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2009-090
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Last modified
3/4/2016 1:46:16 PM
Creation date
10/1/2015 3:24:38 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/07/2009
Control Number
2009-090
Agenda Item Number
8.D.
Entity Name
City of Sebastian
Subject
County Road 512 Right of Way Maintenance Agreement
Resolution 2009-034
Area
County Road 512
Supplemental fields
SmeadsoftID
10543
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c . To maintain also means to keep the hardscape areas free from weeds and <br /> replacement of any areas becoming in disrepair so as to cause a safety hazard . <br /> d . To maintain also means to keep litter removed from the median and areas <br /> outside the travel way to the right of way line . Plants shall be those items <br /> which would be scientifically classified as plants and include but are not <br /> limited to trees , grass , or shrubs . <br /> If it becomes necessary to provide utilities to the Project area (water/electricity) for these <br /> improvements , all costs associated with irrigation maintenance , impact fees and <br /> connections as well as on-going cost of water are the maintaining City ' s responsibility . <br /> The above named functions to be performed by the City may be subject to periodic <br /> inspections by the County at the discretion of the County . Such inspection findings will <br /> be shared with the City and shall be the basis of all decisions regarding , repayment, <br /> reworking or Agreement termination . The City shall not change or deviate from said <br /> plans without written approval of the County . <br /> 3 . If at anytime after the City has assumed the landscape installation and/or <br /> maintenance responsibility above-mentioned, it shall come to the attention of the <br /> County ' s Public Works Director that the limits or a part thereof is not properly <br /> maintained pursuant to the terms of this Agreement, said County Public Works Director <br /> may at his option issue a written notice that a deficiency or deficiencies exist(s), by <br /> sending a certified letter to the City, to place said City on notice thereof. Thereafter the <br /> City shall have a period of Ninety ( 90) calendar days within which to correct the cited <br /> deficiencies . If said deficiencies are not corrected within this time period, the County <br /> may at its option, proceed as follows : <br /> a. Maintain the project area or a part thereof utilizing County personal or its <br /> agents , and invoice the City for expenses incurred , or <br /> b . Terminate the Agreement in accordance with Paragraph 6 of this Agreement <br /> and remove , by County ' s personal or its agents , all of the improvements installed under <br /> this Agreement or any preceding agreements and charge the City the reasonable cost of <br /> such removal . <br /> 4 . It is understood between the parties hereto that the Project improvements covered <br /> by this Agreement may be removed, relocated or adjusted at anytime in the future as <br /> determined to be necessary by the County in order that the adjacent road be widened, <br /> altered or otherwise changed to meet with future criteria or planning of the County . The <br /> City shall be given sixty ( 60) calendar days notice to remove said landscape after which <br /> time the County may remove same . All permits (including tree permits) , fees , and any <br /> mitigation associated with the removal , relocation or adjustments of these improvements <br /> are the City ' s responsibility . <br /> 5 . The City agrees to reimburse the County all monies expended for the Project, <br /> should the landscape/hardscape areas fail to be maintained in accordance with the terms <br /> and conditions of this Agreement . <br /> 2 <br />
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