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2011-096
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2011-096
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Last modified
2/5/2016 11:02:02 AM
Creation date
10/1/2015 1:56:57 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/19/2011
Control Number
2011-096
Agenda Item Number
8.E.
Entity Name
City of Sebastian
Subject
Maintenance Memorandum of Agreement Landscape Improvements
see Resolution 2011-030
Area
Intersection of Roseland Road, Barber Street, Fleming Road CR 5
Supplemental fields
SmeadsoftID
9533
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The above named maintenance to be performed by the City is subject to periodic <br /> inspections by the County at the discretion of the County . Any inspection findings will <br /> be shared with the City . <br /> 3 . If at any time after the City has assumed the landscape installation and/or maintenance <br /> responsibility above - mentioned , it shall come to the attention of the County ' s Public <br /> Work ' s Director that the limits or a part thereof is not properly maintained pursuant to <br /> the terms of this Agreement, said County Public Works Director may at his or her <br /> option issue a written notice that a deficiency or deficiencies exist( s) , by sending a <br /> certified letter to the City , to a place said City on notice thereof. Thereafter the City <br /> shall have a period of thirty (30) calendar days within which to correct the cited <br /> deficiencies . If said deficiencies are not corrected within this time period , the County <br /> may at its option, proceed as follows : <br /> ( a) Maintain the project area or a part thereof utilizing County personnel or its <br /> agents , and invoice the City for expenses incurred ; or, <br /> (b ) Terminate the Agreement in accordance with Paragraph 6 of this <br /> Agreement and remove , by the County ' s personnel or its agents , all of the <br /> improvements installed under this Agreement or any preceding agreements and <br /> charge the City the reasonable cost of such removal . <br /> 4 . It is understood between the parties hereto that the Project improvements covered by <br /> this Agreement may be removed , relocated or adjusted at anytime in the future as <br /> determined to be necessary by the County in order that the adjacent road be widened , <br /> altered or otherwise changed to meet with future criteria or planning of the County . <br /> The City shall be given sixty ( 60) calendar days notice to remove said landscape after <br /> which time the County may remove same . All permits (including tree permits) , fees , <br /> and any mitigation associated with the removal , relocation or adjustments of these <br /> improvements are the City ' s responsibility . <br /> 5 . The City agrees to reimburse the County all monies expended for the Project, should <br /> the landscape/hardscape areas fail to be maintained in accordance with the terms and <br /> conditions of this Agreement . <br /> 6 , This Agreement may be terminated under any one ( 1 ) of the following conditions : <br /> ( a) By the County , if the City fails to adequately perform its responsibilities under <br /> Paragraph 1 and 2 , following ten ( 10 ) days written notice of such failure by the <br /> County . <br /> (b ) By the City , if it provides written notice of its intent to terminate this <br /> agreement . Upon written notice of termination by the City , the County may : <br /> ( 1 ) Direct the City to remove all improvements within the Project area . <br /> Once notice has been provided to the City to remove the improvements <br /> 2 <br />
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