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MAINTENANCE AGREEMENT - TRAFFIC SIGNALS , I I ~,1/\ I >:~~' ;_~ ~ ~ . \. ' ~~ ~= .~ ~~ _-~~: ~- ."': _~: :r c T R:\ F r I C SIC:-; ~\ L S THIS ^GJ~EEI.IE?\T, made and entered into this ;2..~ day of ~ '/, ..-- , 19ZJ', by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter call ed the "County " and the C1 TY OF CLEARWATER, FLORI DA, a municipal corporation of the State of Florida, hereinafter called the "City". 11[ I T N E SSE T II: WHEREAS, the construction and maintenance of a traffic signal, or signals, is necessary for the safe and efficient highway transportation at the +ocatioll or loc.at~rons as described in Exhibit "A", attached hereto; and WHEREAS, the City, by resolution attached hereto and made a part heTeof, has determined that it is in the :.public. interest for the City to assume the Tesponsibility for maintenance and electrical power costs incurred in the operation of said .signal installation; NOW, THEREFORE, THIS INDENTURE WITNESSETH: That 1n consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties - .. hereto, the parties and each of them, mutually agree and covenant as follows: 1. That the traffic signal or signals as describe.d 111 Exhibit "A" attached hereto and made a part hereof, will 'be installed under County supervision, witll the actual method of construction and financing determined by the County's policies, budget, and agreement or agreements ",hich it may have ",ith , I I " - i. - and. ~:O;lti.~tl..lCL1S i..")7)C::.J.t-.:..cn ,.J:: :3 2. i J s i :;: :.~::: ~ I-l::3 L ~: ~_ .:.. '_: --: ~. ':..1 ri ,..;.. ~ 1 '~ :-- '-, -~~ .... .. ,.---- pay III en t. for a 11 cost 5 for e 1 c c t I' i c i t Y ~lJl del c c t r i c ale h a r g C 5 incurred In connection wi th the opcr:.ltion thereof. 3. The City shall maintain the signal installation in accordance with County policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the City shall record maintenance activities relative to said traffic signal installation in a "Department of Trans" portation Traffic Signal Maintenance Log'! or an approved equivalent log. 4. That the equipment. shall remaIn the property of the County, and it is hereby understood and agreed by the parties . hereto that the City may remove any component of the installed equipment for repair but the City sl1all not, under any condition, permanently remove the equipment or any major component thereof without the express written permission of the County. 5. It is expressly understood and agreed by the parties hereto that the wiring of the cabinets and the timing of the signals will be such that the traffic will be properly handled at the time of the completion ~f the installation of the sigLals. Necessary modifications in timing or minor circuity may be made by the City to accommodate the changing needs of traffic but the County reserved the right to examine the equipment at any time, and after due consultatibn with the ~arties hereto, specify timing and phasing that will provide a safe and expeditious traffic flow in the County and state hi g h \v a y s y s t em. 6. The City shall not modify the equipment to provide additional phases or intervals without written per- . , I I - 3- 1 i ab 'i 1. i l:.3.. e 5 Jrl\..l 5U-2.ts 'J r :1 Tl Y :1.J. t 1..1 y e ~": r~ :.: 1: 3 0 C ~/ e r ..l T 1 5 l,n g .J ~l t , ~ ,-' .l.... / because of, or due but not limi u'd to the breach of this agree- IIlent by the City, its agents or employees, 01' clue to any act or occurrence or omission or commission of the City, its agents or employees. 8. It is mutually agreed that the County Engineer shall decide all questions, difficulties and disputes of any nature whatsoever t]lat may arise under, or by reason of this agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value there- of; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. .9. It is understood and agreed by the parties hereto that this agreement shall remaIn III force during the life of the originally installed equipment and.any replacement equipment installed by the mutual consent of the parties hereto. It WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. BY: WITr:S~ , (SEAL) Approved as to for '~~~ ~ CIty Attorney.. j .. PINEL\J\ COUNTY, FLORIDA BY: -h.!;lLH ... ..._____~ William Doc erty, Cnalrm ATTEST: HAROLD MULLENDORE. CLEftK (SEAL) fJ 1"\.,. . . ' I I E):.I-I I E3 IT ~I~:;.J ~~. I~,;:r 5::: _~~ ;~.~'-:'::~ M.C? R2 2i-.!..E~'J:L TRAFFIC SIG-J:\LS THIS EXHIBIT "A" forms an integral part of that certain Traffic Signal Maintenance Agreement be~ween the City of Clear- water, Florida and the Board of County Commissioners of Pinellas County, FlorJda. Dated %/~ 7f/, 19/3 LOCATION OF TRP.FFIC SIGNAL INSTALLATION: Sunset Point Road (S.R. 588) at the entrcmce road to Top-Of- 'rhe- Woild Condominiums Development, Pinellas County Florida.