10-2192 Maintenance of Landscaping/Infrastructure Improvements for SR 436-Red Bug Flyover

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FM 4419369-1-58-01/02 Attachment "A" MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of O , 2010, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, hercinafter called the "DEPARTMENT" and the CITY OF CASSELBERRY, a Florida Municipal Corporation, existing under the Laws of Florida, hereinafter referred to as the "CITY." WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road No. 436 as part of the State Highway System; and WHEREAS, the CITY acknowledges that Seminole County will install landscaping, irrigation and hardscaping within the unpaved areas of the right of way of State Road No. 436 from Wilshire Boulevard to Lake Howell Road (FM #419369-1-58-01/02) as specifies( in Exhibit "B" attached hereto. The CITY also acknowledges that Seminole County will add stamped hardscape at three major intersections on SR 436, construct three (3) ponds on SR 436, fencing around the ponds, and construct a portion of Wirz Park Trail that falls within the project limits. The CITY shall maintain the landscaping, irrigation and hardscaping within the unpaved areas of the right of way and in addition, the City shall maintain the stamped crosswalk areas at the intersections of SR 436 and Lake I-Ioivell Road, SR 436 and Sausalito Boulevard, SR 436 and Kewannee Trail, SR 436 and Wilshire Boulevard, maintain ponds 1-1, 1-2 and 1-3 on SR 436, the fencing around the ponds, and the portion of Wirz Park Trail that falls within the project limits, in perpetuity. The maintenance limits are defined in Exhibit "A" attached hereto; and WHEREAS, the DEPARTMENT agrees that landscaping, irrigation, hardscaping, ponds, fencing and tail should be maintained as proposed by CITY; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the CITY, by Resolution No./D dated 0 Ck&f X 2010 and attached hereto as Exhibit "E", has authorized its officers to execute this Agreement oil its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The CITY agrees to maintain the landscaping, irrigation, hardscaping, stamped crosswalk areas, ponds, fencing and trail, hereinafter referred to as the "Improvements", within the median and areas inside and outside the travel way all within the DEPART'MENT'S right of way pursuant to the Landscape Maintenance Plan(s) included as Exhibit "C", and Rule 14-40.003, Florida Administrative Code, as it may be amended from time to time. The above named functions to be performed by the CITY shall be subject to periodic inspections by the DEPARTMENT. The CITY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT.