79-16° ~ ~ ~ ~_
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~~ `~ pESOLhTIO'i ti0. 79-16
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~~ ~ "~ PASSED Auqust 13, 1979
H RESOLUTIOfi AUTf{ORIZItiG LAfiDSCAPING AGREE1~Ef1T
BET4lEEtJ CITY AliD STATE DEPARTh1EIiT' OF 7RAtiSPORTATIOJi
OC! A PORTIOti OF STATE ROAD PtO.
4lHEREAS, as a result of negotiations between parties, the
City and the Florida Department of Transportation desire to enter
it~~o an agreement providing far maintenance of landscaping on
that portion of State Raad No. 1o from
Thl rd Street t0 MaURort Road , d ~ l
of w'~ich is within the corporate limits of the City, a copy of
which agreement is hereto attached entitled "Highway Landscaping
1emorandum of Agreement":
N041, THEREFORE, BE IT RESOLVED' 8Y THE .CITY COt11~fISSIOJ! OF T}'.
CITY OF Atlantic Beach, Florida That the City Commission does
hereby approve said Highway Landscaping ,Memorandum of Agreement
and the Mayor-Commissioner and~the Clerk of the Commission are
hereby authorized to execute same on beha]f of the City.
Dated this 13th day of August q,p,, 1~7q
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C E ~ ~ THE C MMISS N
MAYOR-COi4MISS O
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IiIGSt:•?~~'! L~N1~:7CT.nIi±G
' Mi:i•SOf:~i:dD?;;: OI' t~v^^iZi.::4EN'1'
TH%S AGftI:E'~.SNT, made anti enterad into this
13th day of August , 1979
by a:~d bevwern the STATE OF ~'LORT_DA DEP?~P.Tt~1ENT OF
TF.~,'~SY~JP.T~:TI~7I3, a component agency of fi.~5e State of
Florida, hereinafter C?lled t_he "DeAart~::ent", rind
,, the CITY OF Atlantic Beach, Florida , a municipal
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'" ~_~< , corporation in ouvai County, Florida,
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existing ~~rdc~r tl`ie laws of Florida, hereinafter called
the "City".
S~ I T Id E S S E T H:
P;IiEREAS, as apart of .the continual updating
of the State of Florida Highway System, t`ie Department,
for the purpose of safety, has created a median strip
dividing t.ha traffic lanes on t~iat part .o-f
Atlantic Boulevard (State Road 10l from
Third Street t0
_ Mayport Road Within
t?~<~ corporate 1 units of the City; and
Y;HER'c:r?S, the entire length of this above-mentioned
;`
~fr~; j~•c'.. i s ~ ~: t'.-: i n the cerper4to 1 iriits of the City; z^.d
L'.~iE'u f:S, the parties her~:to aro of the opinion
the L s zi c'. r;ec'.i ,s~ s t. ip shall be attractively lar,3scaged
wi~}} ~: 3rio~;:, .`? c~~•a; and
S•~1F.k`'AS, t`~C City, by P,esoZt.~ticr ;10. 79-16
d~.t^3 August 13, 1979 attached hereto • '
and ny t_~:is re create Wade a part hs•rc?of, desires to enter
into ::zis ~'1grF~~ ~t•~nt an3 a~athor,.:os 9it5 ofticers~ to' do~«o., ...M,_ .._._ ,,.~•
ZiOi•7, TFiE2ErORE., f^r anti in consideration of the
m~~Lu~l ben~•`ita to zlcw each to the other, the parties
covenant and agree as fol~.ows:
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1. 't'he City will install plantings within
'JiE. median strip on that part of Atlantic E3oulevard
(State Road 10) from
Th r rd 5~~ to
Mauport Road according to the plans
and specifications attached hereto and made a part of
this Agreement. All such irstallations shall be made
under the supervision of and to the satisfaction of the
Lepartment.
2.
plantings fol
• to procedure,
of the City.
shall include
Department of
limits of t_ho
The City hereby agrees to maintain the
Locaing the Department's recommendations as
safety and plant care, at the sole expense
The City's responsibility for maintenance
all landscaped and/or turfed areas on
Transportation right-of-way within the
project. Such maintenance to be provided
by the Cit~- is specifically set out as follows:
To maintain, which means that proper
watering and proper fertilization of
all plants and keeping them as free
as practicable from disease and harm-
ful i nsec is ; to properly mulch the
plant Leda; to keQn the premises free
of weds; to „tow uftU/~o2' cut tile' grass
to a proper length; to properly prune
all plants which includes (1) removing
dead or diseased party o~ plants, or
(2) pruning such parts thereof which
prcyent a visual hazard for those using
the road~~:ay : To maintain ...also means _ ,, `
removing or replacing dyad or diseased
p~ant~ in their entirety, or rarnoving
• or replacing plants that fall below
original project standards. All plants _
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removed for whatever reason :hall be
replaced by plants of the same grade
as specified in the original plans
and specifications and of a size
comparable to those existing at the
time of replacement, unless written
. approval is obtained from the De-
partment's Director of Road Operations
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for the use of alternate material or
deletions. To msintain also means to
keep litter removed from the median
strip or landscaped areas within the
said project. Plants shall be those
items which would b e scientifically
classified a.s plants and include but
are not limitzd to trees, grass, or
shrubs .
3. If at any time after the City has assurzed
the maintenance responsibility above-mentioned, it shall
come to the attention of the Department's Director of
Road Operations '~--at the project or a part thereof is not
being properly maintained pursuant to the terms of this
Agreement, said Director of Road Operations may at his
option issue a written notice that a deficiency or de-
ficiencies exist (s) , by sending a cF reified ZettF~r in
care of 8111 M. Davis, city Manager to place said City
on notice thereof. Thereafter the City shall have a
period of ( 3D) thirty days c~~ithin, which to correct the
cited deficiencies. If said deficiencies are not cor-
' rected within this time period the Department may at
its option, proceed as follows:
(a) Maintain the median strip for tie entire lend±h
within the liriits of said project with Department or
• Contractors' personnel and ,clYarge the Ci~,~ for the
r~asenable value of said work; or
(b) Remove, by Department or Contractors' personnel, '
all of the landscaping except as to grass, rind plant
the entire median strip in grass and charge the City
the reasonable value for such work.
4. It is understood between the parties
hereto that t`:e landscaping covered by this Agreement
may be removed, relocated or,adjusted at any time in '
the future as found necessary by the'. Department in
order that t`~e adjacent state road be wider3ed, :altered
or otherwise charged to meet with future ir.iteria or
planning of the Department.
5. The City hereby agrees to indemnify,
defend, save and hold r.armless the iDepartr,~ent from
all claims, demands, liabilities and suits of any
nature whatsoever arising out of, because of, or due
to the breach of this Agreement by them, their ~tzb-
contractors, agents or employees, or due to any act
or occurrence of omission or com.+nission of the City
or the .County, their subcontractors, agents or
employees . It is specifically understood aizd agx-eed
trot this indemnification agreement does mat cover or
indemnify the Department for its own negligence or.
breach.of contract. `,
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6. The Department's Director of Road
Operations shall decide all questions, difficulties
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and disputes of any nature whatsoever that may arise
under or by reason of this Agreement, the prosecution
or fulfillment, of the services hereunder aY-id th~~
character, quality, amount and value thereof;-.and his
decision upon all claims, questions and disputes s:~a1]
be final ar.d conclusive upon the part~cs hereto.
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7. This Agreement is nontransfErabie and
nonassignable in whole or in part without written
consent of the Department,
IN S~~ZTNESS j,THEREOF, the parties hereto
have caused these presents to be executed, the day
and year first above written.
WITNESSES: STATE OF FLORIDA
DE PART:~.JT OF TRA:ISFORTATIO..
BY:
Director of Ad.;ti-~istration
ATTEST: (SE ~)
As to the Department Execut ve Secretary e
CITY , O Atlanti Beach, lorida
BY: •~
' Mayor or Co:nmi s ior~er,~ ~=- ~ ~ ~.
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City Clerk ~"" - -
• APPROVED AS TO FOR~•i: ~-°~ k . ~ _ '~ ~'
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.s"' '"~. I'° .'° ~~ y
City Attorney • •~ °~
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