10-2128 Memo of Agreement Contract No. APT00 with FDOT

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NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped and/or turfed areas within DEPARTMENT rights-of-way having limits described by Exhibit "B", or subsequent amended limits mutually agreed to in writing by both parties. For the purpose of this Agreement, the maintenance to be provided by the CITY is defined in EXHIBIT "C", or as defined by subsequent amended definitions agreed in writing by both parties. 2. In the event of a natural disaster (i.e. hurricane, tornado, etc.) or other normal occurrences such as vehicle accidents and hazardous waste spills, the CITY and the Department will cooperate and coordinate the use of the their respective resources to provide for the clean up, removal and disposal of debris or other substances from the Department's right of way (described in Exhibit `B" or subsequently amended limits mutually agreed to in writing by the parties hereto). The Department shall not deduct from the payment to the CITY, costs for impairment of performance of any activity or part thereof defined in Exhibit "C", as a result of such event and the redirection of CITY forces towards fulfillment of the responsibility under this article. This paragraph shall not be interpreted to reduce the CITY's right to compensation or reimbursement from any other sources (i.e., FEMA) for the debris removal or other activities of the CITY subsequent to a natural disaster or accident. 3. To the extent permitted by Florida law the CITY 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, cost, charge or expense arising out of any act, action, neglect or omission by the CITY during the performance of this 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 CITY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents, or employees. The Forgoing Provision is not intended to give rise to Rights in any third party to recover damages from the CITY, nor is it intention to constitute a waiver of sovereign immunity. CITY OF CASSELBERRY _ ....,.r. FIN NO.: 244549-1-78-01 w CONTRACT NO.: APT00 Page 2 of 11