AGREEMENT RE WIDENING OF ENTERPRISE ROAD (2 )
J
I
AGREEMENT
THIS AGREEMENT is entered into this ~/ day o~ '
1987, by and between JAMES A. VOGEL and HAZEL E. VOGEL, hereinafter
referred to as VOGEL and the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, hereinafter referred to as the City.
WITNESSETH
WHEREAS, VOGEL is the owner in fee simple title of 4+ acres of
undeveloped land located in Clearwater, Florida, and
WHEREAS, when the City Commission annexed the aforementioned
property in to the ci ty, one of the condi t ions for such annexat ion
was that VOGEL would dedicate sufficient right-of-way for the
widening of Enterprise Road where it abuts the VOGEL property and,
further, tha t they would share wi th the City in the cost of
widening Enterprise Road, and
WHEREAS, VOGEL intends to hire a contractor to install various
subdivision improvements on the VOGEL property with the scope of
such work to include the widening of Enterprise Road where it abuts
the VOGEL property, and
WHEREAS, THE City desires to achieve the widening of Enterprise
Road where it abuts the VOGEL property and is willing to share in
the cost of such work to the extent provided in this Agreement, and
WHEREAS, the parties hereto desire to reach agreement con-
cerning the City's obligation to reimburse VOGEL for a portion of
the cost of widening the aforesaid Enterprise Road,
NOW, THEREFORE, in consideration of the mutual promises herein
made and in order to consummate the foregoing, the parties hereto
agree as follows:
1. VOGEL shall hire a Contractor to perform all work necessary
to widen Enterprise Road where it abuts the northern property line
of VOGEL property, which work shall be performed in accordance with
plans and specifications prepared by GLOBAL ENGINEERING & MAPPING
and approved by the City Engineering Division on May 19, 1987.
-1-
;'j:! il,,',
\....~. '/("""-"'"
I ", ''11 "!' ,7
C1),1 (")\>/1 ,'J,
. C.' ,- " u" .:')
-~-----
"
J
I
2. The aforesaid plans and specifications shall provide for
the construction of twenty-nine (29) feet of 1 1/2 inch asphalt
pavement with 2 foot concrete curb and gutter, nine (9) inch stabi-
lized subgrade, eight (8) inch limerock base, and accompying
drainage improvements as more specifically shown on the plans and
specifications. The scope of the work shall also call for
neces sary clear ing and grubbing, roadway excava t ion and roadway
fill, to be compacted as required. Once approved by the City, the
aforesaid plans and specification shall become part of this
Agreement.
3. VOGEL shall obtain City approval of all construction costs
prior to commencement of work.
4. The City agrees that VOGEL may retain any dirt excavated
from the Enterprise Road right-of-way in furtherance of the
construction contemplated herein.
5. The City shall reimburse VOGEL for the cost of constructing
sixteen (16) feet of 1 1/2 inch asphalt pavement, nine (9) inch
stabilized subgrade, eight (8) inch limerock base plus the cost of
clearing and grubbing and roadway excavation for the sixteen (16)
foot portion of the roadway. All costs shall be paid on the basis
of measured quantities. The sixteen (16) feet in question shall be
measured from the edge of the existing pavement on the south side
of Enterprise Road.
6. In addition, the City shall, if necessitated by field veri-
fication, reimburse VOGEL for the cost of extending an eighteen
(18) inch RCP Class III drainage stub across the sixteen (16) foot
portion of the roadway for which the City is responsible.
7. The City shall pay all of its share of costs set forth in
this Agreement in one lump sum payment which shall become due and
payable upon completion and acceptance by the City of all work
required relative to the widening of Enterprise Road where it abuts
VOGEL property.
8. The prevailing party shall be entitled to payment of its
reasonable attorneys' fees and costs, both in the trial court and
on appeal, in any litigation arising out of the enforcement of the
terms of this Agreement.
-2-
,<
I
I
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed the year and day first above written.
~~~
tfl:.MES A., VOGEL, '
~~ E.,v ~~9.
HAZEL ,:-Q'OGEL ----
(SEAL)
cou~ned:
BY:
"City ~ ager
Atte1t:0r~",- EJ:L- n-.
q ty .Glerk
Approved as to form and
correctness:
Attor ey
-3-