RIGHT OF ENTRY AGREEMENTRIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement ("Right of Entry") is made and entered
into this I/&- day of 2009 by and between the City of
Clearwater ("City"), a m icipal corporation of the State of Florida, and the
Florida Department of Transportation ("FDOT") individually ("Party") or
collectively ("Parties").
WHEREAS, City is the owner in fee of certain real property ("Property"),
including upland and submerged lands in the area of, or upon which, the FDOT-
owned Memorial Causeway Bridge ("Bridge") has been constructed in the City
of Clearwater; and
WHEREAS, the City is currently constructing approximately 126 public boat
slips ("Project") in the vicinity of the eastern terminus of the Bridge; and
WHEREAS, the FDOT and the City wish to enter into this Right of Entry
Agreement to formalize the terms and conditions under which the FDOT may
enter upon, access and utilize the City-owned Property for purposes of
maintaining the Bridge and otherwise carrying out all other things necessary
and proper or incidental to activities and responsibilities for maintenance of the
Bridge, including emergency access.
NOW, THEREFORE, the City and FDOT do hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are
incorporated in and form a part of this Agreement.
2. Effective Date and Term. The effective date of this Agreement shall be
the 11th day of August 2009. The Term of this Agreement shall continue until
such time as the Parties agree to terminate in writing, unless earlier terminated in
accordance with the provisions of this Agreement.
3. Right of Entry Property. The FDOT owns and maintains the Bridge,
which has been constructed upon or in the area of certain upland and submerged
lands owned by the City. FDOT Right of Entry for the purposes provided herein shall
be upon the lands more particularly described in Exhibit "A", attached hereto and
incorporated herein.
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4. The Proiect. The City is constructing approximately 126 dedicated boat
slips and side-tie moorings ("Project") in the vicinity of the eastern terminus of the
Bridge as depicted in Exhibit "B" attached hereto and incorporated herein.
5. City Responsibilities. The City shall construct and maintain all Project
structures with a minimum setback of thirty-feet (30') from the corners of the
substructure footing, depicted in Exhibit "B" as rectangles representing bridge
supports along the centerline of the bridge, each surrounded by four spheres, the
radius of which measures thirty-feet (30') from each corner of the bridge supports.
Additionally, the City understands and agrees that Project components extending
within thirty feet (30') from the drip edge of the bridge may need to be removed
timely to perform work on the Bridge. "Orip Edge" is defined as: The outermost
direct projection to the ground of the superstructure of the bridge, see Exhibit "B".
FOOT acknowledges that at the inception of this Agreement, the Project has not yet
been constructed. The completed Project may vary in some respects from the
depiction in Exhibit "B", but in no instance shall the completed Project structures fail
to meet the above referenced setbacks.
While the Parties acknowledge that boats moored within the Project may contain
limited amounts of flammable materials (such as gasoline) typical to boats moored in
slips the size of those provided for in Exhibit "B", the City will not permit flammable or
corrosive materials within damage distance of the bridge, and the City will ensure
that no electrical currents stray in the vicinity of the bridge and no boats or Project
components that could cause damage become loose.
6. FOOT Inspection. Maintenance and Repair.
Routine Activities. The City grants to FOOT and its agents,
employees and contractors the right to access and utilize the
Property to inspect, operate, maintain and repair the Bridge as
provided for herein. FOOT shall coordinate such activities by
providing the City with written notice (fax acceptable) at least two (2)
weeks prior to accessing the Property for any such activities. FOOT
shall request that the City removes boats from the noted setbacks and
the City shall ensure such requests are resolved timely.
Non-Routine Activities. FOOT will provide the City with a two (2)
week notice for non-routine activities that are planned and scheduled
well ahead of implementation. However, the City understands and
agrees that FOOT may need access to perform urgent or emergency
inspection, maintenance or repair activities that may be related to
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public safety, structural deterioration, marine or vehicular impacts and
storm events. Under such instances, FOOT will provide notice as is
reasonable under the circumstances, and the City grants to FOOT and
its agents, employees and contractors the right to access and utilize
the Property to maintain the safety of the public or restore the
structural integrity of the bridge. In such instances, FOOT and the
City shall work jointly to determine which Project components must be
removed or relocated to allow for the timely and cost effective
completion of the work. FOOT shall coordinate and effectively
communicate with the City throughout the resolution of the emergency
and both Parties shall facilitate coordination and communication
efforts.
7. Termination. This Right of Entry Agreement shall terminate upon
occurrence of anyone, or more, of the following, whichever shall occur first:
a. For Municipal Purpose in the event the Clearwater City Council
determines at a duly constituted public hearing that the Property
is required for any other municipal purpose and has provided
one hundred eighty (180) days advance notice, in writing, of
such intended use. Following such notice, this Agreement shall
terminate in every respect, and both Parties shall be relieved of
any further obligations hereunder; or
b. FOOT abandonment of the Right of Entry; or
c. Material default by FOOT in the performance of any of the terms,
covenants or conditions of the Right of Entry, and in the failure
to remedy, or undertake to remedy, to City's reasonable
satisfaction such default for a period of thirty (30) days after
receipt of notice from City to remedy same.
8. Assianment. This Agreement is not assignable. Any attempt to
assign this Agreement shall render this Agreement immediately null and void in
its entirety.
9. Liens. This Right of Entry Agreement is subordinate to all prior
rights and obligations of City in the Property, except that City shall grant no
rights inconsistent with the reasonable exercise by FOOT of its rights under this
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Right of Entry Agreement. FOOT shall not permit to be placed against the
Property, or any part thereof, any liens or other encumbrances with regard to
FOOT's actions upon the Property.
10. Indemnification. Each party shall be responsible for its own acts
or omissions. This provision shall not be construed to create any rights in third
parties, waive or alter either party's sovereign immunity or the limits, rights or
requirements of Section 768.28 Florida Statutes.
11. Liability. If FOOT in the course of exercising its rights hereunder
damages any facilities of City located on the Property, FOOT will promptly notify
the City of such damage and promptly repair said facilities to the City's
reasonable satisfaction. In the case of third party related damages, FOOT and
the City will pursue recovery (repairs and costs) separately or jointly at their
independent discretion. In the case of routine and non-routine work activities,
the City will reimburse FOOT for additional costs incurred with work activities,
damage recovery or delays directly resulting from the City's inability or failure to
meet the responsibilities identified in Sections 5 or 6 of this Agreement.
12. Compliance with Law. FOOT shall, in all activities undertaken
pursuant to this Right of Entry Agreement, comply and cause its contractors,
agents and employees to comply with all federal and state laws, statutes,
orders, rules and regulations. Without limiting the generality of the foregoing,
FOOT, at its sole cost and expense, shall obtain any and all permits which may
be required for any activities FOOT desires to conduct or have conducted
pursuant to this Right of Entry Agreement.
13. Riaht to Inspect. The City and its representatives, employees,
agents or independent contractors may enter and inspect the Property or any
portion thereof or any improvements thereon at any time and from time to time
to verify FOOT's compliance with the terms of this Right of Entry Agreement.
14. No Interest in Land. This Right of Entry is not coupled with an
interest in land. It is expressly understood that this Right of Entry Agreement
does not in any way whatsoever grant or convey any permanent easement,
lease, fee or other real property interest in the Property to FOOT. This Right of
Entry Agreement is not exclusive and City specifically reserves the right to grant
other rights of entry in regard to the Property as long as the same do not
interfere with the rights granted to FOOT herein.
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15. Notice. Any notice required or permitted to be given by the
provIsions of this Agreement shall be conclusively deemed to have been
received by a party hereto on the date it is hand-delivered to such party at the
address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage
prepaid), on the fifth (5th) business day after the day on which such notice is
mailed and properly addressed.
If to City, addressed to Engineering Director, Michael Quillen, City of
Clearwater, P.O. Box 4748, Clearwater, FL 33758. With copy to: City
Attorney, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758.
If to FOOT, addressed to Donald J. Skelton, P.E., District VII Secretary,
Florida Department of Transportation, 11201 North McKinley Drive,
Tampa, FL 33612.
[Remainder of this page intentionally left blank]
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IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry
Agreement on the date first written above.
City of Clearwater, Florida
By:
t)~ ~.~-:rr-
William B. Horne II
City Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
ATTEST:
FDOT:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
!JJ~ ~Mh
Donald J. Skelt ,P.E.
District VII Secretary
Approved as to Form
~~~
Laura Mahony
Assistant City Attorney
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EXHIBIT A
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0' 150 300
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SCALE: 1" = 150
GRAPHIC SCALE (IN FEET)
(THIS IS NOT A SURVEY)
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............
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Notes:
The purpose of this record document is to
delineate a 1200 foot bridge maintenance
right of entry over the submerged lands,
lying between the existing east and west
bridge abutments of the current Memorial
Causeway Bridge (S.R. 60), as formerly
granted to the City of Clearwater in the
1925 Land Grant.
UPLAND AREA
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1925 LAND GRANT CENTERUNE
UPLAND AREA -
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............
EXIBIT A
BRIDGE MAINTENANCE RIGHT OF ENTRY
SUBMERGED LAND
N/A CHECKED BY CONTRACT NO.
TLM N/A
DRAWN BY: ACAD INFO .JOB NO.
BJR N/A N/A
SCALE DAlE DRAWN SHEET NO.
1-==150' 7/22/09 1 OF 2
API'RO'.m FOR
CClNS1RUC1lON
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
100 S. Myrtle Ave. Clearwater, FI 33756
CITY ENGINEER lICHAEl.. D. QUIUEN. P.Eo , 33721 DA 1E
'-....
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1321055.49
396610.76
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0' 50 100
EHH3 I I
SCALE: 1" = 50
GRAPHIC SCALE (IN FEET)
(THIS IS NOT A SURVEY)
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MEAN HIGH
WA TER LINE
MELANIE CORllS
TRUST
MAINTENANCE RIGHT OF ENTRY
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DENOTES
MAINTENANCE
RIGHT OF ENTRY
ENO MAINTENANCE RIGHT OF ENTRY
ORA" BY
BJR
CHECKfD BY
TLM
CITY OF CLEARWATER, FLORIDA
ENGINEERING DEPARTMENT
100 S. Myrtle Ave.
Clearwater, Fl 33756
DESIGNED BY
N/A
APPROVED BY:
SOUlH R/W UNE CLE\lELAND ST.
1321065.08
396867.63
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EXHIBIT A
Curve Table
Curve # Length Radius Delta Chord Chord Bearing
C2 497.41 994.09 028'40'07" 492.24 N29' 39' 04"W
C3 226.85 260.49 049'53'4;3" 219.75 557' 24' 27"E
C1 213.93 74.65 164'11'23" 147.88 N21' 01' 24"E
C4 457.19 1064.89 024'35'55" 453.68 527' 36' 57"E
Notes:
Reference: State of Florida, Department of
Transportation Contract Plans, Financial
Project 1.0. 257093-1-52-01, State
Project No. 15220-3599, Pinellas County
(15220), State Road No. 60 (Memorial
Causeway) Bridge Replacement. Horizontal
coordinates derived from said contract
plans.
The purpose of this record document is to
delineate a bridge maintenance right of
entry being granted to Florida Department
of Transportation by the City of Clearwater
as shown on map,
MAINTENANCE RIGHT OF ENTRY
PT
1320646.41
396922.56
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1320525.81 R/W UNE
396944.78 r (CITY OF
--L Q.EARWATER)
1320505.93
396955.30
14
1320458.36
396900.66
1320459.07
396903.26
56.30 LT
1320484.04
\ 396953.03
\\\~RUE
\ CITY OF
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1320336.58
[396936,81
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EXHIBIT A
MAINTENANCE RIGHT OF ENTRY
MEMORIAL CAUSEWAY
DAlE
07/22/09
DWIl. NO.
N A
SHEET
2 OF 2
CITY ENGINEER MICHAEL D. QUILLEN, P.E. I 33721
DATE
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r- SOUTI-lERN UtotlT OF 1925 lAND GRANT
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/"CENTERLlNE INTRACOASTAl WATERWAY PER CHANNEL LIGHTS
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494' O~
- . ~FL06.1 WAVE ATTEiihOR
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NO.
DESCRIPTION
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5'
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o ORIGINAL SUBMIITAL
DATE BY
9/26/08 CL
~~~E~~ ~tl~NA4iA YOUT PER SHOREMASTER O/JO/Oll CL
REVISED FOLLOWING DEP COMMENTS 12/16/08 CL
3 ADDED TRANSIENT SUPS AND SECTIONS 3/02/09 CL
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EL TED fJ,
WAY
I SEAWAlL
(EXISTING)
:,:..::.:':
.:::':: ::
:,::' ,::':' .::'.: ;',::' : ::::::: ::::::.
" ":::::::'::/:',/,:, ~~~DI A- ~~
, SEAWALL I ./' ~ X / !j
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bq 80A T ACCESS EAST Of DOCK 0
TO BE PREVENTED BY THE USE
OF 'NO ACCESS' SIGNAGE
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CONSULTANT:
ENGINEER OF RECORD:
lIa/crow
HaIcruw Inc.
4010 Boy Scout Boulevard, SuIle 580
Tempa, Fl 33607 (813) 878-8800
CERTIFICATE OF AUTHORIZATION: 2&l8O
__ SANITARY rUMP OUT _
LOCATION ~ r--....
:/ ~-~-~1-=-~1 ~~
/' ;301 FOR FOOT
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PftJMENADE
(CURREN1Y UNDER
CON TRUCTION----
BY SEPARA PERMIT)
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30' JOR FOOT
(/
Dridge
Drip Edge
M. Todd Stockberger. P.E.
Registration No. 55837
.2009
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_ _ _ _ _ _ L.CENTERLlNE INTRACOASTAL WArrrw~PER~HANNEL LIGHTS _ _ _ _ _ _ _ _ _ _
NORTHERN LIMIT or 1925 LAND GRANT ~
I. ! EDGE OF INTRACOASTAL WATERWAY
I (TOP OF CHANNEL SLOPE)
_ _ _ _ _ ~ _ _ _ _ _I /FLOATIN~A~TTENUATOR_ _ _ _ _ _ _ _
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& ~ I ,.2~ / A I ___~O~-~____+ n_____n__
I 1 I ,i ~~~TING
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7)(8 @@ @@ @@ @@ @@ @( @@ @ @
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DOCK E iiY.~' ...
NORTH BA$INA A
EXISTING PIER
STRUCTURE
TO BE RET,6JNED
EXHIBIT B
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~ 12' ~ ICONC~ETE FLOA:NG DOCK
o - T 229'-T
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2SX26 27)(28 29)00 31X32 33)(34 3~06
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~MO~RING PILE '(TYP')
ELEVATED
GANGWA
DOCK F &
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38 ~ PILE SUPPORTS FOR
FLOA TlNG DOCKS
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:~................/.....///M/.."""I~<;. " ~ '.: ~--_~~~
,:::'::,::::~~,r:f:':':.. :::':::':::':::':::':,:" . \ :J~ --------- \ '* \
,:,::':':',::~i~:'~(:';::\l,C~Y,:' ':::':':':,',::':':::' . \ ~ FLOATING DOCK/WALKWAY ..........
'::'::~rJI:<ir~1;~",,~, ':' " ' SEAWALL ~' --- ........... -~
,,::: :':' :,v.'!t"O~, :,:,::':':':':':', (EXISTING) ~ ~
. ". ", . ~.--:-..:----....... "',, \
: ~~' ::: ,/" '::':'::':':~~':':' ' DEDICATED BOA TSUP SCHEDULE
../
/ OOJ Y 1@l19'-6"
I \ DOOCA 55'SUPS 10 1@l21'-3M_
_ ,..' ...... _'._. // ./ ~ \ 9@'19'-7"
'0 M.-'6 / ~ \ DOCkS ~'SUPS 17 :f;~:
"../ illll~ I ii \ :: :::::'~
\ DOCK 0 30' SUPS 16 2~ @lII,112,'"
GRAPHIC SCALE ~
," = 50' ON 24".36" SHEET NORTIH BASIN LENGTIH Q1Y WIDTIH
SO'SUPS 14 2@l28'-4"
12@lIW
DOCK E 55' SUPS 10 1O@18'
DOCKF 45'5UPS 12 12@l17
DOCKF 45'SUPS 5 S@l7'
TOTAL DEDICATED SLIPS
--
- --- QTY"16 30' SliPS-- ----
Q1'V32 4O'SUPS
QTY 17 45' SLIPS
OTY 41 SO'SlIPS
QTY 20 55' SLIPS
TOTAL DEDICATED SLIPS -126
-
,\
30' Drip Edge
Setback
DOCKE
LEGEND
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EXISONG SEAGRASS BEDS
(SURVEY UNDERTAKEN BY
DELTA SEVEN INCORPORATED
WAY 20(6)
DEDICATED ~T SUP NUI.lBER
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1. PILE CUT-OFF HEIGHT IS +10' MlW DOCK I...EVE.L IS +24- MLW.
2. IN ADDITION TO THE DEPICTED WQORING PIlES, ADDITIONAL PILES
WILL BE REQUIRED FOR ALL CF THE flOATING WAVE
A T1[NUA TORS AND fLOA TlNG DOCKS.
J. WIDTH OF WATERBOOY IS APPROXlMAlELY 3,168 FT. TOTAL
LENGTH or WATERFRONT IS APPROXIMAlELY 1,650 n
@
A
SIDE TIE MOORINGS
CONTRACTOR:
PREPARED FOR:
DESIGNED BY
N/A
DRAWN BY
BJR
CHECKED BY
TUA
PROJECT ENGR
N/A
001
SCALE REVISION
'/A
DATE 3
7/09
DRAWING NO,
CITY OF CLEARWATER
100 So, Myrtle Ave" Clearwater, Florido
DOWNTOWN CLEARWATER BOAT SLIPS
FOOT MAINTENANCE WORK
SETBACKS
gMISENER MARINE I
CONSTRUCTION INC
I om ON MARINE GIH)lJ~
; Clearwater
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