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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