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91-06 , \ ~ .. e 8ESOLUTION NO. 91-6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A RECIPROCAL AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, PROVIDING FOR THE MUTUAL WAIVER OF ALL ACCESS PERMIT FEES: PROVIDING AN EFFECTIVE DATE. WHEREAS, the State ~f Florida, Department of Transportation (herein the IIDOTII), has established access permit fees for state highway system connection pernlits, but has provided that governmental entities are eligible for waivers from such fees upon execution of reciprocal agreements providing for the mutual waiver of all access permit fees: and WHEREAS, such an agreement has been prepared between the DOT and the City of Cleal~ater, and the City Commission has determined that the approval of the agreement is proper and in the public interest; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The reciprocal agreement between the DOT and the City of Clearwater for.the mutual waiver of all access permit fees, a copy of which is filed with the original of this resolution in the Office of the City Clerk, is hereby approved, and the City Manager and City Clerk are'authorized to execute the agreement upon the adoption of this resolution. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 7th day of March, 1991. ~~ Mayor-Commissioner Attest: .,. "l. .' _____ _OJ_&' ~ Q . RECIPROCAL AGREEMENT BETWEEN THE STATE OF FLORIDA DEPAR'I'MENT OF TRANSPORTATION AND THE CITY OF CLEARWATER, FLORIDA FOR THE MUTUAL WAIVER OF ALL ACCESS PERMIT FEES This Agreement, entered into this day of " 19 91 , by and between the State of F1c't'ida, (hereinafter l1ef?fcfced to as the "DEPARTMENT") and the City oi Clearwater, o~ aa 'political subdivision of the State of Florida/municipal corporation (hereinafter referred to as the CITY ). ~ . WIT N E SSE T H: WHEREAS, Rule 14-96.005(1), Florida Administrative Code, provides for a f~e structure f~r.State Highway System Connection Permits; and WHEREAS, said paragraph provides in part, "goverrunental entities applying for an access permit for governmental facilities are eligible for a waiver from the fee in such instances where the governmental entity has a reciprocal agreement to waive permit fees with the DEPARTMENT"; and WHEREAS, . this reciprocal agreement promotes a more . effective and efficient 'use of state and local resources; and WHEREAS, .the CITY by Resolution dated March 7, 1991 , a copy of which is attached hereto and made a part hereof, has authorized the Ci ty Manager of . the CITY to enter into this Aqreement... NOW, THEREFORE, in consideration of the mutual benefits 'to be derived from.each party's participation in this Agreement, the .parties agree as follows: . $ @ ~ I. L. The CITY shall waive all applicable access permit fees for the DEPARTMENT'S projects within its jurisdiction including, but not limited to maintenance projects, reconstruction projects and construc~ion projects. Such waiver shall be true in all instances where the DEPARTMENT applies for a permit from the. CITY including those times when application is made by the DEPARTMENT'S consultant or contractor. .' *the CITY or its consultant or contractor 2. The DEPARTMENT agrees to waive ~l applicable access permit fees for work to be performed by * . -.... on state Road right-of-way. such waiver shall not be applicable to any commercial activity. For the purpose of this Agreement, "conunercial activity" is defined as those activities wherein an entity is engaged in business for profit rather than the exercise of those goverfl:'11ental powers tradi t~onally exercised by government. 3. Either p~ty may terminate this Agreement without cause upon sixty (GO) days written notice. Such notice shall be by certified mail, return receipt requested. The party having received notice of termination may at its discretion terminate the Agreement immediately by providing written notice by certified mail, return receipt requested. 4. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements,. or understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation form the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. ~. It is further agreed that 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. 5. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 6. If any of this Agreement 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 Agreement shall remilin in fu~l force and effect provided that the part of the Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. ,I . . '.. . .( ,,' j " . ~ . e - "10; ;. . IN WITNESS WHEREOF, the ko'arties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated as of the date first above written. . AGENCY' : .' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION "- BY': . -..... M1cnae~ u. wrign~ BY: District Secretary TITLE: City Manager ATTEST: ATTEST: ( SEAL) Cynth~? E. ggudeau (SEAL) Executive Secretary . . TITLE: City clerk APPROVED AS TO FORM AND LEGALITY BY': Attorney FDOT . . .. . ." t 1- ;' . .: . ':.J , . , ,. ." " . 0" IJ