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<br />r-- <br /> <br />FMNO.: <br />SECTION: <br />COUNTY: <br />S.R. NO.: <br /> <br />407630-1-52-01 <br />87170 <br />Miami-Dade <br />826 <br /> <br />MAINTENANCE MEMORANDUM OF AGREEMENT <br /> <br />THIS AGREEMENT is made and entered into this ll~day of ~, 2008, between <br />the State of Florida Department of Transportation, a component agency of the State of Florida, <br />hereinafter referred to as the 'DEPARTMENT', and the CITY OF SUNNY ISLES BEACH, a <br />municipal corporation of the State of Florida, existing under the laws of the State of Florida, <br />hereinafter referred to as the CITY. <br /> <br />RECITALS: <br /> <br />WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road 826 <br />corridor as part of the State Highway System; and <br /> <br />WHEREAS, as part of the continual updating of the State of Florida Highway System, the <br />DEP ARTMENT, for the purposes of safety, protection of the investment and other reasons, has <br />constructed and does maintain a highway facility as described in Exhibit A, 'PROJECT LIMITS', <br />attached hereto and incorporated herein by reference, within the corporate limits of the CITY; and <br /> <br />WHEREAS, the CITY recognizes that said highway facility, which contains landscaped <br />areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be <br />maintained in accordance with the provisions detailed in Section 2 of this Agreement; and <br /> <br />WHEREAS, the DEPARTMENT has drafted design plans for beautification improvements <br />on State Road 826, hereinafter referred to as the 'PROJECT', the individual elements of which are <br />outlined in the attached Exhibit B, 'PLANS AND SPECIFICATIONS', which is herein <br />incorporated by reference; and <br /> <br />WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement <br />designating and setting forth the responsibilities of each party; and <br /> <br />WHEREAS, the CITY, by Resolution No~-/~3~ated P1.4iUtA 2Jl,20C1fattached <br />hereto as Exhibit C, 'CITY RESOLUTION', which is incorporated herein by reference, desires to <br />enter into this Agreement and authorizes its officers to do so; <br /> <br />NOW, THEREFORE, in consideration of the premises, the mutual covenants and other <br />valuable considerations contained herein, the receipt and sufficiency of which are hereby <br /> <br />Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Sunny Isles Beach <br />Page I 01'8 <br />