UTILIZATION AGREEMENTUTILIZATION AGREEMENT
MADE AND ENTERED INTO this day of 1995, by
and between the CITY OF CLEAR TER, FLOR , a Flor a Municipal
Corporation (herein "City"), and COMMUNITY 4R1% CHY CARE CENTER
OF CLEARWATER, INCORPORATED, a Florida Corporation not-for-profit
(herein "Community Pride"):
W I T N E S E T H:
WHEREAS, the City owns certain unimproved property as is more
particularly described in Exhibit "A" attached hereto ("City
parcel"); and
WHEREAS, Community Pride is in the process of or has completed
construction of expanded building facilities on its property
adjoining the southerly boundary of the City parcel; and
WHEREAS, Community Pride has previously requested that the
City allow it to construct a stormwater retention pond, as depicted
in Exhibit "B" attached hereto, upon the southerly 50 ft. by 124
ft., more or less, of the City parcel (the "premises") to comply
with its April 27, 1994 site plan approval (A-028650); and,
WHEREAS, the City was then willing, and is willing, to allow
Community Pride to utilize said premises for the purposes of
constructing and thereafter maintaining the stormwater retention
pond as approved in the aforesaid site plan;
NOW, THEREFORE, it is mutually agreed as follows:
1. For and in consideration of Ten Dollars ($10.00) apd the
promises and covenants set forth herein, the City did and does
grant to Community Pride the privilege of using the premises to
construct the pond in accordance with its site plan approval.
2. Community Pride shall pay all costs and expenses incident
to the construction and maintenance of the pond, including, but not
limited to compliance with all applicable Southwest Florida Water
Management District standards.
3. Community Pride shall maintain a Commercial General
Liability Insurance policy in force for the duration of this
agreement as follows:
a. Coverage shall be on an "Occurrence 11 basis, with the
minimum limits of coverage being $300,000 Per Occurrence Combined
Single Limit for Bodily Injury Liability and Property Damage
Liability, and shall contain a Pesticide/Herbicide exposure
endorsement.
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b. This policy of insurance shall provide coverage for
death, bodily injury, personal injury or property damage that could
arise directly or indirectly from the performance of this
Agreement.
c. The City shall be included and identified as an Additional
Insured under the policy and on the certificate of insurance.
d. All insurance policies required within this agreement
shall provide full coverage from the first dollar of exposure
unless otherwise stipulated. No deductibles will be accepted
without prior approval from the City.
e. A Certificate of Insurance meeting the requirements
specified herein shall be delivered to the City's Risk Management
office upon execution of this agreement by Community Pride.
f. The insurance coverages and conditions afforded by the
aforementioned policy shall not be suspended, voided, canceled or
modified except after thirty (30) days prior written notice by
certified mail, return receipt, has been given to the City's Risk
Management office.
4. Upon receipt by appropriate city staff of this agreement
executed by Community Pride, and deliverance of the Certificate of
Insurance to the City's Risk Management as described herein,
execution by City Officials shall be subject only to approval and
acceptance of this agreement by the Clearwater City commission.
5. If Community Pride for any reason and at any time during
the duration of this agreement should become a dissolved
corporation, or cease the use and operation of its adjoining
facilities, file for bankruptcy protection or become insolvent,
this agreement shall immediately terminate and both parties shall
thereafter be relieved of any further obligations hereunder.
6. The term of this agreement shall extend on a month to
month basis until such time as the City would require use of the
premises for incorporation within the boundaries of a larger pond
to be constructed and maintained at City expense.
7. Upon the city undertaking to construct a larger pond
incorporating the limits and capacity of the community Pride pond,
the City agrees to provide always that the stormwater requirements
of the Community Pride property constructed in accordance with the
aforementioned site plan approved by the City, shall be met by the
City's pond expansion.
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8. The City shall provide community Pride not less than
thirty (30) days written notice of its intent to proceed with
construction of the expanded pond. Upon commencement of
construction, the parties shall be released of any and all further
obligations under this agreement, and this agreement shall
thereafter become null and void in all respects.
9. Written notice by either party to the other shall be given
by certified mail, return receipt, to the following addresses:
If to the City: City of Clearwater
Attention: City Manager
P. O. Box 4748
Clearwater, Fl. 34618-4748
If to Community Pride: Community Pride Child Care
Center of Clearwater
Attention: Executive Director
1235 Holt Avenue
Clearwater, F1. 34615
10. Radon Gas Notification as required by Florida Statute
404.056(8):
RADON GAS: Radon is a naturally occurring radioactive
gas that, when it has accumulated in sufficient
quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found
in buildings in Florida. Additional informatio4
regarding Radon and Radon testing may be obtained
from your county public health unit.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
Signed, sealed and delivered
i the presence of:
WITNESS:
A 1.19i1.?t.? _ `7 y IG I ?.? aYX
COMMUNITY PRIDE CHILD CARE
CENTER OF CLEARWATER, INC.
By
--7 Prdsident
Attest:
WITNESS: Secretary
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Continued: Utilization Agreement
Parties City of'Clearwater, Florida, and
Community Pride Child Care Center of Clearwater, Inc.
Z C rzn" CITY OF CLEARWATER, FLORIDA
By: I At:
ita Ga vey Eli beth A. Deptula
Mayor-Commission city Manager
Approved as to form and
legal _suffjiciency: Attest:
Mile . Lance Cyn is E. Gcudeau,-City Clerk
Assistant City Attorney
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EXHIBIT "i?"
(LEGAL DESCRIPTION)
A portion of the Northeast q of Section 10, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly
described as follows:
commence at the Southwest corner of Lot 1, Block A, FAIR BURN
ADDITION, as recorded in Plat Book 12, Page 18 of the Public
Records of Pinellas County, Florida;,thence N 89112513311 West for
121.05 feet along the northerly right--of-way line of Engman Street
to a point on the easterly right-of-way line of Holt Avenue; thence
N 00°26'1011 East for 278.88'feet along said easterly right-of-way
line to a point on a line being 30.00 feet south of and parallel to
the easterly, prolongation of the northerly right-of-way line of
Russell Street, said point being the POINT OF BEGINNING; thence
continue along said easterly right-of--way line of Holt Avenue N
0002611011 East for 30.00 feet to a point on the northerly right-of-
way line of Russell Street; thence N 33.055139" East for 161.89
feet; thence N 75°58'08" East for 37.39 feet to a point on the
northerly prolongation of the west line of said Block "A"; thence
along said prolongation and the west line of said Block "A", S
01000109" West for 175.00 feet; thence N 89°15'57" West for 123.80
feet to the easterly right-of-way line of Hold Avenue and the POINT
OF BEGINNING.
Containing 14,472 square feet, more or less.
A
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