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SECTION NO.: 88070 PERMIT NO: 2012 L 490 0001 COUNTY: Indian River S.R. NO.: AlA DISTRICT FOUR(4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 8 day of October, 2012, 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 State of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road AIA as part of the State Highway System; and WHEREAS,the AGENCY Seeks to install or have installed certain landscape improvements and maintain said improvements within the right-of-way of State Road A 1 A as described with 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; and WHEREAS,the AGENCY is of the opinion that said highway facilities that contain landscape areas outside of the travel way to the right of way line, including standard and non standard concrete sidewalk, and irrigation shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, sidewalks repairs or replacements, and inside the travel way if relevant; 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 , duly attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so, 1 65