ROADWAY TRANSFER AGREEMENT - WATKINS ROAD - WEST OF BAY AVENUEROADWAY TRANSFER AGREEMENT
WATKINS ROAD - WEST OF BAY AVENUE
THIS ROADWAY TRANSFER AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into between the CITY OF CLEARWATER (hereinafter
referred to as "the CITY"), a municipal corporation organized and existing under the laws of the
State of Florida whose address is 600 Cleveland Street, Clearwater, Florida 33755, and the TOWN
OF BELLEAIR (hereinafter referred to as "the TOWN"), a municipal corporation organized and
existing under the laws of the State of Florida whose address is 901 Ponce de Leon Boulevard,
Belleair, Florida 33756, hereinafter collectively referred to as "the PARTIES."
WITNESSETH
WHEREAS, Florida Statute § 163.01(4) authorizes a public agency of the State of Florida
to exercise jointly with any other public agency of the State of Florida any power, privilege, or
authority which such agencies share in common and which each might exercise separately; and
WHEREAS, cities and towns are included in the definition of a "public agency" pursuant
to Florida Statute § 163.01(3)(b); and
WHEREAS, Florida Statute § 163.01(17) provides that "[i]n any agreement entered into
pursuant to this section, any public agency ... may, in its discretion, grant, sell, donate, dedicate,
lease or otherwise convey, title, easements or use rights in real property, including tax -reverted
real property, title to which is in such public agency ... to any other public agency .... Any public
agency ... is authorized to grant such interests in real property or use rights without consideration
when in its discretion it is determined to be in the public interest. Real property and interests in
real property granted or conveyed to such public agency ... shall be for the public purposes
contemplated in the interlocal agreement ...: ; and
WHEREAS, Florida Statute § 335.01(1) provides that "[a]11 roads which are open and
available for use by the public and dedicated to the public use, according to law or by prescription,
are hereby declared to be, and are established as, public roads"; and
WHEREAS, public roads may be transferred between jurisdictions only by mutual
agreement of the affected governmental entities pursuant to Florida Statute § 335.0415(3); and
WHEREAS, this Agreement is authorized by the aforementioned Florida Statutes and
other applicable law; and
WHEREAS, the CITY owns a certain portion of Watkins Road west of Bay Avenue, a
public road (hereinafter referred to as "the ROAD"), and the CITY and the TOWN have
determined that it is in the best interests of the PARTIES to enter into this Agreement to transfer
title to the ROAD from the CITY to the TOWN.
NOW THEREFORE, in consideration of the promises, mutual covenants, and conditions
contained herein, the PARTIES agree as follows:
Page 1 of 4
SECTION 1: RECITALS
The recitals set forth above are incorporated herein by reference and are made a part of this
Agreement.
SECTION 2: TRANSFER AND ACCEPTANCE OF ROAD
The CITY agrees to grant, transfer, and convey to the TOWN, and the TOWN agrees to
accept, all of the CITY'S right, title, and interest in the ROAD, more fully described and depicted
in the sketch and legal description contained in "Exhibit A" which is attached hereto and
incorporated herein, subject to the following conditions:
1. The CITY agrees to mill and repave the ROAD before transferring same to the TOWN.
The costs for milling and repaving the ROAD shall be borne equally by the CITY and the TOWN
and, upon completion of the milling and repaving of the ROAD by the CITY, the CITY shall remit
to the TOWN an invoice for the TOWN'S equal share of the costs, to be paid by the TOWN.
2. Following the TOWN'S receipt of the aforementioned invoice, the TOWN shall
authorize and approve 1) payment for the TOWN'S share of the costs for milling and repaving the
ROAD as reflected by the invoice and 2) the acquisition of the ROAD. Following receipt of the
TOWN'S payment to the CITY for the aforementioned milling and repaving of the ROAD, the
CITY shall execute and record a Deed granting, transferring, and conveying title to the ROAD to
the TOWN.
3. The 6" Water Main located along the north side of the ROAD shall continue to be owned
by the CITY following the transfer of title to the ROAD to the TOWN and, within 30 days of the
CITY'S recording of the aforementioned Deed, the TOWN shall grant and release unto the CITY
a Right -of -Way Easement over, under, across, and through the ROAD for the purposes of
operating, maintaining, repairing, replacing, and removing the subject Water Main.
SECTION 3: INDEMNIFICATION/SOVEREIGN IMMUNITY
Except as otherwise provided in this Agreement, neither the CITY nor the TOWN shall be
liable for the negligent or wrongful acts of the other in the performance of this Agreement. Nothing
in this Section is intended to serve as a waiver, expressed or implied, of the CITY'S or the
TOWN'S sovereign immunity or an increase in the limits of liability contained in Florida Statute
§ 768.28, regardless of whether any such obligations are based in tort, contract, statute, or
otherwise.
SECTION 4: NOTICES
Any notice, demand, request, or other instrument given under this Agreement shall be
delivered by 1) United States mail, postage prepaid, certified or registered mail, return receipt
requested; or 2) via electronic mail at the addresses provided below. Such addresses may be
changed by written notice to the other party in accordance with this paragraph.
Page 2 of 4
CITY
City of Clearwater
Attn: City Manager
600 Cleveland Street
Clearwater, Florida 33755
jennifer.poirrier@myclearwater.com
TOWN
Town of Belleair
Attn: Town Manager
901 Ponce de Leon Boulevard
Belleair, Florida 33756
glancaster@townofbelleair.net
SECTION 5: EFFECTIVE DATE, RECORDING, AND TERMJNATION
This Agreement and any subsequent amendments hereto shall be signed by both the CITY
and the TOWN, and this Agreement and any subsequent amendments hereto shall become
effective upon the filing of the same with the Clerk of the Circuit Court for Pinellas County as
required by Florida Statute § 163.01(11). The TOWN shall be responsible for the costs associated
with recording this Agreement and any subsequent amendments. This Agreement shall not
terminate without the express written Agreement of both the CITY and the TOWN.
SECTION 6: ENTIRE AGREEMENT AND AMENDMENTS
This Agreement, including the Exhibits hereto, constitutes the entire Agreement between
the CITY and the TOWN concerning the matters addressed herein. No amendment, modification,
or alteration of the terms of this Agreement shall be binding unless the same is in writing, signed
by both PARTIES, dated concurrent or subsequent to the date of this Agreement, and recorded in
the manner set forth in Section 5 of this Agreement.
SECTION 7: SEVERABILITY
Should any Section or any part of any Section of this Agreement be rendered void, invalid,
or unenforceable by any court of law, for any reason, such determination shall not render void,
invalid, or unenforceable any other Section or any part of any Section in this Agreement.
SECTION 8: COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same Agreement.
SECTION 9: GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of Florida,
and venue for any proceedings arising out of this Agreement shall be in the Sixth Judicial Circuit
in and for Pinellas County, Florida.
IN WITNESS WHEREOF, the CITY OF CLEARWATER has made and executed this
Agreement, through its City Council, signing by and through its Mayor as authorized to execute
the same by City Council action, on the )7i -t% day of laeJ, vMy , 2925' A0a+(0
Page 3 of 4
ATTEST:
By:
CITY OF CLEARWATER
By:
Rosemarie Call, City Clerk Bruce R o ayor
orm:
f0?"-% David Margolis, City, Attorney
IN WITNESS WHEREOF, the TOWN OF BELLEAIR has made and executed this
Agreement, through its Town Commission, signing by and through its Mayor as authorized to
execute the same by Town Commission action, on the / 7441 day of
, 2025.
ATTEST:
By:
hristine Nicole, Town Clerk
Approv o ' orm:
Jay Daigne.. t, Town Attorney
TOWN OF BELLEAIR
By:
Page 4 of 4
Michael Wilkinson, Mayor
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(60' RNV)
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A REPEAT OP SUPPLER MANOR
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City of Clearweterrtown
of Meair City Limits tine property Llno
Lot 4
Lot 11
Lot 8
Lot 10 1
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Lot 2
Lot 1
Legal Description
PID: 21-29.15.00000-120.1800
Vacated ROW per OR
5189 PG 1453
N.T.S.
Legal Description:
A proposed Roadway Transfer;
Being more particularly described as follows:
That part of Watkins Road Tying within the City Limits of Clearwater and abutting Block B, Bay Parkway (platted
street name) Bay Avenue current street name and Lake Avenue (platted street name) Waters Avenue current street
name of Westover Subdivison as recorded In Plat Book 18, Page 25 of the Public Records of Pinellas County,
Florida.
Containing 0.40 acres ±
This is not a survey
CITY OF CLEARWATER
DEPARTMENT OF PUBLIC WORKS -
ENGINEERING
DRAWN BY
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CHECKED BY
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Proposed Roadway Transfer
MITT
1 OF 1
SECT-TtWNSP.RNG 21 - 295 - 15E
DATE DRAWN 03/3112025
Cee. gym.
Lg1..2025.02
EXHIBIT A