ISLAND ESTATES CIVIC ASSOCIATION INC (2) RIGHT- OF-WAY BEAUTIFICATION REVOCABLE LICENSE AGREEMENT
This RIGHT-OF-WAY BEAUTIFICATION LICENSE AGREEMENT is made and
entered into this 1 dav of November , 2021„ between the CITY OF
CLEARWATE R, FLORIDA, a Florida municipal corporation, C/O Parks and Recreation
Department, P.O. Box 4748, Clearwater, Florida 33758-4748, referred to herein as the
"City" and Island Esta 111'r 6JLQgJatiguJng,
a corporation, partnership, or natural person, whose address is
140 Island Way, Box 239. Clearwater FL 33767 referred to herein
as the "Licensee"' (individually referred to herein as "Party" or collectively as the
"Parfies"Y
WHEREAS, Licensee is a neighborhood group or association ("Association") wishing
to maintain certain landscaping and/or improvements within City right-of-way at the
entrance to its neighborhood or development, or other area in close proximity to its
neighborhood; and
WHEREAS, the City values and promotes the beautification of its rights-of-way and
neighborhoods, and therefore supports the efforts of the Association to maintain such
neighborhood entrances and other local areas; and
WHEREAS, the City therefore agrees to permit the continued presence of the
landscaping and/or improvements to be maintained by the Association under the terms
and conditions as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, and
other good and valuable consideration, the receipt of which is hereby acknowledged, the
Parties hereto agree as follows:
f. City hereby grants to Licensee the non-exclusive right to occupy and use
City's right-of-way ("Premises"), as more particularly described in Exhibit "A",
(attached hereto and made a part hereof) for the maintenance of
beautification landscaping and improvements ("Improvements") as more
particularly described in Exhibit "B", (attached hereto and made a part
hereof), subject to the terms and conditions herein set forth. The Premises
shall be used for the sole purpose of maintaining the Improvements and for
no other purpose. Licensee shall not make any alterations, additions, or
improvements, other than as to routine maintenance or replacement of
landscaping with similar landscaping, without the written consent of the City,
which may be withheld, in the City's sole discretion.
2. The rights granted to Licensee under this Agreement are not coupled with an
interest in land. It is expressly understood that this Agreement does not in
any way whatsoever grant or convey any permanent easement, lease, fee
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simple or other real property interest in the Premises to the Licensee, The
City specifically reserves the right to grant other rights of entry in regard to
the Property.
3. Licensee shall be responsible for all costs associated with its activities and
responsibilities under this Agreement. In no instance shall the city incur
costs, unless specifically set forth herein. The Licensee shall keep the
Improvements clean, neat and in good repair at all times. The Licensee shall
commence and complete all necessary maintenance and repair work on the
Improvements as necessary, but not later than thirty (30) days following
receipt by the Licensee of written notice from the City that such work is
necessary, or within such longer time as may be approved by the City. Upon
failure of the Licensee to affect such maintenance or repair work in a timely
manner following notice to the Licensee that such work is necessary, the City
may remove and dispose of the Improvements without further notice.
Licensee shall not permit any mechanic's lien to be filed against the Premises
by reason of any work, labor, service or materials performed at or furnished
to the Premises.
4. Responsibilities as to mowing, planting, clipping, pruning, tending, watering,
feeding, weeding, mulching, pest control, fertilization, maintenance of trees
and tree trimming, irrigation, water and electric bills shall be allocated to the
Parties as set forth in Exhibit "C", (attached hereto and incorporated herein).
5. City explicitly renounces any liability of Licensee, or any agents or invitees, of
the Licensee in the course of occupying the Premises or carrying out any of
the activities contemplated hereunder. The Licensee shall indemnify and
hold harmless the City and its officers, agents, and employees against any
claims for bodily injury or property damage arising out of the maintenance
and continued presence of the Improvements, excluding claims or actions
arising solely from negligent acts of the City or its officers, agents or
employees. Nothing contained herein shall be construed to waive or modify
the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity.
In addition, nothing contained herein shall be construed as creating third
party beneficiaries or as consent by the Owner to be sued by third parties in
any manner arising from this grant of License. This provision shall survive
termination or expiration of this Agreement,
6. This License Agreement shall be subject to revocation and termination by the
City in the event of any one or more of the following events:
a. The material default by Licensee in the performance of any of the
terms, covenants, or conditions of this License Agreement, and in the
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failure of the Licensee to remedy, or undertake to remedy to City's
satisfaction such default within the specific time period stated in this
License Agreement, provided, however, if no specific time period is
stated herein to remedy a particular default or to take a particular
course of action, then it is agreed by the parties hereto that Licensee
shall have a period of thirty (30) days after receipt of notice from City
to remedy the default or complete a particular course of action
required of Licensee.
b. The City determines at a duly constituted City Council meeting that a
public need exists for the Premises consistent with the City's Charter
and serves Licensee with sixty (60) days notice of such intended use,
c. Licensee's removal of the Improvements.
d. Destruction of the Improvements, or the Improvements have reached
the end of their useful life, or have otherwise deteriorated to the extent
that the Improvements create a safety hazard or become aesthetically
unacceptable as determined by the City in its sole discretion.
e. The Improvements create a safety hazard, including but not limited to,
interference with utilities and site distance problems, as determined by
the City in its sole discretion. At any time during the terms of this
agreement, if the Improvements create a safety hazard, the
Improvements may be removed by the City Engineer at the
Licensee's expense.
7. Upon termination of the license for any reason, Licensee, at its sole expense,
shall remove from the Premises any Improvements remaining, which
Licensee was permitted to install or maintain in the City's Right-Of-Way under
the terms of this License Agreement. City may affect such removal at
Licensee's expense should Licensee fail to remove said Improvements from
the Premises within thirty (30) days of receipt of written notice following
termination of this License Agreement, Licensee agrees to pay City promptly
in the event of such circumstances upon presentation of a proper invoice.
8. Licensee shall secure all necessary licenses and permits as required to
operate under this Agreement, and shall comply with all laws, ordinances,
regulations, etc., applicable to the operation of this Agreement.
9. This Agreement contains, all of the terms, conditions and covenants binding
the parties hereto. There are no other terms, conditions, covenants or
understandings, either written or oral, binding upon the parties unless
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expressed herein in writing or subsequently addended hereto by mutual
agreement of the parties.
10- This Agreement replaces and supersedes all agreements between the
Parties that may have previously existed, This License is personal and may
not be assigned,
IN WITNESS WHEREOF, the parties hereto have executed and affixed their
official seals to this agreement on the day and year first above written.
Signed, sealed and delivered
In the presence of:
name of association
By:
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CITY OF CLEARWATER, FLORIDA
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EXHIBIT
RIGHT-OF-WAY F®WAY ENT NCE TO ISLAND ESTATES AND CENTER MEDIAN
NORTHWARD F THE MEMORIAL CAUSEWAY ON ISLAND 'V'ICAY
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ISLAND ESTATES ENTRANCE SIGN & LANDSCAPING AREA
(CENTER MEDIAN EAST& FEST FACING)
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ISLAND ESTATES ENTRANCE SIGN & LANDSCAPING AREA (WEST)
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EXHIBIT B
The following list of items constitute Exhibit B, to be specifically maintained by the Island
Estates Civic Association, Inc.
• Planting areas around center median Right-Of-Way entrance sign
• Planting areas around east and west Right-Of-Way entrance signs
• All columns, fixtures, walls, iron fencing, fighting, and electrical amenities appurtenant
to the center median, east and west Right-Of-Way entrance signs
• All flags, poles, and associated accessories appurtenant to the center median, east
and west Right-Of-Way entrance signs
• Two banners located in proximity to the east and west Right-Of-Way entrance signs
• Any future signs which are located in the subject area as described in Exhibit A, as
permitted by the City of Clearwater Planning & Development Department
• Existing light fixtures located under or near Palm Tree's within the Right-Of-Way
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EXHIBIT C
This Exhibit C covers the special conditions for installation and maintenance of landscape
material, landscaping, fencing, and decorative entry way features in the Right-Cf-Way and
center median located at the Memorial Causeway and Island Way per the aerial attached to
the Right-Of-Way Beautification Revocable License Agreement and identified as Exhibit A.
Permit Holder:
• The IEA will be responsible for landscape maintenance, fertilizing, pesticides,
structures, and all other maintenance or repairs at the Island Estates center median
entrance sign, and the east and west portions of Island Way located in the general
planting areas immediately around the Right-Of-Way entrance signs, including the side
walls and rails.
• Any damage occurring to the permitted landscaping from vehicles, weather, vandals,
etc., should be rectified within 30 working days of written notice to the permit holder from
the City. Failure to repair the damaged landscaping within the timeframe will be
considered "discontinuance of maintenance."
• Any building or Right-Of-Way permits must be secured by any contractor hired by the
IEA to perform work located within the areas identified as Exhibit A.
• A work schedule should be submitted to the City prior to commencement of work in the
Right-Of-Way areas and realistic timeframes set,
• The IEA will be responsible for all utility costs in those areas identified in Exhibit A and
Exhibit B associated with the lighting of certain amenities or landscaping features.
City of Clearwater:
• The City will provide for routine landscaping to the areas not identified in Exhibit A,
including Right-Of-Way landscaped areas northward of State Road O on Island Way,
including medians. Routine landscaping includes mowing, edging, and tree trimming in
the Island Estates entry areas.
• The City will maintain the other Island Way medians and the Cul de sacs throughout
Island Estates as currently planted.
■ The City will maintain the irrigation system in the Island Estates entry areas and will pay
all utility costs in those areas resulting from irrigation usage in accordance with routine
watering schedule regulations,
• The City will install effluent water lines when available.
• The City, at its sole discretion, will repair, replace or remove damaged trees, shrubs or
other landscape materials as needed and if removed plant grass.
• The City will be responsible for the pruning or trimming of trees.
• The IEA will receive notice and have an opportunity to cure any deficiency described
in Paragraphs 6(d) and 6(e) in the main text of the License Agreement.
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