2010-289 - Laserfiche WebLink

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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 recitals set forth above are true and correct and are deemed incorporated herein . 2 . INSTALLATION OF FACILITIES The DEPARTMENT hereby agrees to install or cause to be installed landscape improvements associated with the referenced roadway project described as : plant materials , irrigation systems and /or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the landscape improvements plans , or the plans and incorporated herein as Exhibit B . Hardscape shall mean , but not be limited to , any landscape accent lighting , fountain , tree grates , decorative free standing wall and /or any non -standard roadway , sidewalk , median or crosswalk surfacing , such as , but not be limited to concrete pavers , color stained stamped asphalt and /or concrete . If there are any major changes to the plans , the DEPARTMENT shall provide the modified plans to the AGENCY and the AGENCY shall provide their approval or disapproval to the DEPARTMENT within 10 business days . The_DEPARTMENT may elect to withdraw the landscape improvements if changes are not approved within the given time frame . 3 . MAINTENANCE OF FACILITIES A . The AGENCY agrees to maintain the landscape improvements , as existing and those to be installed , within the physical limits described in Exhibit A and defined as : plant materials , irrigation , and / or hardscape within the medians and areas outside the travelway to the right of way line and areas within the travelway containing specialty surfacing as existing and as described in Exhibit B . The non - standard improvements outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT , the AGENCY , or others , by periodic pruning , mowing , fertilizing , weeding , curb and sidewalk edging , litter pickup , necessary replanting , irrigation system repair and / or repair of any median concrete replacement associated with specialty surfacing ( if applicable ) following the DEPARTMENT ' S landscape safety and maintenance guidelines , Exhibit C , the Maintenance Plan . The AGENCY' S responsibility for maintenance shall include all landscaped / turfed and hardscape areas within the median and areas outside the travelway to the right-of-way and areas within the travelway containing specialty surfacing . It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non -standard surfacing and the associated header curb and concrete areas on DEPARTMENT right-of-way within the limits of this Agreement . B . Such maintenance to be provided by the AGENCY is specifically set out as follows : to maintain , which means to properly water and fertilize all plants ; to keep them as free as practicable from disease and harmful insects ; to properly mulch the planting beds ; to keep the premises free of weeds ; to mow the turf to the proper height ; to properly prune all plants which at a minimum includes : ( 1 ) removing dead or diseased parts of plants , (2 ) pruning such parts thereof to provide clear visibility to signage , permitted outdoor advertising signs ( per Florida Statute 479 . 106 ) , and for those using the roadway and/or Page 2 of 18