05-1565 FDOT Hwy Maintenance - Laserfiche WebLink

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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: I. The CITY shall be responsible for routine maintenance of an 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 ofthis 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. The CITY shall be responsible for clean up, removal and disposal of all debris from the DEPARTMENT'S rights-of-way (described by EXHIBIT "B", or subsequent amended limits mutuany agreed in writing by both parties) fonowing a natural disaster (i.e. hurricane, tornadoes, etc.) or from other normal occurrences such as vehicle accidents and spills. However, 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. 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 ofthis 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 win be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence ofthe 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. 4. If, at any time while the terms of this Agreement are in effect, it shall come to the attention of the DEPARTMENT's District Director of Operations, District 5, that the CITY CITY OF CASSELBERRY FIN NO.: 244549-1-72-05 CONTRACTNO.ANX29 Page2ofl1