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/0� <br /> SECTION NO.: 88010- l i <br /> FM NO.(s): 228583-5-52-01 <br /> COUNTY: Indian River <br /> S.R. NO.: 5 <br /> DISTRICT FOUR (4) <br /> MAINTENANCE MEMORANDUM OF AGREEMENT <br /> THIS AGREEMENT, made and entered into this dayof 20___,by <br /> and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a <br /> component agency of the State of Florida,hereinafter called the DEPARTMENT and Indian River <br /> County, a political subdivision of the State of Florida, .existing under the Laws of Florida, <br /> hereinafter called the AGENCY. <br /> WITNESSETH: <br /> WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State <br /> Highway System; and <br /> WHEREAS, as part of the continual updating of the State of Florida Highway System, the <br /> DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has . <br /> constructed and does maintain the highway facility as described in Exhibit A attached hereto and <br /> incorporated by referenceherein, within the corporate limits (or unincorporated if County) of the <br /> AGENCY; and <br /> WHEREAS, the AGENCY is of the opinion that said highway facilities that contain <br /> landscape medians and areas outside the travel way to the right of way line, excluding standard <br /> conczete sidewalk,shall be maintained by periodic trimming,cutting,weeding,mowing, fertilizing, <br /> 'ck-up,necessary replanting, irrigation repairs, and median concrete replacements as needed; <br /> and <br /> HEREAS,the parties hereto mutually recognize 'he i.,*ed for entering into an Agreement <br /> designating and setting forth the responsibilities of each party; and <br /> WHEREAS, the AGENCY by Resolution No2006-191lated 12/19. , 2006 , <br /> attached hereto and by this reference made a part hereof, desires to enter into this Agreement and <br /> authorizes its officers to do so; <br /> NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the <br /> other, the parties covenant and agree as follows: <br /> 1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation <br /> and/or hardscape on the highway facilities substantially as specified in the initial plans and <br /> specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If <br /> there are any major changes to the plans, the Department shall provide the modified plans <br /> and the AGENCY shall provide their approval or disapproval within 10 business days. The <br /> Department may elect to withdraw the landscape if changes are not approved within the <br />