MEMORANDUM OF AGREEMENT STEVENSON'S CREEK BRIDGE
SENT BY:
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JfJGIIWAY LAN~S~~n KAI~TENANCE HEHORANDUK OF
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TJl~S GR~EMENT, made and entered into as of the //~. day of
?... ~, 1995, by and between the STAi'E OF FLORIDA
DEPART NT OF TRANSPORTATIONJ a co.ponent agency of the state of
Florida, hereinafter called the "Department" and the City of
C"lear......"".. , a political subdivision of the State of "lorida,
existing undel' the Laws of Florida" hereinafter called the City.
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AGREEMflN'r
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WHEREAS, the Depcu.tlllGnt owns stato Road .595 right-of-
way consisting ot road improvements and grassed areas abutting
thereon lpcated between Stevenson I $ Creek Bridqe and 80 I south of
bridae in Cleatw~ter City, Florida
(the "Project Highway") ; and
WHEREAS, the Department and the city are of the opinion that
the g~assed areas at the Project Highway should be landscnped with
the various species of ground cover, wildflowers, plantings,
shrubs, trees and palms, to ill\prove and enhance tIll:! aesthetic
quality of the Project Highway and the area encompassing the City;
and .
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WHEREAS, the Department, through
Beautif ication Council ("counci 1") had
beautification grant for landscaping the
paX'ticularly set forth in that HJ.ghway
Memorandum of Agreement dated ~~-w~
the Florida Highway
awarded the City a
Project Highway more
Beautification Grant
/I , 199-5....; and
WHEREAS, the City agreed 'in the Crant Agreement to maintain
all landscaped are~s and irrigation systems installed along the
Project Highway (the "Project") in associat i on with the
beautitication grant; and
WHEREAS, the City by Resolution No. 95-12 ,
dated Jannarl' 3p, ,1995 _, desh'es to enter' into this Agreeluent and
authorizes its officers to do so.
NOW '!'tlEREFORE, for and in consideration of the mutual benefits
that flow each to the other, the parties covenant and agr~~ as
follows:
1. Unti 1 such time as the Project is rell\oved from the
Project Hi9hway pursuant to Par~graphs G and 9 hereof, the City
shall at all times maintain the Project in a reasonable' manner and
with due care in ~ccordance with dll appJlcabl~ Department
qUidelines, st.andards and procedures ("Project standards") .
Specifically, the City agrees to:
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(a) removal of litter fro~ the projeot Highway;
(b) watering and fertilization of all plants;
(e) mulching of all plants beds;
(d) keeping plants as, free as practicable from disease
and harmful insects;
(e) weeding tne Project premises routinely;
(f) mowing and/or cutting grass;
(g) pruninq 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.
0( .f
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 m~intaln t~e same in accordance with the
p~ovi$ions 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 b~ replaced by parts of the sa.e
grade, size and specit1cation'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
atorementioned 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 o( any prior notice
and charge the cost thereot to the city.
3. The Department's Looal Maintenance Office shall be
notified forty-eight (~8) hours in advance of commencinq any
maintenance activities. The Local Maintenance Engineer with
responsibility tor the' roadway within this Project ilii Brian Bennett
located at 1);nlAl)sR MAintRnance Division, 5211 Ulmerton Rd. Clea~ater
telephone number 510-51PJ . Prior to commencing any field
acti"1tles on this project, the city is t.o notify aU the utilities
of their work schedule so 'tbat any affected utilities can be tield
located and ~arked to avoid damage during maintenance aotivitles.
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4. The City will comply with all Departmental Maintenance of
Traffic Regulations. All vehicles, equipment and personnel shall
maintain a minimum of 15 feet clea~ance 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
~ust be submitted to the ~ocal Maintenance Engineer for approval
prior to beginning construction and/or maintenahce activities.
5. The Department will require the City to cease operations
and remove all personnel and ..equipment from the Department. 6 r ight-
of-way if any actions on the part of the city or representatives of
the City violate the cond,itions 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 Depart~ent
in. order that the adjacent stat.e road be widened, altered or
othGrWise changed to .eet with the future criteria or, plannin9 of
the Department. The City shall' be given notice regardinq such
removal, relocation or adjustment and shall be allo~ed sixty (60)
days to remove all or part of the'~roject at its Own cost. ~he
City will own that part of the Pr~jeot it removed. After the sixty
(60) day removal period, the Department will become the owner of
the unremoved portion ot the Project 'a~d the Department then may
remove, relocate or adjust the Project as it deems best. Whenever
the City is entitled to remove vegetation purs~ant to this
paragraph, and to Paragraph 9(b) hereof, the City shall restore tbe
surface of the affected portion'of ~e project premises to the same
safe condition as it was before installation or such vegetation
pursuant to the Grant. The restoration expected shall consist of
g~ading and filling holes and indentations caused by the aforesaid
removal. .
1. This Agreement.may be terminated under any onQ of thQ
following oonditions:
(a) By the Department; it ~he City fails to perform its
du~ies under this Agreement following fifteQn (15)
days' written notice.
(b) By either party folloWing sixty (60) calendar days'
written notlce.
8. The term of this Agreemant shall be tor a period of ten
(to) years commencing on the date of execution of the agreement,
with one ten (10) year ren~wal option. Any renewal must be agreed
upon by both parties in writing thirty (30) days prior to the
expiration ot the existlh9 agreement.
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9. In the event this Aqreement is terminated, the Department
.aYf at its option, proceed as follows:
(a) Maintain the Project or a part thereof with
Department toroes or private contractors and
charge the City for the reasonable costs of such
work; or
(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 projeot and
restore the area to its original prelandscaped safe
condition at their own cost and expense. The city
will own that part of the Project it removed.
After the ,sixty (60) day re.oval period, the
Departme"t will become the owner of the unr~moved
portion of the Projeot 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 ~he Department's officers, agents and
emplQyees from any claim, loss, d~.age, rent, charge or expense
arising out ot any act, action, neglect or omission by the City
during the performance of the Agreement, whether direct or
indirect, a~d whether to any person or property to which Department
or said par~ies may be subject, exoept that neither the City nor
any of its subcontractors will be liable under this paragraph for
damages arising out of injury or dauC}e to persons or 'property
directly caused or resulting from the sole negligence of Department
or any of its officers, agents ,or emp~oyees.
11. The Department's District Secretary shall decide all
questions, difficulties, and disputes of any nature whatsoever that
.ay ~rise under or by reason of this Agreement, the prosecution, or
fulfillment of the service herGund.~ and the character, quality,
amount., and value thereof; and t\ls' decision upon all clai.s,
questions, and' d4.sputes shall 'be final and conclusive upon the
parties hereto.
12. This Agreeme~t embodies thG entire agreement and
understanding between the parties hereto and there are no other
agreements o'r understandings, oral or written, with reference to
the subject matter hereof that ,are not merged herein and superseded
hereby.
13. This Agreement ~y not be assigned or tr~nsterred, by the
City in whole or in part without consent of the Depart~ent.
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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, postaqe
p~epaid, registered or certified with return receipt requested, or
by telex or ,teleqram:
(a) If to the Department, addressed to:
11201 North Maleolll McKinley Drive', M. S. 7-1200
Tampa, Plorida 33612,
or at such other address as the Department ma.y frol1l time to
designate by written notice to the City; and
(b)
If to the city I addressed to:~,&,... M~ ft,c(.:1b,r q/-"
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or at such other address as the City may from time to time
designate by w~itten notice to the Department.
All time limits provided hereunder shall run from the date of
receipt of all such notices, demands; requests and other
lnstrWllents.
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IN WITNESS WUER&OF, the parties hereto have caused these
presents to be executed the day and year first above written.
epartment
as to Form
'Legallty
STATE OF FLORIDA
DEPARTMENT o~ TRA~~
DY~":'" ~~. \
District Secretary
ATTEST: flhJrn... ~ (SEAL)
E~utive Secretary
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Countet"s1qned;
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R ta arvey
Mayor-commissioner
CITY OF CLEARWATER, FLORIDA
By. ~H
. E zabet M. Deptula
C ty Manager
Approved as to for.
and corrections:
Attest:
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