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PARKING METERS (NORTHWEST LOT) - 2 ORIGINALS IN FILE (DRAWINGS IN FILE ALSO) 'f' . l - " . I l I A G R E E MEN T THIS AGREEMENT, made and entered into this ~ day of ~ ' 1977, by and between the CITY OF CLEARWATER, Florida a mun-iciP~ corporation, h,ereinafter 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 25 parking meters on County parking lot for use of the public when on business at the County government complex; and WHEREAS, it is, the considered opinion of both County and City that such installation will be of mutual advantage; 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 Twenty Five (25) parking meters on the County owned lot immediately westerly from the County Utility Building as shown on'the parking plan attached hereto and made a part of this Agreement. 2. Available meters removed from other County owned parking lots shall be reinstalled in this or other County owned parking lot and credits earned at the former location toward their costs in accordance with an agreement such as paragraph 4 (a), herein, shall be carried over with the meter to the new location. 3. The County agrees to maintain at its expense at all times during the continuance of this Agreement, the surface and curbing on and around the said parking areas on its property and shall be responsible to anyone cJaiming damages against the City or the County as a result of 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 negl igence in maintaining the parking meters and parking meter standards on said property to the extent permitted by law. / 00-07(( .' . " J I Agreement Page 2 Northwest Parking Lot Meters 4. The City agrees to ins ta 11 and a t a 11 ti mes duri ng the continuance 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 collec- tions 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, together 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 receive sixty percent (60%) of said receipts and the County shall receive forty percent (40%) 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. 5. 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 cbecking and inspection is done at such time and in such manner that no City employee is delayed or hindered in the perform- ance of hi s or her duty., 6. 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 7. The County covenants and agrees that the City shall, during such additional meters provided he finds it to the financial advantage of the City to do so. 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. ~. ' " . Agreemen': Page 3 Northwest Parking I I Lo t Meters 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 recouped 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 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 peanalty therefor, but such removal shall take palace not later than thirty (30) days after the date of cancellation and termination of this Agreement. In the removal thereof, the City shall exercise reason- able care so as not to unnecessarily damage County property. g. The terms and provisions of the Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITHESS WHEREOF, the parties hereto have caused these presents to be duly executed the day and year first above written. (City Seal) Countersigned: ~~ Mayor-Commissione ,.' B form and Attest: "]' ~:. ( vi (Ifi:t:d~ City Cl erk ~Ul 1 5 1977 '. ",I.. J. "" '_ .~.. I '. Agreement Page 4 Northwest Parking Lot Meters ATTEST: HAROLD MULLENDORE, Clerk of the Circuit Court By Ji.L1{i ,~/ .....J..._ . '_, -, '.- 1/, ;, U' '/; ,/1-V~~'1"J, "^ .- v u/ r;''<..-(..\''''~ Deputy Cl erk >.1\' Approved as to form and co ctness: County I by and By (County Seal)