AGREEMENT FOR METERED PARKINGAGREEMEN7 FOR METEREp PARKING
THIS AGREEMENT FOR METERED PARKING made and entered into this a�c ��day of � 2011, by
and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as
"City," and PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to
"Co u nty."
W ITN ESSETH:
WHEREAS, the City and the County entered into Parking Agreements as follows: July 10, 19fi9,
and June 2, 1970, for parking Lots #12 and #13 a/k/a South Lot; August 19, 1975; Lots #19 and #20 a/k/a
North Lot and Northeast Lot respectively; August 9, 19ii, I.ot #21 a/k/a Northwest Lot; JAugust 9, 1977,
Lot 22 a/k/a West Lot; June 2, 1987, Lot #29 a/k/a East Lot, all cumulatively amended and restated in
the amended and Restated Agreement for Parking Meters dated May 12, 2000; and
WHEREAS, the City has installed and is desirous af continuing maintenance of such parking
meters and other parking appurtenances on the aforementioned lots for use of the public when on
busines5 at the County complex; and
WHEREAS, it is the considered opinion of both thE Caunty and City that such installation wauld
be of mutual advantage to the parties.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
considerations, receipt of which is hereby acknowledged, and the covenants to be perfarmed by the
Parties pur5uant to this Agreement, it is hereby agreed between the Parties hereto as fallows:
1. PREMISE5: The City agrees ta maintain parking meters as shown on Exhibit "A-1"
attached hereto and made apart hereof and furth�r described as:
A. Lot #12 
 a/k/a South Lot located on the County Courthouse Parking Lat
which lie5 at the Northeast corner of the intersection of Qak Street and
Chestnut Street.
B. Lot #19 a/k/a North Lot located at the Northeast corner of the intersection of
Court Street and Osceola described as the West half of Lot 2, Black 1 and Lot 1,
Block 2, of A.C. Turner's Subdivision, according to map or plat thereof as
recorded in Plat Book K Page 475 of the Public Retords of Pinellas County,
Florida.
C. Lot #20 a/k/a Northeast Parking Lot lying east of the building located at 440
Court Street and described as lots 40 through 42, Court Square Subdivision,
accarding ta map ar plat thereof as recorded in Plat Book 5, Page 53 of the
Public Records of Pinellas county, Florida.
D. Lot #21 a/k/a Northwest lot lying west and north of the building located at 310
Court Street.
E. Lot #22 a/k/a West Lot located at the 5outhwest corner of the intersection of
Court Street and Oak Avenue.
F. Lot #29 a/k/a East Lot lying in the Northwest corner of the intersection of South
Fr. Harrison and Chestnut Street described as a portion of Lots 1 and 2, Markley
Subdivision, and a portion of vacated right of way of Markley Street.
2. PARKING METER INVENTORY: 7here are currently 195 parking meters currently installed
an all the lots referenced above, and this inventory is subject to change pursuant to the
terms of this Agreement. The City reserves the right to transition the Premises, or any
portion thereof, to a different parking payment system, such as pay 5tations or any
other convenient, cost-effective technology available to the City in its sole discretion.
3. COUNTY MAINTENANCE: The County agrees to maintain at its expense at all times
during the continuance of this Agreement, the surface5 and curbings on and around the
said parking areas on its property and shall be responsible to anyone claiming damages
against the City or the County as a result of the County's sole negligence in maintaining
said Premises in a saf� condition to the extent permitted by law; and the City agrees to
be responsible far claims of anyone resulting from its sole negligence in maintaining the
parking meters, parking meter 5tandard5 and appurtenances on said property to the
extent permitted by law. This paragraph shall not be deemed to be a waiver of either
party's sovereign immunity.
4. CITY MAINTENANC� AND COLLECTIONS: 7he City agrees to all maintain city-installed
parking meters and parking appurtenances and to make all collections in the following
manner:
A. The City shall retain all proceeds from the said parking meters until the co5t of
any new parking meters, parking meter standards and appurtenances sa
installed subsequent to those already present at the execution of this contract,
together with the cost of in5tallation have been recouped in full. In the event
the old meter5 are sold, any proceeds �ess the cost of sales shall be applied
Coward the cost of the new meters.
After the cast af the said parking meters have been recouped by the Gity, then
the gross receipts from said meters 5hall be divided as follows: The City shall
receive sixty (60%) percent of said receipts and the County shall receive forty
(40%) percent of said receipts.
C. 7he City agrees to remit to the County its percentage of said collection at
reasonable intervals, not less frequently than once every three (3) manths,
during the term of this Agreement. The City agree5 to make collections from
the parking meters on County property separately, and agrees not to co-mingle
the funds so coll�cted with its parking meter receipts from other properties
until after a division of the collections from County property has been made as
aforementioned.
5. CHECK AND/QR INSP�Ci: The City agrees that the County may check and/or inspect any
and all procedures u5ed by the City and/or its agents in tollecting and disbursing the
funds collected fram the m�ters on County property, provided that such checking and
inspection is done at such time and in suth manner that no City emplayee is delayed or
hindered in the perfarmance of his/her duty.
6. TIME LIMITS: The County has the sole right to specify time limits on meters in the
aforementioned lots as lang as the limits are reasonable and tonsistent with other
municipal lots of a similar type. The County will consult with the City's Parking System
when 5pecifying parking meter time limits to be established or changed.
7. RESERVATION OF MEiER5: The County has the right to bag meter5 and/or reserve
parking spaces for special events ar valunteer workers with proper notification by
telecommunitations to Clearwater Engineering Department / Parking System.
8. RATES: The City has the right to control rates as long as they are consistent with other
municipal lots of similar type.
REPLACEMENT OF ME7ER5: The City may install replacement meters and other parking
appurtenances at their expens� and that expense will be recouped through parking fees
prior to the County and City sharing in the fees as described in Paragraph 4(A) and 4(B).
10. ADDITION/REDUCiION OF METERS: The Parties hereto mutually agree that the area
devoted to parking on the County property may be enlarged or contracted from time to
time by the Gounty. The City may reduce the number of ineters or install additional
meters on the County property, as agreed upon by both City and County. Furthermore,
The City reserves the right to transition the Premises, or any portion thereof, to a
different parking payment system, such as pay stations or any ather convenient, cost-
effective technology available to the City in its sole discretion.
11. RULES AND R�GULATIONS: The County covenants and agrees that the City shall during
the continuance of this Agreement have the exclusive right and authority to establish
and enforce all rules and regulations in connection with the operation of said parking
meters.
12. LICENSES AND 7AXES: The County shall during the cantinuance of this Agreement pay
all licenses and taxes of any type applicable to said parking facilities on its property.
13. COMMENCEMENT pATE; CANCELLATION: This Agreement shall commence on October
1, 2011, and shall remain in full force and effect until canceled by the mutual written
consent of the Parties or until canceled by either party giving written notice to the other
Party of such cancellation at least sixty (fi0) days in advance thereof, whereupon this
Agreement shall stand canceled and terminated and each party hereto shall be freed
and discharged from further liability and re5ponsibility hereunder from and after such
cancellation date. If said Agreement is canceled by the County befare the City has
recouped the full and complete cost of the parking meter standards and appurtenances
as hereinabove set out, then the county shall reimburse the City for the balance due and
owing thereon. Upon any tancellation, the City shall within thirty (30) days of the
effective date ther�of render to the County a final accounting and payment of any funds
due to the County.
14. OWNERSWIP OF METERS: All meters and appurtenances thereto installed by the City
either before or after the signing of this agreement shall at all times remain the property
of the City and the same shall be removEd without payment of any penalty therefare
but 5uch removal shall take place not later than thirty (30) days after the cancellation
and termination of this Agreement. In the removal thereof, the City shall exercise
reasonabl� care so as not to unnecessarily damage County property.
15. OThIER CONTRACTS: This Agreement replaces all previous parking Agreements between
the City and the County.
1G. NOT'ICES: All notices to the County shall be sent Certified mail to the following address
until otherwise informed:
Real Estate Management
Attentian: Dave DelMonte
509 East Avenue South
Clearwater, FL 33756
Informed:
City of Clearwater
Engineering/Parking System
Attention: Tratey Bruch
P.O. Box 4748
Clearwater, FL 33758-4748
17. BINDING: 1'he terms and provisians af this Agreement shall be binding upon the Parties
hereto, their successors and assigns.
18. FISCAL FUNDING: In the event funds are not budgEted and apprapriated by the County
in any sutteeding fiscal year for purposes descrihed herein, then this Agreement shall
be deemed to terminate at the expiration of the fiscal year for which funds were
appropriated and expended.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, The Parties hereto have caused these presents to be duly
execut�d the day and year first above written.
COUNTERSIGNED:
CITY OF CLEARWATER, FLORIDA
By: � �` By: � i /�f�
Print Name: Frank V. Mibbard Prin ame: William B. Horne II �
1'itle: Mayor 7itle: City Manager
(SEAL)
Print Name: Camilo Soto
Title: Assistant City Attorney
(SEAL)
WITNESS:
ATTEST:
ay• �v (
Print Name: Rosemarie
Title: City Clerk
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PINELLAS COUNTY, FLORIpA
By' 0 w7'1 � O B�
P' Name:.�7p4,� C' k rr,0 Print Name: Robert S. 1.a5 la
Title: County Administrator
(5EAL)
APPROVED AS TO FORM
OFFICE OF COUN7Y ATTORNEY
By: �.t.-�
ATTO RN EY
Exhibit "A-1"
Agreement for Metered Parking
City of Clearwater/downtown campus parking lots
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Jeanne\2011-0033 Exhibit A-l.doc