AGREEMENT - HOMESTEAD OAKS/ABBEY LAKE ROAD
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A G R E E MEN T
THIS AGREEMENT is entered into this ".~ day of .J C..UI~
1987, by and between PIONEER DEVELOPMENT GROUP, INC., a Florida corporation,
hereinafter referred to as PDG, and the CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation, hereinafter referred to as the City.
WIT N E SSE T H
WHEREAS, PDG is the owner in fee simple title of 18.36 acres of
undeveloped land located in Clearwater, Florida, which is proposed to be
platted into 38 single family lots known as Homestead Oaks Subdivision,
and
WHEREAS, PDG intends to hire a Contractor to install various subdivision
improvements with the scope of such work to include the construction of
Abbey Lake Road to Main Street, and
WHEREAS, The City desires to achieve the construc tion of Abbey Lake
Road from proposed Homestead Court to Main Street and is willing to pay
a proportionate share of such construction cost, and
WHEREAS, the parties hereto desire to reach agreement concerning the
City f s obligation to reimburse PDG for a portion of the cost of extending
Abbey Lake Road;
NOW THEREFORE, in consideration of the mutual promises herein made
and in order to consummate the foregoing, the parties hereto agree as follows:
1. PDG shall hire a Contractor to perform all work necessary to
extend Abbey Lake Road, which work shall be performed in accordance with
plans and specifications prepared by Appenzeller, Boyd & Zarra (ABZ) and
approved by the City Engineering Division, said plans and specifications
hereinafter referred to as the "Plans".
2. PDG shall provide for the construction of a 24-foot rural road
section and accompanying drainage improvements and intersection improvements
as more specifically shown on the Plans and Exhibit A attached hereto.
The City acknowledges that the Plans have been approved by the City Engineering
Division and said Plans are hereby incorporated into this Agreement by reference.
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3. The City shall reimburse PDG for 40% of the cost of improvements
for Abbey Lake Road as specifically identified as Offsite Work on Pages
P-8 through P-ll of the contract with Jim Paige Corporation (Contractor),
which pages are attached hereto as Exhibit "A".
The City's 40% share of
these costs is estimated at $19,774.80. The actual amount of reimbursement
to PDG shall be based on actual measured quantities and lump sum prices
paid to the Contractor by PDG and certified by ABZ, but shall not exceed
$25,000.00 unless payment of an amount in excess of $25,000.00 has been
approved by the City Commission.
4. The City shall pay all of its share of costs set forth in this
Agreement in one lump sum payment which shall become due and payable upon
completion and acceptance by the City of all work required relative to
the extension of Abbey Lake Road.
S. The City shall assist PDG and ABZ in obtaining a utility license
from Pinellas County and a City Right of Way Work Permit as required for
the connection to Main Street.
6. The Contractor shall be deemed to be an agent or employee of
PDG at all times and not an agent or employee of the City.
The City's
J.iabili ty under this Agreement shall be J.imi ted to reimbursement of PDG
of the costs of improvements as described in jaragraph 3. upon the completion
and acceptance of all work required, and the City's liability shall be
to PDG only and not to any person not a party to this Agreement.
This
Agreement shall give rise to no other liability on the part of the City,
expressed or implied.
PDG shall appear, defend, indemnify, and hold City
harmless from any and all claims arising or asserted under this Agreement
of any nature whatsoever, except for the City's failure to reimburse PDG
when reimbursement is due and payable under this Agreement.
7. In the event that it becomes necessary for either party to enforce
this Agreement by legal process, all costs of such proceedings, incl uding
a reasonable attorney's fee, shall be paid by the defaulting party.
8. This Agreement shall be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the year and day first above written.
WITNf:SSES: \' ,
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PIONEER DEVELOPMENT GROUP, INC.
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Its Vice President
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Secretary
COUNTERSIGNED:
CITY OF CLEARWATER, FLORIDA
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ATTEST, 0 ~:;~;r~'-C tl.
By:
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APPROVED AS TO FORM AND CORRECTNESS:
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City Attorney'
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