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DISTRICT FOUR(4) MAINTENANCE MEMORANDUM OF AGREEMENT DSF-MAINTENANCE THIS AGREEMENT, made and entered into this 30th day of January 2001 ,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 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,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 a four 4 lane highway facility as described in Exhibit"A"attached hereto and incorporated by reference herein, within the corporate limits 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 sidewalk, shall be maintained by periodic trimming,cutting,mowing, fertilizing, litter pick-up and necessary replanting; 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.2001-006 dated January 9, 2 0 0 1 , 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 landscaping/irrigation on the highway facilities as specified in plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit"B" 2. The AGENCY, agrees to maintain the landscaping/irrigation within the medians and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas outside the travel way to the right of way line,excluding sidewalk,on Department of Transportation right-of- way within the limits of the Project. Such maintenance to be provided by the AGENCY is