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AMENDED AND RESTATED AGREEMENT FOR PARKING METERS , I I AMENDED AND REST A TED AGREEMENT FOR PARKING METERS THIS AMENDED AND RESTATED AGREEMENT FOR PARKING METERS made /ooL ~ and entered into this ~ay of ~_/.I/ ,~by and between the CITY OF ~ CLEARWATER, FLORIDA, a municipal corporation, hereinafterreferred to as "City," and PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as II County . " WITNESSETH: WHEREAS, the City and the County entered into Parking Agreements as follows: July 10, 1969, and June 2, 1970, for parking Lots #12 and #13 a/k/a South Lot; August 19, 1975, Lots #19 and #20 a/k/a North Lot and Northeast Lot respectively; August 9, 1977, Lot #21 a/k/a Northeast Lot; July 25, 1984, Sand Key Park; June 5, 1986, Lot 22 a/k/a West Lot; June 2, 1987, Lot #29 a/k/a East Lot; and WHEREAS, the City is desirous of installing new parking meters and other parking appurtenances on the aforementioned lots for use ofthe public when on business at the County Complex or Sand Key Park; and WHEREAS, it is the considered opinion of both the County and City that such installation wou]d 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. PREMISES: The City agrees to install and maintain new parking meters as 1 City of Clearwater Parking ,:XJ GO ("')//:. " J ""-I / I ' /./ L/ , r'" ': '-, ,,/ ,--) //' /-\ ", I lJ'/ I 1 shown on Exhibit "A-l and A-2" attached hereto and made a part hereof and further described as : A. Lot #]2 & #13 alkla South Lot located on the County Courthouse Parking Lot which lies at the Northeast comer of the intersection of Oak Street and Chestnut Street. B. Lot # 19 alkla North Lot located at the Northeast corner of the intersection of Court Street and Osceola described as the West half of Lot 2, Block 1 and Lot 1, Block 2, ofA.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. C. Lot #20 alkla Northeast Parking Lot lying east ofthe building located at 440 Court Street and described as Lots 40 through 42, Court Square Subdivision, according to map or plat thereof as recorded in Plat Book 5, Page 53 ofthe Public Records of Pine lias County, Florida. D. Lot #21 al/k/a Northwest Lot lying west and north of the building located at 310 Court Street. E. Lot #22 alkla West Lot located at the Southwest corner of the intersection of Court Street and Oak Avenue. F. Lot #29 alkla East Lot lying in the Northwest comer of the intersection of South Ft. Harrison and Chestnut Street described as a portion of Lots 1 and 2, Markley Subdivision, and a portion of vacated right of way of Markley Street. 2 City of Clearwater Parking ~ 1 I G. Sand Key Park paved parking areas as shown on Exhibit "A-2." 2. METER INSTALLATION: The City agrees to install a number of new parking meters on the County property and at Sand Key Park, as agreed upon by City and County. 3. COUNTY MAINTENANCE: The County agrees to maintain at its expense at all times during the continuance of this Agreement, the surfaces and curbings on and around 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 the County's sole 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 sole negligence in maintaining the parking meters, parking meter standards and appurtenances on said property to the extent permitted by law. This paragraph shall not be deemed to be a waiver of either party's sovereign immunity. 4. CITY MAINTENANCE AND COLLECTIONS: The City agrees to install and at all times during the continuance of this Agreement maintain the new parking meters and parking appurtenances and to make all collections in the following manner: A. The City shall retain all proceeds from the said parking meters until the cost of the new parking meters, parking meter standards and appurtenances so installed, together with the cost of installation have been recouped in full. In the event the old meters are sold, any proceeds less the cost of sales shall be applied toward the cost of the new meters. 3 City of Clearwater Parking f.P I I B. After the cost of the said parking meters have been recouped by the City, then the gross receipts from said meters shall be divided as follows: The City shall receive sixty (60%) per cent of said receipts and the County shall receive forty (40%) per cent of said receipts. C. 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 not to co-mingle 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. 5. CHECK AND lOR INSPECT: The City agrees that the County may check andlor 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 in the performance of his or her duty. 6. TIME LIMITS: The County has the sole right to specify time limits on meters in the aforementioned lots as long as the limits are reasonable and consistent with other municipal lots of a similar type. The County will consult with the City's Parking System when specifying parking meter time limits to be established or changed. 7. RESERVATION OF METERS: The County has the right to bag meters and/or reserve parking spaces for special events or volunteer workers with proper notification by 4 City of Clearwater Parking ,,QL> I I telecommunications to Clearwater Public Works, Administration/Parking System. 8. RATES: The City has the right to control rates as long as they are consistent with other municipal lots of a similar type. 9. REPLACEMENT OF METERS: The City may install replacement meters and other parking appurtenances at their expense and that expense will be recouped through parking fees prior to the County and City sharing in the fees as described in Paragraph 4 (A) and 4 (B). 10. EXPANSION AND ADDITIONAL METERS: 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. 11. RULES AND REGULATIONS: 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 and regulations in connection with the operation of said parking meters. 12. LICENSES AND TAXES: The County shall during the continuance of this Agreement pay all licenses and taxes of any type applicable to said parking facilities on its property. 13. COMMENCEMENT DATE; CANCELLATION: This Agreement shall commence on the full signing of same by the Parties hereto and shall remain in full force and effect until canceled by the mutual written consent of the Parties or until canceled 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 canceled and terminated and each 5 City of Clearwater Parking /).) I I party hereto shall be freed and discharged from further liability and responsibility hereunder from and after such cancellation date. If said Agreement is canceled by the County before the City has recouped the full and complete cost of the parking meter standards and appurtenances as hereinabove set out, then the County shall reimburse the City for the balance due and owing thereon not to exceed THREE HUNDRED SEVENTY SIX THOUSAND ONE HUNDRED TWENTY FIVE ($376,125.00) DOLLARS. Upon any cancellation, the City shall within thirty (30) days ofthe effective date thereof render to the County a final accounting and payment of any funds due to the County. 14. OWNERSHIP OF METERS: All 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 therefore 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. 15. OTHER CONTRACTS: This Agreement replaces all previous parking Agreements between the City and the County. 16. NOTICES: All notices to the County shall be sent Certified mail to the following address until otherwise informed: Real Estate Management Attention: Ellyn Kadel 20] Rogers Street Clearwater, FL 33756 6 City of Clearwater Parking ,/olD /J,f) I I informed: City of Clearwater Public Works Administration/Parking System Attention: Tracey Bruch P. O. Box 4748 Clearwater, FL 33758-4748 17. BINDING: The terms and provisions ofthis Agreement shall be binding upon the Parties hereto, their successors and assigns. 18. FISCAL FUNDING: ]n the event funds are not budgeted and appropriated by the County in any succeeding fiscal year for purposes described herein, then this Agreement shall be deemed to terminate at the expiration of the fiscal year for which funds were appropriated and expended. IN WITNESS WHEREOF, the Parties hereto have caused these presents to be duly executed the day and year fust above written. COUNTERSIGNED: CITY OF CLEARWATER,FLORIDA ~,-1~ By: Print Name: Michael J. Roberto Title: City M~nager By: Print Name: Br 1. Aungst Title: Mayor-Commissioner (SEAL) Approved as to Form BY:~~ Print Name: John Carassas Assistant City Attorney ATTEST: ' " JZ"'~ By:~-~' Print N~ynthia EGoudeau " Title: Ci~y ClerK , '" .', ,,' (SEAL) ATTEST: KARLEEN F. DEBLAKER Clerk ofthe Circuit Court PINELLAS COUNTY, FLORIDA By and through its Board of County ~ssioners ,,',' ~ Print N~~ J1-.5lEW~ Title: Chairman "". ,~w:.<-.",.~ ~ ~ ... , B.{' . ':;~( _ ~ Print amc: /-, ;.,~ _ /:.et> ,.., ;rjt1e:~_' I?~puty Clerk : (SEAL)::' 'APPROVED AS TO FORM 'OJ<'FICE OF.COUNTY ATTORNEY 2/1512000 contract99230Clwr Parking Agreement BY ATTORNEY 7 City of Clearwater Parking ""... .OS sv '" LOT ~ 305 l.OT] "'!IMD I . FRANKUN ST. . SPACe F1SCAl.1NFO. e Ow g ~ ~ "".. 312 " I' ~ E ._IIt, ,01 I'OJ 310 '''''... /PW 44~ I LOT ",. " AIR QUAUTY PUBUC IiI!fl!lWi SPACES. ~ . DEVaOPM It ~ ova. WS LOT .. COURT ST. Ca~ '" ""... 11'~1"~ 8'. 22 HEWCOURntOUSE ~ 315 SJ 'CH ,400. ""..." LOT .. EA LOT ROERYm UACE' ~IJ" BHIe P'ARJGNQ .. ""... t2.13 SO LOT I'UlIUC . ME1'BWJ "ACES f'UBUc IPAeEa BAVTEIJIIIiI! 512 CHESTNUT ST. HEsS GAS STATlOtWLI.IPIE ~ ~ Ii ~ ss' LOT' ......"." "'ACI!I EV LOT s ~ MlDVlDIPACD ......OA -.... ' ROCJ!RI aT. . ~~ ':'SWB"~ ...,"'" LOT ENVIRONMENTAL SW"C" LOT ClUtCH LOT RfKRV!D IPACU . .' TURNER STREET , EXHIBIT'''A-I'' .,' 01' ~ ffi ~ o CITY PARKING "SPACES MARKLEY ST. z I Ir' a ~ 01 CHESTNUT, S PINELLAS COUNTY GOVERNMENT PARKING C~TER COMPLEX . ~DfCAPPED RESERVED S~ACE .4,PUlIUC ENTRANCE '. .~ I EXHIBIT "A-Z" I elf> Q~Qt, (;I,.. ~ Q,s>,s> SAND KEY PARK ~Jj ~~ .;:~ .