SIXTY (60) PARKING METERS COUNTY PARKING LOT
f
It; <rio}r
.~
-,...,...-
I
I
AGREEMENT
THIS AGREEMENT, made and entered into this 2nd
day of
June
, 1970, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City," and PINELLAS COUNTY, a political sub-
division of the State of Florida, hereinafter referred to as
f1Countytl;
WIT N E SSE T H:
WHEREAS, the County is desirous of having the City
install sixty (6])' parking meters on the County Courthouse
Parking Lot immediately south of the present thirteen (13)
parking meters, which were installed pursuant to an Agreement
between the City and the County dated July 10, 1969; 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 sixty:
(60) parking meters on the County Courthouse Lot immediately
south of the present thirteen (13) parking meters, which were
installed pursuant to an Agreement between the City and the
County dated July 10, 1969.
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 the
County's negligence in maintaining said premises in a safe
condition, to the. extent permitted by law; and the City
agrees to be resp9nsible for the claims of anyone resulting
(;:;,(~::;
r.
I.
"
. 1-./
QSi
~.
""" !'
,-~
~ I'
'~
I
J
from its negligence 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 ,5 ixty (60) parking mete rs upon the area des-
ignated 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
I
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 per cent (60%) of said re-
ceipts and the County shall receive
forty per cent (40%) of said re-
ceipts,
The City agrees to remit to the County its percentage of
said collection at reasonable intervals, not less frequently
than once every three months, during the term of this Agree-
ment. The City agrees to make collections from the parking
meters on County property separately, and agrees not to com-
mingle the funds so collected with its parking meter receipts
from other properties until after a division of the collect-
ions 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 check-
ing and
inspection is done at such time and in such manner
i
City employee is delayed or hindered in the perform-
that no
ance of his or her duty.
-2-
, ,
,,~,
~"
'.'4:.
I
1
S. The parties hereto mutually agree that the
area devoted to parking on the County property may be en-
larged 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 pa~king meters.
7. The County shall, during the continuance of
this Agreement, pay all licenses and taxes of any type ap-
plicable to said parking facilities on its property.
8. It lS further mutually agreed between the
parties hereto that this Agreement shall commence upon
the full signing of same by the parties hereto and shall
remaln in full force and effect until cancelled by the
mutual written consent of the parties or until cancelled
by either party ~iving 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 here-
under 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
i
date thereof render to the County a final
the effective
accounting and payment of any funds due to the County.
It is further mutually agreed, however, that all meter
-3-
,
r"io.
. _...~.
~.
,'~
I
"
I
standards, meters and appurtenances thereto installed by
the City either before or after the signing of this Agree-
ment 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 cancellation and termin-
ation 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 provisons 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,
Signed, sealed and de-
livered.in the presence
of:
x?~/ /f.J 'iff...Lf! /
?;;: ~~~ e, /~r'-
As 0 Clty
~. d :"0 [0. rm. :
:d~ /
co~ orney ~
lit ;:
t1"\,./
::T7!tWHORIDA
I Clty Manager.
Atte,:~~ ':;d~~Le~;. p
fJUN 2, 0 1970
PINELLAS COUNTY, FLORIDA, by and
through its Board of County Com-
missioners
"'{
y:
Attest:
HAROLD JvIUL. LENDORE, CLERK
~ .
By: ~ {J, 'b -A.~~:-~
Deputy Clerk
-4-