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WHEREAS, the parties hereto mutually recognize the need for entering into an
<br />Agreement designating and setting forth the responsibilities of each party; and
<br />WHEREAS, the AGENCY by Resolution No. dated
<br />20 , attached hereto and by this reference made a part hereof, desires to enter into
<br />this Agreement and 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 recitals set forth above are true and correct and are deemed incorporated herein.
<br />2. INSTALLATION OF FACILITIES
<br />The DEPARTMENT shall install or caused to be installed landscape improvements
<br />described as: plant materials, irrigation and/or hardscape on the highway facilities
<br />substantially as specified in plans and specifications hereinafter referred to as the Project(s)
<br />and incorporated herein as referenced in Exhibit "A" and "B". Hardscape shall mean, but
<br />not be limited to, site furnishings, landscape accent lighting, bike racks, fountain, tree grates,
<br />decorative free standing or retaining wall(s) and/or any non-standard roadway, sidewalk,
<br />median or crosswalk surfacing, such as, but not be limited to the following: specialty
<br />surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known
<br />as patterned pavement]). If there are any major changes to the plan(s), the DEPARTMENT
<br />shall provide the modified plan(s) to the AGENCY and the AGENCY shall provide their
<br />approval or disapproval to the DEPARTMENT within 10 business days. The DEPARTMENT
<br />may elect to withdraw the landscape improvements if changes are not approved within the
<br />given time frame.
<br />3. MAINTENANCE OF FACILITIES
<br />A. The AGENCY agrees to maintain the landscape improvements, as existing and
<br />those to be installed, within the physical limits described in Exhibit "A" and as
<br />further described in Exhibit "B". The non-standard improvements within and outside
<br />the travelway shall be maintained by the AGENCY regardless if the said
<br />improvement was made by the DEPARTMENT, the AGENCY, or others authorized
<br />pursuant to section 7, by periodic mowing, pruning, fertilizing, weeding, curb and
<br />sidewalk edging, litter pickup, necessary replanting, irrigation system repair .and/ or
<br />repair of any median concrete replacement associated with specialty surfacing (if
<br />applicable) following the DEPARTMENT'S landscape safety and maintenance
<br />guidelines, Exhibit "C", the Maintenance Plan. The AGENCY'S responsibility for
<br />maintenance shall include all landscaped, turfed and hardscape areas on the
<br />sidewalk or within the medians and areas outside the travelway to the right-of-way
<br />and/or areas within the travelway containing specialty surfacing. It shall be the
<br />responsibility of the AGENCY to restore an unacceptable ride condition of the
<br />roadway caused by the differential characteristics of non-standard travelway
<br />surfacing and the associated header curb and concrete areas (if applicable) on
<br />DEPARTMENT right-of-way within the limits of this Agreement.
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<br />Page 2 of 20
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