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DISTRICT FOUR (4) <br /> MAINTENANCE MEMORANDUM OF AGREEMENT <br /> THIS AGREEMENT, made and entered into this -6t- dayof "3 � 2004 by <br /> and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a <br /> component agency of the State of Florida, hereinafter called the DEPARTMENT aid INDIAN <br /> RIVER COUNTY, a political subdivision of the State of Florida, existing under he Laws of <br /> Florida, hereinafter called the AGENCY. <br /> WITNESSETH : <br /> WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State <br /> Highway System; and <br /> WHEREAS, as part of the continual updating of the State of Florida Highway System, the <br /> Department, for the purpose of safety, protection of the investment and other reasons, has <br /> constructed and does maintain a six (6) lane highway facility as described in Exhibit A attached <br /> hereto and incorporated by reference herein, within the corporate limits of the AGEN Y; and <br /> WHEREAS , the AGENCY is of the opinion that said highway facilities at contain <br /> landscape medians and areas outside the travel way to the right of way line, excludilig standard <br /> concrete sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing , litter pick- <br /> up and necessary replanting ; and <br /> WHEREAS, the parties hereto mutually recognize the need for entering into an greement <br /> designating and setting forth the responsibilities of each party; and <br /> WHEREAS, the AGENCY by Resolution No . 2oo4dated January 6 , 2024 , <br /> attached hereto and by this reference made a part hereof, desires to enter into this Agreement and <br /> authorizes its officers to do so ; <br /> NOW THEREFORE, for and in consideration of the mutual benefits to flow M.ach to the <br /> other, the parties covenant and agree as follows : <br /> 1 . The DEPARTMENT hereby agrees to install or cause to be installed landscape , irrigation <br /> and/or hardscape(s) on the highway facilities as specified in plans and specifications <br /> hereinafter referred to as the Project; and incorporated herein as Exhibit B . H dscape(s) <br /> shall mean any non-standard roadway, sidewalk or median surface such as, but not limited <br /> to interlocking pavers, stamped asphalt and stamped concrete . <br /> 2 . The AGENCY agrees to maintain the landscape within the medians and areas utside the <br /> travel way to the right of way line by periodic trimming, cutting, mowing, fertili zing, curb <br />