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1977-21 REUBIN 0'0. ASKEW GOVERNOR }o/?/ V ~. REtElVED J U L 2 9' 1977 Department of Transportation TOM WEBB, JR. SECRETARY P. O. Box 47 DeLand, Florida 32720 July 27, 1977 Mr. Gordon D. Tiffany Ci ty Manager Ci ty of Cl ermont #1 West Gate Plaza Clermont, Florida 32711 RE: Job No. 11070-3510 - SR 50 Dear Mr. Tiffany: For your information, use and records, enclosed is an executed copy of the Maintenance Agreement and Resolution pertaining to the traffic signal installations at the intersection of SR 50 with Eighth Street, Fifth Street, East Avenue and Bloxham Avenue in Clermont. ~ L. A. Gri ffi n District Traff Operations Engine LAG: cl Enclosures rAiiiivE AUVEl ~_ ~Fl:..ORIOA" I (omrrv---------. SECTION JOB NO . NO . 11070 3510 SR NO. 50 iAAFFlC OPERATIONS NO. COUNTY NAME MUNICIPALITY lake Clermont . MAINTENANCE AGREEMENT TRAFFIC SIGNALS THIS AGREEMENT, made and entered into this ;f~ day of ~ . 19 L.:L. by and between the State of Florida DeP~rtmentt?f Tr nsportation. an Agency of the State of Florida~ hereinafter called the "Department" and the City of Clermont FLORIDA, here1naftercalled the "Public Body." WIT N E SSE T H: WHEREAS, the construction and maintenance of a traffic signal, or signals, is necessary for the safe and efficient highway transportation at the location I or locations as described in' Exhibit "A", attached hereto, and WHEREAS, the-Public Body, by resolution attached hereto and made a part hereof, has detennfned that it is in the public1interest for the Public Body to assume the responsibility for maintenance' and electrical power costs incurred fn the operation of said signal installation: NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideratfon of the premises and the mutual covenants contained herein to be undertaken by the re- spective parties hereto, the parties and each: of.them, ..tually agree Ind covenlni IS fo 11 OW5 : l~ That the traffic signal or signals IS described in Exhibit RA", Ittached' hereto and made a part hereof, will be so designed that the. functional design of the installation and its components will be mutually acceptabl. to the parties " . . hereto, and wl1l be installed' under Department suporv1sion, wfth the actual IIIIthod of construction and financing determined by the Department's policies, budget, and agreement or agreements which it may have with this or another governmental unit ."'elating to the financing and constr~ctlon. thereof.. 2. That the Public Body shall, upon completion of the installation and acceptance by the parties hereto, assume the sole responsibility for the maintenance and continuous operation of said signal installation and the pay- ~nt for all costs for electricity and electrical charges incurred in connection w1t~ the operation thereof. 3. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the Public Body shall record maintenance activities relative to said traffic signal installation to a "De- partment of Transportation Traffic Signal Maintenance Log" or In approved equivalent log. 4. That the-equipment shall remain the property of the Department, and it is hereby understood and agreed by the parties hereto that the Public Body may' remove any component of the installed equipment for repair but the Public Body shall not, under any condition, permanently remove the main frame of the control unit without the express written permission of the Department. S. It is expressly understood and agreed by the parties hereto that the wiring'of the cabinets and the timing of the signals will be such that the traffic will be properly handled at the time of the completion of the installation of the signals. Necessary modifications in timing or minor circuity may be made by the Public Body to accommodate the changing needs of traffic but the Department re- serves the right to examine the equipment at any time, and after due consulta- tion with the parties hereto, specify timing and phasing that will provide a slfe Ind expeditious traffic flow in the state highway system. 6. The Public Body shall not modify the equipment to provide additional phases or intervals without written permission from the Department. 7. The Public Body hereby agrees to indemnify_. defend, save and hold hann- less the Department for all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this agreement by the Public Body, its agents or employees, or due to any act or occurrence or . omission or commission of the Public Body, its agents or employees. It is specifically understood and agreed that this indemnification agreement does . not cover or indemnify the Department,or its agents or employees, for its own negligence or breach of contract. 8. It is mutually agreed that the Department's Director of Road Operations shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under. or by reason of this agreement. the prosecution and ful- fillment of the services hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 9. It is understood and agreed by the parties hereto that this agreement shall remain in force during the life of the originally installe~ equipment. and any replacement equipment installed by the mutual consent of the parties hereto, provided however that additional or replacement equipment purChased and installed wholly at the expense of the Public Body in accordance with this pro- vision shall remain the property of the Public Body. IN WITNESS WHEREOF? the parties hereto have caused these presents to be executed. the day'and year first above ,written. WITNESSES: BY: ~EAL) BY: PUBLIC B9Ph A ~ '. BY: (..Jt.. fJ.i.~~ ~ .Title: Mayor ATTEST: iJJw~J Zj~M~ (SEAL) City Clerk s t t e u c . Approved: Dlr?J.~_ o~ ~ ~peratlon5 ? /~a ?e/ ~S) troT Approved as to form, legality and execution. t kr.~AttorneY . EXHIBIT "All MAINTENANCE AGREEMENT TRAFFIC SIGNALS This Exhibit "A" forms an integral part of that certain Traffic Signals Maintenance Agreement between the State of Florida Department of Transportation and the Ci tv of Cl ennont Dated 7//1 _ 1922- . -. - "' LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: STATE JOB 'NO. SR NO. 50 TRAFFIC OPERATIONS NO. LOCATION: 11070-3510 with Eighth Street, Fifth Street, . - East Avenue. Bloxham /lve.. . t f . .