CITY UTILITY AGREEMENT - CONSTRUCT OR RECONSTRUCT A MUNICIPAL CONNECTING LINK STATE ROAD 55 (DREW ST FROM GLENWOOD AVE)
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SIID NO. "
SECTIONUlJ'l111
STATE ROAD ..
COUNTY OF PlIIUIfA
CITY UTILITY AGREEMENT
THIS AGREEMENT I Made and entered into this
day of
A. D. 195
I by and between the STATE ROAD DEPARl'MENT OF FLORIDA, hereinafter
referred to as the DEPARTMENT, and the CITY OF
CII]Mf_
a municipal corporation, hereinafter referred to as the CITY.
_W _I.,J.Jl_E_S _S .]:_T_Hl.
THATI WHEREAS, the Department proposes to construct or reconstruct
a municipal connecting link State Road within said City." which Road is known
and described as follows: _.klJIa.... r
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WHEREAS, in order to facilitate such work it is necessary that
provisions be made for adjustment, change or relocation of certain facilities
and/or utilities within said City and located within the right of way of
said 'municipal connecting link State Road or appurtenances thereto, viz:
Any and all water mains, fire hydrants, sanitary sewers,
gas mains, fire and police call systems, telephone, electri-
cal and telegraph systems I including poles, pole lines and
underground facilities thereof, and any other utilities and
facilities within such right of way.
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NOW, THEREFORE, the premises considered and in consideration of the
sum of One ($1.00) Dollar moving between the parties and in further consid-
eration of the mutual covenants hereinafter contained, it is agreed by the
parties as follows:
-1-
That the Department will provide at its expense for the construc-
tion, recdnstruction, change or replacement of all drainage structures
necessary to properly drain said municipal connecting link State Road within
th~ said City, 9.ut not otherwise.
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That in consideration of the Department's undertaking the construc-
tion or reconstruction of said municipal connecting link State Road which will
be of benefit to the City and the citizens thereof as a City thoroughfare,
the City agrees to make or cause to be made all necessary adjustments, re-
locations or changes of said facilities or utilities thereon, municipal or
otherwise, in order to comply with the plans, designs and specifications of
the Department for the construction or reconstruction of said municipal
connecting link State Road, without cost or expense to the Department. The
City further agrees that said adjustments, changes or relocations of said
facilities or utilities will be performed by the City or at its direction
with sufficient promptness so as to cause no delay to the Department or its
contractor on such construction or reconstruction work on said municipal
connecting link State Road. The City further agrees: That in the event
this work is done simultaneously with the construction of the project the
City agrees to reinburse the contractor directly for any 'just claim due to
delays caused by the City's operations, or hinderance to the contractor's
efficient prosecution of his work.
The City further agrees to make and enter into a written agreement
with the Department's Buccessful bidder and file an executed copy with the
Department to provide as follows:
1. Covering procedure for coordinating the work.
2. Minimization of delays.
3. Method of arriving at compensation to contractor
for delays occasioned by City's operations.
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4. The City's agreement to pay compensation so determined.
5. An arbitration clause naming the State Highway Engineer
the arbiter and agreeing to abide by his decision.
The City further agrees that it will maintain and keep in repair
or cause to be maintained and kept in repair all of such adjusted, changed
or l~located facilities or utilities within the right of way of the said StatE
Road, to comply with all provisions of law and of the Department's manual
with amendments and specifications for traffic control routing and parking
and to conform with the regulations of the Department pertaining thereto.
It is mutually agreed that any attached map or sketch ShOWing any
such facilities or utilities to be adjusted7 changed or relocated is made a
part hereof by reference.
IN WITNESS WEEREOF, the parties hereto have caused this instrument
to be duly executed the day and year first above written.
Signed, sealed and delivered
in the presence of:
~::r~
As to the Deparciment
STATE ROAD DEPARl'MENT OF, FLORIDA
By:~a ;r ~~~
~' ITS GHAIJM\:ffo ,UECU!tV:; D,REdO,(
ATTEST: ~~ .
ITS ACTING SECRETARY'
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As to the City
BY:
A~ST
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APPRCVK: AS TO FOHM, LECALITY AND
t~XEC{ 'fII iN
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, SaD No. )5 f)
SectionlSOS-lll
Stat. Road 590
County of Pinell..
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WHERlAS, the State Road Department of nor1da baa located and
propo... to conatruct or reconstruct a part ot State load 590 between
QlemfOC)d A..Due and Mercury Avenue in the City of Clearwater, Florida,
andf
WHDlAS, 1n ord.r tor the State Road Depart_tit to 1\trther and
complete 881d proj.ct, it i. n.c....ry that certa1n utllltl.. and/or
fae1l1tle. withln the R1aht of Way limitsotaaid State Road 590, be
adjusted, ohanced or relocated J anct
lIHlUAl, the State lea. Department baylng reque.ted. the Oity
of Clearwat.r, ftorida, to execute and deliver to the State Road
Department a Utiliti.. Acre_.nt, .~einc to make or caus. to be
made auchadjust.el'1t., chanc.. or relocations of aaid utili tie. and/
Or facl1itie. a. .et out in aaU Ap-eement, and said reque.t having
been duly conaidered.
NOW, THIRDOU, . IT RI80LVlD by the City Commiasion of'
the Clty or Clearwa'ter, norlda. in a.s.lon duly and. regularly
. ...mbled .s rollowa I
That the City Mauger and City Clerk of said City be'and
they aN hereby authori... and directed to make, execute and deliver
to the State Road Depart..nt a Utilitie. Agreement for the adju.t~
ment, change or relocation of .ertain utilitie. within the RiCht
of Way limits ot Hid. hate Road 590, Section 1505. Pinellaa
County, Florida.
BE IT FURTHER U80LVlD t.hat a certified copy or thl. aeaolu...
t.ion be forwarded to the State Road Department at Tallaha...., norida.
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PASSED AND ADOPTID THIS 18th DAY OF JULY, A. D. 1955.
sl Herbert M. Brown
IQmr~
ATTEST:
sl R. G. Whitehead
"elf! XtmMa AJ1D c'LERIC
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