06-15
RESOLUTION NO. 06-15
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
ROADWAY TRANSFER AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
CLEARWATER FOR THE ROADWAY TRANSFER OF S.R. 60/
CLEVELAND STREET /GULF-TO-BAY BOULEVARD TO CITY
JURISDICTION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the DEPARTMENT and the CITY have mutually agreed on
the transfer of S.R. 60/Cleveland Street/Gulf-to-Bay Boulevard from 0.476 miles West
of Pierce Boulevard to Highland Avenue, and this transfer was approved by the
Secretary, Florida Department of Transportation on the 21st day of August, 2000; and
WHEREAS, the DEPARTMENT and the CITY have mutually agreed to
amend the said roadway transfer agreement with respect to the effective date of
transfer and with respect to remuneration from the DEPARTMENT to the CITY for the
express purpose of the resurfacing of Cleveland Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the amendment
to the roadway transfer agreement between the Florida Department of Transportation and
the City of Clearwater and authorizes the execution of the same.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
1$.""" day of ~' 2006.
-/~~r ~
Frank V. Hibbard .
Mayor
Approved as to form:
pal-I!: K. Akin
City Attorney
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Resolution No. 06-15
AMENDMENTTOTHEROADWAYTRANSFERAGREEMENTBET~ENTHE
FLORIDA DEPARTMENT OF TRANSPORTATION / CITY OF CLEARWATER
FOR THE ROADWAY TRANSFER OF
S.R. 60/CLEVELAND STREET/GULF - TO-BAY BOULEVARD
TO CITY JURISDICTION
THIS AMENDMENT made and entered into this 13th day of February, 2006, by and between the
FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter
called the DEPARTMENT, and the CITY OF CLEARWATER, hereinafter called the CITY.
WITNESSETH
WHEREAS, the DEPARTMENT and the CITY have mutually agreed on the transfer of S.R.
60/Cleveland Street/Gulf-to-Bay Boulevard from 0.476 miles West of Pierce Boulevard to Highland
Avenue, and this transfer was approved by the Secretary, Florida Department of Transportation on the 21 sl
day of August, 2000,
WHEREAS, the DEPARTMENT and the CITY have mutually agreed to amend the said roadway
transfer agreement with respect to the effective date of transfer and with respect to remuneration from the
DEPARTMENT to the CITY for the express purpose of the resurfacing of Cleveland Street,
NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants
and promises herein contained, and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the CITY and the DEPARTMENT agree as set forth below:
This Amendment sets forth the terms and conditions under which the DEPARTMENT and the CITY will
abide, commencing on the date of approval by the Secretary of the Florida Department ofTransPQrtation.
Except as set forth below, all terms of the said Agreement remain in force and full effect.
TERMS OF THE AMENDMENT AGREEMENT
I. Roadway Transfer of S.R. 60/Cleveland Street/Gulf-to-Bay Boulevard from 0.476 miles West of
Pierce Boulevard to Highland Avenue, from the State Highway System to the City of Clearwater
Road System:
(a) The roadway transfer ofSR 60/Cleveland Street/Gulf-to-Bay Boulevard shall be effective on the
28th day of February, 2006, and upon approval of this Amendment by the Secretary of the Florida
Department of Transportation.
(b) The DEPARTMENT will enter into a separate Joint Participation Agreement (JPA) with the
CITY for the express purpose of providing to the CITY state funds in the amount of $436,000
(four-hundred thirty-six thousand dollars) for preliminary engineering activities as programmed in
the Department's Adopted Five Y ear Work Program as Financial Project Number 411336-1 in
fiscal year 2006 and in the amount of$1 ,857,670 (one million eight-hundredfifty ~eVen thousand,
six hundred seventy dollars), as programmed in the Department's Adopted Five Year Work
Program as Financial Project Number 411336-1 in fiscal year 2008 as compensation to the CITY
for its construction of the resurfacing of S.R. 60/Cleveland Street from Myrtle Avenue to
Frederica Lane.
(c) The CITY in consideration of the above stated compensation shall incorporate the resurfacing of
Cleveland Street, from Myrtle Avenue to Frederica Lane, into the its comprehensive corridor
streetscape plan to be started during state fiscal year 2008, or sooner. The CITY shall be solely
responsible for any costs of resurfacing this segment of roadway that are over and above the
compensation amount herein stated.
(d) This Amendment is made pursuant to Chapter 339.135 (6)(a), Florida Statutes, which states:
"The department, during any fiscal year, shall not expend money, incur any liability, or enter into
any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract, verbal or written,
made in violation of this subsection is null and void, and no money may be paid on such contract.
The department shall require a statement from the comptroller of the department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding 1 year, but any
contract so made shall be executory only for the value of the services to be rendered or agreed to
be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all
contracts of the department which are for an amount in excess of$25,000 and which have a term
for a period of more than 1 year."
All words used herein in the singular form shall extend to and include the plural. All words used in the
plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all gender.
This Amendment shall be governed by and construed in accordance with the laws of the State of Florida.
Each Party is an independent contractor and is not an agent of the other party. Nothing contained in this
Amendment shall be construed to create any fiduciary relationship between the parties, during or after the
performance of this Amendment. Neither party shall have the authority to bind the other party to any
obligation whatsoever to any third party without the express specific written consent of the other.
No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal dignity herewith.
If any part of this Amendment shall be determined to be invalid or unenforceable by a court of competent
jurisdiction or by any other legally constituted body having the jurisdiction to make such determination,
the remainder of this Amendment shall remain in full force and effect provided that the part of this
Amendment thus invalidated or declared unenforceable is not material to the intended operation of this
Amendment.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and
year first above written.
CITY OF CLEARWATER
BY: -=!~ #//~
Frank-HitS'bard
Mayor-Commissioner
By:62~.~~
William B. Horne II
City Manager
LEGAL REVIEW
MJJ
Pam Akin
Assistant City Attorney
~~~~~~~t;4. Q.
City Clerk
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: &~v.1J ~~
Donald J. Skelton, P.E.
Distri even Secretary
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LEGAL REVIEW
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Di . Legal Counsel
ATTEST:
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