96-49 v RESOLUTION 96-49
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH AUTHORIZING THE MAYOR TO ENTER
INTO A LANDSCAPING MAINTENANCE MEMO-
MEMORANDUM OF AGREEMENT WITH THE DE-
PARTMENT OF TRANSPORTATION
WHEREAS, the City Commission, by previous action, has autho-
rized implementation of landscape improvements to
the medians of Atlantic Boulevard/S.R. 10 from the
Mayport Overpass to Third Street, and
WHEREAS, these improvements must be maintained on a regular
basis and in an attractive manner, and
WHEREAS, proper maintenance can be best served by execution
of a Highway Landscaping Maintenance Memorandum of
Agreement between the City of Atlantic Beach and
the Florida Department of Transportation.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1 . The City Commission of Atlantic Beach here-
by authorizes its Mayor to enter into a Highway Landscaping
Maintenance Memorandum of Agreement between the City of At-
lantic Beach and the State of Florida Department of Trans-
portation.
SECTION 2 . Said Memorandum of Agreement will include
Landscaping Maintenance requirements for the medians of
Atlantic Boulevard/S .R. 10 between the Mayport Road overpass
to the west , and Third Street , to the east.
Adopted by the City Commission of Atlantic Beach this
28th day of October, 19 ' .
11G _ -rte_
14;),g0004
an T. Fletcher, Mayor/Presiding Officer
Approved as to form and correctness :
ATTESTED Gflnsen,
ureen KO
City Attorney City Clerk
HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
EXAMPLE
THIS AGREEMENT, made and entered into as of the 1st day of
July , 1992 , by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, a component agency of the State of
Florida, hereinafter called the "Department" and Sandy Oaks
, a political subdivision of the State of Florida,
existing under the Laws of Florida, hereinafter called the
City .
WITNESSETH
WHEREAS, the Department owns State Road 13 right-of-
way consisting of road improvements and grassed areas abutting
thereon located between Beauregard Blvd. (sta.101+13) and Scarlet
Drive. (sta.54+00) in Beaut 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 right-of-way• ; 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 July 1 • , 1992 (the "Grant
Agreement") attached hereto as Exhibit "A" and by reference made a
part hereof; 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. 92-10
, dated January 1992 , 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 Project is removed from the
Project Highway pursuant to Paragraphs 3 and 5 hereof, the
City shall at all times maintain the Project in a
EXAMPLE
reasonable manner and with due care in accordance with all
applicable Department guidelines, standards and procedures
("Project Standards") . Specifically, the City agrees
to:
(a) Properly water and fertilize all plants, keeping
them as free as practicable from disease and harmful insects;
(b) Properly mulch plant beds;
(c) Keep the premises free of weeds;
(d) Mow and/or cut the grass to the proper length;
(e) Properly prune all plants which responsibility
includes (i) removing dead or diseased parts of plants or (ii)
pruning such parts thereof which present a visible hazard for those
using the roadway; and
(f) Remove or replace dead or diseased plants in their
entirety, or remove or replace those plants that fall below
original 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. Furthermore, the
City agrees to keep litter removed from the Project
Highway.
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 4 (a) , may at its option
perform any necessary maintenance without need of any prior notice
and charge the cost thereof to the City
3 . 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
EXAMPLE
Project and the Department then may remove, relocate or adjust the
Project as it deems best, with the City being
responsible for the cost incurred for the removal of the Project.
4 . 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.
5. In the event this Agreement is terminated in accordance
with Paragraph 4 , the City shall have sixty (60) days
after the date upon which this Agreement is effectively terminated
to remove all or part of the remaining Project at its own cost and
expense. The City will own that part of the Project
it removed. After the sixty (60) day removal period portion of the
Project, the Department then may take any action with the Project ..
Highway or all or part of the Project it deems best, with the
City being responsible for any removal costs incurred.
6. 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.
7. 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.
8 . This Agreement may not be assigned or transferred by the
City in whole or in part without consent of the
Department.
9 . This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
10. All notices, demands, requests or other instruments
shall be given by depositing the same in the U. S. Mail , postage
• • A
EXAMPLE
prepaid, registered or certified with return receipt requested, or
by telex or telegram:
(a) If to the Department, addressed to:
123 Broad Street, MS-37, Tallahassee, Florida 32399
after December 1, 1992 , addressed to:
605 Suwannee Street, MS-37, Tallahassee, Florida 32399
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: •
92-1O Sasafrass l ane
Sandy Oaks. Florida 32365
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.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
•
•
By•
Department Approval District Secretary
as to Date, Form and
Legality
ATTEST: (SEAL)
Executive Secretary
A Political Subdivision of the
State of Florida
By:
ATTEST: (SEAL)
Department Approval
as to Date, Form and
Legality
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