HomeMy WebLinkAboutExhibit 7DRAFT
Exhibit E
Turf, Landscape and Irrigation Maintenance
1. Flagstone's Maintenance Responsibility. Flagstone shall be responsible for the maintenance
of all landscaped and/or turfed areas excluding the existing landscape areas and irrigation system
in the area within the limits described by Attachment "A". Flagstone shall be responsible for
performing the work described below for the landscaped and/or turfed areas with a minimum
frequency of twenty six (26) times per year:
a. Mow, cut and/or trim and edge the grass or turf in accordance with the latest edition of
the State of Florida "Guide for Roadside Mowing" and the latest edition of the
"Maintenance Rating Program".
b. Properly prune and trim plants in accordance with the latest edition of the "Maintenance
Rating Program". Pruning such parts thereof which may present a visual or other safety
hazard for those using or intending to use the right-of-way.
c. Prune and trim the new ground covers.
d. Remove and dispose dead, diseased or otherwise deteriorated plants.
e. Keep litter removed from the Landscaping Area.
f. Maintain and/or repair the new irrigation system.
2. Work Schedule. Flagstone shall submit a schedule to the City containing the dates of when
Flagstone is planning to perform the maintenance work. In addition, before Flagstone starts the
work, the City shall be notified, in writing, of the area(s) and day(s) in which Flagstone will be
working. All notices, consents, approvals and other communications under this Agreement shall
be in writing and shall be deemed to have been duly given or made pursuant to the requirements
of Section 15 "Notices" of this Agreement.
3. Natural Disasters. Flagstone shall not be responsible in any manner for the clean-up, removal
and disposal of debris from the Landscaping Area area having limits described by Attachment
"A", or subsequent amended limits mutually agreed to in writing by all parties following a natural
disaster (i.e. hurricane, tornadoes, etc.).
Maintenance Deficiencies. If at any time while the terms of this Agreement are in effect, it shall come to
the attention of the City that Flagstone's responsibility as established herein or a part thereof is not being
properly accomplished pursuant to the terms of this Agreement, the City may at its option issue a written
notice to Flagstone, to place Flagstone on notice thereof. Thereafter, Flagstone shall have a period of 30
days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected
within this time period the City may at Its option, proceed to maintain the area declared deficient with
City's material, equipment and personnel. The actual cost for such work will be charged to Flagstone
4. Landscape Modification. It is understood between the parties hereto that the landscaping
covered as well as the irrigation system by this Agreement may be removed, relocated or
adjusted at any time in the future as found necessary by the City in order that the adjacent uses
be modified, altered or otherwise changed and maintained to meet with future criteria or planning
of the City.