MAINTENANCE AGREEMENTMAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT made by and between PINELLAS COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as the County) and the CITY OF
CLEARWATER, a municipal corporation of the State of Florida (herein referred to as the City).
RECITALS
WHEREAS, a section of Drew Street median County Numbered Road (CR 528) located at Drew
Street and Old Coachman Road is in need of landscaping; and
WHEREAS, the City desires to beautify the median on Drew Street which will include landscaping
and irrigation; and
WHEREAS, the County will be approving the construction plans submitted by the City; and
WHEREAS, the County is in agreement that the City can install landscaping and an irrigation
system pursuant to the approved engineering plans and the corresponding Right -of -Way
Utilization Permit RUP18-0806 both of which are adopted and incorporated herein by reference.
NOW THEREFORE, in consideration of the mutual covenants herein contained and the benefits
to be derived by the Parties to this Agreement and other good and valuable consideration hereby
acknowledged, the Parties agree as follows:
SECTION 1
COUNTY'S COMMITMENT
1. The County hereby agrees that the City can install landscaping and an irrigation system
pursuant to approved engineering plans for work to be done within the Drew Street median.
2. The County shall provide timely review of the City's application for Right-of-way Utilization
permits relative thereto. Said applications shall not be unreasonably denied by the County.
SECTION 2
CITY'S COMMITMENT
1. The City shall install the landscaping and irrigation system within the Drew Street median in
accordance with Right-of-way Utilization Permit RUP18-0806.
2. The City agrees to maintain said improvements at all times and, at its expense, including,
but not necessarily limited to, the landscaping and irrigation system.
If contracting with a third party for the construction, installation, and/or maintenance
permitted herein, the City shall require that the third party carry insurance in an amount equal
to or greater than that specified by the County's Risk Management Department and
that the County be added as a first party primary additional insured to its Commercial
General Liability Policy.
3. The City shall indemnify and cause any third -party contractor to indemnify the County.
4. The City agrees to indemnify, hold harmless, pay on behalf of, defend the County and pay
the costs of defense of the County and its agents and employees from and against all claims,
damages, losses and expenses, including, arising out of or resulting from the City's
maintenance of the permitted facilities. The City consents to be sued by third parties for any
alleged failure to properly maintain the landscaping and irrigation system should said claim
arise during the term of this agreement. Nothing herein shall be construed as a waiver of
sovereign immunity.
5. Any contract entered into by the City in furtherance of the activities permitted by this
Agreement shall contain the following indemnification language:
"The Contractor agrees to indemnify, hold harmless, pay on behalf of,
defend Pinellas County, its officers, agents, and employees, and pay the
costs of defense of Pinellas County and its agents and employees from
and against all claims, damages, losses and expenses arising out of or
resulting from the Contractor's actions pursuant to this Agreement."
SECTION 3
EFFECTIVE DATE
This Agreement shall take effect immediately upon filing with the Clerk of the Circuit Court
in Pinellas County in accordance with Florida Statutes, Section 163.01(11) (2016) and
shall continue in full force and affect unless and until terminated. Should the City opt to
discontinue maintenance of the improvements constructed pursuant hereto, the City shall
provide thirty (30) days written notification to the County and additionally shall remove, at
the City's sole expense, the improvements and restore the County's property to its original
condition.
SECTION 4
AMENDMENT OR MODIFICATIONS
This Agreement shall not be amended or modified without written consent by each party hereto.
SECTION 5
DEFAULT
Should the City not abide by the terms outlined herein, the City shall automatically be found in
default of this Agreement and the corresponding Right-of-way Utilization Permit. Upon written
notice given by the County, the City shall have 60 days to cure the default. If the default is not
cured, this Agreement and corresponding Right-of-way Utilization Permit shall immediately
terminate unless otherwise agreed in writing by the County. Should the County choose to remove
the improvements made by the City and restore the County's property to its original condition, the
City shall be liable for all costs associated therewith.
SECTION 6
ENTIRE AGREEMENT
This Agreement shall constitute the entire Agreement between the Parties. Any prior
understanding or representation of any kind preceding the date of this Agreement and not
expressly incorporated herein shall not be binding on either party.
SECTION 7
MISCELLANEOUS PROVISIONS
1. If any word, clause, sentence or paragraph of the Agreement is held invalid, the remainder
of this Agreement shall remain in full force.
2. This Agreement shall be construed in accordance with the laws of the State of Florida and
venue for any action brought pursuant hereto shall be in Pinellas County.
3. Nothing herein shall be construed to create any third party beneficiary rights in any person
not a party to this Agreement.
4. All notices required by law and by this Agreement to be given by one (1) party to the other
shall be in writing and shall be sent to the following respective addresses:
COUNTY: Rahim Harji, PE
Director of Public Works
Department of Public Works
22211 US Highway 19
Clearwater, FL 33756
Phone: 727-464-8900
Email: rhariipinellascountv.orq
CITY: Kevin Dunbar
Director, Parks and Recreation
City of Clearwater
100 S Myrtle Avenue
Clearwater, FL 33756
Phone: 727-562-4823
Email: Kevin.dunbar(cr�mvclearwater.com
. Both Parties acknowledge ledge that the records ' to this Agreement and the carrying out of
the obigations hereunder are subject to the provisions of Florida Statukss, Chapter 119.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreementan the date of the
last signature as set forth below.
George N. Credos
Mayor
PINELLAS COUNTY, FLORIDA
By and through Its County Administrator
:
Woodard, County Administrator
October 10, 2018
APPROVED AS TO FORM
CITY OF CLEARWATER, FLORIDA
By;t1:),L13"."-ar
WMam B. Home n
City Manager