AGREEMENT RE ADJACENT CONSTRUCTION OF TURNAROUND RELEASE CONTAINING THE ENTIRE AGREEMENT
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AGREEMENT
This Agreement is between the City of Clearwater (the "City") and MeriStar Hospitality Operating
Partnership ("MeriStar") concerning the property known as the Hilton Clearwater Beach Hotel located at
400 Mandalay Avenue, Clearwater Beach, Florida 33767 (the "Hotel")
WHEREAS, MeriStar is the owner and holder of equitable title in the Hotel property, as described
in Official Records Book 9996, Page 1030, public records of Pine lias County, Florida; and
WHEREAS, the City is performing construction adjacent to the Hotel, known as the Gateway to
Clearwater Beach construction project number 98-0170-CM (the "Construction");
WHERAS, the Construction has and will affect the manner of entry into the Hotel property and
has and will cause the Hotel to incur expenses that it would not normally incur;
THEREFORE, the parties agree as follows:
1. The City agrees to reimburse MeriStar, not to exceed the amounts listed, below within thirty (30)
days of MeriStar's submission to the City of an itemized invoice by MeriStar:
.:. Demo of existing at curb areas: $1,440.00
.:. Fire Hydrant relocation: $1,800.00
.:. Ribbon curb addition: $3,986.00
.:. Asphalt repairs and additions: $1,890.00
.:. Seal repair and re-stripe: $1,504.80
.:. Irrigation rework: $1,020.00
.:. Rework landscaping: $3,000.00
.:. Architectural fees and expenses: $2,500.00
.:. New Hilton Sign installed at new entrance: $8,933.54
.:. Entry lighting $8,476.00
2. The parties agree that MeriStar shall perform all work required on the Hotel property, as listed
above in Section 1 hereto.
3. In consideration for the City's reimbursements in Section 1 hereto, MeriStar agrees to sign the
Release attached hereto as Exhibit A.
4. To the extent that the City requests that MeriStar perform any additional work not described
herein, or if MeriStar must perform additional work as a result of the City's Construction, the
parties shall mutually agree to any additional reimbursements to MeriStar of costs incurred.
5. This agreement and its Exhibit constitutes the entire agreement between the parties.
CITJY ~F CLEA=
BY: ~
Na : Michael J. Roberto
MERISTAR HOSPITALITY OPERATING
PARTNERSHIP, LP
:;'~~CORPORA~ON
Name: Christopher Bennett
Vice President, Legal
Title: . City Manager
Attnst:
1/
~Cynthia E.
/) City Clerk
Dated:
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RELEASE
FOR AND IN CONSIDERA nON of the payment of good and valuable consideration,
the receipt of which is hereby acknowledged, the undersigned does hereby release, acquit and
forever discharge the CITY OF CLEAR WATER FLORIDA, a municipal corporation, its
servants, agents, employees, heirs, successors and assigns from any and all actions, claims,
demands, damages, costs arising from and to the extent attributable to the gross negligence or
intentional misconduct of the undersigned in connection with the construction, reconstruction or
alignment of Pier 60 Drive and Beach Entryway Roundabout Project, including all streets, road,
sidewalks, right of ways, driveways, parking, access easements, deed restrictions, rights of
reverter, or other matters relating thereto.
Further, the undersigned agrees to indemnify and hold the City harmless from any claim,
severance damages, and all other damages, including but no limited to, expert fees, attorney fees
and costs resulting from the above described claims.
The above release is not intended to apply to the costs, expenses and compensation due
by the City 027arwater to the undersigned pursuant to the Agreement executed by the parties
on December , 1999.
The undersigned hereby declares and represents that it has not been influenced to any
extent whatever in making this Release by any representations or statements by the released
parties.
It is understood that this Release constitutes the compromise of a doubtful and disputed
claim and that payment is not be construed as an admission of liability on the party of said
release, by whom liability is expressly denied.
This Release contains the entire agreement between the parties hereto and the terms of
this Release are contractual and not mere recital.
The undersigned further states that it has carefully read the foregoing Release and all the
contents thereof and it has signed the same as its own free act.
WITNESS our hand and seal this?o day of November, 1999.
MERISTAR HOSPITALITY OPERATING
PARTNERSHIP, LP
::: LQQ~ORATION
Christopher Bennett
Vice President, Legal