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HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this .- day of F� 2003 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and The City of Sunny Isles Beach, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "CITY". WITNESSETH WHEREAS, as a part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the Investment, aesthetic and other reasons, has constructed and does maintain the Landscape on SR 826 (Sunny Isles Boulevard) within the limits outlined in Exhibit "B" attached hereto and incorporated by reference herein, within the corporate limits of the City of Sunny Isles Beach, Miami -Dade County, Florida; and WHEREAS, the CITY is of the opinion that said highway facilities which contain sprinkler/irrigation system, trees, palms and groundcovers (the "Plantings" ) shall be maintained by periodic trimming, cutting, mowing, fertilizing and necessary re -plantings and repairs; 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.2fr0(-`{0 attached hereto as Exhibit "A" and by this Reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; and 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 perform the following standards in a reasonable manner and with all due care. The CITY hereby agrees to maintain, at its sole cost and expense the plantings, following the Department's landscape guidelines, safety and plant care. The CITY's responsibility for maintenance shall include all landscaped and/or turfed areas on Department of Transportation right-of-way within the limits of the project. Such maintenance to be provided by the CITY 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 harmful insects: to properly mulch the plant beds: to keep the premises free of weeds: to mow and /or cut the grass to a proper length: to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. Contract No. AN307 Financial No. 413810 1 74 01