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HomeMy WebLinkAbout2007-03610 RESOLUTION NO. 2007- 036 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT FOR SR510 (WABASSO ROAD) FROM EAST OF SR5/US1 (MP 6.379 TO MP 8.486) WHEREAS, the State of Florida Department of Transportation wishes to install $28,392.00 worth of landscaping and irrigation within the right-of-way of SR510 from east of SR5/US1 to SRA1A; and WHEREAS, in consideration of the Department's installation of landscaping improvements they wish Indian River County to maintain the installed landscaping. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman is authorized to execute District Four Maintenance Memorandum of Agreement as described above. The resolution was moved for adoption by Commissioner Davi and the motion was seconded by Commissioner Wheel er , and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Ave Vice -Chairman Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this Apri 1 day of 17th , 2007. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Gary C. W eler, Chairman ATTEST: Jeffrey K. Barton, Clerk Deputy Clerk Approved as to for a g sufficiency BY' William K. DeBraal Assistant County Attorney FAPublic Works\Luanne M\Resolutions\SR510 MOA res 04-17-07.doc 041-1-7-o7 ?N SECTION NO.: 88050 FM NO.(s): 413803-1-52-01 COUNTY: Indian River S.R. NO.: 510 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20___,by and between the STATE OF FLORIDA DEPARTMENT, OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the Indian River County, a political ,subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 510 as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY. by Resolution2Ro'-036 dated April 17 ) 20 07 attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE,for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The DEPARTMENT hereby agrees to install or cause to be installed 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 Exhibit B. If there are any major changes to the plans, the Department shall provide the modified plans and the AGENCY shall provide their approval or disapproval within 10 business days. The Department may elect to withdraw the landscape if changes are not approved within the ir?t (..a?;esti:?x .'rt )r1 i ;lcfer. Xl(.)A Dralls':SR' ' 10 4J'A801 liniian River l`ly [lage -t- u IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: May r / Chairperson Transportation Development Director Date 6.C, Attest: `"�'� �`"" (SEAL) Attest: (SEAL) FVC!ClerkExecutive Secretary DARCY R. VASILAS MY COMMISSION t DD 391140 ** EXPIRES: January 31. 2M Approval as to Form ���rEppp0�\LOeD"Thru ptNoUrySV*66 APPROVED AS TO FORM AND L GAL SUF ICI Y/ B klol (/ ILL AM K. DE9RAAL ASSISTANT COUNTY ATTORNEY Approval as to Form Date F. ._,t; f,1A.tR41 Page 6