MAINTENANCE AND OPERATION AGREEMENT PACT INC. RE PARKING FROM 10-01-98 TO 09-30-2003
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MAINTENANCE AND OPERATION AGREEMENT PACT. INC.
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THIS MAINTENANCE AND OPERATION AGREEMENT, dated this .2.L day
of '~O~ , 1998, between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter called "City", and PACT, Inc., a Florida non-profit
corporation, hereinafter called "PACT":
WITNES SETH:
WHEREAS, the City owns certain real estate adjacent to the Performing Arts
Center and Theater of PACT within the Richard B. Baumgardner Center for the
Performing Arts, more fully described herein; and
WHEREAS, the City has granted PACT an easement for ingress and egress over the
land described on Exhibit A, attached hereto, and an easement for parking over the land
described on Exhibit B, attached hereto; and
'WHEREAS, the City has-constructed an entry road and parking lot on said land,
the cost of which has been financed by the issuance of its Parking Revenue Bonds, Series
1983, in the face amount of $950,000, which to date have been retired in full;
NOW, THEREFORE, in consideration of the mutual promises herein contained and
of the prior actions taken in reliance on the parties prior agreements which are now
reduced to writing, the parties hereto agree as follows:
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1. The City shall operate and maintain as part of its parking system parking
lots located on the land described on Exhibit B, such operation and maintenance to
conform with standards utilized on other lots.
2. PACT shall pay the City on or before the tenth day of each month during the
term of this agreement, the sum of $2,205,00. This amount is composed of the annual
operating costs of the City. Both parties agree that prior to October 1" of each year, the
operating costs shall be subject to reexamination by the City to determine whether it is
calculated in a manner consistent throughout the parking system. The City reserves the
right as a part of such reexamination to change or adjust the payment following each
annual reexamination. Any applicable sales tax shall be paid by PACT.
3. In lieu of the payments required by the foregoing paragraph, the City may,
at its sole option, deduct any payment due hereunder from any payments due PACT by the
City.
4. The term of this Parking Use Agreement shall be for sixty months
commencing on the 1" day of October, 1998, and ending on the 30th day of September, 2003.
5. As one of its operating expenses, PACT shall maintain the grounds, plant
material, fencing, and lafills'capmg lo-cated at the entranceway, around and within the
parking areas and adjoining the Performing Arts Theater building.
6. The City shall pay the cost of electricity associated with the parking lots and
entranceway, maintenance of striping, signage, lighting, surfacing and sweeping of parking
lot, such costs to be included as part of the parking system expenses.
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7. Notice relating to any provisions ofthis agreement shall be sent to:
CITY:
City Manager, City of Clearwater
P.O, Box 4748
Clearwater, Florida 33758-4748
PACT:
Executive Director, PACT, Inc.
1111 McMullen Booth Road
Clearwater, Florida 33759
8. This agreement constitutes the entire agreement between the parties and
shall be governed by the laws of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and
year first above written.
CI Y OF CLEARWATER, FLORIDA
By:
Rita Garvey, Mayor-Commi oner
Michael J. Roberto, City Manager
Approved as to form and legal sufficiency:
Attest:
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John Carassas, Assistant City Attorney
WITNESSES:
By:
;jl4t / I
'MurkAlexander,4nterim Executive Director- ..
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That certain piece, parcel, or tract of land lying in and being part of the North Ih of Section 9,
Township 29 South, Range 16 East, Pinellas County, Florida, being set aside for use as a
permanent ingress and egress easement, with access roads being constructed within the
boundaries thereof as described as follows:
From the center of said Section 9, N 000 07' 43" E, and along the North-South centerline of
said Section, a distance of 54,0 feet for a P.O,B,; thence N 890 21' 08" W, and parallel with
the East-West centerline of said Section, a distance of 374.4 feet; thence N 00007' 43" E, and
parallel with the North-South centerline of said Section, a distance of 556,57 feet; thence N 890
18' 31" W, a distance of 911.28 feet to the West right-of-way of State Road No, 593 and/or
McMullen-Booth Road, a 100 foot right-of-way, as now established; thence N 000 07' 00" E,
and along said right-of-way, a distance of 60,0 feet to the Southwest corner of Kapok Manor
Condominium Village One, as recorded in Condominium Plat Book 22, pages 48 through 51
inclusive, Public Records of Pinellas County, Florida; thence S 890 18' 31" E, a distance of
1586.49 feet; thence S 000 07' 43" W, and parallel with the North-South centerline of said
Section 9, a distance of 616.06 feet; thence N 890 21' 08" W, and parallel with the East-West
centerline of said Section, a distance of 300.8 feet to the P,O.B.
EXHIBIT A
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A parcel of land lying in the south 'h of the North 1f2 of Section 9, Township 29 South, Range
16 East, Clearwater, Pinellas County, Florida, and being more particularly described as follows:
BEGIN at the center of said Section 9; thence N 890 21' 08" W, along the East-West centerline
of said Section, also being the North boundary of DEL ORO ESTATES, as recorded in Plat
Book 46, Page 29, of the Public Records of Pinellas County, Florida, for 695.52 feet to a point
lying 640.00 feet East of the centerline of McMULLEN-BOOTH ROAD (STATE ROAD 593);
thence N 00 07' 00" E 640.00' from and parallel with the centerline of said road, for 610,82
feet to a point lying 60,00 feet South of the southerly boundary of KAPOK MANOR
CONDOMINIUM VILLAGE ONE, as recorded in Plat Book 22, pages 48 through 51 of the
Public Records of Pinellas County, Florida; thence S 890 18' 31" E, 60,00 feet from and
parallel with said South boundary for 321.25 feet; thence S 00 07' 43" W, for 556.57 feet;
thence S 890 21' 08" E, for 374.40 feet, to a point on the North-South centerline of said Section
9; thence continue S 890 21' 08" E, for 300.80 feet; thence N 00 07' 43" E, for 616.06 feet;
thence N 890 18' 31" W, for 300.80 feet to the North-South centerline of said Section; thence
N 0007' 43" E along said North-South centerline for 550.00 feet; thence S 890 17' 05" E and
parallel with the North boundary of said South half of the North half of said Section, for 290,00
feet; thence N 0007' 43" E, for 50,00 feet; thence S 890 17' 05" E, for 17.02 feet; thence S
00 07' 43" W along a line 307.00' easterly from and parallel to the North-South centerline of
said Section, for 1269.94 feet to a point on the East-West centerline of said Section, also being
the North boundary of DEL ORO GROVES, as recorded in Plat Book 12, Page 2, of the Public
Records of Pinellas County, Florida; thence N 890 21' 08" W along said centerline for 307,02
feet to the POINT OF BEGINNING, and contains 9,33 acres, more or less,
EXHIBIT B