AGREEMENT RE LITTLE PASS (SAND KEY) BRIDGE (3)
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A G R E E MEN T
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~ I :h~ AGREEMENT made and entered into this 7 - day of
~. ,A. D. 1961, by and between the CITY OF CLEARWATER,
a municipality, created and existing under the laws of the State of
Florida, party of the first part, and hereinafter called the City,
and BERNARD F. POWELL, MARY STARR POWELL, NORA ~ffiE PEABODY and ROGER
L. STEVENS joined by his wife CHRISTINE STEVENS, parties of the second
part;
i1VITNESSETH:
(I) It is recognized and agreed by and between the parties
hereto that the intent of this Agreement is to set forth a plan and
program for cooperation between the parties hereto and to specify the
promises made each to the other in regard to the matters to which this
Agreement relates.
(2) It is declared by the parties that on the part of the City
that the purpose of this Agreement is to secure the aid, cooperation
and assistance of parties of the second part in order to accomplish
the erection and construction of a certain bridge connecting Clearwater
Beach and Sand Key in Pinellas County, to be known as Little Pass
Bridge, and hereinafter called the Bridge, and to secure rights-of-way
for the approach roads thereto and to provide for the construction and
paving of such roads and the providing of adequate drainage facilities
therefor, and to annex certain lands of parties of the second part on
Sand Key into the City of Clearwater.
(3) It is declared by the parties that on the part of parties
of the second part, the purpose of this Agreement is to offer and
promise aid, assistance and cooperation as herein specified to the City
in the accomplishment of the purposes of the City as set forth above.
(4) In order to effectuate the above purposes, the parties
hereto, for and in consideration of the sum of One Dollar (~I.OO) and
other valuable consideration and the promises made by the parties each
to the other, as set forth herein, do agree to do and perform the
matters and things as set forth herein.
(5) It is recognized and agreed by the parties that this
instrument embraces the whole of the agreement of the parties hereto
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in respect to the matters to which this Agreement relates and it is
further recognized and agreed that the agreements and promises con-
tained herein constitute a correlated plan or program for the complete
accomplishment of the project to which this Agreement relates and that
each of such agreements and promises are inter-related and the perfor-
mance of each by the parties is dependent upon the performance by the
other of said promises and agreements.
(6) It is agreed by the parties that the map attached hereto
and made a part hereof by reference as Item 1 is a true and correct
representation of the area of land and water to which this Agreement
relates.
(7) It is understood by the parties that the City has hereto-
fore validated certain revenue certificates in the amount of $1,500,000.00
as appears in the records of the Circuit Court of Pinellas County, Flori-
da, and particularly in Chancery File No. 56,912 thereof, and the City
anticipates selling such certificates to defray costs of erection and
construction of the Bridge, the acquisition of rights-of-way for approach
roads thereto and the construction and paving of such approach roads,
and providing adequate drainage facilities therefor, but that the sale
of such certificates and entering into a contract for construction and
erection of such Bridge is dependent and contingent upon parties of the
second part acquiring and dedicating to the City, without cost to the
City, right-of-way for the approach road to the south end of said
Bridge, said right-of-way being described on the map attached hereto.
It is expressly understood and agreed that no part of the ac-
quisition of such right-of-way nor the construction of the road or the
paving of the same, or providing drainage facilities therefor shall be
paid for or defrayed from the general revenues of the City of Clearwater,
and this contract shall not be construed to so obligate the City.
(8) It is recognized that in order to acquire sufficient land
to provide and dedicate ade~uate right-of-way for the approach road to
the south end of the Bridge, that it will be necessary for parties of
the second part to acquire from the Trustees of the Internal Improvement
Fund of the State of Florida certain submerged lands adjacent to Sand
Key, and parties of the second part agree to immediately apply to and
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begin negotiations with said Trustees for acquisition of such sub-
merged lands, which lands are located on the map attached hereto,
but in no event shall parties of the second part be obligated to
acquire said lands at a purchase price in excess of that which they
are willing to pay, and if said lands cannot be acquired at a pur-
chase price acceptable to parties of the second part, then this Agree-
ment shall be null and void and the parties released each by the other
from any further obligation to do and perfom the things herein pro-
vided.
The City agrees to make full disclosure of its plans and
proposals to the Trustees, and to give such assistance as possible to
parties of the second part in the acquisition of such submerged lands,
including the filing, if necessary, of a copy of this Agreement with
said Trustees.
(9) Upon acquisition by parties of the second part of the
submerged lands from the Trustees of the Internal Improvement Fund,
they will simultaneously, with the delivery of deed to such submerged
lands to parties of the second part, enter into a contract or agree-
ment with the City for depositing appropriate instruments of dedication
of the right-of-way aforesaid to the City, or its nominee, in escrow,
conditioned that said instruments of dedication shall be delivered to
the City at the time the City enters into and executes contract for
construction of the Bridge, or at such earlier time as such parties
may mutually agree upon.
(10) It is understood and agreed that in the event parties
of the second part acquire the submerged land indicated on the map
and dedicate the right-of-way to the City, that the fill material for
the construction-of the approach road will be-obtEined from Clearwater
Bay east of the bulkhead line as now established on property of the
parties of the second part on Sand Key.
(11) It is recognized by the parties that upon completion of
the Bridge and the approach roads thereto, that it will be desirable
that the City annex into the City of Clea~,ater the lands of parties
of the second part on Sand Key and parties of the second part agree
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that upo~ such comnletion of the construction of the Bridge and the ap-
proach roads thereto, they will consent to, or if necessary, will apply
to the City of Clearwater for annexation of said lands into the City of
Clearwater and will cooperate with the City in the annexation of said
lands. Parties of the second part covenant that this Agreement includes
all of their land located on Sand Key and they will not resist or oppose
annexation thereof by the City pursuant to Chapter 171.04, Florida Statutes.
(12) It is understood and agreed that upon annexation of the
territory into the City of Clearwater that utility service will be af-
forded such annexed territory on the same basis as other areas within the
City.
It is understood and agreed that parties of the second part may,
at their option, make application for annexation prior to completion of
construction of the Bridge and approach roads thereto, and the City agrees
to annex such territory upon parties of the second part making such appli-
cation.
IN WITNESS ','-lHERE, BERNARD F. POWELL, r.JARY STARR PO~mLL, NORA r,IAE
PEABODY and ROGER L. STEVENS joined by his wife CHRISTINE STEVENS have
hereunto affixed their hands and seals, and the CITY OF CLEARWATER has
caused its corporate name to be signed and its seal affixed by the Mayor-
Commissioner and attested by its City Clerk, the day and year first
above written.
Signed,
in the
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sealed and delivered
resence of:
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. Bernard F. owell
~(\"J\d ~-\<.UVv-+(H ,. oe:fl
Mary Starr Powell
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r.l, Nora ]'ila, e peabod, y
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ger ~: S~ev~~~,
~C.L, ~t~
'cChri'st-ine i::itevens
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
CITY OF
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By
Approved as to form and
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City tto rtey
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*See Cormnission minutes of
November 6, 1961
City
C NTERSIGNED, ~")~, ,'" ~,".,,' ",
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~City Manager
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(SEAL)