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iziOgla.ol'�{ K. R-014-1617 SECTION No.: 88010 FM No. (s): 228583-2-52-01 228583-4-52-01 COUNTY: INDIAN RIVER S.R. No.: 5 (US 1) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of et 20174 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 of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 (US 1) as part of the State Highway System as described in Exhibit "A"; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain landscape improvements within the right of way of State Road 5 (US 1) as described within 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), within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is agreeable to maintaining those Landscape Improvements within the AGENCY'S limits including plant materials, irrigation system and/or hardscape to the medians and areas outside the travelway to the right of way line and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation repair and/or repair of the median concrete replacements associated with the specialty surfacing (if applicable) as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and 3 i1 ransportation Development\PM\PA\Landscape ArchMtectuie\AGRLEMI N 1 S\1 MOA\INDIAN RIVLR COUNTY\IndianRivel_SR 5.228583-2ilndienRiver 5R5 2.28533-28,228552-4(11-13-14) dou, Page 1 of 20