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07/17/1996 Agreement llannp 'l.. itolbage BRANCH OFFICE 3111 OVERSEAS HIGHWAY MARA rnON, FLORIDA 33050 TEL. (305) 289-6021 FAX (305) 289-1145 CLERK OF THE CIRCUIT COURT MONROE cOUNlY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33010 TEL. (305) 852-1145 FAX (305) 852-1146 MEMORANDUM TO: De'nt Pierce Director of Public Works FROM: Ruth Ann Jantzen, Deputy Clerk DATE: July 30, 1996 ------------------------------------------------------------------------------------------------------------------------ On July 17,1996, the Board of County Commissioners granted approval and authorized execution of the following: Resolution No. 259-1996 authorizing the execution of a Highway Landscape Maintenance Agreement with the Florida Department of Transportation of the Big Coppitt Key Bicycle Pedestrian Path Project No. 90000-3526. Resolution No. 260-1996 authorizing the execution of a Highway Landscape Maintenance Agreement with the Florida Department of Transportation for the Indian Key Bicycle Path Project No. 90000-3527. Resolution No. 261-1996 Authorizing the execution of a Highway Landscape Maintenance Agreement with the Florida Department of Transportation for the Upper Matecumbe Pedestrian Path Project No. 90000-3525. " Enclosed please find five duplicate originals of each of the above Maintenance Agreements, executed on behalf of Monroe County. Attached to each Agreement is a certified copy of the appropriate Resolution. Please be sure that a fully executed copy of each of the above agreements is returned to this office as soon as possible. 'If you have any questions on the above, please do not hesitate to contact this office. cc: County Attorney County Administrator, w/o document Finance File S.P.N. 90000-3527 DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT Kll1l MONROE COUNTY Thi s AGREEMENT, entered into thi s \ 1 day of AL1~ ' , 1996, by and between the STATE OF FLORIDA, Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and MON:,IWE COUNTY a poli tical subdivision of the State of Florida, exis~1ng und3f thj[l laws of the State of Florida, herein after called the?:CoyNTY. ' - lT1 t:a ~ r-- I ~, WHEREAS, as a part of the federal enhancement: progrdrrt, toe DEPARTMENT at the request of the COUNTY has crecraed i~ bicycle/pedestrian path wi thin the State right of way ~r t~ safety of bicyclists and pedestrians on that part- of thbl Sta3a= Highway System described by Attachment "A", wi thin the corporate limits of the COUNTY; and WITNESSETH WHEREAS, the COUNTY hereto is of the opinion that said right of way adjacent to the bicycle/pedestrian path shall be landscaped with various flora; and WHEREAS, the parties hereto mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party; and WHEREAS, the COUNTY, at its sole expense, herein agrees to perpetually assume the maintenance responsibilities for the bicycle/pedestrian path and associated landscape within the project limits described in Exhibit "A", and in exchange, the DEPARTMENT will, at its sole expense, construct the bicycle/pedestrian path and new landscape; and WHEREAS.. t e COUNTY by Resolution No. 2- 6IJ - 199 {;, dated Jut-I.( I 7 , attached hereto as Attachment "8", which by reference hereto shall become a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The COUNTY shall be responsible at no cost to the Department for the maintenance of the path and all landscaped areas, except the turfed/sodded areas within the limits described by Attachment "A" , or subsequent amended limits mutually agreed to in writing by both parties. The COUNTY shall be responsible for the maintenance activities described below: 1 S.P.N.90000-3527 1a. Vegetation will be maintained so as to prevent a visual or other safety hazard for those using or intending to use the right of way and the bicycle/pedestrian path. lb. To remove and dispose of dead, deteriorated plants. Plants agreement to be trees and turfed/sodded areas. diseased or otherwise are defined in this ground cover, except 1c. To keep plants as free as possible from disease and harmful insects. 1d. To remove and dispose of all trimmings, roots, branches, etc ..., resulting from the activities described by (la) through (lc) inclusively as described above. 1e. To keep the bicycle/pedestrian path free from the accumulation of dirt and debris by periodic sweeping. The maintenance activities described above to be performed by the COUNTY, shall be subject to periodic inspections by the DEPARTMENT. Such inspection findings will be shared with the COUNTY and shall be the basis of all decisions regarding modification, reworking or Agreement termination. 2. The COUNTY shall not be responsible for the and disposal of debris or replacement of proj ect wi thin the DEPARTMENT'S right of natural disaster (i.e. hurricane, tornados, clean-up, removal any part of this way following a etc.) . 3. If, at any time while the terms of this agreement are 1n effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the COUNTY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this Agreement, said DISTRICT MAINTENANCE ENGINEER may at his option issue a wri tten notice in care of the DIRECTOR OF PUBLIC WORKS, MONROE COUNTY, 5100 College Road, Public Service Bldg., S.I., Key West, Florida 33040 to place said COUNTY on notice thereof. Thereafter, the COUNTY shall have a period of thirty (30) calendar days within which to respond to cited deficiencies and an additional sixty (60) calendar days to correct the cited deficiencies if said deficiencies are deemed valid. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: 3a. Maintain the bicycle/pedestrian path and landscaped areas declared deficient with DEPARTMENT and/or independent Contractor's material, equipment and 2 S.P.N.90000-3527 personnel and charge the reasonable cost of such work to the COUNTY, or 3b. Terminate this agreement in accordance with Paragraph 5 herein and remove, by Department and/or independent Contractor's personnel the bicycle/pedestrian path and all of the planted areas, including trees and ground cover installed under this Agreement and charge the COUNTY for the reasonable cost of such removal. 4. It is understood between the parties hereto that the path and landscaping 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. The DEPARTMENT shall notify the COUNTY as soon as it is known that the landscaping will be removed, relocated or adjusted. 5. This Agreement is subject to termination under anyone of the following conditions: 5a. If the COUNTY fails to comply with Paragraph 3 of this Agreement. 5b. If the COUNTY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the COUNTY pertinent to this Agreement which are subject to provisions of Chapter 119, of the Florida statutes. 5c. As mutually agreed to by both parties with a sixty (60) calendar day written notice. 5d. By both parties, thirty (30) calendar days following complete execution by both parties of an Agreement to terminate this Agreement. 6. The terms of this Agreement commence upon execution by both parties and continue until termination as set forth in Paragraph 5. 7. This writing embodies the entire Agreement and understanding between the parties hereto and there are not other agreements and understanding, oral or written, reference to the subject matter hereof that are not merged herein and superseded hereby. 8. This Agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 9. This Agreement, regardless of where executed shall be 3 S.P.N. 90000-3527 governed by, and constructed according to the laws of the State of Florida. 10. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6) (a), of the Florida Statutes (1993), which provides as follows: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of a contract for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are of an amount in excess of $25,000 and which have a term for a period of more than one year. 11. 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 registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To Department: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6207 Miami, Florida 33172-5800 Attention: Director of Operations To County: Monroe County 5100 College Road Public Service Building, S.l. Key West, Florida 33040 Attention: Director of Public Works 4 S.P.N. 90000-3527 IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. PATH AND LANDSCAPING AGREEMENT WITH MONROE COUNTY MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: County BY: ary ~ -:F~ ATTEST: ATTEST: county Clerk (Seal) Attorney APPROVED AS TO LEGAL FORM: B R~ERT N.)WO DATE -ZL- BY 5 S.P.N.90000-3527 ATTACHMENT "A" THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S BICYCLE/PEDESTRIAN PATH AND LANDSCAPE CONSTRUCTION PROJECT. IN EXCHANGE FOR THE COST OF CONSTRUCTING AND INSTALLING THE PATH AND LANDSCAPE, MONROE COUNTY SHALL ASSUME SOLE RESPONSIBILITY FOR MAINTAINING THE IMPROVEMENTS UPON PROJECT COMPLETION. STATE ROAD NO. STATE PROJECT NO.: WPI NO. PROJECT LIMITS 5 (US 1) 90000-3527 6116915 Indian Key Fill Islands from M.P. 3.916 (north end of Bridge# 90096) to M.P. 5.928 (south end of Bridge# 90088) at a width of 3 meters (1.5 meters on each side of centerline of bike/pedestrian path) on both sides of SR 5/US 1. The County is responsible for the path and landscape improvements constructed under this proj ect only. The Department retains all other responsibility for the state right-of-way. 6 Public Works Division RESOLUTION NO. 260 1996 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE EXECUTION OF A HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE INDIAN KEY BICYCLE PATH PROJECT NO. 90000-3527. WHEREAS, the Florida Department of Transportation, at the request of the County and under the federal enhancement program, created within the State right-of-way in the upper Keys a bicycle path for the safety of pedestrians; and WHEREAS, the County has requested that said right-of-way adjacent to the bicycle path be attractively landscaped; and WHEREAS, the County will assume the maintenance responsibilities for the bicycle path and associated landscape within the project limits after the Florida Department of Transportation, at its sole expense, constructs the bicycle path and new landscape; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Mayor of the Board is hereby authorized to execute the Department of Transportation Highway Landscape Maintenance Agreement for Indian Key Bicycle Path Project No. 90000-3527; and that ..... 2. This resolution shall become eff~ctive immediately and execu~ion by the I upon adoption by the Commission Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners i of Monroe County, Florida, at a regular meeting of said board held on the 17th day of July!, A.D., 1996. Mayor Freeman Mayor ProTem London Commissioner Harvey Commissioner Douglass Commissioner Reich yes yes yes yes yes (Seal) ATTEST: DANNY L. KOLHAGE, CLERK BY~~~ STATE OF:FI.ORlDA) COUNTY OF MONROE> Thi8 Copy 18 a Tme Copy of tbe Original on File in this Office. Wl~ my hand and Official Seal Thls30-____ day of ~O.lJ A.D., 19__~"--- ' D1\NNY 1. KOLHAGE C 1 ('T k Circuit Court !y, .fiw:JJ D.c.