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HomeMy WebLinkAboutexhibit1L FR-SR525-010.40 PROJ MGT, RESEARCH & OEV CFC OGC - 11f09 EXHIBIT L Landscape Maintenance Agreement Article 13.14 is expanded by the following: The Department and the Agency agree as follows: 1, Until such time as the Project is removed from the project highway pursuant to paragraphs 3 and 5 hereof, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards and procedures (Project Standards). Specifically, the Agency agrees to: (a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; (b) Properly mulch plant beds; (c) Keep the premises free of weeds; • (d) Mow and/or cut the grass to the proper length; (e) Properly prune all plants which responsibility includes (I) removing dead or diseased parts of plants or (11) pruning such parts thereof which present a visual hazard for those using the roadway; and (f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original "Project Standards.' The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls.below "Project Standards" caused by the Agency's failure to maintain the same in accordance with the provisions of this paragraph. In the event any part or parts of the project, including plants, have to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department, In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to be not: in conformance with the applicable project standards, the Department, in addition to its right of termination under paragraph 4 (a), may at its option perform any necessary maintenance without need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any or all of the project 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 the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60 day removal period, the Department will become the owner of the unremoved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the 4. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the Agency fails to perform its duties under this Agreement following 15 days written notice. (b) By either party following 60 calendar days written notice. 5. In the event this Agreement is terminated in accordance with Paragraph 4, the Agency shall have 60 days after the date upon which this Agreement is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60 day removal period portion of the project, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other S25-010.40 PROJ MGT, RESEARCH a DEV IDFC OGG - 11N7 EXHIBIT L Landscape Maintenance Agreement agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This Agreement may not be assigned or transferred by the Agency in whole or in part without consent of the Department. 8, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested or by telex or telegram: (a) If to the Department, addressed to: or at such other address as the Department may from time to designate by written notice to the Local Agency, and (b) if to the Local Agency, addressed to: City of Miami Department of Capital IrnprovemPnts 444 SW 2nrl Avw. Miami. FT. 331 n or at such other address as the Agency may from time to time designate by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other instruments.