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PARKING METERS t I I J"'- THIS AGREEMENT made and entered into this ;It?~ day of , 1969, by and between the CITY OF CLEAillVATER, a municipal corporation, hereinafter referred to as "City," and PINELLAS COUNTY, a political sub- division of the State of Florida, hereinafter referred to as "CountylF; WIT N E SSE T H: WHEREAS, the County is desirous of having the City install thirteen (13) parking meters on the County Court House Parking Lot which lies adjacent to Oak Street on the West and Chestnut Street on the South, with the new County Judicial Building immediately to the North; and WHEREAS, it is the considered opinion of both the County and the City that such installation would be mutual advantage to the parties; NOW, THEREFORE, in consideration of the foregoing and other good and valuable considerations, receipt of which is hereby acknowledged, and the covenants to be performed by the parties pursuant to this Agreement, it is hereby agreed between the parties hereto as follows: 1. The City agrees to install and maintain thir- teen (13) parking meters on the County Court House Parking Lot which lies adjacent to Oak Street on the West and Chest- nut Street on the South, with the new County Judicial Building immediately to the North. 2. The County agrees to maintain at its expense at all times during the continuance of this agreement, the surface and curbing on and about the said parking area on its property and shall be responsible to anyone claiming damages against the City or the County as a result of County's DO -0' 71 C Co') " I I t,'. negligence in maintaining said premises in a safe condition, to the extent permitted by law; and the City agrees to be responsible for the claims of anyone resulting from its neg- ligence in maintaining the parking meters and parking meter standards on said property. 3. The City agrees to install and at all times during the continuance of this agreement to maintain, at its expense, thirteen (13) parking meters upon the area desig- nated by the County and agreed upon by the City, and the City further agrees to make all collections from the meters and to divide the proceeds of the collections so made in the following manner: (a) The City shall retain all proceeds from the said parking meters until the cost of the parking meters so installed, to- gether with the cost of installation have been recouped in full. (b) After the cost of the said parking meters has been recouped by the City, then the gross receipts from said meters shall be divided as follows: The City shall re- ceive sixty per cent (60%) of said receipts and the County shall receive forty per cent (40%) of said receipts. The City agrees to remit to the County its percentage of said collections at reasonable intervals, not less frequently than once every three months, during the term of this agreement. The City agrees to make collections from the parking meters on County property separately, and agrees not to commingle the funds so collected with its parking meter receipts from other properties until after a division of the collections from County property has been made as aforementioned. 4. The City agrees that the County may check and/or inspect any and all procedures used by the City and/or its agents in collecting and disbursing the funds collected from the meters on County property, provided that such checking and inspection is done at such time and in such manner that no City employee is delayed or hindered ln the performance of his or her duty. -2- I I S. The parties hereto mutually agree that the area devoted to parking on the County property may be enlarged or contracted from time to time by the County, and the County may request additional meters to be installed by the City and the City Manager is hereby empowered to install such additional meters provided he finds it to the financial advantage of the City to do so. 6. The County covenants and agrees that the City shall, during the continuance of this agreement, have the exclusive right and authority to establish and enforce all rules, rates and regulations in connection with the operation of said parking meters. 7. The County shall, during the continuance of this agreement, pay all licenses and taxes of any type appli- cable to said parking facilities on its property. 8. It is further mutually agreed between the parties hereto that this agreement shall commence upon the full signing of same by the parties hereto and shall remain in full force and effect until cancelled by the mutual written consent of the parties or until cancelled by either party giving written notice to the other party of such cancellation at least sixty (60) days in advance thereof, whereupon this agreement shall stand cancelled and terminated and each party hereto shall be freed and discharged from further liability and responsibility hereunder from and after such cancellation date. If said agreement is cancelled by the County before the City has re- couped the full and complete cost of the parking meters as hereinabove set out, then the County shall reimburse the City for the balance due and owing thereon. Upon any such cancel- lation, the City shall within thirty (30) days of the effective date thereof render to the County a final accounting and pay- ment of any funds due to the County. It is further mutually agreed, however, that all meter standards, meters and appur- tenances thereto installed by the City either before or after - 3- . . L,,1o- I I ~'~ ~ the signing of this agreement shall at all times remain the property of the City and the same shall be removed without payment of any penalty therefor, but such removal shall take place not later than thirty (30) days after the date of can- cellation and termination of this agreement. In the removal thereof the City shall exercise reasonable care so as not to unnecessarily damage County property. 9. The terms and provisions of this agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS \\~IEREOF, the parties hereto have caused these presents to be duly executed the day and year first above written. By FLORIDA Attest: Approved as to form and correctness: ~~/~~ C1 ty Att~rney Signed, sealed and delivered in the presence of: PINELLAS COUNTY, FLORIDA, by and through its Board of County Commissioners ~~~:K7A/ h (~ ~ n A ~J\ , , , '" --' As To 1ty Attest: HAROLD MULLENDORE, CLERK ~ Clerk BY: As To County -4-