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FUNDING AGREEMENT
Docusign Envelope ID:55766AO5-CA83-834F-8358-FA53FFCDOD21 FUNDING AGREEMENT Courtney Campbell Causeway Trailhead a City of Clearwater Prosect This Funding Agreement (the "Agreement") is made as of 14Cf 2 , 2026, by and between THE TRUST FOR PUBLIC LAND, a California nonprofit public benefit corporation ("TPL') and City of Clearwater, a municipality of the State of Florida ("CITY") TPL and CITY may hereinafter collectively be referred to in this Agreement as the "Parties" and individually as a "Party" RECITALS A The addresses and telephone numbers of the Parties to this Agreement areas follows(please note that telephone numbers are provided for informational purposes only) TPL City of Clearwater The Trust for Public Land City of Clearwater 1834 Hermitage Blvd, Suite 100 Parks & recreation Department Tallahassee, FL 100 South Myrtle Avenue Attn Charles Hines, Florida Gulf Coast Clearwater, FL 33756 Trail Program Director Attn Art Kader, Director Tel (942) 223-2870 Tel (727) 562-4800 Charles hines@tpl org Email art kader@mvclearwater com With copy to With copy to City of Clearwater The Trust for Public Land Parks & recreation Department 1834 Hermitage Blvd, Suite 100 100 South Myrtle Avenue Tallahassee, FL Clearwater, FL 33756 Attn Joy Leggett-Murphy, Legal Counsel Attn Mark Parry, Sr Program Div Mgr Joy leegettmurphy@tpl org Tel (727) 562-4800 Email mark parry@mvclearwater com B TPL is a conservation organization having among its purposes the acquisition and improvement of parks, open space, scenic and recreational lands, and trails for the benefit of the public and communities throughout the United States C CITY is a Florida municipality located in Pinellas County, Florida D The Florida Gulf Coast Trail (FGCT) Is an ambitious plan to create a 420-mile regional trail in southwest Florida A portion of the FGCT runs along the Courtney Campbell Causeway, an eight-mile bridge and roadway that carries State Road 60 (SR 60) across Old Tampa Bay, connecting the City of Tampa in Hillsborough County to the City of Clearwater in Pinellas County 1 Docusign Envelope ID:55766AO5-CA83-834F-8358-FA53FFCDOD21 E In 2024, Hurricanes Helene and Milton swept away mature trees and damaged infrastructure along the causeway, leaving users exposed to heat TPL is working with partners at Pinellas and Hillsborough counties to create picnic shelters and other amenities along the causeway to restore this key segment of the Florida Gulf Coast Trail F CITY currently has a project to create a new trailhead park on the corner of SR 60 and Bayshore Boulevard for the SR 60 pedestrian overpass which is expected to be completed by the end of 2026 (SR60 Trailhead Park) G TPL applied for and received a grant from Expedia, Inc to support and fund trail construction and trail enhancement projects across the United States (TPL Grant) H TPL desires to support and partially fund the enhancement of the SR60 Trailhead Park with a portion of the TPL Grant I CITY intends to utilize the funds donated by TPL under this Agreement (Project Funds) to renovate the Bayshore Trail along Bayshore Drive, with improvements including, but not limited to the construction of a new trailhead at the intersection of the Bayshore Trail and Courtney Campbell Causeway Trail including pavement, benches, trash receptacles, picnic tables, drinking fountain, bicycle racks, and signage (Project) as shown on Attachment A, attached hereto and made part hereof THE PARTIES AGREE AS FOLLOWS 1 Project Funds Disbursal TPL agrees to provide CITY with Project Funds In the amount of $216,000 00 to be paid In two Installments The first Installment of$108,000 00 will be made within 20 business days after execution of this Agreement by all parties The second Installment of $108,000 00 will be made within 10 business days of the Project being Construction Ready The Project is "Construction Ready" when (a) Permits or Approvals In Place All material approvals, permits and consents required to commence construction have been obtained (b) Implementation Contract or Work Order Executed A construction contract, work order or equivalent authorization has been fully executed with a qualified contractor(s), or an internal crew has been formally assigned with a defined scope covering the Project work (c) Construction Schedule and Implementation Plan Confirmed A brief written plan has been shared with TPL including anticipated start date, mayor tasks or phases, and expected substantial completion date (d) Initial Mobilization Underway or Imminent At least one of the following is true Materials have been ordered, mobilization of crews to site has begun, or early site preparation activities have commenced or are scheduled to commence within three (3) weeks 2 Purpose and Uses of Project Funds All Project Funds shall be used only towards the installation of a new Bayshore Trail Trailhead The overall long-term (two-year plan) Includes several improvements to the Bayshore Trail including the replacement of an existing wooden —2- Docusign Envelope ID:55766AO5-CA83-834F-8358-FA53FFCDOD21 boardwalk with a new boardwalk constructed of more durable composite materials, as well as the replacement of aging exercise equipment along the western edge of adjacent Cooper's Bayou Park generally at the north terminus of the Bayshore trail in Clearwater before it transitions Into neighboring Safety Harbor Additional improvement will also include Informational/educational signage along trail noting flora and fauna The specific component of the overall project (Attachment A) for which the subject funds will be used is a new trallhead at the Intersection of the Bayshore Trail and the Courtney Campbell Causeway Trail The proposed trallhead will be located near the entrance to the soon-to-be completed pedestrian overpass as well as right outside the City's Visitor/Welcome Center operated by Amplify Clearwater It should be noted that while the Welcome Center site and the Trallhead are difference properties they will operate In tandem supporting each other as one large Trallhead facility The Trallhead will Include benches, trash receptacles, picnic tables, a drinking fountain, a bicycle rack, bike repair station, , Informational signage, and new landscaping Adirondack chairs (several standard-sized as well as one oversized for photo opportunities will be placed at the noted Welcome Center but will contribute to the Trallhead It Is Important to note that the proposed funding will pay only for the physical improvements and not for any prior design work The Parties agree and acknowledge that the Project Funds constitute a donation of funds to CITY by TPL for the purposes described herein, and TPL shall have no obligation to provide any additional funding once the Project Funds have been exhausted by CITY CITY acknowledges and agrees that it will not use any of the Project Funds for any lobbying efforts or to support or oppose any candidate for public office CITY shall not use the Project Funds In any attempt to Influence legislation within the meaning of Internal Revenue Code Sections 501(h), 4911, 4945 (d)(1), or 4945(e) 3 Delays or Modifications CITY shall notify TPL In writing within fifteen (15) days of any anticipated delay of three (3) months or significant change In project scope and deliverables In the event a Project purpose becomes impracticable or Infeasible,orthe Project Is complete and there are unexpended funds, CITY shall notify TPL Immediately 4 Reporting CITY agrees to provide TPL with the following reports (a) Milestone updates confirming achievement of the payment trigger, i e the Project is Construction Ready, as specified in Section 1 above, (b) An annual progress report Including financial statement of Project Funds expenditures and if the annual report Is the final project report, Include quantitative metrics (i a miles of trail created or restored, trallhead Improvements installed, people served, dollars leveraged, social engagement rates), narrative description and photographs where rights are available, (c) A final project report at completion Including quantitative metrics (I a miles of trail created or restored, trallhead Improvements Installed, estimation of people served, dollars leveraged, social engagement rates), narrative description and photographs where rights are available The Information from these reports may be shared publicly CITY acknowledges and consents to TPL's and Expedia's use of Project Information and approved photography for that purpose —3- Docusign Envelope ID:55766AO5-CA83-834F-8358-FA53FFCDOD21 subject to the mutual approval process described below in Section 5 5 Publicity and Use of Name and Logo Any publicity materials regarding the TPL Grant or Project Funds or mentioning either Party or Expedia, Inc (including its affiliates), including press releases, social media posts, articles or other public materials must be pre-approved in writing by both Parties before publication Each Party agrees to respond to a review request within fifteen (15) business days, failure to respond within this time shall be deemed disapproval For time sensitive materials tied to a specific public announcement or event,the requesting Party may designate a request as expedited in which case the reviewing party agrees to respond within five (5) business days, failure to respond within this time will be deemed disapproval City grants TPL and Expedia the right to use its name and logo and a description of the Project on their websites or In any public announcement(s) related to this Agreement, subject to the mutual approval process described in this section 6 Signage CITY agrees to Install on-site signage (or similar recognition) recognizing TPL's and Expedia's support of the Project Signage design will be provided by TPL and Expedia, Inc, and any changes must be approved in writing by TPL and Expedia, Inc prior to fabrication and Installation CITY shall coordinate with TPL to designate location of the signage 7 Duration The terms and conditions contained In this Agreement shall be binding on all Parties until the exhaustion of the Project Funds for the purposes stated herein 8 No Liability Neither TPL or Expedia, Inc, nor any of their officers,employees, or agents,shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY during the Projector otherwise with the Project Funds In the unlikely event that any third party seeks to hold TPL or Expedia, Inc responsible for the actions of CITY relating to the Project,the Project Funds, or this Agreement, CITY shall indemnify for any and all claims, liabilities, losses and expenses (including reasonable attorneys' fees) directly, Indirectly, wholly or partially arising from or in connection with any act or omission of CITY, Its employees, or agents, in expending or applying the Project Funds, or in carrying out any project or program to be supported by the Project Funds, except to the extent that such claims, liabilities, losses or expenses arise from any act or commission of TPL and/or Expedia, their officers, directors, employees or agents 9 Representations TPL and CITY each represent to the other Party that it has full power and authority to enter into this Agreement and that the execution of this Agreement will not constitute a breach or default under any agreement to which TPL or CITY, respectively, is bound Each Individual signing this Agreement on behalf of TPL or CITY certifies that he/she has full power and authority to sign on behalf of their respective entitles and to bind such entities to this Agreement 10 Assignment of Rights and Benefits No Party to this Agreement may assign or convey any rights, benefits, obligations or liabilities arising from or connected with the TPL Grant to any other party without the written consent of the other Party —4- Docusign Envelope ID:55766AO5-CA83-834F-8358-FA53FFCDOD21 11 Agreement Modification This Agreement constitutes the entire agreement between TPL and CITY pertaining to the Project Funds and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties with respect to the Project Funds Modifications within the scope of the Agreement shall be made by mutual consent of the Parties, by the issuance of a written modification, signed and dated by all Parties, prior to any changes being performed 12 Counterparts This document may be executed In one or more counterparts, each of which, so executed and delivered, shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument Signature and acknowledgement pages may be detached from the counterparts and attached to a single copy of this document to form one document This document may also be executed and delivered via electronic signature platform, facsimile, scan, or PDF and an electronic signature, facsimile scan, or PDF signature shall have the same force and effect as an original signature 13 Participation in Similar Activities This Agreement in no way restricts the Parties from entering into other agreements with respect to similar purposes or properties 14 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida 15 Binding Effect This Agreement will be binding upon the heirs, successors, assigns, and representatives of the Parties hereto 16 Severability If any provision, in whole or In part, of this Agreement should be found to be invalid or unenforceable, it will not affect the validity of any other provisions within this Agreement, which will continue to bind the Parties 17 Notices All notices, requests, demands, approvals, consents or other communications required or permitted by this Agreement must be addressed as set forth in Recital A, be In writing, and be sent by (i) nationally recognized overnight courier, or (ii) email and will be deemed received (1) if delivered by overnight courier, when received as evidenced by a receipt, or(2) if transmitted by email, upon transmission, provided that the sender does not receive any indication that the email has not been successfully transmitted Notice of change of address must be given by written notice and in the manner detailed in this Section_18 Refection or other refusal to accept or the inability to deliver because of changed address of which no notice was given will be deemed to constitute receipt of the notice, demand, request or other communication sent 18 Interpretation, Understanding of Agreement The headings of this Agreement are inserted for convenience and Identification purposes only and are not intended to describe, Interpret, define, or limit the scope, extent, or intent of this Agreement or any provisions hereof Each —5- Docusign Envelope ID:55766AO5-CA83-834F-8358-FA53FFCDOD21 Party to this Agreement has substantial experience with the subject matter of this Agreement and has each fully participated in the negotiation and drafting of this Agreement and has been advised by counsel of Its choice with respect to the subject matter hereof Accordingly, this Agreement will be construed without regard to the rule that ambiguities In a document are to be construed against the drafter Each Party represents and warrants to the other that it has completely read and fully understands the provisions of this Agreement, and In executing this Agreement It has not relied on any promise or representation made by any person other than the promises and representations expressly stated In this Agreement 19 Incorporation of Exhibits and Recitals All exhibits attached to this Agreement and the Recitals contained In this Agreement are incorporated Into this Agreement by reference [Remainder of this Page Intentionally Left Blank, Signatures Appear on Following Page] —6- Docusign Envelope ID:55766AO5-CA83-834F-8358-FA53FFCDOD21 IN WITNESS of the foregoing provisions, the Parties have signed this Agreement as of the dates appearing next to their respective signatures below THE TRUST FOR PUBLIC LAND, a California nonprofit public benefit corporation By _[ Signed by: �tln Sa ('SS Name Lindsay Cross Title Florida State Director Date 10/5/2026 16:49 AM pkT 6 Countersigned CITY OF CLEARWATER, FLORIDA By By Bruce Rec Jen r irrier Mayor City Manager Date Id 2026 Approved as to form Attest By By issa Isabel Rosemarie Call .`,��`�� Assistant City Attorney City Clerk ,h BUS44�®��� —7- i Docusign Envelope ID:55766AO5-CA83-834F-8358-FA53FFCDOD21 EXHIBIT A COURTNEY CAMPBELL CAUSEWAY/BAYSHORE TRAILHEAD AMENITIES PLANS REMAINDER OF THIS PAGE LEFT BLANK ON PURPOSE -8- WOU IIfO 31VC SiNaMf OO NO11O0 819NOO-N NVd OV3HIIVN1098 S N31VMi V310 C ooa"_ L II-ug " 6 E E E E o a� wa� w@ E E E E c O C C C C @ O O O O'Z �LUUUUU C2 ao � (L.yLo c O'E u U O ° c. a w C\I LL O@ v g a E z Q:Q.Fa)U� z z �v < LLIW ; H m W u WLU ui75 �Q >� 7 Lim O `� O r€€ O 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