EXPERIMENTAL WATER QUALITY TREATMENT PROJECT AT CLEARWATER HIGH SCHOOL
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C~OPERATIVE EASEMENT AGREEJimNT
BETWEEN THE CITY OF CLEARWATER, FLORIDA
AND THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA,
TO CONSTRUCT, OPERATE AND MAINTAIN
AN EXPERIMENTAL WATER QUALITY TREATMENT PROJECT
AT CLEARWATER HIGH SCHOOL IN CLEARWATER, FLORIDA
THIS COOPERATIVE AGREEMENT is entered into this ;/'1"'1- day of
~ul ' 19~~ and between the City of Clearwater. a political subdivision of
the State of Florida, hereinafter referred to as the "CITY," and the School Board of Pinellas
County, Florida, a body corporate, hereinafter referred to as the "BOARD",
WITNESSETH:
WHEREAS, the CITY, pursuant to Chapter 32, Article X, Clearwater Code of
Ordinances, has been given the authority and responsibility to protect the surface waters within
the city; and,
WHEREAS, the Board owns and operates Clearwater High School, located at the
southwest corner of the intersection of Hercules Avenue and Gulf to Bay Boulevard, on
property immediately adjacent to Aliens Creek, a major tributary to Tampa Bay in Clearwater
as shown on the plat attached hereto as Exhibit "A" and made part hereof; and,
WHEREAS, Aliens Creek has been identified as exhibiting impaired water quality and
the recommended intent of the Aliens Creek Watershed Management Plan is to install water
quality improvements in the basin; and.
WHEREAS, the CITY has received a funding commitment from the Southwest Florida
Water Management District (SWFWMD) for construction of an experimental water quality
treatment project to treat runoff from an approximately 100 acre drainage basin, hereinafter
referred to as the "PROJECT"; and
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WHEREAS, the tITY is responsible for acquiring the ne(essary land interests from
the BOARD to construct, operate and maintain the PROJECT, to be situated west of Arcturas
Avenue; and
WHEREAS, the BOARD wishes to develop a curriculum for Clearwater High School
students which will provide exposure to stormwater quality treatment principles; and,
WHEREAS, the CITY and the BOARD have reached an understanding as to the
relationship and obligations each party shall have with regard to accomplishing the PROJECT,
and hereby desire to reduce said understanding to this written Cooperative Easement
Agreement (the "Agreement"),
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
conditions and terms set forth herein, the CITY and the BOARD hereby mutually agree as
follows:
1, SCOPE OF WORK
a. The CITY shall be responsible for obtaining all geotechnical and field survey work; design
of the stormwater treatment facilities; preparation of construction plans and specifications
for construction of the stormwater treatment facilities; state and local permitting;
preparation of bid packages; contractor selection; construction administration; and post
construction maintenance. monitoring and reporting for the PROJECT.
b, The BOARD's Agribusiness Office shall be responsible for development and
implementation of a water quality treatment curriculum which may be used by selected
educational programs throughout the school district in conjunction with the Project In
addition, the BOARD will provide training for instructional personnel on the use of the
facility. Teachers will schedule the facility use through Clearwater High School and be
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responsible for the a~ropriate use of the facility, The Pinell~ County Schools science and
agribusiness offices will remain responsible for curriculum upgrading and may make
suggestions to the City for maintenance and upgrading of the facility as technology and
service needs change, All studies and demonstration projects will be shared with the
CITY, SWFWMD, and applicable educational programs throughout the county,
2, PROJECT SITE. The parcel of land on which the PROJECT will be located is
described in Exhibit "B" attached hereto,
3, EASEMENT. As a part of this Agreement, the BOARD hereby grants the CITY a
perpetual, non-exclusive drainage easement covering the land on which the PROJECT is
located (as described in Exhibit "B" attached hereto), In addition, the BOARD hereby grants
the CITY a temporary construction easement giving the CITY and its agents reasonable access
to the PROJECT site to allow for the construction of the PROJECT. Upon completion of the
PROJECT, said temporary construction easement automatically shall terminate, Thereafter,
the CITY shall have a perpetual, non-exclusive easement over the property described in
Exhibit "B" hereto for the following, limited purposes:
a. to provide the CITY and its agents with ingress and egress to the PROJECT for the
purposes described hereafter;
b, to allow the CITY to perform all post-construction monitoring and reporting required by
any and all permits issued for the PROJECT; and
c, to perform any maintenance work agreed to by the parties and to make any repairs that may
be needed,
If CITY staff requires the use of the Clearwater High School site for ingress/egress to
the PROJECT, CITY staff shall notify Clearwater High School administrative staff prior to
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entering the Clearwater ligh School site,
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No physical modification shall be made to the stormwater treatment facility, except as
provided in this Agreement, unless approved in writing by the CITY, by the BOARD, and by
any other Federal or State authorities having jurisdiction over the PROJECT.
4, CONTRACTOR. The CITY shall engage the services of a general contractor
through a competitive bid process to construct the PROJECT, Nothing contained herein shall
create any obligation on the part of the BOARD to defend any challenge brought by any offerer
regarding selection of the contractor, The contract between the CITY and the contractor shall
require a Performance, Payment and Guarantee Bond and the contractor's comprehensive
liability insurance shall name the SWFWMD, the CITY and the BOARD as additional
insureds. The CITY shall deliver proof of said insurance to the Board's Risk Management
Department, 301 4th Street SW, Largo, FL 34640,
5, COMPLIANCE WITH BOARD REOUIREMENTS. Coincident with the
PROJECT'S design, the CITY shall meet with BOARD staff to review the PROJECT'S design
to ensure the PROJECT will comply with all applicable BOARD requirements, Final design is
subject to approval by Board staff Thereafter. no material changes to the design shall be made
without the BOARD'S written consent, which consent shall not unreasonably be withheld.
6, PERMITS. The CITY shall act as the applicant of all permit applications required
for the PROJECT and shall be responsible for all applicable permit application fees,
7, FUNDING. Although the CITY contemplates that 50% of the cost of construction
of the PROJECT will be reimbursed to the CITY by the SWFWMD, the CITY nevertheless
shall be responsible for all costs associated with the design, permitting, construction
advertisement and construction administration of the PROJECT. The CITY shall be
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responsible for all post-clnstruction maintenance, monitoring andteporting that may be
identified in applicable permit(s) issued for the PROJECT,
S, REPORTING. The CITY shall provide the BOARD with copies of all reports,
models, studies, maps, construction and as-built plans and other documents resulting from the
PROJECT,
9, ASSIGNMENT, INSPECTION AND TERMINATION. The City and Board will
not assign this Agreement or sublet the premises or any part thereof without the written
consent of the other party. The Board, its officiers, agents and servants, shall have the right to
enter and inspect the subject premises and the operation being conducted thereon at reasonable
times.
This Agreement shall remain in effect unless terminated by either party as follows:
a, Upon breach of this Agreement by a party, the other party shall give written notice of
termination of this Agreement specifying the claimed breach and the action required to
cure the breach, If the breaching party fails to cure the breach within five (5) days from
receipt of said notice, then the contract shall terminate ten (10) days from receipt of the
written notice;
b, Either party may terminate this Agreement by giving written notice to the other party that
the Agreement will terminate one (1) year from the receipt of said notice by the other
party ,
Upon termination of this Agreement for any reason or upon reversion of the drainage
easement to the Board, and upon notice by the Board, the City shall remove any Project
improvements within the drainage easement, subject to issuance by SWFWMD of a permit to
remove water-quality ponds.
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10, RELEASE OF INFOiMATION. The CITY shall not conduit any verbal or written
media interviews or issue press releases on or about the PROJECT without prior approval
from the BOARD,
1 L NOTICES. All written notices to the CITY and the BOARD under this Agreement
shall be sufficient if sent by the parties in the United States mail, postage paid, to
the addresses noted below:
CITY:
BOARD:
Michael D, Quillen, P,E.
City of Clearwater
Engineering Department/
Environmental Management
P,O, Box 4748
Clearwater, F1 34618-4748
Dr. J, Howard Hinesley
Superintendent of Schools
Pinellas County Schools
P,O, Box 2942
Largo. F1 34649-2942
12. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be
constructed to benefit any person or entity not a party to this Agreement.
13, MODIFICATIONS. This Agreement constitutes the entire agreement between the
parties and may be amended only by a written mutual agreement specifically referencing this
Agreement and signed by all parties hereto,
14, INDEMNIFICATION. The CITY hereby indemnifies and
holds harmless the BOARD for any damages or liabilities incurred by the BOARD (including
legal fees) resulting from negligent and/or faulty design. construction, operation, or repair, of
the PROJECT, provided, however, that the maximum sum for which the CITY shall be
exposed to liability in this paragraph 14 shall not exceed those sums of money permissible
under and by the terms of Section 768.28, Florida Statutes,
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15, ATTORNEYS' FEES. Should either party employ an attorney or attorneys to
enforce any of the provisions hereof, or to protect its interest in any matter arising under this
Agreement, or to recover damages for the breach of this Agreement, the party prevailing
shall be entitled to recover from the other party all reasonable costs, charges and expenses,
including attorneys' fees, expended or incurred in connection therewith,
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have
executed this Agreement as of the date first above written.
Signed, sealed and delivered in the presence of:
issioner
THE SCHOOL BOARD OF PINELLAS
COUNTY, FLORIDA
&//Y1~ 1v.?*",~*1
By: Chairman
CITY OF CLEARWATER, FLORIDA
By:
Attest:
r~;. '~'.' )j~..l).n,
~ynthia E. Goudeau
Attest:
ApprOved as to form 'and legal sufficiency
~~
ity Attorney's Office
AQas to form
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Date: 1- '2-1 - 9 7
Date:
agreemm\CHS.914
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SE Conwr Lot 18
8ROOKSlDE S1JBO''-1SlON
PB. 31 - 11
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LEGAL DESCRIPTION:
Commence ot the SE corner of Lot 18
Brookside Sub, pb 31 -11 thence run
N04'-45'-01"W, 310' to the P.O.B" thence
continue N04"-45'-01"W, 939.17', to a point
on the South R-O-W of Gulf To Bay Blvd.,
thence S89' - 22' -0 1 "E, 20', thence
S04'-45' -36"E, 514.37', thence S11' -28' -20"E,
78,19', thence S03'-05'-32"E, 43,56' to a point
on the south line of a 15' Utility Easement
as recorded in OX 2409 page 635
of the public records of Pinellas County Fla.,
thence along said south line S89'-21 '-01 "E,
52,34', thence S04'-45' -01 "E, 303.04', thence
S89' -42' -41 "w, 80,24' to the P,O.B.
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Construction and
Maintenance Easement
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EXHIBIT B
96025b.DWG
10/29/96 - B.V.D.
N(lte: ThIIIBnot.:lsul"'o'eyl
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GULF TO BAY BLvO~
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LEGAL DESCRIPTION:
Commence at the SE corner of Lot 18
Brookside Sub, pb 31-11 thence run
N04'-45'-01"W, 310' to the P,O.B., thence
continue N04' -45' -01 "w, 939.17', to a point
on the South R-O-W of Gulf To Bay Blvd.,
thence 589' -22' -0 1 "E, 20', thence
S04'-45'-36"E, 514.37', thence S11'-28'-20"E,
78. 19', thence 503'-05' -32"E, 43.56' to a point
on the south line of a 15' Utility Easement
as recorded in O.R. 2409 page 635
of the public records of Pinellas County Fla.,
thence along said south line 589'-21 '-01 "E,
52.34', thence S04'-45' -01 "E, 303,04', thence
589' -42' -41 "w, 80.24' to the P,O.B.
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Construction and
Maintenance Easement
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