HomeMy WebLinkAboutExhibitFLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE, TURF, INTEGRAL COLORED SIDEWALKS, PAVERS,
AGGREGATE TEXTURED SIDEWALKS, LIGHTING SYSTEMS
AND OTHER INCIDENTAL FEATURES
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI
This AGREEMENT, entered into on , 20 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, hereinafter called the DEPARTMENT,
and the CITY OF MIAMI, a municipal corporation of the State of
Florida, hereinafter called the CITY, and collectively referred to
as the PARTIES.
RECITALS:.
A. The DEPARTMENT has jurisdiction over State Road (SR) 968 (SW
131- Street) along and adjacent to the Miami River Bridge,
which road is located within the limits of the CITY; and
B. The DEPARTMENT acquired and has jurisdiction over Parcels A
and B along SW South River Drive, the limits of which are
described in the attached Exhibit `A'; and
C. The DEPARTMENT acquired and has jurisdiction over Parcel B
along SW North. River Drive, the limits of which are described
in the attached Exhibit `B'; and
D . The DEPARTMENT, pursuant to Contract # C9EO9, has drafted
design plans for beautification improvements on SR 968 (SW
lst Street) from SW 6th Avenue (MP 1.954) to SW 2nd Avenue (MP
2.351), and within the Parcels previously described, the
limits of which are described in the attached Exhibit `C'
(the PROJECT LIMITS), which by reference shall become a part
of this AGREEMENT; and
E. The DEPARTMENT will install in accordance with the design
plans for Contract # C9EO9 (the "Project") landscape, turf,
integral colored sidewalks, pavers, aggregate textured
sidewalks, lighting conduits and pull --boxes; and
F. The CITY will install under a future Permit lighting
system(s), bollards, benches, trash receptacles and signage,
as approved by the DEPARTMENT; and
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G. It is the intent of the PARTIES for this AGREEMENT to
supplement all maintenance requirements between the
DEPARTMENT and the CITY for all previously executed Permits
and Agreements related to the subject matter of this
AGREEMENT; and
H. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting forth
the CITY's responsibilities with regards to the maintenance
of all the landscape, turf, integral colored sidewalks,
pavers, aggregate textured sidewalks, lighting system(s),
bollards, benches, trash receptacles, and signage within the
PROJECT LIMITS (for purposes of this Agreement, the
IMPROVEMENTS); and
I. The CITY, by Resolution No. , dated ,
attached hereto as Exhibit `D', which by reference shall
become a part of this AGREEMENT, desires to enter into this
AGREEMENT and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual
benefits contained herein and other good and valuable
consideration, the PARTIES covenant and agree as follows:
1. RECITALS
The recitals in this AGREEMENT are true and correct, and are
incorporated herein by reference and made a part hereof.
2. DEPARTMENT RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
for the IMPROVEMENTS to the CITY upon the DEPARTMENT's
release of its contractor(s) from further warranty work and
responsibility, and upon the DEPARTMENT's final acceptance
of all permit work.
3. CITY'S MAINTENANCE RESPONSIBILITIES
So long as the IMPROVEMENTS remain in place, the CITY shall
be responsible for the maintenance of the same, at CITY's
sole cost and expense. The CITY shall maintain the landscape,
turf, integral colored sidewalks, pavers, aggregate textured
sidewalks, lighting system(s), bollards, benches, trash
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receptacles, and signage in accordance with all applicable
DEPARTMENT guidelines, standards, and procedures, which
shall include but shall not be limited to the Maintenance
Rating Program Handbook, as may be amended from time to time.
Additionally, the CITY shall maintain the landscape and turf
in accordance with the International Society of Arboriculture
standards, guidelines and procedures, the latest edition of
the "Maintenance Rating Program", and Index 546 of the latest
DEPARTMENT Design Standards as may be amended from time to
time. The CITY shall further maintain the landscape, turf,
integral colored sidewalks, pavers, aggregate textured
sidewalks, lighting system(s), bollards, benches, trash
receptacles, and signage in accordance with the standards
set forth in the Project Plans, in the Project Specifications
and Special Provisions, in accordance with the Miami River
Greenway Regulatory Design Standards, and the Miami 21 Code.
The CITY's maintenance obligations shall include but not be
limited to:
3.1 General Requirements:
(a.) Removing and disposing of litter from PROJECT LIMITS
in accordance with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as amended from time to time.
(b.) Maintaining a service log of all maintenance
operations that sets forth the date of the
maintenance activity, the location that was
maintained, and the work that was performed.
(c.) Submitting Lane Closure Requests to the DEPARTMENT
when maintenance activities will require the closure
of a traffic lane in the DEPARTMENT's right-of-way.
Lane closure requests shall be submitted through the
District Six Lane Closure Information System, to the
DEPARTMENT's area Permit Manager and in accordance
with the District Six Lane Closure Policy, as may
be amended from time to time.
3.2 Landscape and Turf:
(a.) Mowing, cutting and/or trimming and edging the grass
and turf within the PROJECT LIMITS.
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(b.) Pruning all plant materials, which include trees,
shrubs and ground covers, and parts thereof,
including all material encroaching from adjacent
properties onto the adjacent state right-of-way.
(c.) All pruning and trimming will follow the Maintenance
Rating Program Handbook which specifically requires
no encroachment of trees, tree limbs or vegetation
in or over travel way (or clear zone) lower than
14.5 feet, or lower than 8.5 feet over sidewalks.
(d.) Removing and properly disposing of dead, diseased
or otherwise deteriorated plants in their entirety,
and replacing those that fall below the standards
set forth in the Project Plans and in the Project
Specifications, incorporated herein by reference,
and all applicable DEPARTMENT guidelines, standards
and procedures, as may be amended from time to time.
All replacement materials shall be in accordance
with the Project Plans and the Project
Specifications and Special Provisions.
(e.) Mulching all plant beds and tree rings.
(f.) Removing and disposing of all undesirable vegetation
including but not limited to weeding of plant beds
and removal of invasive exotic plant materials.
(g.) Watering and fertilizing all plants as needed to
maintain the plant materials in a healthy and
vigorous growing condition.
(h.) Paying for all water use and all costs associated
therewith.
(i.) Removing and disposing of litter from the medians
and from the roadside adjacent to the medians in
accordance with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as amended from time to time.
(j.) Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting
from the activities described by 3.A through 3.I.
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3.3 Integral Colored Sidewalks:
(a.) Sweep the colored sidewalk periodically to keep it
free of debris and to maintain an aesthetically
pleasing condition. A light pressure washing may
be necessary for heavy stain removal or cleaning.
(b.) The CITY shall conduct annual condition surveys of
the colored sidewalk for gaps, settlement, drop-
offs, and other deficiencies for the life of the
colored sidewalk.
(c.) Performing routine and regular inspections of the
colored sidewalk to ensure that the surface is
compliant with the American with Disabilities Act
(ADA).
(d.) Gaps within the colored sidewalk shall not exceed a
quarter (0.25) of an inch.
(e.) Differential settlement within the colored sidewalk
shall not exceed a quarter (0.25) of an inch in
depth.
(f.) Undertaking the maintenance and repair (when needed)
of the colored sidewalk.
(g.) For any routine repairs or replacement due to
noticeable color scarring or surface deterioration
of the colored sidewalk, the product authorized
installer should be contacted.
(h.) When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary repairs within sixty
(60) days of the date the deficiency is identified.
3.4 Pavers:
(a.) Sweep the decorative pavers periodically to keep it
free of debris and to maintain an aesthetically
pleasing condition. A light pressure washing may
be necessary for heavy stain removal or cleaning.
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(b.) The CITY shall conduct annual condition surveys of
the decorative pavers, including their perimeter
concrete edges for gaps, settlement, drop-offs, and
other deficiencies for the life of the decorative
pavers.
(c.) Performing routine and regular inspections of the
decorative pavers, including their perimeter
concrete edges to ensure that the surface is
American with Disabilities Act (ADA) compliant.
(d.) Gaps within the decorative pavers shall not exceed
a quarter (1/4) of an inch.
(e.) Differential settlement within the decorative
pavers shall not exceed a quarter (0.25) of an inch
in depth.
(f.) undertaking the maintenance and repair (when needed)
of decorative pavers, including their perimeter
concrete edges.
(g.) For any routine repairs or replacement due to
noticeable color scarring or surface deterioration
of the decorative pavers, the product authorized
installer should be contacted.
(h.) When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary repairs within sixty
(60) days of the date the deficiency is identified.
3.5 Aggregate Textured Sidewalks:
(a.) Performing routine and regular inspections of the
decorative and aggregate textured sidewalks,
including their perimeter concrete edges to ensure
that the surface is ADA compliant.
(b.) Identifying damage and/or malfunctions in the
decorative and aggregate textured sidewalks,
including their perimeter concrete edges; and
repairing and/or replacing damaged areas to ensure
surfaces are maintained and that they do not pose
safety hazards for the public.
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(c.) Conducting annual condition surveys of the
decorative and aggregate textured sidewalks,
including their perimeter concrete edges for gaps,
settlement, drop-offs, and other deficiencies
described in this AGREEMENT.
(d.) Ensuring that gaps within the decorative and
aggregate textured sidewalks, including their
perimeter concrete edges shall not exceed a quarter
(1/4) of an inch. Differential settlement within the
concrete/finish surfaces shall not exceed a quarter
(1/4) of an inch in depth.
(e.) Undertaking the maintenance and repair (when needed)
of decorative and aggregate textured sidewalks,
including their perimeter concrete edges.
(f.) When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary repairs within ninety
(94) days of the date the deficiency is identified.
(g.) The CITY is responsible for obtaining copies of all
applicable rules, regulations, policies,
procedures, guidelines, manuals, Project
Specification and Special Provisions, as may be
amended from time to time.
3.6 Lighting Systems (Roadway, Pedestrian and Decorative):
(a.) The CITY shall be responsible at no cost to the
DEPARTMENT for the maintenance of all the lighting
systems and associated components within the PROJECT
LIMITS.
(b.) The PARTIES herein agree that the lighting system
includes: light poles, attached signs, light
fixtures, luminaire, foundations, pull -boxes,
conductors, conduits, load centers, and all wiring
from the tie-in (service point) location with the
power company to the load center and from the load
center to the components that make up the lighting
system.
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(c.) The CITY shall maintain the entire lighting systems
at a minimum of 95% operational at all times.
(d.) The CITY assumes responsibility for the cost of
electricity, maintenance and repairs to the entire
lighting systems.
(e.) The CITY is responsible for the removal, disposal
and replacement of knock -down light poles and light
poles foundation caused by any incident in a manner
that will protect the general public.
(f.) The CITY shall replace stolen wire and any other
component of the lighting system affected by theft
and vandalism. The existing electrical panel and
circuit wires shall be maintained by the CITY.
(g.) The CITY shall conduct the lighting system work in
a manner as to ensure the least practical
interference with the roadway and pedestrians.
(h.) The CITY shall perform all work in accordance with
the latest laws of the State of Florida, applicable
municipal ordinances, regulations and requirements
of the Public Services Commission, the current
standard of the National Electric Code, the latest
edition of the Department of Transportation Standard
Specifications for Road Bridge Construction, and the
latest edition of the Manual on Uniform Traffic
Control Devices for Streets and Highways (MUTCD) and
amendments thereto.
(i.) Tt is understood between the PARTIES hereto that the
lighting systems covered by this AGREEMENT may be
removed, relocated or adjusted at any time in the
future as found necessary by the DEPARTMENT in order
that the adjacent state road be widened, altered or
otherwise changed and maintained to meet with future
criteria or planning of the DEPARTMENT.
(j.) Performing routine and regular inspection of the
decorative lighting performance to ensure that the
system(s) are fully functional; identifying damage
and/or malfunctions; repairing or replacing broken
or missing lighting equipment; and adjusting light
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throw to eliminate interference with visibility of
motoring public.
3.7 Other Incidental Features:
(a.) The CITY shall inspect, manage and perform
maintenance and repairs of all IMPROVEMENTS located
within the PROJECT LIMITS. The CITY shall further
inspect the PROJECT LIMITS to ensure that no
unpermitted modifications are installed or
constructed, and that any such unpermitted
modifications are immediately removed.
Notwithstanding the foregoing, the CITY shall be
obligated to remove any features within the PROJECT
LIMITS that may cause an unsafe condition to the
public.
(b.) The CITY shall be responsible for and inspect,
maintain, repair and manage or cause to be
maintained and repaired all aboveground features
located within the footprints of the PROJECT LIMITS,
including but not limited to bicycle racks, trash
receptacles, commercial elements, banners, pay
phones, bollards, signage, benches, ash urns,
play/entertainment areas, event tents and
platforms, kiosks, tables and chairs, advertising
items, decorations, pedestrian shelters, and other
features installed within the PROJECT LIMITS.
The DEPARTMENT may, at its sole discretion, perform periodic
inspection of the landscape, turf, integral colored
sidewalks, pavers, aggregate textured sidewalks, lighting
system(s), bollards, benches, trash receptacles, and signage
to ensure that the CITY is performing its duties pursuant to
this AGREEMENT. The Department shall share with the CITY its
inspection findings, and may use those findings as the basis
of its decisions regarding maintenance deficiencies, as set
forth in Section 4 of this AGREEMENT. The CITY is responsible
for obtaining copies of all applicable rules, regulations,
policies, procedures, guidelines, and manuals, and the
Project ,Specification and Special Provisions, as may be
amended from time to time.
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4. MAINTENANCE DEFICIENCIES
Tf av any time it shall come to the attention of the
DEPARTMENT that the CITY's responsibilities as established
herein are 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 notify
the CITY of the maintenance deficiencies. From the date of
receipt of the notice, the CITY shall have a period of sixty
(60) calendar days, within which to correct the cited
deficiency or deficiencies. Receipt is determined in
accordance with Section 5 of this AGREEMENT.
If said deficiencies are not corrected within this time
period, the DEPARTMENT may, at its option, proceed as follows:
a. Maintain the landscape and turf or a part thereof and
invoice the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7,
remove any or all landscape located within the medians
and charge the CITY the reasonable cost of such removal.
5. NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or given
hereunder, shall be in writing and shall be sent by certified
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
Attn: District Maintenance Engineer
To the CITY: City of Miami
444 SW 2nd Avenue, lOt" Floor
Miami, Florida 33130
Attention: City Manager
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof unless
proof of prior actual receipt is provided.
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6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE
The PARTIES agree that the landscape, integral colored
sidewalks, pavers, aggregate textured sidewalks,
lighting system(s), bollards, benches, trash
receptacles, and signage addressed by this AGREEMENT may
be removed, relocated or adjusted at any time in the
future, at the DEPARTMENT's 'sole discretion. The.
DEPARTMENT shall notify the CITY as soon as practicable
of any such removal, relocation or adjustment of the
IMPROVEMENTS. This notification is not subject to the
notice provisions of Paragraph 5 of this AGREEMENT. In
the event that the DEPARTMENT relocates or adjusts the
landscape, turf, integral colored sidewalks, pavers,
aggregate textured sidewalks, lighting system(s),
bollards, benches, trash receptacles, and signage, the
CITY's maintenance responsibilities will survive the
relocation or adjustment, as long as the materials
remain within the PROJECT LIMITS.
7. TERMINATION
This AGREEMENT is subject to termination under any one of the
following conditions:
a. By the DEPARTMENT, if the CITY fails to perform its
duties under Section 3 of this AGREEMENT, following the
sixty (60) calendar days written notice, as specified in
Section 4 of this AGREEMENT.
b. In accordance with Section 287.058(1)(c), Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or all documents, papers,
letters, or other materials made or received by the CITY
pertinent to this AGREEMENT which are subject to
provisions of Chapter 119, of the Florida Statutes.
C. If mutually agreed to by both PARTIES, upon thirty (30)
days advance notice. An agreement to terminate shall be
valid only if made in writing and executed with the same
formalities as this AGREEMENT.
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8, 'PERMS
a. The effective date of this AGREEMENT shall commence upon
execution by the PARTIES and shall continue so long as
the IMPROVEMENTS remain in place until termination as
set forth in Section 7.
h. E -Verify
The CITY shall:
i. Utilize the U.S. department of Homeland
Security's E -Verify system to verify the
employment eligibility of all new employees
hired by the Vendor/ Contractor during the term
of the contract; and
ii. Expressly require any subcontractors performing
work or providing services pursuant to the state
contract to likewise utilize the U.S. Department
of Homeland Security's E -Verify system to verify
the employment eligibility of all new employees
hired by the subcontractor during the contract
term. (Executive Order Number 2011-02)
The CITY shall insert the above clause into any contract
entered into by the CITY with vendors or contractors
hired by the CITY for purposes of performing its duties
under this AGREEMENT.
C . This writing embodies the entire AGREEMENT and
understanding between the PARTIES hereto and there are
no other agreements and understanding, oral or written,
with reference to the subject matter hereof that are not
merged herein and superseded hereby.
d. This AGREEMENT shall not be transferred or assigned, in
whole or in part, without the prior written consent of
the DEPARTMENT.
e. This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the AGREEMENT.
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f. Venue for any and all actions arising out of or in
connection to the interpretation, validity, performance
or breach of this AGREEMENT shall lie exclusively in a
state court of proper jurisdiction in Leon County,
Florida.
g. A modification or waiver of any of the provisions of
this AGREEMENT shall be effective only if made in writing
and executed with the same formality as this AGREEMENT.
g. The section headings contained in this AGREEMENT are for
reference purposes only and shall not affect the meaning
or interpretation hereof.
h. No term or provision of this AGREEMENT shall be
interpreted for or against either Party because the
Party or its legal representative drafted the provision.
i. The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 768.28, Florida
Statutes, as may be amended from time to time. Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT's sovereign
immunity protections, or as increasing the limits of
liability as set forth in Section 768.28, Florida
Statutes.
j. The CITY is a municipal corporation, self-insured and
subject to the provisions of Section 768.28, Florida
Statutes, as may be amended from time to time. Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the CITY's sovereign immunity
protections, or as increasing the limits of liability as
set forth in Section 768.28, Florida Statutes.
9. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, as may be amended
from time to time, the CITY shall:
(a) promptly indemnify, defend, save and hold harmless
the DEPARTMENT, its officers, agents, representatives
and employees from any and all losses, expenses, fines,
fees, taxes, assessments, penalties, reasonable costs,
damages, judgments, claims, demands, liabilities,
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reasonable attorneys fees (including regulatory and
appellate fees), and suits of any nature or kind
whatsoever caused by, arising out of, or related to the
CITY's negligent exercise of its responsibilities as set
out in this AGREEMENT, including but not limited to, any
negligent act, negligent action, negligence or omission
by the CITY, its officers, agents, employees or
representatives in the performance of this AGREEMENT,
whether direct or indirect, except that neither the CITY
nor any of its officers, agents, employees or
representatives will be liable under this provision for
damages arising out of injury or damages caused or
resulting from the negligence of the DEPARTMENT; and
(b) pay all reasonable costs and fees related to this
obligation and its enforcement by the DEPARTMENT.
The CITY's obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT's option, to
participate and associate with the DEPARTMENT in the defense
and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the CITY's
receipt of the DEPARTMENT's notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements set
forth in Section 5 of this AGREEMENT. The DEPARTMENT's
failure to notify the CITY of a claim shall not release the
CITY of the above duty to defend and indemnify the DEPARTMENT.
The CITY's evaluation of liability or its inability to
evaluate liability shall not excuse the CITY's duty to defend
and indemnify the DEPARTMENT under the provisions of this
section. Only an adjudication or judgment, after the highest
appeal is exhausted, specifically finding the DEPARTMENT was
negligent shall excuse performance of this provision by the
CITY.
The indemnification provisions of this section shall survive
termination or expiration of this AGREEMENT, but only with
respect to those claims that arose from acts or circumstances
which occurred prior to termination or expiration of this
AGREEMENT.
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IN WITNESS WHEREOF, the PARTIES hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY: BY:
City Manager District Director cf
Transportation Operations
ATTEST: (SEAL) ATTEST:
City Clerk Executive Secretary
APPROVED BY:
Director of Public Works
BY:
APPROVED AS TO INSURANCE:
Director - Risk Management
LEGAL REVIEW:
BY:
City Attorney - Approved
as to form and legality
BY:
District Chief Counsel
Maintenance klemorandum of Agreement between Flotida Depatttnent of Trmsportation :md City of Miami
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EXHIBIT 'A'
PARCELS A AND B ALONG SW SOUTH RIVER DRIVE
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EXHIBIT `B'
PARCEL B ALONG SW NORTH RIVER DRIVE
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EXHIBIT 'C'
PROJECT LIMITS
Below are the limits of the landscape, turf, integral colored
sidewalks, pavers, aggregate textured sidewalks, lighting
system(s), bollards, benches, trash receptacles, and signage to be
maintained under this AGREEMENT.
State Road Number: 968 (SW 1st Street)
Agreement Limits:
County:
From SW 6th Avenue (MP 1.954)
to SW 2nd Avenue (MP 2.351)
Parcels A and B along SW South River Drive,
the limits of which are described in the
attached Exhibit 'A'
Parcel B along SW North River Drive, the
limits of which are described in the attached
Exhibit 'B'
Miami -Dade
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EXHIB IT 'D "
CITY OF MIAMI RESOLUTION
To be herein incorporated once adopted by the CITY Council.
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