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DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT , made and entered into this 18 day of March 209 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of 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 , 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 SR-60 , a 6- lane highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits 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, mowing, fertilizing, litter pick- up and necessary replanting; and WHEREAS , the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each parry; and WHEREAS , the AGENCY by Resolution No . 2003-031 dated March 18 , 2003 , 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 : 1 . The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and hardscape(s) on the highway facilities as specified in plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit B . Hardscape(s) shall mean any non-standard roadway, sidewalk or median surface such as interlocking pavers, stamped asphalt and stamped concrete . 2 . The AGENCY agrees to maintain the landscape within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT ' s landscape safety and plant care guidelines . The AGENCY ' S responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas