HomeMy WebLinkAbout2007-038RESOLUTION NO. 2007- 038
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 SR60 BETWEEN 82ND
AVENUE AND 66TH AVENUE (MP 23.923 TO MP 26.072)
WHEREAS, the State of Florida Department of Transportation wishes to install
$795,032.05 worth of landscaping and irrigation within the right-of-way of SR60 from just
west of 82nd Avenue to 66th Avenue; 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 s
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 Aye
Vice -Chairman Sandra L. Bowden A•ye
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
17th day of April , 2007.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:_1
Gary C. We1er, Chairman
ATTEST: Jeffrey K. Barton, Clerk
By:
eputy Clerk
Approved as to/�forrry�nd�L dal sufficiency
By: JJL&
William K. DeBraal
Assistant County Attorney
F:\Public Works\Luanne M\Resolutions\SR60 MOA res 04-17-07.doc
SECTION NO.: 88060
FM NO.(s): 228627-1-52-01
COUNTY: Indian River
S.R. NO.: 60
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this . e - day of 2007by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSP TATION, 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 60 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 Resolution 07-038 dated Apr i 1 17 , 2007 ,
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:
1. 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
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
day and year first above written.
AGENCY
By:
Mor / Chairperson
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ---------7 G
Transportation pevelopment D. or liat
�,ppE OF'
z
ir
0p7RN,5 Date
EAL) Attest: '2.\.1
Clerk %LK. BARTON eo oP� axecutive Secreta
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* , y * DARCY R. VAS MY COMMISSION # DD 391140
EXPIRES:January 31,2009
ods ' Bonded Nu Budget Notary S ice6
Cpproval as to Form
I7 Cr/ CTS -s-i/o-c)0
A proval as to Form
APPROVED AS TO FORM
AND LEG , L SUFFICI .
L.+.l t• /u
BY
WILLIAM K. DEBRAAL
"•SSISTANT COUNTY ATTORNEY
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