TRANSIT BUS SHELTER AND BUS PAD CONSTRUCTION AGREEMENT
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TRANSIT BUS SHELTER AND BUS PAD CONSTRUCTION AGREEMENT
THIS TRANSIT BUS SHELTER AND BUS PAD CONSTRUCTION AGREEMENT, executed
this ,Ja~ day of . ~ ' 199~, by and between the CITY OF
CLEARWATER, a municipality, reinafter "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 PSTA desiring to construct Transit Bus Shelters and related
appurtenances within the municipal limits of the CITY and the CITY acting as
applicant on permit applications for construction of Transit Bus Shelter and
related appurtenances in State of Florida and Pinellas County rights-of-way
on behalf of the PSTA, the CITY and PSTA hereby covenant and agree as
follows:
1. The CITY agrees to sign as applicant for permit applications to the
Florida Department of Transportation, hereinafter "FDOT", and permit
applications to Pinellas County, hereinafter "Pinellas" as may be required
for PSTA system improvements and appurtenances to be constructed in FDOT and
Pinellas County rights-of-way.
2. The PSTA shall obtain a no fee permit for construction of improvements
in CITY rights-of-way.
3. The PSTA shall assume all obligations and responsibilities incumbent
upon the CITY by virtue of said permits 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 adjacent premises.
4. The PSTA agrees that under no circumstances will signs of any kind, with
the exception of route signs, be affixed to the shelters or benches.
5. The PSTA shall indemnify and hold harmless the CITY it's 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 I imi ted 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.
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6. All permit applications shall be prepared by PSTA in full compliance with
the requirements of the CITY, FDOT and Pinellas including all land surveying,
construction drawings, detail drawings, professional engineering
certifications, and requests for additional information from FDOT and
Pinellas.
7. PSTA shall be responsible for all construction of proposed improvements
including, maintenance, and required certifications of construction.
8. PSTA shall be responsible to obtain easements and any necessary building
permits for the construction of all proposed improvements which are outside
of the right-of-way. Building permits issued by the CITY shall be no fee.
9. Upon termination of this agreement, PSTA shall remove any or all Transit
Bus Shelters and related appurtenances from the premises at its cost. Either
party has the right to cancel this agreement for any purpose or reason upon
giving thirty (30) days written notice.
DATED this
I do '+L-..
day of
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, 199~.
PINELLAS SUNCOAST TRANSIT AUTHORITY
BY. /? C - .
. Roge1~feeZ~
Executive Director
AP~, ~;1S~.~ ORM:
, ;V~
PS Generrl /counsel
CITY OF CLEARWATER, FLORIDA
BY: ~ kr~
Elizabet M. De ula
City Man ger
Approved as to form and legal
SUffi~iffncy :~
f~ ~ -
Office of th City Attorney
ATTEST:
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Cynt . a E...'Goud~au:.;
city lerk-'-_ -
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BUSAGREE.TCX