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s. ✓ 1-64 <br /> DISTRICT FOUR(4) <br /> MAINTENANCE MEMORANDUM OF AGREEMENT <br /> t <br /> THIS AGREEMENT,made and entered into this 6th dayofJanuary 264 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 <br /> RIVER COUNTY, a political subdivision of the State of Florida, existing under the Laws of <br /> Florida,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 a six (6) lane highway facility as described in Exhibit A attached <br /> hereto and incorporated by reference herein,within the corporate limits of the 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 /> concrete sidewalk,shall be maintained by periodic trimming,cutting,mowing,fertilizing,litter pick- <br /> up and necessary replanting; and <br /> WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement <br /> designating'and setting forth the responsibilities of each party; and <br /> WHEREAS, the AGENCY by Resolution No2004-006 dated January 6 , 2004 <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(s) on the highway facilities as specified in plans and specifications <br /> hereinafter referred to as the Project; and incorporated herein as Exhibit B. Hardscape(s) <br /> shall mean any non-standard roadway, sidewalk or median surface such as,but not limited <br /> to interlocking pavers, stamped asphalt and stamped concrete. n <br /> i <br /> 2. The AGENCY agrees to maintain the landscape within the medians and areas outside the <br /> travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb <br />