ACKNOWLEDGEMENT & CONSENT
,
-,.. -
ACKNOWLEDGEMENT & CONSENT
WHEREAS, the City of Clearwater, a Florida municipal corporation of the
State of Florida ("City"), and PACT, Inc., a Florida corporation ("PACT")
(collectively the "Parties"), have entered into that certain lease agreement dated
March 7, 2001 and ending March 6, 2031, (the "Lease"), said "Leased Premises"
being commonly known as Ruth Eckerd Hall addressed at 1111 McMullen Booth
Road, Clearwater, Florida; and,
WHEREAS, a portion of the Leased Premises was released on November
25, 2003 to allow City to construct and maintain the Alligator Lake Wetland
Creation & Stormwater Treatment Project, City Project No. 99-0020-EN
(hereafter "Project") which contemplates restoring 1.83 acres of wetland, creation
of 0.618 acres of new wetland, and filling 0.022 acres of existing wetland; and,
WHEREAS, the City now seeks to undertake the Project and a portion of
the Project activity lies within the Leased Premises, including ingress and egress
for the Project; and,
WHEREAS, PACT recognizes and acknowledges the benefits of closely
cooperating with the City in implementing the Project for the greater benefit of the
natural environment and the citizens of Clearwater;
NOW THEREFORE, in consideration of the mutual covenants set forth
herein, and other good and valuable consideration, the receipt of which are
hereby acknowledged, the Parties agree as follows:
1. PACT hereby acknowledges receipt of 90% Project plans and
consents to the City undertaking the Project as proposed, acknowledging that
Project plans may be further amended until 100% approval is achieved.
2. PACT further consents and agrees that throughout the period of
project development and implementation the City, its contractor, employees,
representatives and invitees, shall have the right and privilege of ingress and
egress to Project lands, for Project purposes, over and across Ruth Eckerd Drive
and adjoining roadways and parking lots as depicted in Exhibit "A" appended
hereto and made a part hereof.
3. The City covenants and agrees that it shall limit ingress and egress
for Project purposes to normal daytime working hours, and that its contractor,
employees, representatives and invitees shall not unreasonably interfere with
PACT's use of the Leased Premises as provided in the Lease.
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4. The City shall save and hold PACT, its successors and assigns,
harmless from any and all liability arising as a result of its acknowledgment and
consent as provided herein, from injury to person or property occasioned wholly
or in part by any negligent act or omission of the City, its contractors, employees,
representatives and invitees; provided, however, the City shall not be liable to
PACT for any damage or injury to the extent that same results from the negligent
acts of PACT, its servants, agents, employees, successors or assigns, and
provided further, that the extent of indemnification by the City under any
circumstances shall not exceed the limits of liability as set forth in Section
768.28, Florida Statutes, modify the doctrine of sovereign immunity, or be
construed as consent to be sued by third parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals this 3c~ day of lJ/tiJ'c.iL ,2007.
Signed & sealeld-~~h@rmaA. Romey
presence of: ;..!'t; My CommissiOn 002904141
~..,.d1 Ex es March 21, 2008
/l-n tL Ll - e" Li '-
WITN SS signature '
I ~ t' HVL A. R 0 Hlt-lj
Print WITNESS name I
PACT, Inc.
By:
~.^-. ~
Robert A. Freedman, President
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~ l / -~ 102 (c:v-
Print WITNESS name
COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA
By: -::f...-.-/ p( ~ ~~--n:
~rrank V. Hibbard . William B. Horne II
Mayor City Manager
App,roved as to form:
~?:r~
Assistant City Attorney
Attest:
Exhibit "A" (Sheet 1 of 2)
Haulin Route At Ruth Eckerd Hall
~ City of Clearwater Engineering Department .t
, ..
Exhibit "A" (Sheet 2 of 2)
Haulin Route At Ruth Eckerd Hall Sht.#2
~ City of Clearwater Engineering Department .+