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