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SECTION NO. : 88010 <br /> FM NO. (s) : 228615 <br /> COiJNTY0 Indian River <br /> S.R. NO. : 5 <br /> DISTRICT FOUR (4) <br /> MAINTENANCE MEMORANDUM OF AGREEMENT <br /> 2A T44 <br /> THIS AGREEMENT , made and entered into this dayof May 20 05b <br /> and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a <br /> component agency of the State of Florida, hereinafter called the DEPARTMENT and INDIAN <br /> RIVER COUNTY, a political subdivision of the State of Florida, existing under the Laws of <br /> Florida, hereinafter called the AGENCY . <br /> WITNESSETH : <br /> WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 as part of the State <br /> Highway System; and <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 the highway facility as described in Exhibit A attached hereto and <br /> incorporated by reference herein, within the corporate limits (or unincorporated if County) of the <br /> AGENCY; and <br /> WHEREAS, the AGENCY is of the opinion that said highway facilities that contain <br /> landscape medians and areas outside the travel way to the right of way line, excluding standard <br /> concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, <br /> litter pick-up , necessary replanting, irrigation repairs, and median concrete replacements as needed ; <br /> and <br /> WHEREAS , 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 . 058 dated May 10 , 2005 , <br /> attached hereto and by this reference made a part hereof, desires to enter into this Agreement and <br /> authorizes its officers to do so ; <br /> NOW THEREFORE , for and in consideration of the mutual benefits to flow each to the <br /> other, the parties covenant and agree as follows : <br /> 1 . The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation <br /> and/or hardscape on the highway facilities as specified in plans and specifications hereinafter <br /> referred to as the Project and incorporated herein as Exhibit B . Hardscape shall mean any <br /> non- standard roadway, sidewalk or median surface such as , but not limited to interlocking <br /> concrete or brick pavers , stamped asphalt and stamped concrete . <br /> 1 <br />