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SECTION NO. : 88050 FM NO. (s) : 413803-1 -52-01 COUNTY: Indian River S.R. NO. : 510 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 5 (a , dayof 2007by and between the STATE OF FLORIDA DEPARTMENT OF TRA NSP 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 510 as part ofthe 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, litternYick-unY > � aiAland1Lg, , : 1gaiorrepa5iuneula3i eUlll- eLrCpiaCCm Cnts aS a � iiCCu ted ; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and 2007 - 036 WHEREAS, the AGENCY by Resolution No . dated Aori 1 17 , 20 o7 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 : I . 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 - I -