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ibis CRY OF R00 • 0 g HOME OF PELICAN ISLAND COUNTY ROAD 512 MAINTENANCE AGREEMENT THIS AGREEMENT , made and entered into this 25th day of March, 2009 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida, hereinafter called the " County" and the CITY OF SEBASTIAN , a municipal corporation existing under the Laws of Florida, hereinafter the " City" . This document contains four (4) pages . 1 . The City hereby agrees to install , or cause to be installed a flagpole , landscape , irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the "Project" and incorporated herein as Exhibits A & B . If there are any major changes to the plans , the City shall provide the modified plans and the County shall provide their approval or disapproval within 10 business days . The City may elect to withdraw the landscape if changes are not approved within the given time frame . Failure for the County to provide either approval or disapproval shall not constitute permission to amend changes to the plan . Hardscape shall mean any non- standard roadway, sidewalk or median surface such as , but not limited to interlocking concrete or brick pavers , stamped asphalt and stamped concrete . The City is prohibited from placing any non-breakaway structures within FDOT Greenbook clear zones . 2 . The City agrees to maintain the landscape and irrigation within the Project boundary as specified in Exhibit B by periodic trimming , cutting , mowing , fertilizing , curb and sidewalk edging , litter pickup and necessary replanting . The City ' s responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the Project boundary . The City shall maintain in proper condition the flagpole and the flag( s) . Such maintenance to be provided by the City is specifically set out as follows : a . To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects ; to properly mulch the plant beds ; to keep the premises free of weeds ; to mow and/or cut the grass to a proper length ; to properly prune all plants which includes : ( 1 ) removing dead or diseased parts of plants , or (2 ) pruning such parts thereof which present a visual hazard for those using the roadway . b . To maintain also means removing or replacing dead or diseased plants in their entirety , or removing or replacing those that fall below original Project standards . All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications . 1