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HomeMy WebLinkAboutExhibitFLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH CITY OF MIAMI This AGREEMENT, entered into this dad of , 20 by and between the FLORIDA DEPARTMENT:OF TRANSPORTATION, a component agency of the State of Florida, ,.hereinafter called the DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of and existing under the Laws of the State of -Florida, hereinafter called the CITY. RECI WHEREAS, the DEPARTMENT hasjurisdiction over State Road (S.R.) 5/US-1 from S.R. 9A/I-95 (M.P 8.293) to South Miami Avenue (M.P. 8.619), within the limits of the CITY,. as part of the State of Florida Highway System; and' 11 WHEREAS, the DEPARTMENT has drafted' design plans for beautification improvements on S'R. 5"/tS'-1 in accordance with DEPARTMENT ContractkE-6E88, the limits of which, hereinafter PROJECT LIMITS,,..,.'are described in the attached Exhibit 'A', which by reference hereto shall become a part.;hereof; and WHEREAS,.. the parfies `hereto -:mutually recognize the need for entering AGREEMENT designating and setting forth the respon� bilities,of each party; and WHEREAS, the'CITY,r"by Resolution No. dated attached hereto as Exhibit `B', which by reference hereto sbecomes halla part hereof, desires to enter into this AGREEMENT and;'authoi zes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits to floeach to the other, the parties covenant and agree as follows: 1.DEPARTMENT RESPONSIBILITIES a. Assignment The DEPARTMENT and the CITY agree that, by executing this AGREEMENT, all maintenance responsibilities pertaining to Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 1 of 8 "-�' 16)"'16* � 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. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention-o'f,:the DEPARTMENT that the CITY's responsibility as establ.i`shed,,herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care -of the CITY MANAGER, to place the CITY on notice regarding Its maintenance deficiencies. Thereafter, the CITY shall' ha `Ve; a ,,period of thirty (30) calendar days within which to correct`the'cited deficiency or deficiencies. If said. deficiencies=::;are not corrected within this time period, the DEPARTMENT may,.,at its option, proceed as follows: .NOT:ICES All i etces, requests, demands, consents, approvals, and other communication .zahich are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or cert;lfied U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 3 of 8 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the landscape to be maintained under this AGREEMENT. State Road Number: 5/US-1 Agreement Limits: From S.R. 9A/I-95 (MP"'8.293) to South Miami Avenue (MP 8.619) County: Miami -Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 7 of 8 .EXHIBIT 'B' CITY OF MIAMI RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 8 of 8