HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT AND RESOLUTION NO. 05-43
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HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
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THIS AGREEMENT, made and entered into as of the /?8dayof ~, 2005,
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, a political subdivision ofthe State of Florida, existing under the Laws of Florida,
hereinafter called the "Local Government".
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WITNESSETH
WHEREAS, the Department owns State Ro~d 595 right-of-way consisting of road
improvements and grassed areas abutting thereon located between 80' south of Stevenson's Creek
Bridge and the south beginning of Stevenson's Creek Bridge in Pinellas County, Florida (the
"Project Highway"); and
WHEREAS, the Department has responsibility for operation and maintenance of the State
Highway System: and
WHEREAS, the Department is authorized pursuant to Section 335.055, Florida Statutes to
enter into contracts with counties and municipalities to perform routine maintenance work on the
State Highway System within appropriate boundaries; and
WHEREAS, the Local Government has beautified the Project Highway by the installation of
landscape improvements which would enhance its aesthetic quality; and
WHEREAS, the Local Government has agreed to continue to maintain those landscape
improvements in accordance with the provisions of Section 2 below; and
WHEREAS, both parties hereto recognize the need for entering into an agreement to replace
expired Landscape Maintenance Memorandum of Agreement 12-95, designating and setting forth the
responsibilities of each party in maintaining the landscaping; and
WHEREAS, the Local Government by Resolution No. 05 - 43 , a copy of which is
attached hereto as Exhibit "A", has authorized its officers to execute this agreement on its behalf,
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the
other, the parties covenant and agree as follows:
1. The Local Government shall at all times maintain landscape improvements on those
areas of the Project Highway as specified in the Construction Plans and Specifications attached
hereto as Exhibit "B", all of which are hereby incorporated herein and made a part hereof by this
reference, being hereinafter referred to as the "Project". Except as permitted in this agreement, the
Local Government shall not modify the Project as installed, without prior written approval of the
Department. In the event that any portion ofthe Proj ect is at any time determined by the Department
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to not be in conformance with all applicable laws, rules, procedures and guidelines of the
Department, or is determined to be interfering with the safe and efficient operation of any
transportation facility, or is otherwise determined to present a danger to public health, safety, or
welfare, said portion shall be immediately brought into departmental compliance at the sole cost and
expense of the Local Government.
2. Specifically, the Local Government agrees to carry out the following maintenance
responsibilities:
(a) removal oflitter from the Project Highway;
(b) watering and fertilization of all plants;
(c) mulching of all plants beds;
(d) keeping plants as free as practicable from disease and harmful insects;
(e) weeding the Project premises routinely;
(t) mowing and/or cutting grass within the landscaped areas.
(g) pruning all plants, specifically removing of all dead or diseased parts of plants and
pruning of all parts of plants which present a visible hazard to those using the
roadway;
(h) replacement, or at the Local Government's option, removal of all dead or diseased
plants or other parts of the Project that have fallen below project standards. All
replacements should be of substantially the same grade, size and specification as
originally provided for in the plans and specifications, unless otherwise authorized by
the Department; and
(i) routine maintenance as prescribed by the manufacturer all parts of any Project
irrigation system.
3. The Department recognizes that the Local Government must comply with Section 166.241,
Florida Statutes. This Agreement shall not be construed to modify, in any way, the Local
Government's obligations under those statutes.
4. Maintenance ofthe Project shall be subject to periodic inspections by the Department. In the
event that any of the aforementioned responsibilities are not carried out or are otherwise determined
by the Department to not be in conformance with the applicable Project standards, the Department
may terminate the agreement in accordance with paragraph 10(a).
5. The Department's Area Maintenance Office shall be notified forty-eight (48) hours in
advance of commencing any scheduled maintenance activities. Emergency repairs shall be
performed without delay and the Area Maintenance Office notified immediately. The Area
Maintenance Engineer with responsibility for the roadway within this Project is Mr. Brian A.
Bennett, P.E., located at 5211 Ulmerton Rd, Clearwater, Florida 33760. telephone number (727)
570-5101.
6. Prior to commencing any major reconstruction or renovation activities on this project, the
Local Government is to notify all the utilities oftheir work schedule so that any affected utilities can
be field located and marked to avoid damage.
7. Ifthe Local Government desires to position vehicles, equipment, or personnel, or to perform
maintenance activities closer than fifteen feet to the edge of pavement, or to close a traffic lane, a
Maintenance of Traffic shall be in accordance with the Project plans and all Departmental
Maintenance of Traffic Regulations. The permittee shall have Maintenance of Traffic certified
personnel supervise the set up and operation of such Maintenance of Traffic devices at the site ofthe
construction or maintenance activity.
8. The Department will require the Local Government to cease operations and remove all
personnel and equipment from the Department's right-of-way if any actions on the part ofthe Local
Government or representatives of the Local Government violate the conditions or intent of this
agreement as determined by the Department.
9. It is understood between the parties hereto that any or all of the Project may be removed,
relocated or adjusted at any time in the future as determined to be necessary by the Department in
order that the adjacent state road be widened, altered or otherwise changed to meet with the future
criteria or planning ofthe Department. The Local Government shall be given notice regarding such
removal, relocation or adjustment and shall be allowed sixty calendar days to remove all or part of
the Project at its own cost. After the sixty calendar day removal period, the Department may remove,
relocate or adjust the Project as it deems best. Wherever the Local Government is entitled to remove
vegetation pursuant to this paragraph, the Local Government shall restore the surface ofthe affected
portion of the project premises to the same safe condition as it was before installation of such
vegetation. The restoration expected shall consists of grading and filling holes and indentations
caused by the aforesaid removal, as well as any seeding or sodding necessary to provide a grassed
area.
10. This Agreement may be terminated under anyone of the following conditions:
(a) By the Department ifthe Local Government, following fifteen working days written
notice, fails to perform its maintenance responsibilities under this Agreement.
(b) By the Local Government following sixty calendar day's written notice.
(c) By the Department following sixty calendar day's notice.
11. Within 60 days following a notice to terminate pursuant to 10(a) or 1 O(b), ifthe Department
requests, the Local Government shall remove the Project and restore the Project premises to the same
safe condition existing prior to installation of the Project. If the Department does not request such
restoration or terminates this Agreement pursuant to 1 O( c), the Department may remove, relocate or
adjust the Project as it deems best.
12. To the extent provided by law, the Local Government shall indemnify, defend, and hold
harmless the Department and all of its officers, agents and employees from any claim, loss, damages,
cost, charge, or expense arising out of any act, error, omission, or negligent act by the Local
Government, its agents, or employees, during the performance ofthe Agreement, except that neither
the Local Government, its agents, or its employees will be liable under this paragraph for any claim,
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loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by the
Department or any of its officers, agents, or employees during the performance of the Agreement.
When either party receives notice of a claim for damages that may have been caused by the other
party in the performance of services required under this Agreement, that party will immediately
forward the claim to the other party. Each party will evaluate the claim, and report its findings to
each other wi thin fourteen working days and jointly discuss options in defending the claim. A party's
failure to promptly notify the other of a claim will not act as a waiver of any right herein.
13. The Department's District Secretary 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 service 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.
14. This Agreement embodies the entire agreement and understanding between the parties hereto
and there are no other agreements or understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
15. This Agreement may not be assigned or transferred by the Local Government, in whole or in
part without consent of the Department.
16. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
17. All notices, demands, requests or other instruments shall be given by depositing the same in
the U.S. Mail, postage prepaid, registered or certified with return receipt:
(a) Ifto the Department, address to District Landscape Architect, Florida Department of
Transportation, 11201 North Malcolm McKinleyDriveMS 7-1200, Tampa, Florida
33612, or at such other address as the Department may from time to designate by
written notice to the Local Government; and
(b) Ifto the Local Government address to the City of Clearwater, 100 S. Myrtle Avenue,
Clearwater, Florida 33756, or at such other address as the Local Government from
time designates by written notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all such notices,
demands requests and other instruments.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF CLEARWATER
a political subdivision of
the State of Florida
BY:~~'B_ ~-:o:
Name: l.Ji 11 i:lm B Hnrne IT
Title: City Manager
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Attest: .-~-,,' . ~ ,.--. ;-.< .'> ~
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V Name: cyn~~a E~"'G6~o.au I ~~
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Legal RevieW':. -.- -:" . . .
Approved as t<5.'~O'r~:
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Countersigned:
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,-Ndme: Frank V. Hib'bard
Title: Mayor
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Legal Review:
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Office of the General Counsel, District 7
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RESOLUTION NO. 05-43
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE CLTY MANAGER TO
CONTINUE THE HIGHWAY LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION, AS ORIGINALLY
AGREED TO IN 1995; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the North Fort Harrison I Stevenson Creek Bridge area serves as a
major thoroughfare along State Road 595 in the City of Clearwater for over 108,000
residents and tourists daily; and
WHEREAS, the City of Clearwater has 0.02 miles of beautification along the
rights-of-way to the south of the Stevenson Creek Bridge, in which interest has been
demonstrated in maintaining existing landscaping; and
WHEREAS, the City Council desires to authorize the City Manager to execute a
Highway Landscape Maintenance Memorandum of Agreement in order to meet the
City's long-range goal of beautifying and maintaining the area to the south of the
Stevenson Creek Bridge, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into a Highway
Landscape Maintenance Memorandum of Agreement with the Florida Department of
Transportation.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 3rd
day of November
,2005.
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"F1'5nkV. Hibbard'. .:.....'..-.. .
Mayor " .'-~ -'-:.-"/
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Laura Ipowski
Assistant City Attorney
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WOlnes!! m);: lWrd and offiCial seal of
the CLty Of~
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Deputy City aerie
Resolution No. 05-43
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State Road 595 Right-of-way along North Fort Harrison Avenue
Located between Stevenson's Creek Bridge and 80' south of bridge
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