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r SECTION NO. : 88060 FM NO. (s) : 228627-1 -52 -01 COUNTY : Indian River S . R. NO. : 60 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this *� exj4 dayof�200�y and between the STATE OF FLORIDA DEPARTMENT OF TRANSP TATION , a component agency of the State of Florida, hereinafter called the DEPARTMENT and the 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 60 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 WHEREAS , the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution PF - " 8 038 dated April 17 , 2007 , 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/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 - t -