93-8RESOLUTION NO. 93 -08
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH PINELLAS COUNTY REGARDING
UTILITY RELOCATION AND LAND ACQUISITION FOR
COUNTY ROAD 611 (McMULLEN BOOTH ROAD) FROM 1/8
MILE NORTH OF COUNTY ROAD 576 (MAIN STREET) TO
1/8 MILE SOUTH OF CURLEW ROAD (S.R. 586);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Pinellas County,
Florida, has heretofore been advised by the Pinellas County,
Director of Public Works that it is necessary and in the public
interest to widen, improve, and construct County Road 611 (McMullen
Booth Road) from 1/8 mile North of County Road 576 (Main Street) to
1/8 mile South of Curlew Road (S.R. 586), and
WHEREAS, this portion of County Road 611 (McMullen Booth Road)
from 1/8 mile North of County Road 576 (Main Street) to 1/8 mile
South of Curlew Road (S.R. 586), is designated an arterial road to
be used by the public on the Traffic Circulation Element of the
Pinellas County Comprehensive Plan (as adopted by Pinellas County
Ordinance 89 -32); and
WHEREAS, the City agrees to convey to Pinellas County certain
real property necessary to facilitate construction of the Project,
and in exchange for said property, Pinellas County agrees to
perform and assume the costs associated with all City utility
relocation within the limits of the Project and necessitated by
construction. of the Project, which costs otherwise would have been
the City's responsibility; and
WHEREAS, Section 2.01(d)(4) of the City Charter authorizes the
conveyance of surplus City property to another governmental entity
without referendum approval, without competitive bidding, and for
less than the appraised value; now, therefore,
BE IT RESOL'V'ED BY THE CITY C014MISSION OF THE
CITY OF CLEARWATER, FLORIDA'-
Section 1. The agreement between Pinellas County and the City
of Clearwater regarding County Road 611 (McMullen Booth Road) from
1/8 mile North of County Road 576 (Main Street) to 1/8 mile South
of Curlew Road (S.R. 586), a copy of which is attached hereto as
Exhibit A, is hereby approved, and the Mayor, City Manager, and
City Clerk are authorized to execute the agreement on behalf of the
City of Clearwater.
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Section 2. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 5th _ day of August , 1993.
4ita Garvey
Mayor - Commissioner
C n i.a E. Goudeau
CitClerk
RB611.w,s
5/26,93
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REVISED PACES
RE: 18
08/05/93
AGREEMENT
THIS AGREEMENT made this day of , 1993,
by and between PINELLAS COUNTY, a political subdivision of the State
of Florida, hereinafter called the "County ", and the CITY OF
CLEARWATER, a political subdivision of the State of Florida,
hereinafter called the "City ".
WITNESSETH:
WHEREAS, the County intends to commence a highway construction
project designated as COUNTY ROAD 611 (MCMULLEN BOOTH ROAD ) FROM 1/8
MILE NORTH OF COUNTY ROAD 576 (MAIN STREET) TO 1/8 MILE SOUTH OF
CURLEW ROAD (S.R. 586) (hereinafter called the "Project "); and
WHEREAS, the City has agreed to convey to the County certain
real property necessary to facilitate construction of the Project;
and
WHEREAS, in exchange for said property the County has agreed to
assume the costs associated with field adjustments of the City's Gas
mains (not to exceed $50,000), to eliminate conflicts with County
construction, and Perform and assume the full costs
associated with the design and relocation of City water and sanitary
sewer utilities (not to exceed $460,000) within the limits of the
Project and necessitated by construction of the Project, which costs
otherwise would have been the City's responsibility; and
EXHIBIT A
WHEREAS, the County further agrees that in exchange for the
value of the property conveyed by the City, the County will, on a
schedule to be determined by the County, construct at no expense to
the City, any widening or other improvement to Hercules Avenue,
attributable to the development of the City property located at 1701
North Hercules Avenue_,_ as shown on Utility Permit #93 -0178D and
which would otherwise be the responsibility of the City; and
WHEREAS, the City, by Resolution No. 93 -08, dated
1993, has authorized its officers to execute this
agreement on behalf of the City.
NOW.-THEREFORE, in consideration of the mutual covenants
hereinafter contained, it is agreed by the parties as follows:
1. Upon execution of this Agreement, the City shall deliver
to the County a Deed of Conveyance conveying fee simple title to
certain real property more particularly described in the attached
Exhibit "A ".
2. The County shall perform at its own expense (not to exceed
$460.000) all design and construction work associated with the
relocation of those City water and sanitary sewer utility facilities
presently located within the Project limits as included in the plans
and specifications prepared by the County's consultant and approved
by the City, which plans and specificaticns are made a part hereof by
2
reference, and assume the costs associated with field adjustments of
the City's Gas mains (not to exceed $50,000), to eliminate conflicts
with County construction.t— vas — gear €-
eandci —and
actre�d— t -#a4:— The City shall be responsible for any relocation costs
that occur as a result of any changes or additions requested by the
City that alter the intent and scope of the approved plans and
specifications.
3. The County shall be responsible for verifying the accuracy
of survey information relating to city -owned utilities and shall also
be responsible for any additional survey fees occasioned by changes
to the plans and specifications- --made•-°necessary by - errors and
...omissions in..the survey information.
4. The County shall be responsible for and the County shall
bear the expense of all engineering inspection, testing, and
monitoring of the relocation work.
5. Upon completion and acceptance of the work, the City shall
own, control, maintain and be responsible for all City utility
facilities involved according to the terms of the County's utility
permit. The City further agrees that it will maintain and keep in
repair or cause to be maintained and kept in repair, all such utility
facilities within the right of way of the County highway, and to
comply with all applicable provisions of law, and any other rules and
regulations pertaining there "o.
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6. The County
County, construct
will on --,.,a schedule to be
at no expense to the c'tv any
determined
widenincr
by the
or other
improvement to Hercules
Avenue,. attributable to
the development
of
the City property
located at 1701 North H mules
Avenue as
shown on
Utility Permit
#93 -0178D and which would
otherwise
be the
responsib" ty of
applied tewar-d the
the City.
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of preperty
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7. Noticing herein shall be construed to create any third party
.- beneficiary rights in any person not a party to this agreement.
8. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, it is agreed that
no deviation from 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
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written document executed with the same formality and of equal
dignity herewith.
9. This Agreement shall be governed, interpreted and construed
according to the laws of the State of Florida.
10. If any part 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 remain in
full force and effect provided that the part of this Agreement thus
invalidated or declared"unenforceable is not material to the intended
! .._.oiaeration of..-this _Agreement.
IN "WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by their duly authorized officers, and their
official seals hereto affixed the day and year first above written.
PINELLAS COUNTY, FLORIDA CITY OF CLEARWATER, FLORIDA
By: By:
(SEAL) (SEAL
ATTEST:
AGRIUS611 WIX.
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ATTEST:
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