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DISTRICT FOUR (4) <br />HIGHWAY BEAUTIFICATION AND <br />MAINITNANCE , MEMORANDUM OF AGREEMENT <br />DSI -MAINTENANCE <br />9 g. <br />THIS AGREEMENT, made and entered into this —7 day 0 994—, by and <br />between the STATE OF FLORIDA DEPARTMENT OF TRANQ� RTATIONI, a component <br />agency of the State of Florida, hereinafter called the "DEPARTMENT" and INDIAN RIVER <br />COUNTY, a political subdivision of the State of Florida, existing under the Laws of Florida, <br />hereinafter called "AGENCY". <br />WITNESSETH <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 14 Wurl &.4 (loud lane highway facilities as described in Exhibit <br />"A" attached hereto and incorporated by reference herein, within the jurisdictional limits of the <br />AGENCY; and <br />WHEREAS, the AGF NCY is Of the 0PiuiO'1 that said highway ficilitics that contain special <br />landscape areas outside the travel way to the right of way line, excluding sidewalk, shall be <br />maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary <br />replanting; and <br />W1 IEREAS, 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 No.Alatedhg4q,45SLI419_1_, attached <br />hereto and by this reference made a pan hereof, desires to enter into this Agreement and authorizes <br />its officers to do so; <br />NOW'ITIE'REFORE. for and in consideration or the mutual benefits to flow each to the <br />other, the parties covenant and agree as follows: <br />I The DEPARTMENT hereby agrees to install or cause to be installed landscaping on the <br />highway facilities as specified in plans and specifications liereinafter referred to as the <br />Project; and incorporated herein as Exhibit "B" <br />2. The AGENCY, agrees to maintain the landscaping within the areas outside the travel way <br />to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, <br />fertilizing, litter pickup and necessary replanting, following the Department's landscape <br />safety and plant care guidelines. The DEPARTMENT will continue to mow the turf areas <br />