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SAND KEY CIVIC ASSOCIATION / INSTALLATION AND MAINTENANCE OF TEN NEW LANDSCAPE BEDS ., ADOPT-A-PARK PERMIT Permission and authority are hereby given and granted by the City of Clearwater, c/o Parks & Recreation Department, P. O. Box 4748, Clearwater, Florida 33758-4748, herein referred to as City, to Sand Key Civic Association, a Florida Not For Profit corporation, hereinafter referred to as "Permit Holder", whose address is P.O. Box 3014, Clearwater, Florida 33767, to maintain landscaping, landscape materials, and irrigation within the area known as Sand Key, Clearwater, Florida, as provided for in the Exhibits A, B, and C, all being attached hereto and made a part thereof, subject, however, to the following terms and conditions. 1. Permit Holder, prior to beginning work on the maintenance of new right-of-way landscaping on Gulf Boulevard, shall verify their compliance with the maintenance specifications supplied by the City. 2. Permit Holder, shall maintain at its expense during all times while this Permit is in effect the landscape plantings and materials installed by the City, and existing irrigation systems in accordance with the design criteria of the approved plan. For the purpose of this Permit, maintain shall mean day-to-day care as required to keep the landscape plantings, materials, and irrigation systems in good condition and shall include, but not be limited to, the following specific duties: planting, clipping, pruning, tending, watering, fertilizing, weeding, mulching, and spraying. 3. Permit Holder and City shall be responsible for the special conditions of this Permit, as shown on Exhibit A attached hereto and made a part hereof. 4. City shall be responsible for the maintenance of trees. 5. City, at such time as the Permit Holder discontinues maintenance of the landscaped area, reserves the right to maintain the landscaped area, or to remove the landscape material as may be appropriate, at its sole discretion. 6. Permit Holder shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury or property damage arising directly or indirectly from the performance under this Permit and for the maintenance tasks related to landscaping, landscape material, or irrigation system by Permit Holder and his/her employees, contractors, agents, and volunteers, including legal fees, court costs, and other legal expenses. Permit Holder acknowledges it is solely responsible for complying with the terms of this Permit. Prior to any performance under the terms of this Permit, the Permit Holder agrees to provide, at its expense, a policy of general liability insurance in the amount of $500,000, insuring Permit Holder's obligations to City under this Permit. Said policy of liability insurance shall name the City as an additional insured and shall protect the City from all property damage and personal injury claims asserted against the City by third parties by reason of the landscape materials being located within the public right of way, or relating to the performance of landscaping or maintenance tasks by the Permit Holder with regard to this project. A certificate of Insurance or a copy of such policy of insurance shall be provided to the City for its review and approval. The City recognizes and appreciates the contributions of the Permit Holder in this landscape effort. This Permit may be revoked at any time by the City Manager of the City of Clearwater, Florida, and shall not be assignable by Permit Holder. ,., By execution and acceptance of this Permit, the Permit Holder and its duly elected officers acknowledge having read same and represent to the City that Permit Holder, as a Florida Not For Profit Corporation, has the authori ty to execute this Permit and fully agrees to all the terms and conditions contained herein. Dated: J~ /. , , 2001 Approved By: -::?~ -C K~vin E. Dunbar, Director of Parks & Recreation CIVIC ASSOCIATION, 9t ~fit Corporation ~ Its President CITY OF CLEARWATER nistrator BY~' C~ Its Secretary . iJ.,...- 4.- -::iI II, Interim City Manager Note: This Permit not valid until executed by the City Manager, City of Clearwater. S:\Parks\Agreements\Adopt-a-Park Permit-Sand Key, Gulf Blvd. .., SEE PLANS IN FILE , . Exhibit A SAND KEY CMC ASSOCIATION SPECIAL CONDITIONS FOR MAINTENANCE Permit Holder: · Any damage occurring to the pennitted landscaping or irrigation system from vehicles, weather, vandals, etc., should be rectified within 20 working days ofwritten notice to the permit holder from the City. Failure to repair the damage within the time frame will be considered "discontinuance of maintenance." · Any changes to the approved plan must be resubmitted to the Parks and Recreation Department for approval prior to changes being made · All building and right-of-way permits must be secured by any contractor hired by the Sand Key Civic Association to perform this work. · A work schedule should be submitted to the City prior to commencement of work in the right-of-way areas and realistic time frames set. · Provide pest control and fertilization to landscape areas, including trees. · Provide maintenance and repairs to the irrigation system. City: · Where applicable, the City will waive permit fees. · The City will provide any tree maintenance required. · The City will repair or replace any damaged trees. · The City will install the landscape plantings and materials. A Exhibit B This agreement covers the maintenance often (10) new landscape beds to be installed by the City on the Right of Ways adjacent to the following physi9l addresses along Gulf Boulevard, Sand Key: 1582, 1591, 1560, 150J~ 1340, 1365, 1290, 1351, 123J}and 1261..~ ' ../ <- v' ~ JJ f.t 1 q#"v' ~ ~} lit!. ..s k.ofs .4-+ ~l9Not I<~ J ,/'J 0 f- l~~ lude..tl-. IN f/LOJtt:-f /T+ ~Ls r-J-lW1~. "