Reso 2008-1238 - Laserfiche WebLink

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I. Remove and properly dispose of litter from roadside and median strips. J. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by 2.A through 2.1 inclusively as described above. The above-named functions to be performed by the CITY may be subject to periodic inspections by the DEPARTMENT at its sole discretion. Such inspection findings will be shared with the CITY and shall be the basis of all decisions regarding reworking or agreement termination. The CITY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the CITY has assumed the landscape installation and/or maintenance responsibility above-mentioned, the DEPARTMENT finds that the PROJECT LIMITS or a part thereof is not properly maintained pursuant to the terms of this Agreement, The DEPARTMENT may, at it's option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the CITY placing said CITY on notice thereof. Thereafter, the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEP ARTMENT may, at its option, proceed as follows: (a) Maintain the landscape, sod, irrigation, landscape lighting, decorative pavement, tree grates, and benches, or a part thereof, with DEPARTMENT or contractor's personnel and invoice the CITY for expenses incurred; or (b) Terminate the Agreement in accordance with Paragraph 5 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape, sod, irrigation, landscape lighting, decorative pavement, tree grates, and benches installed under this Agreement or any preceding agreements and charge the CITY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscape, irrigation, decorative pavement and tree grates covered by this Agreement 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 future criteria or planning of the DEPARTMENT. The CITY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove same. 5. This Agreement may be terminated under anyone (I) of the following conditions: (a) By the DEPARTMENT, if the CITY fails to perform its duties under Section 2, following thirty (30) days written notice. (b) By the DEPARTMENT, for refusal by the CITY to allow public access to all Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Sunny Isles Page 3 of 8