LETTER OF UNDERSTANDING REGARDING TWO PEDESTRIAN BRIDGES
~
LETTER OF UNDERSTANDING
, THIS LETTER OF UNDERSTANDING is made and entered into the
~day of November, 2004, by and between the City of Clearwater, Florida, a
municipal corporation of the State of Florida, whose mailing address is P.O. Box
4748, Clearwater, Florida 33758-4748 ("City") and Pinellas County, a county
corporation of the State of Florida, whose mailing address is
4t./o ~ ~'I..t.tL Uw",..&..),.J~ J11Q, ("County"), (individually
referred to as "PartY" or collectively as the "Parties").
WITNESSETH:
WHEREAS, City is the owner of two pedestrian bridges which are surplus
to its needs; and,
WHEREAS, County has a need and desire to use said bridges for certain
projects in Clearwater; and,
WHEREAS, City is willing to donate these bridges to the County subject to
the terms and conditions herein:
NOW THEREFORE, in consideration of the premises, mutual promises
and obligations contained herein, and other good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, the parties to be legally
bound, hereto agree as follows:
1. City hereby donates two pedestrian bridges (as more particularly
described herein), which are currently located at Glen Oaks Park, located
at 1345 Court Street, Clearwater Florida, to the County for use on
projects to benefit the residents of Clearwater.
2. The bridges to be donated consist of the following:
a. Steadfast Bridge #96648-A, Constructed November 1996, Corten
steel, 4 ton capacity, 120' x 8' wide, wooden deck.
b. Steadfast Bridge #96648-18, Constructed November 1996, Corten
steel, 4 ton capacity, 110' x 8' wide, wooden deck.
3. The County hereby agrees, as a condition of accepting the bridges as a
donation, the County shall relocate and install one of the pedestrian
bridges for pedestrian use on the north side of Sunset Point Road, west
of Betty Lane, by September 30, 2005. The County may install the
second bridge at a location of its choice.
j;
4. County shall pay all costs associated with or resulting from removal/pick-
up, storage, refurbishment and installation of the bridges. County shall
also be responsible for any on going maintenance of the bridges once
they are in County's possession. Under no circumstances shall the City
incur costs to relocate and maintain the bridges or any expenses or costs
related thereto.
5. The County, at its own cost, shall also install a sidewalk extension from
Betty Lane to Macomber Avenue, connecting the bridge to the existing
sidewalk in the subject area.
6. City grants permission to the County or its designee to access the
property located at 1345 Court Street, Clearwater FL to remove the
bridges. County shall provide City with reasonable notice if access
requires a City representative to be present during removal.
7. County shall remove the bridges from Glen Oaks Park prior to
December 31,2004.
8. County agrees to accept the bridges in their current condition.
9. The parties agree to be responsible for their own acts of negligence, to
the extent permitted by section 768.28, Florida Statutes. This provision is
not intended to nor shall be interpreted as limiting or in any way affecting
any defense City or County may have under ~ 768.28, Florida Statutes.
10. In the event one of the bridges is not installed on the north side of Sunset
Point Road west of Betty Lane by September 30,2005, the County shall
render current market value, as determined by the City, for both bridges,
payable to the City by December 31,2005.
.,
IN WITNESS WHEREOF, the parties have executed this Letter of
Understanding as of the date first above written.
PINELLAS COUNTY,
By: ,-S~ \.~~I..\ICJ~
Countersigned:
FLORIDA
CITY OF CLEARWATER,
BY:~7S.~JC
William B. Horne II
City Manager
powski
nt City Attorney
Cynthia E:- Goudeau
City Clerk--:=:'.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
'-/-l'J
The foregoing instrumen~ /was acknowledged before me this <(
day of rurv- , 20Q.::!.., by WILLIAM B. HORNE II, City Manager of the
City of Clearwater, who is personally known to me.
PrintIType Nam~
Notary Public
ci3 ~v
...
..,~w.:.~'I"'I,
l?-&1"'~<; Carolyn LBrink
~~:" .~:f MY COMMISSION # 00203569 EXPIRES
.1;:'l...... "" May 22, 2007
".W.,l~'" BONDED THIIU TROY fAIN INSURANC~ INC
'., \~,