HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT
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HIGHWAY LANDSCAPING "fA./).lA-1 /5"-'/2.~u/
ME'MORANDUM OF AGREEMENT
1st DIST. MAINTENANCE SEP 1 0 1986
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THIS AGREEMENT, made and entered into this
day of
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, 192>~, by and between the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, a component Agency of the State of
Florida, hereinafter called the "DEPARTMENT", and the CITY OF CLEARWATER,
Florida, existing under the laws of Florida, hereinafter called the "CITY".
WIT N E SSE T H
WHEREAS, the State of Florida has provided for the purpose of Public
Transportation an 80' wide right-of-way consisting of traffic lanes, curbs,
gutters, and sidewalk on that part of S.R. 60 from (Section 15220 S.R. 60)
Mandalay Avenue east to bridge (See attached drawings), within the limits of
WHEREAS, the entire length of this above-mentioned project 1S
within the limits of the CITY; and
WHEREAS, the parties hereto are of the op1n1on that said sidewalk area
WHEREAS, the CITY, by Resolution No.
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reference made( a
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attached hereto and by this
part hereof, desires to enter into this Agreement and
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 €ITY will install plantings within the sidewalk area on
that part of State Road 60 from Mandalay Avenue to the channel bridge
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All such installations shall be made under the supervision
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The CITY hereby agrees to maintain the plantings following
the Department's recommendations as to produce, safety, and plant care, at the
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sole expense of the CITY.
The CITY'S responsibility for maintenance
shall include all landscaped and/or turfed areas on Department of
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~ ~ Transportation right-of-way within the limits of the project. Such maintenance
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~ -to be provided by the CITY is speci fically set out as follows:
" '0 ;'.It is t~.~ resDonSibilily of the p(>r~lJtlee'", ..p.". PERMllTEE IS CAUTIONED.
() \',,:0'1 all ::,."'" ana M " . '- ~_,_,rTlIrle ar.'; C:lrr.p;,
. "d.' un'c'pa, orU,nilnrec In'll ar<- ,.', r~ TI-IAT UTI LITI ES MAY BE
- ..-' CL'ilt")IIU("!I"jr"orOlhera . - - - ..r...lo,.lvet:J."e . .. .
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() morc s!rin;;.>ntlha" OeD I ~ ~ IS permit 3f){1 dre LOCATED ,^'ITH IN THE t- ==
,- - ' ar n'enl Of I ranSDOrtation r€o,,"crnC'1ts .. 0 ~
- c.. A1J portions of R/\V disturbed must - I - CONSTRUCTION AREA.. z >-
~; ~ be sodded where a gooo stand of ~;;,~~!~~:~ le.:nl"II.~ rwponlr.lllty, jarr.g.
,~ ,.... --:-- -' __ It all I . lIrue~'on. lor the Quality of tit
o ~ fr~l'~ L.\lSleJ lllcluiling crOSlOll i11e Pinel!as Maintenance OfL;C-::::ucSd iooe.aotl~~. ~he~81l II bti,inC. permitted to.
" , . ' r. . '\'. '''." ramage taell'lla, on 0"
7 ~ pI UllC ~;rI.'JS. -' ~ -',J!/ be not! f: ~d 24 hou rs i1 J r~,~~ ~~~;d"" right,ot,way or eam;""l 8';.:~n
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:~l.'..\':... ..'.. V p'.?. 'l,t-1. t I.~..J, . :" ance c! :,tz:rLI':J V)!j<~ '." ell ~r"ne"co vOl lI~ 1'''1',-:, 0_'
),:/{1. '!.J,:.:.,.o,J foe "I(I"!<::-' ",r'" ,,,!:: \'.' r.,~.\o)'.
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To maintain, which means that proper watering
and proper fertilization of all plants and
keeping them as free as practicable from
disease and harmful insects; to properly mulch
the plant beds; to keep the premises free of
weeds; to mow and/or cut the grass 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 removlng
or replacing dead or diseased plants in their
entirety, or removing or replacing plants that
fall below original project standards. All
plants 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 Department's Director of Main-
tenance for the use of alternate material or
deletions. To maintain also means to keep
litter removed from the sidewalk area or
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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 any time after the CITY has assumed the maintenance
responsibility above-mentioned, it shall come to 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 or deficiencies exist(s), by sending a certified
letter ln care of Director, Parks and Recreation Department to place
said CITY on notice thereof. Thereafter the CITY shall have a period
of thirty (30) days within which to correct the cited deficiencies.
If said deficiencies are not corrected within this time period the
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Department may at its option, proceed as follows:
(a) Maintain the sidewalk area for the entire length
within the limits of said project with
Department or 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 sidewalk area in grass and charge
the CITY the reasonable value of 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 road be widened, altered or otherwise changed to meet with
future criteria or planning of the Department. The CITY shall be given
sixty (60) days notice to remove said landscaping after which time the
Department may remove said landscaping and charge the CITY for the
reasonable cost of such removal.
5. This Agreement shall remain in effect until such time the
CITY wishes to cancel said agreement and this shall be done in writing
giving the Department thirty (30) days notice. All landscaping shall
be removed by the CITY and the Department's right-of-way returned to
its original condition. If, after thirty (30) days, the landscaping
has not been removed, the Department may at its option, proceed as
follows:
(a) Maintain the sidewalk area for the entire
len~th within the limits of said project
with Department or Contractors' personnel
and charge the CITY for the reasonable
value of said work;
OR
(b) Remove, by Department or Contractors'
personnel, all of thel andscaping
except as to grass, and plant the
entire sidewalk area in grass and charge
the CITY the reasonable value for such
work.
6. The City of Clearwater shall indemnify, defend, save,
and hold harmless the Department and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any
nature whatsoever arISIng out of, because of, or due to breach of
this Agreement by the City of Clearwater, its subconsultants, agents,
or employees or due to any negligent act or occurrence of omission or
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commission of the City of Clearwater, its subconsultants,
arising under this Agreement.
employees I Neither the City of Clearwater nor any of its
agents or
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agents will be
liable under this section for damages arising out of injury or damage to
persons or property directly caused or resulting from the sole neglig~nce IZ /
of the Department or any of its officers, agents, or employees. * ~?/
7. 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.
8. 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 presents
to be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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Dlrec 0 of Maintenance
(0-//( SEAL)
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MrYor-Comrnission~r
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Clerk
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APproV,ed as to forrnftl&
correctness: _~ ,
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City Attorney
*Nothing in this Paragraph 6 shall be construed to provide
t that either party may be held liable to any person not a party
, to this Agreement to any extent greater than the limits of
~ liability set forth in Section 768.28, Florida Statutes, and
neither party waives any defenses it may have under that
Section against claims from such persons.
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fi cat. i 0/'1:'" """"':.rt;l d.::vic'~" r~:' other i:;;proverr.ents,
when cl(:~~r~~~~ .. ~-,y :"'il: r-"1orida D~pClr\..!'nc:nl0f
TTanspor:;'L"; :.0 t)~ ,',.:.:ded in conJunction with a.ccept.ed
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SEE ATTACHED
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CIL S.R. No. ~
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ALL ACTIVITIES IN ACCORD.c.NCE WITH THIS PERM/1
WILL REQU;R~ ADHERENCE TO THE DE P/\RTMENrs
MANUAL ON .i;~AFFIC CONTRCL AND SAr=E PRACTICES
FO R ST RE::::T Ar-JD HIGI-;'.(/;:, Y CONSTRUCTION. MAIN.
TENANCE {.NO UTILITY OPcJ?ATIONS.
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All portions 6t r~;w dhturbecJ 111:
be sod(:~d wh~rc ,! ~ood s!a;~d of
gr~LS C"xisted incluuing erosion
SKETCH OF INSTALLATION prone urcas,....,
(not to scale)
YnePinelfas Maintenance 'ottleY
shall be ::otified 24 hours in
advallc~ of startina work
Phone 893-2734 -
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cOnstruction or 0",](" ;o,-t,'v,'., d _~ " ,,-.- ~'!La,~ relative to the
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more Slringenl1han CApar"" '" I"~t T on ,n,spermit 3nd are
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ffR~iT VOiD r.mp, gJ Of\'N
IJNLESS WORK IS CO'-4PLETUt
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PERM'T'rEE rs CAUTIONEQ
THAT UTILITIES MAY BE
LOCATED WITHIN THE
CONSTRUCTION AREA
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;amplellon of canslruc~IO~. fo~ Ihe Qua.l;tvd 010 ke tntr..
It slllocations whera It I~ be,l~9 p~rm:.te ment G~
~uced Into the drainage facilities on Depart rt.
~~~~.~~~~~IIOnth:igr~~:/.~a:3~~ t~~:8;;rn~it Ta~Sd ~:~:Ir~
.'" '., 'ct' of all drainaos connection! If the Qoall~y a
"~_'al' not maintained w:;hin limitationl estaBlll~:(
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SECTION /52"7 ~
STfj?AD No. W>
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CaUNiY
CITY LIMITS
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Exist. Sidewalk
NOTE: ANY SIDEWALK DISTURBED
WILL BE REPLACED BY SECTION
TO D.O.T. SPEC'S...
TYPICAL CURB AND GUTTER CROSS SECTION
(not to seal e)
j~'!:'!s.n'n INC.. TAUAUASSEE
(IF ABOVE TYPICAL SECTIONS .lonE NOT APPLICABLE. THEN SHOW APPLICA8LE ONE ON
BACK SIDE OF THIB 8HEET)
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CORONADO DR.
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RES 0 L UTI 0 N
No. 86 - 49
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING A LANDSCAPING AGREEMENT BETWEEN THE
CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR LANDSCAPING PORTION OF STATE ROAD 60, FROM
MANDALAY AVENUE TO THE CHANNEL BRIDGE, AND
AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, the City and the Florida Department of Transportation
have negotiated an agreement providing for the installation and
maintenance of landscaping on that portion of ,State Road 60
from Mandalay Avenue to the channel bridge, a copy of which
agreement, entitled "Highway Landscaping Memorandum of Agree-
ment," is attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission does hereby approve the
Highway Landscaping Memorandum of Agreement, and the City
Manager and City Clerk are hereby authorized to execute the
agreement on behalf of the City of Clearwater.
Section 2. This Resolution shall take effect immediately
upon aaoptlor..
PASSED AND ADOPTED t.'lis 17th day of July, 1986.
/s/ Kathleen F. Kelly
Mayor-Commissione~
Attest:
/s/ Cynthia E. Goudeau
City Clerk
I hereby cerGy that thIs is a true 2:":d
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appC3.1'S ;;--i 1;-;2 f>~:3 U~: -d-:s C~ty '-
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A portion of the bel~ listed requireIDcnts qre in addition to those outlined
in the Department's Utility Accommodation Guide, adop[ed July 1, 1979. These
requirements are subject to change without notice, and in no way do they re-
lieve the permittee of his liability for any damage which may occur as a
result of the utility installation and maintenance of same.
1. Daniel James Karas Phone 893-2734 with the Department of Transport-
ation, shall be notified at least 24 hours in advance of commencing work.
2. During the construction and/or maintenance of the utility, a~ approved by
this permit, all safety regulations of the State of Florida Department of
Transportation and other authorities shall be complied with including the
display of warning devices, signs and flagmen when applicable.
3. No part of the pavement is to be obstructed during the construction or
maintenance of this utility.
4. All above ground appurtenances shall be located at the right-of-way line.
5. Temporary storage on the Department's right-of-way material (poles, cables,
pipes, etc.) to be used in the construction of the utility will not be per-
mitted prior to the issuance of permit, and will be limited to a 3D-day
period, providing materials do not create a sight distance restriction and
that the offset distances as specified in the Utility Accommodation Guide
are met.
6. Temporary storage (not to exceed 7 calendar days) of trench excavations
will not be permitted within 12 feet of the pavement edge. Also, ,these
excavations are to be stored in such manner that the sight distance on
horizontal curves or intersecting side roads are not restricted.
7. No excavation shall be permitted within 4-feet of the pavement edge.
8. If the permitted utility includes mechanical boring, an inspector for the
Department of Transportation must be present.
9. All jacking and boring shall be done as a continuous opera~~on as specified
by the jacking and boring supplement of the Utility Accommodation Guide.
10. Open pavement cuts are not authorized unless indicated below.
11. Any poles shown to be constructed by this permit are not to exceed 24 inches
in diameter.
12. All trenches will be backfilled in accordance with the State of Florida
Department of Transportation's Specifications.
13. All open cut asphalt areas must be filled within 24-hours and capped with a
minimum of 3-inc~es of asphalt.
14. If driveway connections are anticipated to be disturbed as a result of the
installation of the utility approved by this permit, it is highly recommended
for the protection of the permittee. that prior to the construction. the
permittee file with the Department, photos showing the general condition of
any driveways to be affected.
15. If the utility is installed by contract, it is suggested that the permittee
prepare a letter for execution by the Department to the effect that the
utility has been installed at the location as approved by the permit and
right-of-way restoration is acceptable.
16. Before crossing any City or County facility connecting to State Roads, prior
approval as to the method used (jack or open cut) must be obtained from the
County Engineer's Office or City Engineer's Office.
17. All portions of Right-of-Way disturbed must be sodded where a good stand of
grass existed including erosion prone areas.
18. The applicant assumes all responsibilities during and after completion of
construction for the quality of the water at all locations where it is being
permitted to be introduced to the drainage facilities on Department of Trans-
portation right-of-way or easement. The Department retains the right to void
this permit and require removal of all drainage connections if the quality of
water is not maintained within limitations established by the Department of
Pollution Control or other appropriate governmental agencies.
OTHER REQUIREMENTS