HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT
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JUGIIW1\Y L1\NDBC1\PE H1\INTEN1\NCE MEHOR1\NDUH OF 1\GREEHENT
A TilL S l\GREEMENT, made and entered .into "s of the t81h. d<lY 0 f
. I.1lrtt4r , 199~, by,. and between the STl\TE OF FLOIUIJl\
UEPl\ T ENTOF TRl\NSPORT1\Tlq'N, a component ngency of the St:nte of
F lor ida, hereina fter ca lIed the "Department" nnd the City o~_____
Clearwater , a political subdivision of the state of Floridn,
ex! s t i ng under the Laws of Flor ~da, herein<l f ter ca lIed the Clty_
WIT N E SSE T II
\'lIIEREl\S, the Department owns state Road ~O right-of-
way consisting of road improvements and grassed areas nbutting
thereon loca ted between the Memorial Monument and the Water Pollution
Control Plant in Pinellas County, F lot' ic1n
(the "Project lIighway") ; and
\'1I1EREl\S, the Department and the City are 0 f the
opin ion tha t the grassed areas of the proj ect Highway shou ld 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 Mnn1lmpnr- ~i r-p ; and
WIIERE1\S, the Department, through the Florida lIighwiJY
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 , 199 (the "Grant
l\greement") attached hereto as Exhibit "1\" and by reference mude i:l
part hereof; and
\\1HERE1\S, the (:i ty agreed in the Grant 1\greement l:o
maintain_ ,all landscaped -areas and irrigation systems- to be
installed along the Project Highway (the "Project") pursuant to the
beauti.fication grant; and
HIIEREl\S, the beautification grant may not be initiated until
the parties enter into a maintenance agreement; and
HIJEREi\S, the City by Resolution No. J)-39____.
, dated Julv 12,1993 " desires to enter int:a
this l\greement and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutunl b("nr~[tts
that [low eilch to the other, the pilrties covenant iJnd "qr.~e .'s
follows:
1. Un ti 1 such time as the proj ect is removed from 1:11 ~
Project Highway pursuant to Paragraphs J ilnd 5 hereof, the _~!.~!_
shall at all times maintain the Project 111 il
reasonable mrtnner and with due care in accordance wi.th ill 1
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applicable Department guidelines, standards and
("Project Standards"). Specifically, the City
to:
procedures
agrees
(a) Properly w~iter and fertilize all plants, keeping
them as free as practicable from disease and harmful insects;
(b) Properly mulch plant beds;
(c) Keep the premises free of weeds;
(d) Mow and/or cut the grass to the proper length;
(e) Properly prune all plants which responsibili ty
includes (i) removing dead or diseased parts of plants or (ii)
pruning such parts thereof which present a visible hazard for those
using the roadway; and
(f) Remove or replace dead or diseased plants in their
entirety, or remove or replace those plants that fall below
original Project Standards.
The Ci~y 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. Furthermore, the
City agrees to keep litter removed from the Project
Highway.
2. Maintenance of the Project shall be subject to periodic
inspections by the Department. In . the- event, that, -apy 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 ParagraphA(a), may at its option
perform any necessary maintenance without need of any prior notice
and charge the cost thereof to the CiLY.
J. 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, t~e
Department will become the owner of the unremoved portion of the
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Project and the Department then may remove, relocate or adjust the
Project as it deems best.
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4. This Agreement may be terminated under anyone of the
following conditions: III
(a) By the Department, if the City fails to
perform its duties under this AgFeement following fifteen (15)
days' written notice. .
(b) By either party following sixty (60) calendar days'
written notice.
5. In the event this Agreement is terminated in accordance
with Paragraph 4, the City shall have sixty (60) days
after the date upon which this Agreement is. effectively terminated
to remove all or part of the remaining Project at its 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 then may remove, relocate or adjust the project as it
deems best.
6. Subject to Section 768.28, Florida Statutes, the Ci~y
covenants and agrees that it will indemnify and hold
harmless the Department and all of the Department's off leers,
agents and employees from any claim, loss, damage, rent, charge or
expense arising out of any act, action, neglect or 6mission 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 resu-lting from the sole
negligence of Department or any of its officers, agents or
employees.
7. 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.
8 .
City
Department.
This Agreement may not be assigned or transferred by the
in whole or in part without consent of the
9. This Agreement shall be governed by and construed in
accordance with the laws of the state of Florida.
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10.
shall be
prepaid,
by telex
All notices, demands, requests or other instruments
given by depositing the same in the U.s. Mail, postage
registered or certified with return receipt requested, or
or telegram:
iii
If to the Department, addressed to:
11201 North Malcolm McKinley Drive, M.S. 7-1200
!ampa, Florida 33612,
(a)
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or a t such other address as the
designate by written notice to the
Department may
City
from
time to
; and
(b)
I f to the City
to:
P.o. Box 4748
addressed
~1 ~"T'V"~fl!"" _ Fl. 34618
or at such other address as the r.i~y 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.
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presents to be
Department
as to Form
Legality
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have caused these
above written..
Be
ATTEST: Q:"~i 1- '(itUJAL'- (SEAL)
Ex cut ve Secre ary
CITY OF CLEARWATER, FLORIDA
...
By:
Michael J. Wri
city Manager
Attest:
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HIGHWAY BEAUTIFICATION GRANT AGREEMENT
VIIS AGREEMENT made and entered into as df the 1'8, tJ.,. di'\Y
of -Ji11/AUht" , 199 ~ , , by and between the STATE OF fLOIH01\
DEPARTMlttiT OF TRJ\NSPORTATljpN, a component agency of the Sta te 0 r
Flor Ida, hereinafter called the ItDepartment, It and City of
Clearwater , a poli tical subdivision of the state of F lor iu" ,
hereinafter called the City
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WIT N E SSE T II
HIIEREAS, the Department owns StatE'c Road 60
way consisting of road improvement€: c.:.r.d grassed
thereon located between The, Memorial ltqJ;,I~~L'.,-.r.___.
pn 11.. r-i nn r.nntrnl P.la>:"t~_, .____.'._,..__. in _~~c;-~ll<ls
County, Florida (t,h3 "Project, nigh,,,ayCl); and
road right-of-
areas abutting
and the Water
\0111 ER EAS, the D8paj:.t:,,~;~, I.,~ ,~r.d. the ....._j;_L~___ l't::e 0 [
the opinion that the grassed arl:!D.S of Ute ProjEct Highway shou td be
landscaped with the various speciss of ground COV8r. wildflowers,
p1antings, shrubs, trees and palms, to improve and enhClllce the'
aesthetic quality of the Project Highway and the area encompassing
the Monument Site ; and
WHEREAS, the Department, through the Florida Tlighway
Beautification council has awarded the City (\
beautif ica tion grant for landscaping the grassed areas 0 f the
Project Highway; and
WHEREAS, the __Cil'y
da ted July "12, 1993
authorizes its officers to
and
by Resolution No. 93,...39
, has accepted said grant und
execute this Agreement on its behill[i
ImEREAS, the parties hereto mutually recognize the benef i ts of
such landscaping and the need for enter.ing into an Agreement
designating, and setting forth the responsibilities of eacll party
Nm-l TIIEREFORE, for and in consideration of the mutual benefits
to f low each to the otl1er, the tJart:i.es covenant and ag:r:ee as
[0110'.45:
1. The City shall install l<lndsc<lping ilnd
irrigation systems on those areas of the Project I1igll\""y il~
specified in Construction Plans and Specifications for .~OI.!.['t~':Y___
Campbell Causeway Parlcway Monument Site prepared by .J:.he-C.iJ:Y-,Ol____
Clearwater da~ed ...March 10. 1993 _ , project No. ___
93001. _ , attached hereto as Exhibi.t "A,"
incorpora ted herein by reference (the "proj ect"). The proj ect 1:0
be performed by the r.ity shall be
subject to periodic inspections by the Department. The _~~___
shall not change or deviate from the Project
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without written approval by the Department. It is the intent of
the parties hereto that except as otherwise provided in Paragraphs
2 and 6 hereof, the Ci~y shall be the owner
of the landscaping and irrigation systems comprising the Project.
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All installation and construction performed pursuant to this
Grant shall be performed in accordance with all applicable laws,
rules, procedures and guidelines of the Department. Prior to
beginnin~ any constructian'or installation; toe L6cal Govern~ent
shall verify with the Department what the applicable requirements
are. In the event that any installations are 4at any time
determined by the Department to be not in conformance with the
applicable requirements, are determined to be interfering with the
safe and efficient operation of any transportation facility, or are'
otherwise determined to present a danger to public health, safety
or welfare, said installations shall be immediately removed at the
Local Government's sole cost and expense. In the event that the
Local Government fails to immediately remove such installations, or
in the event that an emergency exists, the Department may proceed
with removal and charge the cost thereof to the Local Government.
2. 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 r.it-y 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 then may remove, relocate or adjust the Project as it
deems best.
3. (a) The City
the Project cost to be $ 38~988.23
shown on Exhibit~'B" and in the grant application
.ll.2L. The Department agrees to pay to the City
the total sum of $)q.llO_OO or fifty percent (50%) of
the final Project cost, whichever is less, hereinafter referred 'to
a the "Grant Amount." Subject to this limit, the Department will
pay only for those costs which are allowed by Section 339.2405(11),
Florida statutes: Purchase and installation of
sprinkler/irrigation systems and related equipment; purchase and
installation of ground cover, trees, shrubs, palms, plants, plants
mater ia1s, fertilizers, soil, soil amendments; and cost of and
labor, supervision, and administration associated with the
foregoing.
has estimated
as
dated January 28.
(b) The Department's participation in the Project cost
is limited to only those items which are directly related to this
Project. Project costs incurred prior to the effective date of
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thIs Agreement will not be considered in determining th~
Department's 50\ participation. The 50% payment shall not be mMue
until (1) certificatJnn of ,acceptance is received from the _CJ.l:.y_
Nursery Superintendent ;: (2) the Highway Beautification Counci.l
has inspected or waived i~<< inspection rights of the Project; <1nd
(J) a Department Landscape Architect or his designee has approv~d
the Project for final payment. A sikty (60) day grow-in period
will be required after Project completion. Upon receipt of
cert if ica tion of acceptance and inspection approval, the City
may submit invoice for final payment.
(c) Payment
approva 1 of goods and
Florida statutes.
shall be made only
services as provided
after receipt and
in section 215. <12 ,
(d) Any penalty for delay in payment shall be in
accordance with section 215.422(2) (b), Florida Statutes.
(e) Bills for fees or other compensation for services or
expenses shall be. submitted in detail sufficient for a proper
preaudit and preaudit thereof, and that bills for travel expenses
speci f ieally authorized by this Agreement shall be submi tted emd
paid in accordance with the rates specified in Section 112.061,
Florida statutes.
(f) Records of costs incurred under terms of this
Agreement shall be maintained and made available upon request to
the Department at all times during the period of this Agreement and
for three years after final payment is made. Copies of these
documents and records shall be, furnished to the Department Upon
request at all times during the peri6d of the Agreement and for
three years after final payment is made. Record~ of costs incurred
includes the City's gen~ral accounting
records, together with supporting documents and records, of the
City and all subcontractors performing work,
and all other records of the City and
subcontractors considered necessary by the Department for a proPer
audit of costs.
t1. The -.C;ltv agrees to maintain the Project
and enter into an Highway J..andscape Maintenance Memorandum of
Agreement, attached hereto as Exhibit lIC," which designates emd
sets forth the duties and responsibilities of the parties ill
maintaining the Project.
5. This Agr-eement may be terminated under anyone of the
following conditions:
(a) By the Department, if the City
fa i Is to per form its duties under this Agreemellt, fo l.lowing f i [teen
(15) days written notice.
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(b) By either party following sixty (60) calendar days'
written notice.
6. In the event this: Agreement is terminated in accordance
with Subparagraph 5 (a), t1\~n the Department may at its option
proceed with under Subparagraphs (a) or (b) below. In the event
this Agreement is terminated under Subparagraph 5 (b), then the
parties hereto shall proceed under Subparagraph (b) below:.
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(a)
undertaken by
Department may
money due the
Completion of the Project or a part thereof will be
the Department or private contractors and the
deduct the reasonable cost of such work from the
City under this Agreement.
(b) The City shall have sixty (60) days
after the date upon which this Agreement is effectively terminated
to remove all or part of the remaining Project at its 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 it deems best.
7. The beautification grant awarded by the Council sha 11
continue for a period of one (1) year from the date of this
Agreement. Subject to Paragraph 5, in the event this Agreement is
terminated before the Department has paid the Ci~y the
Grant Amount, then the Department agrees to pay the City
all of the Grant Amount if the Project has been one
hundred percent (100%) completed or a percentage of the Grant
Amount equal to the percentage of the Project's completion at the
time of termination.
8. Subject to the provisions of Section 768.28, Florida
Statutes, the Cit:y covenants and agrees- that it
will indemnify and hold harmless the Department and all of the
Department's officers, ~gents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action,
neglect or omission by City during the
perfor-:nance of the Agreement, whether direct or indirect, and
whether to any person or property to which the Department or said
parties may be subject except that neither the Cf~y
nor any of its subcontractor5 will be liable under
this paragraph for damages arising out of any injury or damage to
person or persons directly caused or resulting from the sole
negligence cf Department or any of its officers, agents or
employees.
9. The CHy may install additional
landscaping and/or irrigation systems within the Project Highway,
subject to the following conditions:
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(a) Plans for any new installation shall be
approval by the Department. The r.~~y
change or deviate from said plans without
Department.
subject to
shall not
written approval by the
( b)
implemented in
standards.
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Any new installation shall be developed and
accordance with appropriate safety and road design
(c) The City agrees to maintain the
additional landscaping and/or irrigation systems in compliance with
the requirements of the Highway Landscape Maintenance Memorandum of
Agreement executed as a condition of this Grant.
(d) No changes
established under Paragraph
in cost to the City
new installation.
will be made in the payment terms
3 of this Agreement due to any increase
resulting from the
10. This Agreement embodies the entire agreement and
understanding between th. 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.
11. This Agreement may not be assigned or transferred by the
r.i~y in whole or in part without written
consent of the Department.
12. This Agreement, regardless of where executed, shall be
governed by and construed according to the Laws of the state of
Florida.
13. All notices, demands, requests or other instruments shall
. be {] i ven by depQS i ting the same in the U. s. Ma iI, postage prepa id ,_
registered or certified with return receipt requested, or by telex
or telegram:
(a) If to the Department, addressed to:
11201 N. Malcolm McKinley Drive, M.S. 1200
Tampa, Florida 33612,
or at such other address as the Department may from time to time
designate by written notice to the r.i~y
and
(b) I f to the City
addressed to:
P.O. Box: 4748
Clearwater. FL 34618
or at such other address as the
time to time designate by written
,
CHy may from
notice to the Department.
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All time limits provided hereunder shall run from the date of
receipt of all such notices, demands, requests and other
instruments. I
IN WITNESS WHEREOF,
presents to be executed
Department
as to Form
Legality
the parties hereto have caused these
day and year above written.
STATE OF FLORIDA
DEPARTMENT OF T0JTIOIl
BY:~
~ District Secretary
ATTEST: Q,41/ffl' {If- '?1.~U10-
E ecutive Seer tary
(Seal)
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Wr'
city Manager
Attest:
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I. Exhibit "B"
(General)
Project Cost
This exhibit forms an integral
Beautification Grant Agreement between
Department of Transportation and the City
15.1993.
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WPI NO.
JOB NO.
part of the Highway
the state of Florida,
of Clearwater date Julv
I. PROJECT COST:
TOTAL PROJECT COST
II. PARTICIPATION:
-Public Agency Participation
Department Participation
Primary (D)
TOTAL PROJECT COST
51%
49%
$38,988.23
$38,988.23
$19,878.23
$19,110.00
$38,988.23
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I BISOLUTIOH NO. 93 - 3~ I) ~~:iP.l.;:, A;~!J
, I t(fCr:E.'.Hil:);~
A RESOLUTION OF ~H. CITY OF aLSARWATER, FLORIDA,
AUTHORIZING THE CITY KANAGD TO BX2CUTB A HIGHWAY
LAHDSaAJi'B KAINTBHAHOB MBKORAJlDtJK. 01' AGR22KEK'l' AND A
IIXC=OAY BBAUTIJ'ICATION GRANT AGREBKBN'l'WXTH 'I'D J'LORIDA
DEPARTHBNT OF TRANSPORTATION ; PROVIDING U UI'ECTIVB
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
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completed b~autification of the Parkway from the Clearwater line
west to ,the Parkway dedication monument site, and enthusiasm and
interest in beaueifyinq the monument site west to the City'S Water
pollution Control Plant has been demonstrated; and
,WHEREAS, the City Commission desires to authorize the
city Manager to execute a Hi9~way Landscape Maintenance Memorandum.
of Agreement and a Highway Bealltification Grant Agreement in order
to meet the City's long-range goal of, beaut.ifying the courtney
Campbell Parkway; now, therefore,"
BE I~ RESOLVED BY THE aI~Y COMMISSION OF THB
CITY OJ' CLEARWATER, J'LORIDA:
Section 1. The city Manager is hereby authorized to execute
a Highway Landscape Maintenance Memorandum of Agreement and a
Highway Beautification Grant Agreement between the City of
Clearwater, Florida and the Florida Department of Transportation,
copies of which are attached hereto as Exhibits A and B.
Section 2. This resolution shall take effect immediately upon
adoption.
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PA!?SEIT :.MW" .AQQPrED
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this 1lth day of JUly, 1993.
Attest:~,- :
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issioner
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