AGREEMENT RE WIDENING OF ENTERPRISE ROAD
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AGREEMENT
THIS AGREEMENT is entered into this
p.q t_A.
day of
AA~1 ' 1985, by and between McNAY BROTHERS INVESTMENT
COMPANY, a Florida corporation hereinafter referred to
as McNAY, and the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, hereinafter referred to as the
City.
WITNESSETH
WHEREAS, McNAY is the owner in fee simple title of
60+ acres of undeveloped land located in Clearwater, Florida/
which is platted into 154 single family lots known as Country-
park Subdivision, and
WHEREAS/ when the City Commission annexed the afore-
mentioned property into the City/ one of the conditions for
such annexation was that McNay would dedicate sufficient right-
of-way for the widening of Enterprise Road where it abuts the
McNay property and/ further/ would share with the City in the
cost of widening Enterprise Road/ and
WHEREAS/ McNay intends to hire a Contractor to install
various subdivision improvements on the McNay property with
the scope of such work to include the widening of Enterprise
Road where it abuts the McNay property, and
WHEREAS, the City desires to achieve the widening of
Enterprise Road where it abuts the McNay property and is
willing to share in the cost of such work to the extent pro-
vided in this Agreement, and
WHEREAS/ the parties hereto desire to reach agreement
concerning the City's obligation to reimburse McNay for a
portion of the cost of widening the aforesaid Enterprise Road,
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NOW, THEREFORE, in consideration of the mutual promises
herein made and in order to consummate the foregoing, the
parties hereto agree as follows:
1. McNay shall hire a Contractor to perform all
work necessary to widen Enterprise Road where it abuts the
northern property line of Countrypark Subdivision, which work
shall be performed in accordance with plans and specifications
to be prepared by Mills and Associates and approved by the City
Engineering Division.
2. The aforesaid plans and specifications shall pro-
vide for the construction of twenty-nine (29) feet of 1 1/2
inch asphalt pavement with 2 foot concrete curb and gutter,
9 inch stabilized subgrade, 8 inch limerock base, and
accompanying drainage improvements as more specifically shown
on the plans and specifications. The scope of the work shall
also call for necessary clearing and grubbing, roadway exca-
vation and roadway fill, to be compacted as required. Once
approved by the City, the aforesaid plans and specifications
shall become part of this Agreement.
3. McNay shall obtain City approval of all construction
costs prior to commencement of work.
4. The City agrees that McNay may retain any dirt ex-
cavated from the Enterprise Road right-of-way in furtherance
of the construction contemplated herein.
5. The City shall reimburse McNay for the cost of
constructing sixteen (16) feet of 1 1/2 inch asphalt pavement,
9 inch stabilized subgrade, 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.
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6. In addition, the City shall, if necessitated by
field verification, reimburse McNay for the cost of extending
an 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 Countrypark Subdivision.
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.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed the year and day first above written.
MCNAY BROTHERS INVESTMENT COMPANY,
a Florida corporation
By:J~~~-r~,- . .
Attest: ~~/ t./;1k~.'...'
Secretary _:.----.0 t/ --
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witnesses:
By:
(SEAL)
Counterjiigned: ../
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~ayor Commiss~on~r i:c/
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Approved as to form d
cor tness:
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