INTERLOCAL AGREEMENT/COOPERS POINT MANAGEMENT
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INTERLOCAL AGREEMENT
COOPERS POINT MANAGEMENT
This Agreement entered into this ~ day of ~~995, by and between PINELLAS
COUNTY, Florida, a political subdivision of the State of orida, hereinafter referred to as
"COUNTY," and the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "CITY,"
WITNESSETH
WHEREAS, by Deed dated March 10, 1988, and recorded at Official Records Book
6698, Page 0072, Public Records of Pine lias County, Florida, COUNTY and CITY acquired that
certain land, lying and being in Pinellas County, Florida, as more particularly described in
Exhibit "A," attached hereto and by this reference made a part hereof; hereinafter referred to as
the "PROPERTY", and
WHEREAS, pursuant to the above-referenced Deed, COUNTY owns an undivided two-
thirds interest in the PROPERTY and CITY owns an undivided one-third interest in the
PROPERTY; and
WHEREAS, the PROPERTY was acquired with the intent and for the purpose of
preserving and protecting endangered and environmentally sensitive lands; and
WHEREAS, pursuant to the provisions ofCh, 163,01(5) (j), Florida Statutes, COUNTY
and CITY desire to provide for the management of the PROPERTY in order to preserve and
protect it in its natural state,
NOW, THEREFORE, in consideration of the premises and the mutual covenants
contained herein, the parties hereto agree as follows:
1, CITY shall provide for the management, preservation and protection of the
PROPERTY in its natural state,
2, In order to fulfill the obligations set forth in Paragraph 1, CITY shall have the
following rights and duties:
a) The right to secure access to the PROPERTY, including the right to install
or construct fences and gates to limit public access to the PROPERTY, provided, however, CITY
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shall provide COUNTY with keys to any gates or locks placed on the PROPERTY. CITY shall
not prohibit COUNTY from having access to the PROPERTY.
b) The right to provide for fire protection on the PROPERTY, including with
prior written consent of the COUNTY Administrator limited clearing of debris and fallen timber
from the PROPERTY and, other fire prevention activities,
c) The right to provide such security as it deems necessary to protect the
PROPERTY against the intrusion of trespassers or vandals, including the right to police the
PROPERTY or provide security guards,
d) The right to negotiate with Clearwater-Christian College Private Schools,
Inc" or its successor in interest, for the improvement of the access easement described on Exhibit
"B," provided, however, the COUNTY shall not be obligated to expend any monies for
improving said easement unless it first agrees, in writing, to such expenditure and improvement.
3, , The CITY shall NOT and is expressly prohibited from selling, conveying,
mortgaging, pledging, or otherwise encumbering the COUNTY'S interest in the PROPERTY
without the express prior written consent of the COUNTY, which consent may be given or
withheld at the COUNTY'S sole discretion,
4, Building, constructing or installing any structure or improvement of any kind on
the PROPERTY, paving, clearing (except as provided in Paragraph 2, above), filling, draining,
dredging, use of chemical treatments, conducting any activity, or otherwise making any
alteration to the PROPERTY shall be only for environmental enhancement purposes and shall
require the prior written consent of the COUNTY Administrator, which consent may be given or
withheld at the COUNTY'S sole discretion,
5, It is the intent of the COUNTY and CITY to limit access or use of the
PROPERTY in order to preserve, protect and maintain the PROPERTY in its natural state and to
prevent its alteration or destruction, In the event COUNTY and CITY at any time agree to open
all or any portion of the PROPERTY for park or other purposes, the terms and conditions for the
opening and use of the PROPERTY shall be agreed upon, in advance, in written form approved
and executed by the CITY and COUNTY.
6, At all times during this Agreement, CITY shall obtain and maintain adequate
liability insurance coverage (or provide for self-insurance) to protect against claims for injury or
death to persons or damage to property, As pennitted by Florida law, each party remains
responsible for all loss or expense, including costs and attorney's fees, by reason ofliability
imposed by law for damages because of bodily injury, including death, sustained by any person
or persons, or damage to property, rising out of or as a consequence of its actions pursuant to this
Agreement caused by the sole negligence of that party, Nothing herein shall constitute a waiver
of sovereign immunity pursuant to Ch, 768,28 Florida Statutes,
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7, The term of this Agreement shall be for a period of25 years, commencing on
August 22, 1995, and terminating on August 21,2020, Thereafter, this Agreement shall be
automatica1ly renewed for additional terms of25 years, provided, however, either party hereto
may refuse to renew this Agreement by providing written notice to the other party 180 days
before the end of any term, of its intent not to renew this Agreement Furthermore, either party
may terminate this Agreement for any reason, at any time, upon providing ninety (90) days
written notice to the other party,
8, This Agreement shall not be amended, unless such amendment is in writing and
executed by both parties hereto,
9, The rights and obligations of the CITY under this Agreement shall not be
assigned without the prior written consent of the COUNTY
10, Both CITY and COUNTY shall appoint Project Managers as contacts for
environmental planning and management of the property, Notices and amendments shall be
forwarded by Registered or Certified mail, return receipt requested, to the following addresses:
City Manager
P,O, Box 4748
Clearwater, FL 34618-4748
and
Pinellas County
Real Estate Manager
201 Rogers Street
Clearwater, FL 34616
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written,
ATTEST:
KARLEEN F, DeBLAKER, CLERK
(SEAL)
Y, FLORIDA
By: ~#'2~//, fficA~ By
Deputy Clerk
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By:
~ftw
Er beth eptula
City Manager
Approved as to form and legal
sufficiency
Attest:
td:-J7f!cd~~
Paul Richard Hull,
Assistant City Attorney
By:
Approved as to Form
Office of the County Attorney
cont95309
,
~dJJ::\()1'---
County Attorney
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,EXHIBIT "A"
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PARCEL NO.1
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GoverncenC LoC 4, Seet~on la, Township 29 Souch, Range 16 EasC; chac parc of che
Soucheasc 1/4 of Che Soucheasc 1/4 of Seccion 9, To=ship 29 Souch, Range 16 EasC, which'
is Soucheascerly of the mean_high wacer line abucCing Dayshore Boule'lard,
AND
Gove=enc Lot I, Section 15, Township 29 Souch, Range 16 Easc, less thaC p'art, Souch
of an Easterly projection of the North line of Government Loc 4 in Seccion 16,
Township 29 South, Rang~16 East, which proj~ction is extended to che deep water
ch:mnel in Tampa Day; ,
All che above being in Pine11as County, Florida,
PARCEL NO. 2
Govern::lenc Loc 3, 'Section la, TO""nship 29 South, Range 16 Easc, Pincl.las Coune:'-,
. Florida, .
PARCEL NOS. 1 AND 2 MAY,ALSO BE DESCRIBED AS' FOLLOWS:
A parc..l of hnd locllt..d ln Section.. 9; 10, Ilnd 01:5, :Tovl\Shlp Z'3 .South,
R.nge'16 Ea..t, Pinellaa County, florida. b..lng -ore particularly d..crlbrd.,
iollova, .'
Begin at (he Southeaat corner of sald Section 9; Run tho nee
H.89'29'5J'V., along the South boundary of snid'Sectlon 9, a diBtanc~ of
IJ16.80 ieet to the SouthveBt corner of the Southeuot 1/~ of tho Southoast l/~
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of aaid Section 9; tlience H.00'00'59'E., along the lIeBt boundary of the
Southeaat 1/4 of ' the SoutheuBt 1/4 of' Baid Section 90to a point on 'the _ean
hlg];'ont':r iin':.o! Co~p~r'" 81lYou adjacent to Buyahore Boulevard; thence
HortheBoterly along the _ean hlgh vllter line of'anid Cooper'.. Dayou to'a point
on the Horth boundllry of the SoutheoBt:1/4 of the-Southooot. 1/4 of Baid
Sec;lon 9; the~ce S.8~'27'02'E., along th~ Hort~ boundury of the Southea..t 1/4
of the Southeastl, 1/< of Baid Section 9 to the /fortheaat -corner o'f the.
Southeast 1/4 ~ the Southea.t 1/4 of .aid Section 9, alBa being the SouthveBt
~or~~r oi Goverk..ent Lot J of Baid Sect:Lon 10; thence H. 00' 01 '56',E., along the
V~Dt boundary of Baid Government LDt J. a diatance of 1~29.40 feet to the'
Horth...st corner of Governaent LDt J of said Section 10; thence East along the
Horth boundary of said, Govern_ent Lot J to a po~nt on the Qean high vater line
on the Horthwesterly shor.e of Cooper's Point on,Cooper's Bayou; thence 0
~ontlnue alonq the Horth boundary of said Government Lot J to'" point on th..
Ac.n hlqh water lin.. on the Hortheas~erly Bhore of Cooper'aoPoint on Old Ta~pll
D.y; th~nc.. Southerly alonq t~e _ean hlqh vater line of sald Old la.pa Bay to
a pOlnt on the EaBterly proJectlon of the Horth boundary of Government Lot 4
of Section 16. Toirnahip 29 South. Range 16 EaBt, Pinellas County., flonda;
lhcnc~ H.89'J2'OS'V.. along the Horth'boundary of the projection of sald
Government Lot 4. to a pOlnt on the VeBt boundary of oald Sectlon 15; thence
II. OO'O!'JB"E. ,along the lIest boundary of said Section 15 a diBtance oi
IJ:0.27 ieet to the POlnt of Beginning.
(the "Property")
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'EXHIBIT "B""
Easement Tract A
That part of Government Lot 4 in the Northeast 1/4 of Section 16,
Township 29 South, Range 16 East, in Pinellas ColDlty, Florida, lying 12.5
feet on either side of , a line described as follows: Begin at the Northeast
corner ~f said Government Lot 4, and run thence along the E,ast line of-the
said Lot 4, South 00002' 42" West for a distance of 216.29 feet to the
POINT OF BEGINNING; thence run South 41029' 04" West for 35.70 feet;
thence along the arc of a curve to the right having a radius of 50.00 feet,
delta 15049' 30.6", an arc .length of 13.81.feet, a chord length of 13.77,
feet, and a chord bearing South 49023'49.3" West; thence South 570 18\
34.6" West for 90.04 feet; thence alo~ the arc of a curve to the left
having a radius of 50.00 feet, delta 15 49' 30.6", an arc length of 13.81
feet, a chord length of 13.77 feet, and a chord bearing South 49~3'49.3"
West; thence South 41029' 04" West for 119.14 feet; thence along the arc
of a curve to the left having a radius of 50.00 feet, delta 08056' 56", an arc
length of 7.81 feet, a chord length of 7.80 feet, and a chord bearing South
37000' 36" West; thence South 32032' 08" West for 174.39 feet; thence
along the arc of a curve to the right having a radius of 50.00 feet, delta 080
56' 56", an arc length of 7.81 feet, a chord length of 7.80 feet, and a chord
bearing South 37000' 36" West; thence-South 41029' 04" West for 450.02
feetto the POINT OF ENDING.
AND
Easement Tract B
That part of the Northwest 1/4 of Section 15, Township 29 South, Range 16
East, in Pinellas County, Florida, lying 12.5 feet on either side of a line
described as follows: Begin at the Northeast corner of Government Lot 4
in the Northeast 1/4 of Section 16, Township 29 South, Range 16 East, ,and
run thence along the East line of the said Lot 4, South 00002' 42" West for
a distance of 216.29 feet to the POINT OF BEGINNING; thence run North
,220 36' 56" East, 234 feet to a point on the easterly projection of the north
line of Government Lot 4 and the POINT OF ENDING.
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