94-48RESOLUTION NO. 94 -• 48
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A HIGHWAY
LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Courtney Campbell Parkway serves as the
major entry to the City of Clearwater for over 40,000 residents and
tourists daily, and
WHEREAS, the City of Clearwater and its residents have
completed beautification of the Parkway from the Clearwater line
west to the Parkway dedication monument site; and
WHEREAS, the City Commission 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 the Courtney Campbell Parkway; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
a Highway Landscape Maintenance Memorandum of Agreement between the
City of Clearwater, Florida and the Florida Department of
Transportation, copy of which is attached hereto as Exhibit A.
Section 2. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 18th day of ._ July 1994.
Attest;
C thia E. Goudeau, City Clerk
Rita Garvey, Mayor/ Co ssioner
�4(" `t d
M
HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the day of
, 1994 , 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 of the State of Florida,
existing under the Laws of Florida, hereinafter called the City.
W I T N E S S E T H
WHEREAS, the Department owns State Road 60 right -of-
way consisting of road improvements and grassed areas abutting
thereon located between Bayshore Drive and the PinglIns
County Line _ _ in P ;n I I as County, Florida
(the "Project Highway ") ; and
WHEREAS, the Department and the City are of the opinion that
the grassed areas of the Project Highway should be landscaped with
the various species of ground cover, wildflowers, plantings,
shrubs, trees and palms, to improve and enhance the aesthetic
quality of the Project Highway and the area encompassing the City;
and
WHEREAS, the Department, through the . Florida Highway
Beautification Council ("Council ") has awarded the City a
beautification grant for landscaping the Project Highway more
particularly set forth in that Highway Beautification Grant
Memorandum of Agreement dated Auaust z,_, 1991 ; and
WHEREAS, the City agreed in the Grant Agreement to maintain
all landscaped areas and irrigation systems to be installed along
the Project Highway (the "Project ") pursuant to the beautification
grant; and
WHEREAS, the beautification grant may not be initiated until
the parties enter into a maintenance agreement; and
WHEREAS, the City by Resolution No. 94 -48 ,
dated July 18,_1994 , desires to enter into this Agreement and
authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits
that flow each to the other, the parties covenant and agree as
follows:
I- Until such time as the Project is removed from the
Project Highway pursuant to Paragraphs 6 and 9 hereof, the City
shall at all times maintain the project in a reasonable manner and
with due care in accordance with all applicable Department
guidelines, standards and procedures ( "project Standards ").
Specifically, the City agrees to:
1
EXHIBIT A G}1K„��1
6/94
(a) removal of litter 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;
(f) mowing and /or cutting grass;
(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; and,
(h) Removal or replacement in their entirety of all
dead or diseased plants or other parts of the
Project that have fallen below project standards.
The City agrees to repair, remove or replace at its own expense all
or part of the Project that falls below Project Standards caused by
the City's failure to maintain the same in accordance with the
provisions of this paragraph. In the event any part or parts of
the Project, including plants, have to be removed and replaced for
whatever reason, then they shall be replaced by parts of the same
grade, size and specification as provided in the original plans for
the Project.
2. Maintenance of the 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 be not in conformance
with the applicable Project standards, the Department, in addition
to its right of termination under Paragraph 7(a), may at its option
perform any necessary maintenance without need of any prior notice
and charge the cost thereof to the City.
3. The Department's Local Maintenance Office shall be
notified forty--eight (48) hours in advance of commencing any
maintenance activities. The Local Maintenance Engineer with
responsibility for the roadway within this Project is A_ apnnp+t
located at 5211 Ulmerton Rd, N.; St. Petersbtra,r F7 r
telephone number 570t5.101 Prior to commencing any field
activities on this project, the City is to notify all the utilities
of their work schedule so that any affected utilities can be field
located and marked to avoid damage during maintenance activities.
2
7 v- �ly
6/94
4. The City will comply with all Departmental Maintenance of
Traffic Regulations. All vehicles, equipment and personnel shall
maintain a minimum of 15 feet clearance from the edge of pavement.
If the permittee desires to work closer to the edge of pavement
than 15 feet or close a traffic lane, a Maintenance of Traffic plan
must be submitted to the Local Maintenance Engineer for approval
prior to beginning construction and/or maintenance activities.
5. The Department will require the City to cease operations
and remove all personnel and equipment from the Department's right -
of -way if any actions on the part of the City or representatives of
the City violate the conditions or intent of this agreement as
determined by the Department.
6. 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 of
the Department. The City shall be given notice regarding such
removal, relocation or adjustment and shall be allowed sixty (60)
days to remove all or part of the Project at its own cost. The
City will own that part of the Project it removed. After the sixty
(60) day removal period, the Department will become the owner of
the unremoved portion of the Project and the Department then may
remove, relocate or adjust the Project as it deems best.
7. This Agreement may be terminated under any one of the
following conditions:
(a) By the Department, if the City fails to perform its
duties under this Agreement following fifteen (15)
days' written notice.
(b) By either party following sixty (60) calendar days'
written notice.
S. The term of this Agreement shall be for a period of ten
(10) years commencing on the date of execution of the agreement,
with one ten (10) year renewal options. Any renewal must be agreed
upon by both parties in writing thirty (30) days prior to the
expiration of the existing agreement.
9. in the event this Agreement is terminated, the Department
may, at its option, proceed as follows:
(a) Maintain the Project or a part thereof with
Department forces or private Contractors and
charge the City for the reasonable costs of such
work; or
3
9?1-V1
6/94
(b) Grant the city sixty (60) days after the date upon
which this Agreement is effectively terminated to
remove all or part of the remaining Project at her
own cost and expense. The City will own that part
of the Project it removed. After the sixty (60)
day removal period, the Department will become the
owner of the unremoved portion of the Project and
may, in its discretion, remove, relocate or adjust
the Project as it deems best.
10. Subject to Section 768.28, Florida Statutes, the City
covenants and agrees that it will indemnify and hold harmless the
Department and all of the Department's officers, agents and
employees from any claim, loss, damage, rent, charge or expense
arising out of any act, action, neglect or omission by the City
during the performance of the Agreement, whether direct or
indirect, and whether to any person or property to which Department
or said parties may be subject, except that neither the City nor
any of its subcontractors will be liable under this paragraph for
damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Department
or any of its officers, agents or employees.
11. 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.
12. 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.
13. This Agreement may not be assigned or transferred by the
City in whole or in part without consent of the Department.
14. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
15. 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 requested, or
by telex or telegram:
��- y4
6%94
(a) If to the Department, addressed to:
11201 North Malcolm McKinley Drive, M.S. 7 -1200
Tampa, Florida 33612,
or at such other address as the Department may from time to
designate by written notice to the City; and
(b) if to the City, addressed to:
P_O_ Sox 4748
r arw t r. FL 34618 ,
or at such other address as the City may from time to time
designate 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.
5
IV . Y
6/94
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and first above written.
Department Approval
as to Form and
Legality
Countersigned:
Rita Garvey
Mayor - Commissioner
Approved as to form and
correctness:
Alan S. Zimmet
Interim City Attorney
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Secretary
ATTEST: (SEAL)
Executive Secretary
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
P
IN- t Y