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SECTION No.: 88010 <br />FM No. (s): 228583-2-52-01 <br />228583-4-52-01 <br />COUNTY: INDIAN RIVER <br />S.R. No.: 5 (US 1) <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION <br />DISTRICT FOUR <br />LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT <br />THIS AGREEMENT, made and entered into this day of 20_ <br />by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a <br />component AGENCY of the State of Florida, hereinafter called the DEPARTMENT and <br />Indian 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 (US 1) as part of the <br />State Highway System as described in Exhibit "A"; and <br />WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY <br />certain landscape improvements within the right of way of State Road 5 (US 1) as described <br />within Exhibit "B"; and <br />WHEREAS, as part of the continual updating of the State of Florida Highway System, <br />the DEPARTMENT, for the purpose of safety, protection of the investment and other <br />reasons, has constructed and does maintain the highway facility as described in Exhibit "A" <br />(attached hereto and incorporated by reference herein), within the corporate limits of the <br />AGENCY; and <br />WHEREAS, the AGENCY is agreeable to maintaining those Landscape Improvements <br />within the AGENCY'S limits including plant materials, irrigation system and/or hardscape to <br />the medians and areas outside the travelway to the right of way line and/or areas within the <br />travelway that may contain specialty surfacing (concrete pavers, color stamped concrete <br />and color stamped asphalt [also known as patterned pavement]) including any other <br />hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such <br />improvements shall be maintained by periodic mowing, fertilizing, weeding, litter pick-up, <br />pruning, necessary replanting, irrigation repair and/or repair of the median concrete <br />replacements associated with the specialty surfacing (if applicable) as needed; and <br />WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY <br />shall maintain all right of way within the medians, outside the travelway and improvements <br />made to the travelway that was made at the request of the AGENCY; and <br />yr S ,i•,,. <br />Page 1 of 20 <br />144 <br />