HomeMy WebLinkAbout2011-228D 2, 01 � �2� D
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BUS SHELTER AGREEMENT AND PERMIT
FOR USE OF PUBLIC RIGHT -OF WAY
This Bus Shelter Agreement ( hereinafter "Agreement" ) was made and entered into
as of the 8th day of NnvPmhar 2011 by and between the City of Vero
Beach , Florida , a Florida municipal corporation , having a mailing address of P . O . Box
1389 , Vero Beach , FL 32961 -1389 ( hereinafter " City" ) , and Board of County
Commissioners , Indian River County , Florida , a political subdivision of the State of
Florida , having a mailing address of 180127 th Street , Vero Beach , FL 32960 ( hereinafter
" County" ) .
WHEREAS , the County contracts for operation of its mass transit bus system known
as the " GoLine " Indian River Transit ; and
WHEREAS , in order to improve and provide for the comfort and safety of the
patrons of the bus system County desires to install covered bus stop shelters at various
locations along the bus system routes ; and
WHEREAS , the bus system provides substantial benefits to the residents and
businesses of Indian River County and the City of Vero Beach by providing a means of
transportation to and from locations throughout Indian River County ;
NOW , THEREFORE , in consideration of such benefits , and the promises ,
covenants , and understandings herein contained , and other good and valuable
consideration , the receipt and sufficiency of which are hereby acknowledged , the parties
agree as follows :
1 . The above " WHEREAS " clauses are true and correct and are incorporated herein .
2 . County is hereby granted a permit , pursuant to the terms of this Agreement and
the provisions of Chapter 71 , Public Rights- of-Way , of the City of Vero Beach Code , to
install and maintain covered bus shelters on public rights -of-way within the jurisdiction of
City . The number and general location of all bus shelters on such rights -of-way must be
approved by the City Manager in writing and the actual location coordinated with City' s
Public Works Department prior to installation .
3 . County will be responsible for all costs of bus shelter installation and maintenance
of the structures and other improvements and installations , including but not limited to
removal of graffiti and repair of any damage . All construction and installations shall meet
or exceed applicable City standards for improvements on public rights - of-way , as well as
drainage requirements , as determined and approved by the City ' s Public Works
Department ,
4 . City will provide waste removal from bus shelter trash receptacles and within the
immediate area of the shelters and maintain such area in a clean and presentable
condition where such grounds maintenance is not otherwise accomplished by the adjacent
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property owner or occupant . City shall not be responsible for installation , maintenance , or
renewal of any structures , improvements , or installations .
5 . To the extent allowed by law , County agrees to hold harmless and indemnify City
from any liability or claim which may arise out of County ' s occupancy or use of any of the
bus shelter locations .
6 . County at its expense will place each bus shelter location and the structures ,
improvements , and installations on its lists of lands and property covered under County ' s
self- insurance and excess coverage insurance and furnish to City a certificate of said
coverage . County ' s self- insurance and excess coverage shall include coverage for
damage to premises and improvements and all - risks general liability for any claims or
liabilities for bodily injury , death , and property damage arising from operations , premises
liability , fire , and other risks . County ' s excess coverage shall have a combined single limit
of not less than $ 1 , 000 , 000 . 00 but shall apply only to claims in excess of County ' s self-
insurance coverage and approved for payment by an appropriate legislative claims bill .
County' s self- insurance and excess coverage shall be primary and any insurance that may
be maintained by City shall be in excess of and shall not contribute with County ' s self-
insurance or excess coverage .
7 . County acknowledges that the Permit granted hereunder does not " run with the
land " and provides County with no leasehold or any other property interest in any of the
bus shelter locations and merely provides permission to occupy and use each approved
bus shelter location for the purposes stated herein solely at the risk of County and at the
City' s sufferance and convenience . The Permit granted hereunder may be terminated by
the City Manager as to a particular shelter location should the County breach this
Agreement as to such location or should the City need the shelter location for a use
determined by the City Manager to be incompatible with use of the location as a shelter
site . In the event that the City Manager determines use of the location as a shelter site is
incompatible with a use needed by the City , the Parties agree to cooperate in good faith to
either minimize the impact to the shelter or relocate the shelter to a nearby location .
8 . The terms of this Agreement and the permit granted hereunder shall be binding
on the respective successors , contractors , representatives , agents , and assigns of the
parties .
9 . This Agreement supersedes and replaces all prior agreements , whether oral or
written , on the subject matter contained herein .
10 . This Agreement may be executed in one or more counterparts , each of which
shall be deemed an original and all which together will constitute one and the same
instrument .
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of
the date entered above and the parties hereby warrant and represent that their respective
signatory whose signature appears below has been and is on the date of execution of this
Agreement duly authorized to execute this Agreement .
ATTEST : INDIAN RIVER COUNTY , FLORIDA
J . K . BARTON , CLERK BOARD OF COUNTY COMMISSIONERS
Deputy Clerk • 61AMI S/0 n Bob Solari , Chairman
e �� • . '. '7J1 %.
=J '
( SEAL) � • 8CC approval date : Novi- mhar R , 2n11
; '
Approved as to forma °iq • . . , °:*
0
legal sufficiency : R/VER
Ian S . Polackwich , Sr .
County Attorney
ATTEST : CITY OF VERO BEACH , FLORIDA
C
By :
. j 06
Tammy . Vo k J es R . O ' Connor
City Clerk City Manager
( SEAL)
Approved as to form and Approved as to technical requirements :
legal sufficiency :
tgActMoo
i
R . Coment 4MoteK . Fall
ity Attorney Public Works Director
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