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SECTION No . : 86060 FM No . (s ) : 424638 - 1 -52 -01 COUNTY : Indian River S . R . No . : 60 DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this a f day of 20L, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , a component AGENCY of the State of Florida , hereinafter called the DEPARTMENT and Indian River County , a political subdivision , 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 as described in Exhibit A ; and WHEREAS , the DEPARTMENT seeks to install and have maintained by the AGENCY certain landscape improvements within the right of way of State Road 60 ( 201h Street ) as described within Exhibit B ; 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 County and WHEREAS , the AGENCY is of the opinion that highway facilities within the AGENCY ' S limits that contain landscape improvements ( plant materials , irrigation system and /or hardscape ) to medians and areas outside the travelway to the right of way line and areas within the travelway that may contain specialty surfacing ( concrete pavers , and/or stamped asphalt or stamped concrete ) , including any other hardscape ( if applicable ) , but excluding standard concrete sidewalk , shall be maintained by periodic pruning , mowing , fertilizing , weeding , litter pick- up , necessary replanting , irrigation repair and/or repair of any median concrete replacements associated with the specialty surfacing ( if applicable ) as needed ; and WHEREAS , it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians , outside the travelway and improvements made to the travelway that was made at the request of the AGENCY ; 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 No . 2 o l o - o 9 6 dated � �, 1 F , 2010 attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so ; Page 1 of 18