BAY PARK ON SAND KEY MAINTENANCE MEMORANDUM OF AGREEMENTBAY PARK ON SAND KEY
MAINTENANCE MEMORANDUM OF AGREEMENT
This MAINTENANCE MEMORANDUM OF AGREEMENT is made and entered into this ay of 51A i
, 2026, between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation, 0/0 Parks and Recreation Department, P.O. Box 4748, Clearwater, Florida 33758-
4748, referred to herein as the "City" and Sand Key Civic Association Inc., a corporation, partnership, or
natural person, whose address is 1590 Gulf Boulevard APT 504, Clearwater FL, 33767, referred to herein as
the "Licensee" (individually referred to herein as "Party" or collectively as the "Parties").
WHEREAS, Licensee is a neighborhood group or association ("Association") wishing to establish and
maintain a sign within Bay Park on Sand Key (a City park herein referred to as "Park" and/or "Premises")
approximately 90 feet south of the south edge of the Park's driveway; and
WHEREAS, the sign will be only used as identification of the area as the Sand Key Civic
Association neighborhood; and
WHEREAS, the City values and promotes the beautification of its properties, 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 presence of the 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:
1. City hereby grants to Licensee the non-exclusive right to occupy and use the City's Park, as shown in
Exhibit "A", (attached hereto and made a part hereof) for the installation and maintenance of a
neighborhood identification sign ("Improvements") as more particularly described in Exhibit "B",
(attached hereto and made a part hereof), subject to the terms and conditions herein set forth. Licensee
shall not make any alterations, additions, or improvements to the Park, other than as to routine
maintenance or replacement of the sign, 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 simple or other real property interest in the Park 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 City and the Licensee shall not prune, trim, alter, move, remove or cause to
be removed any City -installed and/or -maintained plant material, equipment, structure or item.
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 City finds that the Improvements are no longer in the City's best interests.
b. The material default by Licensee in the performance of any of the terms, covenants, or
conditions of this License Agreement, and in the 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.
c. 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.
d. Licensee's removal of the Improvements.
e. 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.
f. 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, 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 Premises 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 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.
INWITNESS WHEREOF, the Parties herein have executed and delivered this Agreement this- day
of , 2026.
Signed Sand Key Civic Association
Print Name / f yG IZ 1AM1'
Witness signature
By:
Mct4 L AlAd-etiSoLA Title F/Z- e s -( `'C., m) r
Print fitness name
iSe
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
OfY\
Jennifer Poirrier
City Manager
EXHIBIT A
APPROXIMATE LOCATION; 90 FEET SOUTH OF SOUTHERN DRIVEWAY EDGE
APPROXIMATE SIGN LOCATION