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2005-376
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8/15/2016 12:22:19 PM
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9/30/2015 9:26:06 PM
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2005-100
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URBAN AND COMMUNITY FORESTRY GRANT <br /> MAINTENANCE MEMORANDUM OF AGREEMENT <br /> This agreement, made and entered into this the 15th day of November l20 05 , by <br /> and between the STATE OF FLORIDA , DEPARTMENT OF AGRICULTURE AND CONSUMER <br /> SERVICES , an agency of the State of Florida , hereinafter called the Department and the Indian River <br /> County Board of Commissioners , hereinafter called the Entity ( Subrecipient) . <br /> WITNESSETH <br /> WHEREAS , the Department desires to increase the general level of knowledge of the principles of <br /> urban and community forestry by granting funds to the Entity ( Subrecipient) for the establishment of a <br /> demonstration tree planting project as outlined in the Urban and Community Forestry grant application <br /> Number 051-1 -64 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit <br /> " 1 " and by reference made a part hereof; <br /> WHEREAS , the Department has awarded the Entity ( Subrecipient) an urban and community forestry <br /> grant for the improvements to the project property more particularly set forth in the Grant Agreement ; <br /> WHEREAS , the Entity ( Subrecipient) agreed in the Grant Agreement to maintain the project (as <br /> described in the Grant Application ) ; <br /> WHEREAS , the parties hereto recognize the need for entering into an agreement designating and <br /> setting forth the responsibilities of each party in maintaining the project ; and <br /> WHEREAS , the Entity ( Subrecipient) by Resolution 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 that flow each to the other <br /> herein and in Exhibit " 1 " , the Grant Memorandum of Agreement , the parties covenant and agree as follows : <br /> A . The Entity ( Subrecipient) shall maintain the project in a responsible manner and with due <br /> care in accordance with the below listed Project Standards for the property at the following <br /> location : <br /> Oslo Road (9th Street SW ) , east of U . S . Highway 1 , Vero Beach . <br /> Specifically , the Entity (Subrecipient) accepts the below listed responsibilities and duties : <br /> ( 1 ) All planting stock or replacement must be Florida Grade # 1 or better. <br /> (2 ) Proper watering and proper fertilization of all trees/plants . <br /> (3 ) Keeping trees/plants as free as practicable from disease and harmful insects ; <br /> (4 ) Proper mulching of trees and/or planting beds ; <br /> (5 ) Keeping the premises free of weeds ; <br /> (6 ) Mowing and/or cutting grasses to the proper length ; <br /> ( 7 ) Proper pruning of all trees which includes ; ( i ) removing dead or disease parts of trees <br /> or ( ii ) pruning such parts thereof which present a hazard ; <br /> ( 8 ) Removing and replacing dead or diseased trees/plants in their entirety , or removing <br /> and replacing those that fall below original Project Standards . <br /> (9 ) Following the Planting and Maintenance Guidelines as included herein as Exhibit C . <br /> The Entity ( Subrecipient) agrees to repair, or remove and replace at its own expense all or <br /> part of the project that falls below Project Standards . In the event any part or parts of the <br /> project , including all plants , must be removed and replaced for whatever reason , then they <br /> shall be replaced with the same grade , size and specification as provided in the original <br /> 1 <br />
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