PARKING METERS (2)
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AGREEMENT
THIS AGREEMENT,made and entered into this -Lt- day
of O"r4~' 1975, by and between the CITY OF CLEARWATER,
FLORID.P;, a municipal corporation, hereinafter referred to as "City",
and PINELLAS COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "County";
WIT N E SSE T H:
WHEREAS, the County is desirous of having the City install
eighty-three (83) parking meters on two (2) County Parking Lots for use
of the public when on business at the County government complex; and
WHEREAS, it is the considered opinion of both the County and
the City that such installation would be of 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:
(a) Forty Two (42) parking meters on the County
lot immediately westerly from the Technical
Services Building described as follows:
The west half of Lot 2, Block 1 and Lot I,
Block 2, of A. C. TURNER'S SUBDIVISION,
according to map or plat thereof as recorded
in Plat Book K, Page 475 of the Public Records
of Pinellas County, Florida.
(b) Forty One (41) parking meters on the County
lot easterly, across Fort Harrison Avenue
from the Technical Building described as
follow s:
Lots 40 through 42, COURT SQUARE SUB-
DIVISION, according to map or plat thereof
as recorded in Plat Book 5, Page 53, of the
Public Records of Pinellas County, Florida.
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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 areas on its property and shall be responsible
to anyone claiming damages against the City or the County as a result of
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the County's negligence in maintaining said premises in a safe condition,
to the extent permitted by law; and the City agrees to be responsible for
claims of anyone resulting from its negligence in maintaining the parking
meters and parking meter standards on said property to the extent permitted
by law,
3. The City agrees to install and at all times during the con-
tinuance of this Agreement to maintain. at its expense, the herein specified
parking meters upon the areas designated 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 fol-
lowing manner:
(a) The City shall retain all proceeds from
the said parking meters until the cost of
the parl-;:ing meters so installed, together
with the cost of installation have been
recouped in full,
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(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 receive
sixty per cent (60"/0) of said receipts and
the County shall receive forty per cent
(400/0) of said receipts.
The City agrees to remit to the County its percentage of said collection
at reasonable intervals, not less frequently than once every three (3)
months, during the term of this Agreement, The City agrees to make
collections from the parking meters on County property separately. and
agrees to keep separate accounts of the funds so collected from 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 procedur,:,s used by the City and/or its agents in collecting
and disbursing the fuLdS collected from the meters on County property.
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provided that such checking and inspection is done at such time and in
such manner that no City employee is delayed or hindered in the performance
of his or her duty.
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5, 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 advan-
tage 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 enfor:ce all rules, rates and regulations in connection
with the operation of ~aid parking meters.
7. It is further mutually agreed between the parties hereto
that this Agreement shall commence upon the full ag ning 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 recouped the full and complete cost of the
parking meters as hereinabove set out, then the County shall reimburs e the
City for the balance due and owing thereon. Upon any cancellation, the
City shall within thirty (30) days of the effective date thereof render to
the County a final accounting and payment of any funds due to the County.
It is further mutually agreed, however, that all meter standards, meters
and appurtenances thereto installed by the City either before or after 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,
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but such removal shall take place not later than thirty (30) days after the
date of cancellation and termination of this Agreement, In the removal
thereof, the City shall exercise reasonable care so as not to unnecessarily
damage County property.
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8, The ter,ms and provision of this Agreement shall be binding
upon the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed the day and year first above written.
Counters igned:
CITY OF CLEARWATER, FLORIDA
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.. Mayor-Cornmissi07er
By:
Attest:
(City Seal)
PINELLAS COUNTY, FLORIDA, by
and through its Board of County
Commis s ioners:
By:
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Attest:
Approved as to form
and not as to content:
:::rol~or: ak&~, ~
De~ Clerk - _
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'Coun Att ney
(County Seal)
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