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SECTION NO. : 88010- 0 FM NO.(s) : 228583-5-52-01 COUNTY: Indian River S.R. NO . : 5 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT , made and entered into this % ) dayof�2001by and between the STATE OF FLORIDA DEPARTMENT OF TR SPOR ATION , a component agencyof the State of Florida, hereinafter called the DEPARTMENT and Indian River County, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY . WITNESSETH : WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State Highway System ; and WHEREAS , as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has ,,- -constructed and does maintain the highway facility as described in Exhibit A attached hereto and _ incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up , necessary replanting, irrigation repairs, and median concrete replacements as needed ; and S.fEREAS, the parties hereto mutually .i.:; a, cd for entering into an "Igreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No2006 - 19 bated 12 / 19 , 20 06 attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows : I . The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B . If there are any major changes to the plans, the Department shall provide the modified plans and the AGENCY shall provide their approval or disapproval within 10 business days . The Department may elect to withdraw the landscape if changes are not approved within the