95-12RESOLUTION NO. 95 -12
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY
FOR A FLORIDA HIGHWAY BEAUTIFICATION GRANT
FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF
AGREEMENT AND HIGHWAY BEAUTIFICATION GRANT
MEMORANDUM OF AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, N. Fort Harrison Ave. (Alt. 19) serves as a major
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entry to the City of Clearwater for over 29,000 residents and
tourists daily; and
WHEREAS, the City of Clearwater has completed beautification
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of the Edgewater Drive Parkway from the Clearwater line south to
the Stevenson's Creek Bridge and Calumet St., and enthusiasm and
interest in beautifying the right -of -way south to Myrtle Ave. has r
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been demonstrated; and }
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WHEREAS, the City Commission desires to authorize the City
Manager to apply for a Florida Highway Beautification Grant and to
enter into a Highway Landscaping Maintenance Memorandum of
Agreement and Highway Beautification Grant Memorandum of Agreement
in order to meet the City's long -range goal of beautifying major
® roadways into Clearwater; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Manager is hereby authorized to apply for
a Highway Beautification Grant and to enter into a Highway
Landscaping Maintenance Memorandum of Agreement and Highway
Beautification Grant Memorandum of Agreement with the Florida
Department of Transportation.
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Section 2. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 30th day of January, 1995.
Attest:
L�4"W'j
"Yzo�,'
P`ty Clow
C�Yi-
�'5- r0z
HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the
199 r by and between the STATE OF FLOy z D
DEPARTMENT OF TRANSPpRTATION, a component agency of the State of
Florida, hereinafter called the "Department - 11 and
existing under the LawstofaFlorida,,lhereinafter calledothelCity. da
W I T N E S S E T H
WHEREAS, the Department owns State Road
way consisting of road improvements and grassed
'right -of.•
thereon located between areas abutting
in and
(the . "project Highway ') ; and County, Florida
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 '
shrubs, trees and palms, to i cover, wmprove and enhancer the plantings,
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
Memorandum of Agreement dated
' , 199_; and Grant
WHEREAS, the City agreed in the Grant Agreement to maintain
all landscaped areas and irrigation systems to be installed along
the Project Highway (the "proje
grant; and ct ") pursuant to the beautification
WHEREAS, the beautification grant may not be initiated until
the parties enter int'a a maintenance agreement; and
dated WHEREAS, the City by Resolution No.
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:
1• Until such time as the Projec
Project Highway pursuant to Paragraphs 6
shall at all times maintain the Project in
With due care in accordance with all
guidelines, standards and procedures
Specifically, the City agrees to:
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:t is removed from the
and 9 hereof, the City
a reasonable manner and
applicable Department
("Project Standards ").
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(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 ai:e 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 _
located at
telephone number 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.
4• The City will comply 6I9t
Traffic Regulations, p y with all Departmental Maintenance of
maintain a minimum of 15 feet clearance equipment and
If the 1 arance from the edger Ofnnel shall
permittee desires to work closer to the edge of pavement,
than 15 feet or close a pavement
must be submitted to the affil lane, a Maintenance of Traffic
Prior to beginning construction and /or maintenance acfor approval
pes.
5• The Department will require t
and remove all Personnel and equipment e City to cease operations
of-way if any actions pment from the Department's operations
on the
the City violate the conditions or intent of this agreement as
part of the City or representatives of
determined by the Department.
.6• It is understood between the
all of the Project may be removed all hereto that an
time in the future as determined toybeenecessar o b adjusted atment
in order that the adjacent state road be w widened, l
otherwise changed to meet With Department
the •Department e i h the future criteria or altered of
removal The city shall be planning of
relocation or adjustment and given
be allowed sixt such
days to remove all or part of the Project at its own cost.
City will own that j Y (60)
part of the Project it removed. After the sixty
the (60)_.day removal period, the Department will become the owner of
remove removed portion of the Project and the Department then may
relocate or adjust the Project as it deems best.
7• This Agreement may be
following conditions: terminated under any one of the
(a) BY the Department, if-the City fails
duties under this Agreement to perform its
following fifteen (15)
days' written notice,
(b) By either party following sixty (60) calendar days'
written notice.
8• The term of this Agreement shall be for a period of ten
ulon(10) years commencing on the date of execution of the agreement,
e ten (10) year renewal options. Any renewal must be agreed
Upon y both parties in writing thirty (30) or
days prior
expiration Of the existing agreement. to the
9• In the event this Agreement is terminated, the Department
may, at its option, proceed as follows:
(a) Maintain the Project or a
Department forces or part thereof with
Charge the City for the Part
abl contractors
such
work; or e costs
1��__4121
& / � k
(b) Grant the City sixty (60) days after the date upon
which this Agreement is effectively terminated to
remove all or paart of the remaining' Project at her
own cost and eXpenno, Tho City will own that part
of the Project it removed. After the sixty (Fo)
day removal period, the Depaartment will become the:
owner of the unremoved portion of the Project and
may, in its diseration, remove, relocate or adjust
the Project as it deems best,
lo. subject to Section 768.28, Florida Statutes, the City
covenants and agrees that it will indemnify and hold harmless thc:
Department and all of the Department's officers, agents ane,
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 heroin and superseded
hereby.
13. This Agreement may not be asignrd or transferred by the
City in whole or in part without consent of the Department.
14. This Agreement shall be governed by and contrued 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, po,,;tage
prepaid, registered or certified with return receipt requested, or
by telex or telegram:
(a) If to the Department, addressed to; F /sf
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:
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
instruments. demad
receipt of all such notices, demands, requests and other
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IN WITNESS WHEREOF, the parties hereto have caused theta
presents to be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Department Approval District Secretary
as to Form and
Legality
ATTEST: (SEAL)
Executive Secretary
CITY OF CLEARWATER, FLORIDA
A Political Subdivision of the
State of Florida
By :��
Eliz eth M. Deptxla, City Manager
fU A
kI ATTEST: SE'li •)
City Approval Cynthia E. G. City Cler
as to Form and
Legality
Countersigned•
to aGarve , Mayor -Co ssioner
C ;%WP D0=14A R V LY%h10A]
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