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r <br /> SECTION NO. : 88060 <br /> FM NO. (s) : 228627-1 -52 -01 <br /> COUNTY : Indian River <br /> S . R. NO. : 60 <br /> DISTRICT FOUR (4) <br /> MAINTENANCE MEMORANDUM OF AGREEMENT <br /> THIS AGREEMENT, made and entered into this *� exj4 dayof�200�y <br /> and between the STATE OF FLORIDA DEPARTMENT OF TRANSP TATION , a <br /> component agency of the State of Florida, hereinafter called the DEPARTMENT and the Indian <br /> River County, a political subdivision of the State of Florida, existing under the Laws of Florida, <br /> hereinafter called the AGENCY. <br /> WITNESSETH : <br /> WHEREAS, the DEPARTMENT has jurisdiction over State Road 60 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 the highway facility as described in Exhibit A attached hereto and <br /> incorporated by reference herein, within the corporate limits (or unincorporated if County) of the <br /> AGENCY ; and <br /> WHEREAS, the AGENCY is of the opinion that said highway facilities that contain <br /> landscape medians and areas outside the travel way to the right of way line , excluding standard <br /> concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, <br /> litter pick- up , necessary replanting, irrigation repairs , and median concrete replacements as needed ; <br /> and <br /> WHEREAS , the parties hereto mutually recognize the need for entering into an Agreement <br /> designating and setting forth the responsibilities of each party; and <br /> WHEREAS, the AGENCY by Resolution PF - " 8 038 dated April 17 , 2007 , <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 each 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 on the highway facilities substantially as specified in the initial plans and <br /> specifications hereinafter referred to as the Project and incorporated herein as Exhibit B . If <br /> there are any major changes to the plans, the Department shall provide the modified plans <br /> and the AGENCY shall provide their approval or disapproval within 10 business days . The <br /> Department may elect to withdraw the landscape if changes are not approved within the <br /> - t - <br />