TO PROVIDE BUS SHELTERS AT FREQUENTLY USED BUS STOPS
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A G R E E MEN T
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THIS AGREEMENT made and entered into this)( day of
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Florida, constituted under Chapter 70-907, Special Acts of Florida, 1970,
hereinafter referred to as IITransit Authorityll, and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as
IICityll ;
WIT N E SSE T H :
WHEREAS, the TrqnsitAuthority is.desirous of providing bus
shelters at frequently u~ed'bus stops in the City of Clearwater; and
WHEREAS, the City of Clearwater owns the rights-of-way at
those locations; and
WHEREAS, the City is agreeable to allowing the Transit Authority
to utilize an area of approximately 14 feet bY 9 feet of the right-of-way
for the purpose of erecting bus shelters at each of the locations; and
WHEREAS, the City feels that such use by the Transit Authority
is in the best interest of the public and in providing bus service to
the community;
NOW, THEREFORE, the Transit Authority and the City, for and in
consideration of the convenants herein contained, and for other good and
valuable considerations, agree as follows:
1. That the Transit Authority is authorized to use approximately
14 feet by 9 feet of the rights-of-way at locations approved by the City
Engineer.
2. The Transit Authority will be responsible for the design
and construction of the shelters, concrete foundations, and other devices
needed for the operation of the bus shelter facility, subject to all
devices meeting the approval of the City Engineer and the Traffic Engineer
prior to installation. The Transit Authority will also be responsible
for the design, construction and maintenance of any shelters constructed
under prior agreements. Such design construction and maintenance shall be
at the expense of the Transit Authority.
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3. That City will not require payment for the use of the
rights-of-way.
4. This Agreement will be made for a period of twenty-four (24)
months commencing on the date of this agreement, and shall automatically
renew for a like term under the same terms and conditions thereafter,
unless there is a notification of termination by either one of the parties
sixty (60) days preceding the end of any such term.
5. The City reserves the right to immediately terminate this
agreement and use being made of the rights-of-way should the City
Commission determine that the rights-of-way are needed for other public
purposes. In the event of such termination, the City agrees to provide
the Transit Authority with 60 days written notice of the termination and
the Transit Authority agrees, following receipt of such notice, to
remove any or all shelters at its cost.
6. The Transit Authority agrees to assume all responsibility
for any liability resulting from the Transit Authority's use of the
property as set forth in this agreement and furthermore the Transit
Authority agrees to assume defense of and hold the City harmless from
any and all claims for personal injury or property damage arising out of
the use of the rights-of-way as described in this Agreement for bus
shelters.
7, Upon termination of this Agreement. the Transit Authority
will restore the rights-of-way, at no cost to the City, to the
configuration existing on the date of the execution of this Agreement.
8. The Transit Authority agrees that permission to use the
rights-of-way areas identified in this Agreement for a bus shelter or
shelters shall not be construed to confer upon it any property interest
in the rights-of-way area where the shelter is located.
9. All notices hereunder shall be sent to the Pine11as
Suncoast Transit Authority, 14840 - 49th Street North, Clearwater,
Florida 33520 and to the City of Clearwater, City Manager, P.O. Box 4748,
Clearwater, Florida 33518.
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IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Witnesses:
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As to Transit Authority
form and
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CENTRAL PINELLAS TRANSIT AUTHORITY
By W~/~".f
Transit Director
By
Attest:
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July 31, 1984
Mr. Keith Crawford, Traffic Engineer
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33518
Dear Keith:
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Pinp;"-.:r::s Suncoast
T.an...,t ALrthorTty
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Telephone (813) ~.'36. -780e " I'
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TRAFFIC ENGINEERING
RECEIVED
'AUG 6 1984
CITY CLERK
Please find attached two (2) executed copies of the agreement for the Trolley
operation and two (2) executed copies of the agreement on bus shelters located
in Clearwater.
Sincerely,
PINELLAS SUNCOAST TRANSIT AUTHORITY
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Wilbur P. Barnes
Executive Director
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Enclosures
C)l P I e:-S
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