardrail, informational
signing elements, striping and pavement markings.
SECTION 3
COUNTY'S COMMITMENT
The COUNTY agrees to transfer full maintenance responsibilities and relinquish all jurisdictional authority and liability
for certain roadways to the CITY, originally assigned to it under the terms of the Functional Classification Act of 1982.
3.1 The specific County Numbered Roads affected are:
a) All of County Road 245, which is more clearly described as:
- South Gulfview Boulevard from Gulf Boulevard to Gulfview Boulevard; and,
- Gulfview Boulevard from South Gulfview Boulevard to Coronado Drive
b) All of County Road 255, which is more clearly described as:
- Coronado Drive - Gulfview Boulevard to Causeway Boulevard
Page 2 of3
. NELLAS"COUNTY FLA
OFF.REC.BK 9885 PG 107
SECTION 4
CITY'S COMMITMENT
The CITY agrees to incorporate these two aforementioned roadways into the City Street System and to asswne full legal
responsibility, liability and authority over the roadways as defmed above from and after the effective date of this
Intergovernmental Agreement. Both the CITY and the COUNTY agree that the transferred road segments will no longer
be the responsibility of the COUNTY afterthe effective date of this Intergovernmental Agreement, provided however,
the COUNTY, and not the CITY, will remain legally responsible for the claims, if any, of third parties for injuries, death,
or property damage arising out of any incident occuring prior to the effective date of this Intergovernmental Agreement
as may be asserted pursuant to applicable law.
SECTION 5
EFFECTIVE DATE
This Agreement shall take effect on the last date signed by both parties and shall continue in full force and. affect unless
and until rescinded or terminated by an Intergovernmental Agreement executed by the parties hereto.
SECTION 6
TERMINATION OF AGREEMENT
This Agreement contains the entire Agreement between the parties and supersedes all prior Interlocal Agreements for
the affected roadways, written or oral, between the parties pertaining to roadway maintenance. There are no oral
understandings, terms or conditions, and neither party has relied on any representation, expressed or implied, not
contained in this Agreement.
This Agreementmay be modified or amended only by an agreement in writing, signed by both parties to said Agreement.
Nothing in this agreement is intended to create a third party beneficiary in persons not party to this agreement.
SECTION 7
GOVERNING LAW AND DOCUMENT EXECUTION
IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals the day and year first above
written.
By
PINELLAS COUNTY, a political subdivision of the j
State of Florida 1
/./
.,',: ',t:
~.~
Chairman
\
, I ' . -, ~ -~, I ; 1 I
By:
By
Mich&el J. Roberto, City Manager
," ....;,0.
~~G. ~ ~
a E. Goud~au, City Clerk--
ATTEST: . . .
::~=KE:eCLERK~~1 '.
Deputy Clerk, /O(f~?:'~~r-:,,'
....."
APPROVED AS TO FORM:
APPROVED AS TO FORM:
BY:~~ ~
J n C. Carassas, Asst. City Attorney
By: t1Ul- J ~E1-7i;j
County Attorney
Page 3 of3
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No.
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6:35 P.M.
;q
10-21-97
Day
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#14 INTERGOVERNMENTAL AGREEMENT WITH CITY OF CLEARWATER TO
TRANSFER ROADWAYS, TRANSFERRING C.R. 255 (CORONADO DRIVE)
AND C.R. 245 (GULFVIEW BOULEVARD) FROM COUNTY TO CITY
JURISDICTION - APPROVED FOR EXECUTION
County Administrator Fred E. Marquis recommended approval of
an Intergovernmental Agreement with the City of Clearwater to Transfer
Roadways, transferring C.R. 255 (Coronado Drive) and C.R. 245 (Gulfview
Boulevard) from County to City jurisdiction in their entirety.
Commissioner Todd moved, seconded by Commissioner Parks and
carried, that the recommendation of the County Administrator be approved.
x.
TO:
The Honorable Chairman and Members of the
Board of County Commissioners
Fred E. Marquis, County Administr~
Intergovernmental Agreement between Pinellas County and the City of
Clearwater - Transferring Two County-Maintained Roads to the City
Department of Public Works
COMMISSION AGENDA:
/p/e>-I!?1
, ,
#-1'1
FROM:
SUBJECT:
DISTRIBUTION:
DATE:
October 21, 1997
RECOMMENDA TION: I RECOMMEND THAT THE BOARD OF COUNTY
COMMISSIONERS EXECUTE THE INTERGOVERNMENTAL AGREEMENT WITH THE
CITY OF CLEARWATER TRANSFERRING COUNTY ROAD 255 (CORONADO DRIVE) AND
COUNTY ROAD 245 (GULFVIEW BOULEVARD) FROM COUNTY TO CITY JURISDICTION
IN THEIR ENTIRETY.
DISCUSSION: Both of these roadways are completely contained in Clearwater city limits on
Clearwater Beach Island. The City is pursuing this transfer in order to control both current
maintenance activities and future roadway improvements of these roads. Approving this action
would be of mutual benefit for both the City and the County.
11!" .1f:C' ~~v'.. ien CONTRACT REVIEW TRANSMITTAL SLIP {Fl' ~,f?~n~_n
;=1 g;,' ..!.1 t:.;! : tf.QesFESSIONAL SERVICES/INTER AGENCY AGREEMENT. ~'~~"A->f?." i.fi 'V~l ~rm.L.t.
~& i.W
SEP 1 8 1997 Preliminary: SEP 1 8 1997 ...
PiNELLAS COUNTY
PUBLIC wom<s D1RECTG8
Final:
x
DEPT. OF ENGINEERING
Amendment:
SUBJECT:
Inter/ocal Al1reement between Pinel/as County and the City of Clearw~eIiJ:~ BY
certain roadwavs from Count"ti to Citv
SEP 1 9 1997
TELEPHONE: Extension 44588
Pleasereviewthe attached Agreement and forward to the next Review Authority in the sequence indicated
below. Indicate any necessary changes by revising. IN RED. the appropriate sections of the document to
reflect the wording of the desired change. Time is of the essence. Please make your review as complete
and as fast as possible.
Review Review Review Review
Sequence Authoritv Date Siqnature Comments
Public Works Adm. 1jLL of(
#1 Attn: Jerry Herron
Engineering Dept. 1 ott
#2 Attn: Jan Herbst
#3~ E~gineering Dept. fiCO ()l~
Attn: Keith Wicks
Comments
Inc.
;vIA
----rfJ@!UWItu
OCT 0 21997 '-.
COUt4TX ATTORNEY
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AIm: o.rol Ahemathy JJ21.'ID-1 01<r I ~fE~ fEI~~" ,: ~;',~
RETURNra'DEPARTMENTOFPUBUCWORKS I)'" ,"_ " ~j. Fr"',,
<',1- D 9 '1199' 7 '. '/
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. Attn: Tom Murren. Coastal Management ".....'.:..::.'j -;".":'- .
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