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AGREEMENT FOR BOTH TEMPORARY AND PERMANENT FOR CONSTRUCTON OF PROPOSED JETTY -"lllIIIIl " , t I "'. AGREEMENT TillS AGREEMENT made and entered into this 20th da y of November, A. D. 1973, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County"; WITNESSETH: That in consideration of the mutual promises and covenants herein contained, and One Dollar ($1. 00) paid by the County to the City, receipt of which is hereby acknowledged and other good and valuable consideration passing between the parties hereto, the said parties hereby agree as follows: 1. The City agrees to sell, convey, assign and exchange and the County agrees to buy certain real property on Sand Key, in the City of Clearwater, Pinellas County, Florida, as set out below. 2. The City agrees to convey fee title, subject to reservations, restrictions, covenants and easements of record running with the land, to the land previously purchased and paid for by City from United States Steel Corporation lying West of Gulf Boulevard described as Parcel lA in accordance with the survey, marked Exhibit "1", attached hereto and made a part hereof, retaining such easements, both temporary and permanent, as are required for the construction and maintenance of a proposed jetty by the City. 3. The City also agrees to convey the fee title, subject to the above items, to a portion of Area E as described on Exhibit 1, which lies Southerly of the alignment and location of the proposed jetty, subject as aforesaid to necessary easements. 4. Further, the City will retain title to the area designated as Parcel IB as described on Exhibit 1, which is land lying Easterly of Gulf Boulevard. -1- If 1 '.' I I 5. The City shall not be required to convey title to Parcel lA until after the receipt by the City of the Federal Grant payment currently pending on Parcels lA and 1B as described on Exhibit 1, or for a period of one year from the date of this Agreement, whichever first occurs. 6. The City hereby assigns and transfers to the County all rights, liabilities and obligations of the City unto the Land Contract dated the 18th day of September, A. D. 1972, by and between United States Steel Corporation and the City of Clearwater, a copy of which is attached hereto as Exhibit "2A", together with the Addendum to Land Contract, dated the 5th day of February, A. D. 1973, by and between United States Steel Corporation and the City of Clearwater, Florida, a copy of which is attached hereto as Exhibit "2B". 7. The City will proceed with financial arrangements to enable City to dredge the Clearwater Pass Channel and to construct the propos ed jetty. It is understood that the initiation of construction on this jetty by the City within a reasonable time after the receipt of all required authorizations and permits from the necessary local, State and Federal regulatory agencies is part of the consideration to the County for this transaction, and should the City fail to initiate construction of such a jetty within a reasonable time as aforesaid, then the County may avail itself of legal remedies available, including, but not limited to, suit for specific performance. All fill material from the dredging of Clearwater Pass and from the dredging of Area E lying Northerly of the proposed jetty alignment line will be deposited either on Clearwater Beach on the North side of Clearwater Pass or Southeasterly of the proposed jetty alignment on Sand Key. Subj ect to the permitting authorities I approvals, it is anticipated that not more than 200, 000 cubic yards of such fill will be depos ited on Clearwater Beach and the remainder of such fill currently estimated to be approximately 800,000 cubic yards, m. 0.1., will be deposited on Sand Key. The amount to be deposited on Clearwater Beach will be as required by the permitting authority. -2- I" I 8. The City will retain ownership of the land already purchased lying Easterly of Gulf Boulevard described as Parcel IB as described on Exhibit 1, and will provide assurance to the County that the said land will be used for public recreational purposes, which may include a small boat launching facility and possibly a public marina. 9. It is further agreed that as the County purchases Parcels 2A and B, 3A and B, 4A and B and SA and B, as described on Exhibit 1, it will immediately deed to the City at no cost to the City the said Parcels lying Easterly of Gulf Boulevard, as shown on attached Exhibit 1, to wit: Parcels 2B, 3B, 4B and SB, and the same covenants and restrictions concerning public use will be observed as to all lands conveyed to the City easterly of Gulf Boulevard. It is further agreed that the City hereby reserves unto itself, and the County acknowledges the City's right to the full and exclusive use of all lands lying Easterly of Gulf Boulevard for its public purposes. At such time as the City is prepared to proceed with the development of the aforesaid lands lying Easterly of Gulf Boulevard, both the City and the County agree to expend every reasonable effort within budget limitations to obtain a suitable settlement with the United States Steel Corporation for the immediate transfer of fee title to those lands lying Easterly of Gulf Boulevard in order that the City may expeditiously proceed with the development of this property. 10. The City agrees that at such time as the Clearwater Pass Bridge Bonds are retired that consideration will be given to the elimination of the toll on the Bridge unless another bridge facility is needed at the time either to replace the present bridge or to construct an additional bridge to Sand Key in another location. The County and the City will make every effort to encourage the inclusion of this Bridge and Gulf Boulevard in the State primary road system. The City will maintain Gulf Boulevard until such time as it is included in the State road system. -3... , I I 11. The City will grant to the County a public use easement for the jetty on Sand Key or, at the option of the City, may convey the jetty to the County for park and public recreation purposes. The City agrees to maintain the jetty for the first five years following its completion with the exception of the asphalt walking surface which shall be maintained by the County. After said period of time, the City and the County shall enter into an Agreement for its continued maintenance upon such terms as are then negotiated. The County will grant to the City such access easements across County land as are necessary for the City to construct or maintain the jetty. The City and County agree through the use of public equipment to share evenly the cost of relocating and grading spoil material that will be deposited on Sand Key properties Southerly of the jetty as a result of dredging Clearwater Pas s. 12. It is agreed that personnel of the County Parks Department, while in the performance of their official duties in connection with the administration and maintenance of the County Park to be developed on the land acquired by the County hereby, shall have the toll-free use of the Clearwater Pass Bridge. 13. The City agrees to provide sewer, water, garbage and trash collection to the County park facilities at a cost not exceeding that of the cost to the City for furnishing said services. The City will provide the same police and fire protection services to the County park facility as is afforded on Clearwater Beach. 14. The City agrees to proceed when dredging the Clearwater Pass channel to deposit spoil Southerly of the proposed jetty alignment on land to be acquired by the County. 15. The City will grant to the County such drainage or other utility easements as are required by the County in connection with the development of its property acquired hereby. 16. The City will provide properly trained lifeguards for the County park facility at a cost to be negotiated. -4... '. I, I , .' 17. The County agrees as follows: A. The County guarantees and covenants with the City that the land conveyed by the City, which is the subject of this Agreement, and that which will be acquired by the County under the terms of the Contract with United States Steel Corporation and the City of Clearwater will be used for public park and beach purposes only in perpetuity. B. The County agrees to convey fee title to the City to the lands that will be acquired by the County lying Easterly of Gulf Boulevard under the same terms as aforesaid in Paragraph 9 above, to wit: Parcels 2B, 3B, 4B and 5B, as shown on Exhibit 1. C. The County agrees to assume and pay the financial obligation and responsibility, to wit: $550,000.00 more or less, which is due United States Steel under the existing contract and addendum, Exhibit 2A and Exhibit 2B hereto, which said payment will be in lieu of fill dirt computed at $1. 00 per cubic yard. D. The County covenants and agrees with the City that it hereby accepts the assignment from the City of all contract rights and obligations of the City under that certain Land Contract dated the 18th day of September, A. D. 1972, together with the Addendum to Land Contract dated the 5th day of February, A. D. 1973, by and between the City of Clearwater and United States Steel Corporation, copies of which are attached hereto as Exhibits 2A and 2B, respectively, and that it hereby assumes and agrees to perform all of the City's liabilities and obligations thereunder and will abide by and comply with all of the covenants and terms therein with United States Steel Corporation. The parties further covenant and agree that in the event of the County's inability to proceed under the said contract for any reason, that the City will have the first option to purchase the lands in accordance with the aforesaid Land Contract and its Addendum executed between United States Steel Corporation and the City of Clearwater. -5- .. , - 41 . . ,'" I. .. I 18. The parties hereto mutually agree that this Agreement shall be binding on each of its successors and/or assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF CLEARWATER, FLORIDA By ~~ctness: City Attorney PINELLAS COUNTY, FLORIDA, by and through its Board of County Commis sioners By Chairman Attest: HAROLD MULLENDORE, CLERK By HR. ~Q~ Depu y C erk APPROVED AS TO FORM OFFiCE OF COUNTY ATTORNEY Bu ~(\~I\.. \\~ .~ ~ Attorney - 6..