1996-63A
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('Ii L
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HIGHWAY MAINTEN~~CE AGREEMENT
THIS AGREEMENT made and entered into as of the -13 day of
~~ 1996, by and between the STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
a component agency of the State of Florida,
hereinafter called the
"Department" ,
and
City of Clermont
a
political subdivision of the State of Florida, hereinafter called
the "Local Government!;,
WIT N E SSE T H :
WHEREAS, the Local Government has applied for an enhancement
project
identified
as
W. P. 1.
No.
5122578,
job
No.
11000-3601
hereinafter referred to as the "Project"; and
WHEREAS, the Department and the Local Government have agreed
that the Local Government shall maintain the Project; and
WHEREAS, the parties hereto mutually recognize the need for
entering
into
an
agreement
designating
and
setting
forth
the
responsibilities of each party;
NOW,
THEREFORE,
for
and
1.n
consideration
of
the
mutual
benefits to flow each to the other, the parties covenant and agree
as follows:
1.
The Local Government shall at all time be responsible, at
its
sole
cost
and expense,
for operating and maintaining
the
portion of the Project that lies within the jurisdictional area of
the Local Government.
Operation and maintenance shall include
clean-up, removal and disposal of debris from catastrophic event or
accidents as well as routine maintenance of facilities, pavement
.
.
and landscaping.
All maintenance shall be in accordance with the
provisions of the following:
A.
The
Local
Government
shall
maintain the pedesterianl
bikeway in good condition,
consistent with the Roadway
and Roadside Maintenance Procedure, Topic No.
850-000-
015.
B.
If the Local Government elects to maintain the facility
by use of a contraccor,
then the procedure outlined in
the
Contract
Maintenance
Inspection
and
Reporting
Procedure, Topic No. 375-020-002, shall apply.
C.
Manual
of
Uniform
Traffic
Control
Devices
and
Safe
Procedures for Streets and Highway Construction.
D.
All other applicable local, state or Federal laws, rules
resolution, or ordinances.
2.
In the event that the Local Government fails to properly
maintain the Project,
the Department may, at its option, perform
any necessary maintenance, without the need for any prior notice,
and charge the cost thereof to the Local Government.
Failure of
the Local Government to pay any such charges within ten (10) days
of the bill for the same shall be deemed to be an additional event
of default hereunder.
3.
The Local Government covenants and agrees that it will
indemnify
and
hold
harmless
the
Department
and
all
of
the
Department's officers, agents and employees from any claim, loss,
damage,
cost,
charge or expense arising out of any a~~,
action,
neglect or omission relating to the performance of the Agreement,
whether direct or indirect, and whether to any person or property
.
.
to which the Department or said parties may be subject except that
the Local Government will not be liable under this paragraph for
damages arising out of any injury or damage to persons or person
resulting from the negligence of Department or any of its officers,
agents or employees.
4.
This Agreement, together with all documents incorporated
herein, embodies the entire agreement and understanding between the
parties hereto and there are not other agreements or understanding,
oral or written, with reference to the subject matter hereof that
are not merged herein and superseded hereby.
5.
This Agreement may not be assigned or transferred by the
the Local Government in whole or in part without prior written
consent of the Department.
6.
This Agreement,
regardless of where executed,
shall be
governed by, and construed according to the Laws of the State of
Florida.
7.
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 telegraph:
A.
If to the Department, addressed to 719 South Woodland
Boulevard, Deland, Florida 32720, or at such other address as
the Department may from time to time designate by written
notice to the Applicant and the Local Government; and
B.
If to the Local Government, addressed, to
City of
Clermont, P.o. Box 120219, Clermont, Florida 34712-0219
or at
. .
.
It
such other address as the Local Government may from time to
time designate by written notice to the Department.
All time limits provided hereunder shall run from the date of
mailing
of
all
such
notices,
demands,
requests
and
other
instruments.
IN WITNESS WHEREOF,
the parties hereto have caused these
presents to be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Approved as to Form and Legality:
By:
D~~~ ~o~
By:
~~~~
Dist~t Secretary
, .,~
City of Clermont
Board of Commissioners
Attest, ~~~:: s?;r~~~ :
By,a¿;~O
Name: Robert A. Pool ~
Title: ~layor
Attest~. ~
Aame: Jose. Van Zi 1 ~EAL)
Title: C1 ty C1 erk