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PINCH-A-PENNY INC. / CLEARWATER BEACH ACCESS r , 1'7(1 . ,-. '-- < . ~ I I ADOPT-A-PARK AGREEMENT THIS AGREEMENT is made and entered into this I~day of ~, 1987 by and between the City of Clearwater, a munici- pal corporation, hereinafter referred to as CITY, and Pinch-A- Penny, Inc., hereinafter referred to as DONOR. WHEREAS, CITY has instituted an Adopt-A-Park program to encourage and obtain support from civic minded entities and individuals for the maintenance and beautification of City pro per tie s; and WHEREAS, such beautification and maintenance will promote the general welfare by aesthetically improving City parks at a savings to taxpayers; and WHEREAS, DONOR desires to adopt the City right-of-way shown on the attached aerial commonly referred to as the "Aster Street End"; NOW, THEREFORE, the parties hereto agree as follows: 1. Donor agrees that the referenced property is owned by the City and that its primary purpose is to serve as a vista and access way to the Gulf of Mexico by the citizens of Clearwater. He is aware that the referenced site is public property and members of the public are allowed to use the site in a lawful manner. 2. Donor is authorized to install landscape materials and other improvements on said site in accord with the attached landscape plan (Exhibit A) with the following exceptions: a. Board walk shall be 6' wide instead of 4'. The concrete block wall proposed to run along the front of the site, parallel to Eldorado Avenue, shall be 30" above grade rather than 36", and surface may be treated with brick or concrete. 3. Donor shall secure a letter of approval of the land- scape plan from the adjacent and opposite property owner and submit same to the City. 4. Donor will install all landscape material and im- provements and will maintain same in a safe and attractive manner at no cost to the City. 5. Donor, to assure public vista, shall maintain all hedge materials at a height not to exceed 30". 6. Donor shall provide irrigation as needed of all plant materials at his expense. t! ( ...\ 1 ""\ l ~ I ". ) 00- (~ " " I I 7. Donor shall make application for and secure any building permits required for the project at no cost. 8. Donor may construct and provide a sign no larger than 18" tall by 4' wide which will state that maintenance is performed by Pinch-A-Penny. The design of said sign will first be submitted for City approval. It will be installed by the City and maintained by the donor. 9. City shall install appropriate signs to clearly identify this property as a "public access" and to prohibit the parking of automobiles on the Eldorado St. right-of-way. These signs may be installed on sign posts or on the concrete wall. 10. City shall have the right to enter the property with appropriate motorized vehicles to correct or repair emergencies that might arise, including re- pairs to the City-owned seawall. In the event this becomes necessary, the City shall be responsible to replace or repair any damage caused to the landscap- ing improvements that may result. 11. City, in the event Donor discontinues maintenance or allows safety hazards to exist, shall notify Donor that deficiencies need correction or to remove or repair such deficiencies as may be deemed appro- priate by the City. 12. This Agreement shall continue in force until such time as it may be cancelled in writing by either party to the other. Also, failure of either party to perform in accord with the conditions of this Agreement will cause this Agreement to be null and void. ~lAJJ Wl..' tne.sses:~ ;:? S7 ~t(/~_ C ---- --L ~ --~ ~ By Attest: ~.~ .. -" --- - . - -:-: [. -: ,. . _ ,lJ~;;'-- ~-C i t Y C 1 e r k ~_ 2 I GULF OF MEXICO ~'-O""4 .... ~:~~~T.~".'~:. ~":.:~'.'. :;c. I',~; ~ !....:I~e;;-..4., C~....~ "_' 1.~'.-." - i1-"O." ''3'("'" _._.J3 RIG ~__ Q~_6.~~~.BASf:-:.. 7/~U. " ~,.. EXHIBIT A / / / / // ~./ / // / / .' / / / ./ / /. ~ / / / / ] J-' ~.Jll'" l~"'(_ ....0.' '.1(".... ~L'" v.." "'LiL 10 Il.~..,.... / J ,/ / -1 I Page 1 of 2 ( ~)c"I'!>>"INc.. "SEA... W"-LL - ---- ----- ....--- --.-.'...---...-...----.....-- ~ 1, ,. ~. , ,. / / / / // /' / // / /' // // / ./ /' / / / / / ./ i[// ~'.o' //./' . / / /. ....w 1,,<<, "',1" ~A..... ...,.. / I ~ 410'. r, , ,~"A.". .....^~,...., t' ,..~". fl..... '_"AA''''' ~Uoo"""UE . e:^.., 111 ~'><lc.'T :tJ(_ ""'11"', -: E,~ ,....,..' ,. s. -, 'c~ ; .' / / .' / / ./ ./ , / / // / ,/ ./ . -- --.-. --.---....-----... '... r;b~o"-:- " ,. -.-1 , ~"""t-"""""--"+ ., EXHIBIT A Page 2. of ~.. MA TERIAL SCHEDULE ~ ',i .: ..,'.. ... - \. ,~~ .. Sr ;;'{l'I_ -... ~()r ~~N If;M,..__~o'\ML.____.._._ ~.. _._ __ (;()I'.!MQrLt!~~!;___~________.~! ~t;:l~f;~HKS_ -.' -------.-~----.______4._ ----.-________. ___0._ __"___'~~. SEI~EN<M REPENS ..---- - ----.- .....:.-~--------:-_-.:.._-.._-------- SAW PALMETTO. 4' -6' x4' Ler I 0 f-'TV PITTOSPORlIM TOBIRA VARIGATED PITTOSPORUM IH"-24"Oah.3 gal, . - ~ ~"', . I.I! CoccnLOB,\ UV I "'E~/\ ~I'." C~.\PE ::!/. ,j !.Jail. :3 ga.l. UP lINIOLA PANICUL~rA SE/\ OATS 15"-;I.8"oah, '.1 gal 1-:1 ~",\I'" I OLE/' I S I NO If.".\ I ND I AN IMWTlIO~N '12"-15"O.~h:.2/3 gal ,', I 'I.: . . ("\I~I'()IIf~()~~iS FllIll I,'.:; Ic'''' P'ANT ." 2" ...i......;.. . PLANT IS N,\TIVI': TO C"AI.IFoRNI,\ AND NOI J.:EAlIU.YAV/II.LABI..E IN NljRSERY STOCK GENERAL NOTES PLANT M/\TERIAL: All plant material slla! I be Florida #1 or' better as es- tablished by grades and standards for nursery plants ~f the State of Florida. Dept, of Ag"iculture. All planting beds and water basins for trees shdl I receive 2" min, grade Cypress Mulch. All sodded areas to be Argentine Bahia thick, well rooted and free of weed. PLANTING SOIL: Any soi I brought on si te shall be natural, ferti Ie, friable soil and free of any objectionable material. '., SUOSTITUTION: SUbstitution of any plant material shall first be a~proved by the Landscape Architect as to type. size and quantity and unit cost. PfWTECTION OF EXISTING IMPROVEMENTS: Prior to the prepuration of planting areas the contractor shall ascertain the location of all utilities. Damage caUsed by Lan~scape Contractor to these utilities shall be the responsibilty of the contractor. All trees. shrubs. and ground covers shall be of the sizes as called for in the Landscape M:Jlerial Schedule. Any plant materials ns determined by the Landsc~pe Architect as not meeting the sizes and quality as call- ed for, shall be rem'J\'t:d from the si te, Contractor shall sUbrni t sWllples and or photographs or plant materials for approval by the I.,-.ndscope Ar'ch';' it.ect, All trees re~uired to be planted as part of this contract shall be planted as specified, All trees are to be guyed as shown on the drawings. Quantities for Landscape Materials are not shown on Material Schedllle. contractor shall be reSPonsible for numbers & plant massings as shown on the drawings. CLEAN UP: Clean up shall take place continuously during the course of the project. with.excess debris removed promptly from the site, I~SPECTION: All mat~rial shall be Subject to inspection prior to in- stallation and after by Landscape Architect and owner, Any material found nn to meet the state reqUirements shall be removed and replac!'" \lIlth those materials that meet the speci flcations set by these Coutr.act tloc- Unlen ~.s. GU^RANTEE: All pla~ts shall be quaranteed for a period of (90) dnys from d<:He of final inspection of materials, At the end of the qllarantee I"'riod an Inspection shall be made by LandscnPQ Architect and milner,