1998-298 - Laserfiche WebLink

Home Browse Search

4, It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the Department may remove same, 5. The Department agrees to enter into a contract for the installation of the landscape project for an amount not to exceed $750,000 as defined in Attachment "C", The Department's participation in the project cost, as described in Attachment "C" is limited to only those iters which are directly related to this project, The AGENCY'S landscape architect c tect or designee shall assist the Department in final inspection and provide written acceptance of the Project, 6. The AGENCY agrees to reimburse the Department all monies expended for the project, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement, 7. This Agreement may be terminated under my on of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following thirty (30) days written notice. (b) By the Department, for reffisal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8, The term of this Agreement commences upon the completion of the one (1) year establishment period as outlined in Exhibit "B". 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work tinder this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement, 10, The AGENCY may construct additional landscaping within the limits of the rights -of -ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. 3