SUBJECT/RECOMMENDATION:
Title
Approve a Right-of-Way (ROW) Beautification Revocable License Agreement Form to be used with various neighborhood and association groups for the purposes of maintaining landscaping and improvements within City ROW's and the City of Clearwater and authorize the City Manager, or designee, to approve such agreements. (consent)
Body
SUMMARY:
Over the past 20 to 25 years various agreements have been entered into with neighborhood and Homeowner Associations (HOA's) regarding installation and maintenance of landscaping and other beautification improvements on ROW's and/or other public property. These agreements while similar in nature have different formats, titles and requirements; (Adopt-a-Park, Adopt-a-Median, ROW Agreement, etc.). For the most part they were created so that individual HOA's and neighborhood groups could provide enhanced beautification, signage and other improvements at entry points into their subdivisions.
Staff is recommending that these agreements be standardized into one ROW Beautification Revocable License Agreement Form that can be used for all of the current agreement holders.
After researching all of the files staff has verified that only eight of the original 18 agreements are still valid and actively supported by their neighborhood or HOA's. In addition there are two neighborhood groups that do not have a formalized agreement but would need one to continue to maintain flag poles on City properties.
Certified letters were sent to the eight remaining groups notifying them of the proposed change in the agreements. Only two responded that they could meet the insurance requirements and wanted to continue with an agreement. Five others wanted to continue but did not have funds to pay for the insurance requirements being proposed.
Staff is recommending the template agreement have no requirements for additional insurance thus, allowing these groups to continue to provide the enhancements currently in the ROW. This provision will provide no additional expense to the City.
Each agreement will include standard language regarding the rights of the Licensee as well as individual exhibits that detail the specific location of the median/ROW; specific improvement/beautification; and specific maintenance responsibilities.
Following is a list of the various neighborhoods that would be included: Coachman Ridge, Grovewood, Island Estates, Morningside/Meadows, Northwood Estates, Northwood West, Sand Key, Windsor Park, Brookhill Subdivision and Skycrest.
Staff is further recommending that the Council allow the City Manager or his designee to enter into these agreements.
Staff is not recommending entering in to any new ROW Beautification Revocable License Agreements only honoring the existing valid agreements in the new format.
APPROPRIATION CODE AND AMOUNT:
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USE OF RESERVE FUNDS:
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