CLEARWATER BEACH ASSOCIATION / ADOPT-A-PARK PERMIT
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 the Clearwater Beach
Association, Inc.
a Florida Not For Profit Corporation, hereinafter
referred to as "Permit Holder", whose address is P.O. Box 3295, Clearwater,
Florida 33767, to maintain landscaping and landscape materials within the
area known as Acacia Roundabout, 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 right-
of way landscaping on Acacia Roundabout, 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, 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 and materials in good condition and shall
include, but not be limited to, the following specific duties: planting,
clipping, pruning, tending, fertilizing, weeding, mulching, and spraying.
3. Permit Holder and C~ty 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 shall be responsible for the maintenance of irrigation system.
6~ 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.
7. PerIni t Hol.der 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
Landscape Maintenance Contractor, employed by 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 and the
Clearwater Beach Association as additional insured and shall protect the
City and the Permit Holder from all property damage and personal injury
claims asserted against the either by any third party, relating to the
performance of landscaping or maintenance tasks by the Landscape Maintenance
Contractor with regard to this proj ect. 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
authority to execute this Permit and fully agrees to all the terms and
conditions contained herein.
Dated: -1LJ sj
2001
Approved By:
CITY OF CLEARWATER
/~~
KevinE. Dunbar, Director~
Parks & Recreat~on
~Ar:?- ·
~/
By
ASSOCIATION, Inc. a
Profit Corporation
Mahshid Arasteh, Public Works Administrator
~ C5 f:y /.[l'fr
By
.~
City Manager
Leo W.
Note: This Permit not valid until executed by the City Manager, City of
Clearwater.
S:\Parks\Agreements\Adopt-a-Park Permit-Isla~d Estates
..,
Exhibit A
CLEARWATER BEACH ASSOCIATION SPECIAL CONDITIONS
FOR MAINTENANCE
Permit Holder:
· Any damage occurring to the permitted landscaping from vehicles; weather, vandals, etc., should be rectified
within 20 working days of written 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
· A work schedule should be submitted to the City prior to commencement of work and realistic time frames set.
· Provide pest control and fertilization to landscape areas, including trees.
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.
· Provide maintenance and repairs to the irrigation system
Exhibit B
This agreement covers the maintenap.ce of Acacia ROWldabout median and.right of ways.
~X~\b;+-