91-06
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8ESOLUTION NO. 91-6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A
RECIPROCAL AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, PROVIDING FOR THE MUTUAL
WAIVER OF ALL ACCESS PERMIT FEES: PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State ~f Florida, Department of Transportation (herein the
IIDOTII), has established access permit fees for state highway system connection
pernlits, 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 Cleal~ater, and the City Commission has determined that the approval of the
agreement is proper and in the public interest; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The reciprocal agreement between the DOT and the City of
Clearwater for.the mutual waiver of all access permit fees, a copy of which 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 7th day of March, 1991.
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Mayor-Commissioner
Attest:
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RECIPROCAL AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPAR'I'MENT OF TRANSPORTATION
AND
THE CITY OF CLEARWATER, FLORIDA
FOR THE MUTUAL WAIVER OF ALL ACCESS PERMIT FEES
This Agreement, entered into this day of
" 19 91 , by and between the State of F1c't'ida,
(hereinafter l1ef?fcfced to as the "DEPARTMENT") and the City oi
Clearwater, o~ aa 'political subdivision of the State of
Florida/municipal corporation (hereinafter referred to as the
CITY ).
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WIT N E SSE T H:
WHEREAS, Rule 14-96.005(1), Florida Administrative Code,
provides for a f~e structure f~r.State Highway System Connection
Permits; and
WHEREAS, said paragraph provides in part, "goverrunental
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 Aqreement...
NOW, THEREFORE, in consideration of the mutual benefits
'to be derived from.each party's participation in this Agreement,
the .parties agree as follows:
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L. 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 construc~ion 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.
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*the CITY or its consultant or contractor
2. The DEPARTMENT agrees to waive ~l applicable access
permit fees for work to be performed by * . -.... on state
Road right-of-way. such waiver shall not be applicable to any
commercial 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 goverfl:'11ental powers tradi t~onally exercised by government.
3. Either p~ty may terminate this Agreement without
cause upon sixty (GO) 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.
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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 remilin in
fu~l 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 ko'arties hereto have accepted,
made and executed this Agreement upon the terms and conditions
above stated as of the date first above written. .
AGENCY' :
.' STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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BY': . -.....
M1cnae~ u. wrign~
BY:
District Secretary
TITLE: City Manager
ATTEST:
ATTEST: ( SEAL)
Cynth~? E. ggudeau
(SEAL)
Executive Secretary
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TITLE: City clerk
APPROVED AS TO FORM AND
LEGALITY
BY':
Attorney
FDOT
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