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a Lie DISTRICT FOUR (4) 00 MAINTENANCE MEMORANDUM OF AGREEME y _ T / t ,+� t y' '? ..,. ,✓ ///mss/. � ,/ f( Qy- + ( ( . �„ `�, ;" � �� .:�! tf�' :~ !f . f' a�.// 4'=.Y" , ,T � yt.�' ��`°Y*°• ra+ P. 1 " \; �. F".`�, i ��,. . f . 5� ., � f�. r ,� �:1� , ;i THIS AGREEMENT, made and entered into this 6th aay f J a n u a r y 26A by and between the STATE OF FLORIDA DEPARTMENT OF RANSPO TATION, a component agency of the State of Florida, hereinafter called the DE ARTMENT 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 tate of Florida Highway System, the Department, for the purpose of safety, protection of a investment and other reasons, has constructed and does maintain a six (6) lane highway f ility as described in Exhibit A attached hereto and incorporated by reference herein, within the orporate limits of the AGE] qCY; and WHEREAS, the AGENCY is of the op ' on that said highway facilities that contain landscape medians and areas outside the travel y to the right of way line, exclu ing standard concrete sidewalk, shall be maintained by perio ' trimming, cutting, mowing, fertil ' ' g, litter pick- up and necessary replanting ; and WHEREAS , the parties hereto mu ally recognize the need for entering into an Agreement designating and setting forth the respons ' ilities of each party; and WHEREAS , the AGENCY b Resolution No2004-006 dated January 6 004 , attached hereto and by this reference ade a part hereof, desires to enter into this Agreement and authorizes its officers to do so ; NOW THEREFORE, f and in consideration of the mutual benefits to flow each to the other, the parties covenant and gree as follows : 1 . The DEPARTM T hereby agrees to install or cause to be installed landsc e, irrigation and/or hardsca (s) on the highway facilities as specified in plans and specifications hereinafter re rred to as the Project; and incorporated herein as Exhibit B . ardscape(s) shall mean y non-standard roadway, sidewalk or median surface such as, bit not limited to interl ' ng pavers, stamped asphalt and stamped concrete. 2 . The GENCY agrees to maintain the landscape within the medians and areas outside the tr el way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb