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TRANSIT BUS SHELTER AND SCHOOL BUS SHELTER PERMIT - THE CITY WILL SUBMIT A PERMIT APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION " ~..) ~ ~ . *",- ' I I .. BUS SHELTER AGREEMENT THIS BUS SHELTER AGREEMENT, executed this /~~day of ~ , 199,5; by and between the CITY OF CLEARWATER, a munrcrpaiity, hereinafter "CITY", and the PINELLAS SUNCOAST TRANSIT AUTHORITY, a regional transportation authority, hereinafter "PSTA". WITNESS: That in consideration of the covenants herein contained, and in consideration of the CITY acting as applicant on the attached "Transit Bus Shelter and School Bus Shelter Permit" on behalf of the PSTA, the CITY and PSTA hereby covenant and agree as follows: 1. The CITY agrees to submit a permit application to the Florida Department of Transportation hereinafter "FDOT", for the following location(s): a. PSTA Job #100-7 525 Belcher Road (Gulf to Bay Plaza) located on Gulf to Bay (SR 60) b. PSTA Job #100-8 2165 Gulf to Bay (SR 60) c. PSTA Job #100-9 2130 Gulf to Bay (SR 60) 2. The PSTA shall assume all obligations and responsibilities incumbent upon the CITY by virtue of said permit and/or by virtue of Florida statutes and/or Florida Administrative Code relating to such permits, including, but not limited to, the construction, maintenance, and upkeep of the permitted shelter and adj acent premises. The PSTA agrees that under no circumstances will signs of Kind~with the ex~ption of route signs, be affixed to the shelters benc s. ~e=s 3//'fJ9 . . . 3-. e PSTA shall l.ndemnl.fy and hold harmless the CITY, l.ts agents and employees, from and against any and all actions, claims, losses or expenses (including attorney's costs) for any damages because of bodily injury, or property damage, including loss of use thereof , resulting from the PSTA' s construction, maintenance, upkeep and use of the shelter and adjacent premises. The obligation of PSTA to indemnify, defend and hold harmless the CITY under this Agreement is limited to the same extent the PSTA would otherwise be obligated directly to third persons under existing law or to the extent provided under Chapter 768.28, Florida Statutes, whichever is less. This section shall not be construed as waiving any defense, immunity from liability or limitation of liability which the CITY or PSTA may have against any claim or cause of action by any person not. a party to this Agreement, under the doctrine of sovereign immunity or Chapter 768.28, Florida Statutes. any or (ii!,' ~ or ,-I '/., ,,' ^ I (JI/; f r;., "'-_# ;:r '" '. r I I 4. Upon termination of this agreement, PSTA shall remove any or all of its property from the premises at its cost. Either party has the right to cancel tnis q.q. ree~nt fBr any purpose or reason upon giving t.hirty (30) days Vf>~\tElf~hrrstl~~ d~y~~r<t~ 199~. Attest: AUTHORITY "-~~~-~ -.;:::, ~ G..~ cS,. S; ~ ,,~~ << \.......~'" o..C ta Garvey Mayor-Commissione Approved as to form and legal sufficiency: ~~ J '~~t[JJ~_~. Off~Y~fthe Clty Attorney BY: CITY OF CLEARWATER, FLORIDA BY: ttN,fJ.9 E~izabeth . DeB ula Cl.ty Mana er Attest: _ 1':l4J~~ G9C~de~ ., . //, -- ~./ .