HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT - SR 60 FROM OSCEOLA AVENUE TO HILLCREST AVENUE
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Department of T'ransportation
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BOB GRAHAM
GOVERNOR
PAUL N. PAPPAS
SECRETARY
Post Office Box 1249
Bartow, Florida 33830-1249
February 25, 1983
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33518
ATTN: Ms. Lucille Williams, City Clerk
Re: Landscaping Memorandum
of Agreement - Section 15040,
SR 60 - Osceola Avenue to
Hi 11 crest Avenue
. Dear Ms. Williams:
Enclosed is a fully executed copy of the subject agreement. This
authorizes construction of landscaping on SR 60 within the terms of
the agreement and sketch.
Should additional information be needed, you may contact Mr. L. M.
Courtney, Maintenance Engineer at our Pinellas Office or me.
~ilJerelY ,
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Donald G. Witmer
District Roadway
Maintenance Engineer
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Enclosure
RECEIVED
FEB 26 1983
CITY CLERK
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HIGHWAY LANDSCAPING
MeMORANDUM OF AGREEMENT
by and
1~S AGREEMENTEmade and entered into this
/J day of 19 t3
~etween the STAT OF FLORI A DEPARTMENT OF
TRANSPORTATION, a component Agency of the State of
Florida, hereinafter called the "Department", and
the CITY OF
CLEARWATER
, a municipal
corporation in
PINELLAS
County, Florida,
existing under the laws of Florida, hereinafter called
the "City".
WIT N E SSE T II:
WHEREAS, as a part of the continual updating
of the State of Florida Highway System, the Department,
for the purpose of safety, has created a median strip
and roadside area on that part of State Road
60
from
Osceola Avenue
to
Hillcrest Avenue
within
the corporate limits of the City, and
WHEREAS, the entire length of this above-mentioned
project is wi thin the corpor~te limits of the .Ci ty, and
WHEREAS, the parties hereto are of the opinion
that said median strip shall be attractively landscaped
with various flora; and
WEREAS, the City, by Resolution No. 82-112
dated December 9,
19~, 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 i the parties
,covenant i and agree as follows:
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1. The City will install plantings and/or side-
walk furniture within the median strip and/or roadside area
on that part of
State Road 60
from
Osceola Avenue
to
Ft. Harrison Avenue
according to the plans and specifications attached hereto
and made a part of this Agreement. Subsequent plans for
improvements to that portion
of State Road 60 between Ft.
Harrison Avenue and Hillcrest Avenue will be submitted on
individual permit application through the Department. All
such installations shall be mad~'under the supervision of
and to the satisfaction of the Department.
2. The City hereby agrees to maintain the
plantings following the Department's recommendations as
to procedure, safety and plant care, at the sole expense
of , the City. The City's responsibility for maintenance
shall include all landscaped and/or turfed areas on
Department of Transportation right~of-way within the
limits of the project. Such maintenance to be proviJed
by the City is specifically set out as follows:
To maintain, which means that proper
watering and proper fertilization of
all plants and keeping them as free
as practicable from:disease and harm;
ful insects,; to :.properly. mulch the
plant beds;' to keep the premises free
of weeds; to mow and/or cut the erass
to a proper length; to properly prune
all plants which includes (1) removing
dead or diseased parts of plants, or
(2) pruning such parts thereof which
present a visual hazard for those using
the roadway, To maintain also means
removing or replacing dead or diseased
plants in their entirety. or removirig
or replacing plants that fall below
original project standards. All plants
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removed for whatever reason shall be
replaced by plants of the same grade
. as specified in the original plans
and specifications and of a size
comparable to those existing at the
time of replacement, unless written
approval is obtained from the De-
partment's Director of Maintenance
for the use of al temate material or
deletions. To maintain also means to
keep litter r.emoved from the median
strip or landscaped areas within the
said project. Plants shall be those
items which would be scientifically
classified as plants and include but
are not limited to trees, grass, or
shrubs,
3, If at any time after the City has assumed'
the maintenance responsibility above-mentioned, it shall
QQmeto the attention of the Department's Director of
Maintenance that the project or a part thereof is not
being properly maintained pursuant to the terms of this
Agreement, said Director of Maintenance may at his
option issue a written notice that a deficiency 0_1' de-
ficiencies exist(s). by sending a certified letter in
care of the Clearwater City Manager to place said Gity
on notice thereof. Thereafter the City shall have a
period of (30) thirty days within which to correct the
cited deficiencies. If said deficiencies are not cor-
rected within this time period the Department may at
its option. proceed as follows:
(a) Maintain the median strip for the entire length
within the limits of said project with Department or
c.
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Contractors' personnel and charge the City for the
reasonable value of said work; or
(b) Remove, by Department or Contractors' personnel,
all of the landscaping except as to grass, and plant
the entire median strip in grass and charge the City
the reasonable value for such work.
4. It is understood between the parties
hereto that the landscaping covered by this Agreement
may be removed, relocated or adjusted at any time in
the future as found necessary by the Department in
order that the adjacent state roa~be widened, altered
or otherwise changed to meet with future criteria 01'
planning of the Department.
5. The City hereby agrees to indemnify,
defend, save and hold harmless the Department from
,
all claims, demands, liabilities and suits of any
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nature whatsoever arising out of, because of, or due
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to the breach of this Agreement by them, their sub-
contractors, agents or employees, or due ~o ::my act
or occurrence of omission or commission of the City
or the County. their subcontractors, agents or
employees. It is specifically understood and agreed
that this indemnification agreement does not cover or
indemnify the Department for its own negligence Qr
breach of contract.
6. The Department's Director of
Maintenance shall decide all questions. difficulties
and disputes of any nature whatsoever that may arise
under or by reason of this Agreement, the prosecution
or fulfillment of the services hereunder and the
character. quality, amount and value thereof; and his
decision upon all claims, questions and disputes shall
be final and conclusive upon the parties hereto.
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7. This Agreement is nontransferable and
nonassignable in whole or in part without written
consent of the Department.
IN WITNESS WHEREOF, the parties hereto
have caused these presnets to be executed, the day
and year first above written.
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATIO
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BY:
irector of Administration
WITNESSES:
ATTEST:~sI ~SEAL)
ACTING Executive Secretary
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CITY
BY:
.--YJ City ana or -
AT~~L~~~t(Sf:AL)
City Clerk
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. DEPARTMENT OF TRANSPORTATION CENTRAL OFFICE REVIEW:
Reviewed: ~{'~ '7~/O".gJ
Roadway Maint. Op. Sec. Date
fJd
Recommend
Approval:
Funds
Available:
Bureau of Fiscal
Date
.. r : Approved: as to ~
Approved: 1.. 16 t}Form & Legality: ..,
Direc 0 f Mainten nce Date Attorne" ate
D.O.I.
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RESOLUTION
No. 82 - 112
A RESOLUTION AUTHORIZING LANDSCAPING
AGREEMENT BETWEEN CITY AND STA TE
DEPAR TMENT OF TRANSPOR TA TION ON A
PORTION OF STATE ROAD NO. 60, FROM
OSCEOLA AVENUE TO HILLCREST AVENUE.
WHEREAS, as a result of negotiations between parties, the City
and the Florida Department of Transportation desire to enter into an
agreement providing for maintenance of landscaping on that portion of
State Road No. 60 from Osceola Avenue to Hillcrest Avenue, all of which
is within the corporate limits of the City, a copy of which agreement is
hereto attached entitled "Highway Landscaping Memorandum of Agreement";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA,
IN SESSION DUL Y AND REGULARL Y ASSEMBLED, AS
FOLLOWS:
1. That the City Commission does hereby approve the Highway
Landscaping Memorandum of Agreement and the City Manager, City Clerk,
Mayor-Commissioner, and City Attorney are hereby authorized to execute
and deliver same on behalf of the City of Clearwater.
2. That this Resolution shall become effective immediately 'upon
its pas sage.
PASSED AND ADOPTED this 9th
day of December, A. D. 1982.
/s/ Charles F. LeCher
Mayor-Commissioner
Attest:
/ s / Lucille Williams
City Clerk
\, Lucille Williams, City Clerk. do
hereby certify that ihisis a true and
correct copy of the originaLasit appears
in the files oLthe CilyofClearwater.
Witnes-smy hani! an.d thee offidal seal
of the City of Clearwater this1.4 th day
of Ja. n(Jj.jJ!-BL... ..... ". .
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STREETSCAPE PLANS
IN FILE
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