HomeMy WebLinkAbout2006 09 25 Consent 401 Landscape Construction and Maintenance Agreement FDOT
COMMISSION AGENDA
ITEM 401
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
September 25, 2006
Meeting
MGR ,r----roEPT J/;?-
Authorization
REQUEST: The Public Works Department requests City Commission authorization to
enter into a Landscape Construction and Maintenance Agreement with the'
Florida Department of Transportation for landscape and sidewalk
maintenance associated with the Vistawilla Office Center
PURPOSE: The purpose of this agenda item is to request City Commission authorization
to enter into a Landscape Construction and Maintenance Agreement with
the Florida Department of Transportation for landscape and sidewalk
maintenance associated with the Vistawilla Office Center project located on
the south side of S.R. 434, east of Vistawilla Drive and west of S.R. 417.
CONSIDERA TIONS:
. The final engineering for the Vistawilla Office Center was approved (with conditions) by
the City Commission at the January 23,2006 (Phase I) and September 7,2006 (Phase II)
Commission meetings,
. The approved final engineering plans show the existing FDOT sidewalk in the S,R 434
right-of-way along the Vistawilla Office Center's property frontage being removed and
replaced with a new public sidewalk located on the Vistawilla Office Center property,
. The Landscape Construction and Maintenance Memorandum of Agreement (Attachment
1) is required by FDOT to be executed by the governing jurisdiction in order for the public
sidewalk to be removed from the S,R 434 right-of-way. Although other projects (most
recently Jesup's Reserve) have had similar reconfigurations of the S.R 434 sidewalks,
FDOT now requires the proposed sidewalk and landscape design to be formally approved
as indicated herein.
. Resolution 2006-4*see Exhibit A) was approved by the City Commission at the
September 7,2006 Commission Meeting, and it authorizes the City Manager to enter into
the Landscape Construction and Maintenance Memorandum of Agreement.
Consent Agenda Item 401
September 25,2006
Page 2
. In summary, Resolution 2006-4;f\and the proposed Maintenance Agreement make the City
responsible for maintenance of the landscaping in the S.R. 434 right-of-way and for the
portion of the public sidewalk that will be located on private property. The City is already
responsible for landscape maintenance of the S.R. 434 right-of-way in this area as
approved by Resolution 2004-05. Resolution 2006-4~nd the proposed Maintenance
Agreement provide for the additional maintenance of the public sidewalk where it will be
located outside of the S.R. 434 right-of-way. The City is responsible for ensuring that this
sidewalk conforms with generally accepted standards of sidewalk maintenance. All onsite
landscaping and special amenities (pavers, etc.) are to be maintained by the property
owner.
. The Vistawilla Office Center developer will be required to provide a sidewalk easement to
the City to ensure compliance with the attached Agreement.
FUNDING: None
RECOMMENDATION:
Staff recommends that the Commission provide authorization to enter into a
Landscape Construction and Maintenance Agreement with the Florida Department of
Transportation for landscape and sidewalk maintenance associated with the Vistawilla
Office Center project.
ATTACHMENTS:
1. Attachment 1 - Landscape Construction and Maintenance Memorandum of Agreement
2. Exhibit A - Resolution 2006-4 *'
3. Exhibit B - Landscape Plans for Vistawilla Office Center
4. Exhibit C - Landscape Maintenance Plan
5. Exhibit D - Maintenance of Traffic Plan
COMMISSION ACTION:
ATTACHMENT 1
LANDSCAPE CONSTRUCTION AND
MAINTENANCE MEMORANDUM OF
AGREEMENT
LANDSCAPE CONSTRUCTION AND MAINTENANCE
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 20_, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and the
CITY OF WINTER SPRINGS, a political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter called the "CITY."
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 434 as
part of the State Highway System; and
WHEREAS, the CITY seeks to install and maintain certain landscaping within the right
of way of State Road 434 in conjunction with the West End Center project; and
WHEREAS, the CITY, as part of said landscaping, seeks to remove sidewalk from said
right of way and to connect the remaining sidewalk to a CITY sidewalk located off of said right of
way; and
WHEREAS, the DEPARTMENT agrees to allow the landscaping only under certain
conditions necessary to protect the traveling public using said right of way; and
WHEREAS, Rule l4-40.003(3)(c), Florida Administrative Code, requires the parties to enter
into an Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, CITY, by Resolution No. 2006- 47/dated , and attached hereto
as Exhibit "A," has accepted said grant and authorized its officers to execute this AGREEMENT on
its behalf.
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 CITY hereby agrees to install or cause to be installed landscaping as specified in the
Landscape Plan(s) included as Exhibit "B." Such installation shall be in conformance with
Florida Administrative Code Rule 14-40.003, as it maybe amended from time to time, and
the Florida Highway Landscape Guide, which is incorporated into Rule 14-40.003 by
reference. The CITY shall not change or deviate from said plan(s) without written approval
ofthe DEPARTMENT.
2. The CITY agrees to maintain the landscaping in accordance with the Landscape
Maintenance Plan(s) included as Exhibit "C." Additionally, the CITY agrees to maintain
existing sidewalk which remains within DEPARTMENT right of way within the area
between the boundary line on either side of the abutting property extending forward to the
back of curb, or if no curb then to the edge of travel lane. Said maintenance will be in
accordance with Florida Administrative Code Rule 14-40.003 and the Florida Highway
Landscape Guide, as they may be amended from time to time. The CITY's responsibility for
maintenance shall be consistent with the requirements of Florida Administrative Code Rule
14-40.003(3)(a)5. The CITY agrees to maintain the CITY sidewalk in conformance with
generally accepted standards of sidewalk maintenance. The above named functions to be
performed by the CITY shall be subject to periodic inspections by the DEPARTMENT.
The CITY shall not change or deviate from said planes) without written approval of the
DEPARTMENT.
3. All landscape installation and all maintenance activities undertaken by CITY shall be in
accordance with the Maintenance of Traffic Planes) included as Exhibit "D" and Florida
Administrative Code Rule 14-40.003(5).
4. If at any time after the CITY has assumed the landscaping installation or the maintenance
responsibility above-mentioned, it shall come to the attention of the DEPARTMENT that
the limits or a part thereof is not properly installed or maintained pursuant to the terms ofthis
AGREEMENT, the District Secretary or his designee may issue a written notice that a
deficiency or deficiencies exist(s), by sending a certified letter to the CITY to place said
CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) calendar
days within which to correct the cited deficiencies. If said deficiencies are not corrected
within this time period, the DEPARTMENT may at its option, proceed as follows:
(a) If installation is not completed in accordance with the plans in paragraph 1, the
DEPARTMENT may complete the installation, with DEPARTMENT or
Contractor's personnel, and deduct the reasonable cost thereof from the money
otherwise due the CITY under this AGREEMENT.
(b) If installation has been properly completed or if the DEPARTMENT elects not to
complete the installation under (a) above, and maintenance by CITY is not in
compliance with paragraphs 2 or 3, the DEPARTMENT may take maintenance
action with regard to all or part thereof, with DEPARTMENT or Contractor's
personnel, and invoice the CITY for expenses incurred, or
(c) The DEPARTMENT may terminate the AGREEMENT, in which case the CITY
shall at its own expense and within sixty (60) days after written notice by the
D EP ARTMENT, remove all of the landscaping that the DEPARTMENT directs be
removed and return the right-of-way to its original condition. The CITY will own
such materials as it removes and the DEPARTMENT shall own any materials
remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust
the landscaping materials, with the CITY being responsible for the cost of any
removal.
Upon DEPARTMENT action under one of the above options and upon direction of the
DEPARTMENT, CITY shall cease installation and maintenance activities under this
AGREEMENT.
5. It is understood between the parties hereto that the landscaping covered by this
AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at anytime
in the future as determined to be necessary by the DEPARTMENT in order that the state
road be widened, altered or otherwise changed. The CITY shall be given sixty (60) calendar
days notice to remove said landscaping/hardscape after which time the DEPARTMENT
may remove the same.
6. CITY may utilize its employees or third parties to accomplish its obligations under
paragraphs 1, 2 or 3; however, CITY remains responsible for proper performance under this
AGREEMENT and shall take all steps necessary to ensure that its employees or third parties
perform as required under this AGREEMENT.
7. The term of this AGREEMENT commences upon execution.
8. 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.
9. This AGREEMENT may not be assigned or transferred by the CITY in whole or part
without the consent of the DEPARTMENT.
10. This AGREEMENT shall be governed by and construed in accordance with the laws of the
State of Florida. In the event of a conflict between any portion ofthe AGREEMENT and
Florida law, the laws of Florida shall prevail.
11. Public Entity Crime - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of36 months from
the date of being placed on the convicted vendor list.
12. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
(AGENCY)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
Mayor or Chairman
District Secretary
Attest:
(SEAL)
Clerk/Director
Attest:
(SEAL)
Executive Secretary
Legal Approval
Legal Approval
EXHIBIT" A"
RESOLUTION
RESOLUTION NO. 2006-47
A RESOLUTION OF THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LANDSCAPE CONSTRUCTION
AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FOOT) has jurisdiction
over and maintains State Road 434 as part of the State Highway System; and
WHEREAS, the Mayor and City Commission seeks to install and maintain certain
landscaping within the S.R. 434 right-of-way to a higher standard than provided by
FOOT; and
WHEREAS, the Mayor and City Commission, as a part of said landscaping,
seeks to remove portions of the existing sidewalk within the S.R. 434 right-of-way and to
connect the remaining sidewalk to a City sidewalk located off said right-of-way; and
WHEREAS, the Mayor and City Commission of the City of Winter Springs wish to
authorize the City Manager to enter into a Landscape Construction and Maintenance
Memorandum of Agreement between FDOT and the City of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - The City Commission of the City of Winter Springs hereby
authorizes the City Manager to enter into a Landscape Construction and Maintenance
Memorandum of Agreement between the City of Winter Springs and the Florida
Department of Transportation in a form acceptable to the City Commission.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed
to send copies of this Resolution to FOOT and all other persons as directed by the Mayor
and City Commission.
SECTION III - This Resolution shall take effect immediately upon adoption
by the City Commission.
Passed and adopted this
day of
,2006.
CITY OF WINTER SPRINGS, FLORIDA
JOHN F. BUSH, MAYOR
ATTEST:
ANDREA LORENZO-LUACES, CITY CLERK
EXHIBIT "B"
LANDSCAPE PLANS
VISTA WILLA OFFICE CENTER
Outdoor Design Works, Inc.
landscape Archhecture
VISTAWILLA OFFICE CENTER
LANDSCAPE PLAN
Outdoor Design Works, Inc.
Llndscape Architecture .Installalion. Pavels Lighting
EXHIBIT "C"
LANDSCAPE MAINTENANCE PLAN
VISTA WILLA OFFICE CENTER
~
Vistawilla
Office Center
Right of Way
Landscape Maintenance
Guidelines
Part I Lawn Maintenance Consideration
A. Mowing, Edging and Trimming: All turf areas shall be mowed as needed so that no
more than 1/3 of thle leaf blades are removed per mowing. Mowing shall be with a
(reel/rotary/or mulching) mower. Mower blades will be sharp at all timeS to provide a
quality cut. Mowing height will be according to grass type and variety. Clippings will be
left on the lawn as long as no readily visible clumps remain on the grass surface 36 hours
after mowing. Otherwise, large clumps of clippings will be distributed by mechanical
blowing or collected and removed by the contractor. In the case of fungal disease
outbreaks, clippings will be collected until the disease is undetectable.
Tree rings and plant beds and all building sidewalks, fences, driveways, parking lots
and other surfaced areas bordered by grass will be edged every other mowing. Turf
around sprinkler heads will be trimmed or treated with a non-selective herbicide so as to
not.interfere with or intercept water output.; Contractor will clean all
clippings from sidewalks, curbs and roadways immediately after mowing and/or edging.
Clippings will not be swept, blown, or otherwise disposed of in sewer drains.
B. Fertilization: All turf areas shall be fertilized as per the maintenance specifications
attached. Complete fertilizers shall be granular in composition and contain 300" to 50%
of the nitrogen in a slow or controlled release fonn. The ratio of nitrogen to potash will
be 1: 1 or 2: I for complete fertilizer formulations. Phosphorus shall be no more than~f
the nitrogen level They shall also contain magnesium and micronutrients (i.e.
manganese, iron, zinc, copper, etc.). Fertilizer wi!} be swept off of walks and drives onto
lawns or beds. After fertilization, a minimum of!tinch of water will be applied by the
client.
C. Pest Control: The contractor will inspect lawn areas each visit for indications of pest
problems and advise the client or representative of such problems.
Upon confirmation of a specific problem requiring treatment, pesticides will be applied
as needed on a spot treatment basis, whenever possible, using the least toxic; effective
pesticide. All spraying of pesticides and fertilizer applications will be performed when
temperatures are beIow 90 F and wind negligible. No pesticide will be applied to
turf areas without the express approval of the client. This includes weed and feed
formulations. Records will be kept on pests identified and treatment(s) rendered for
control.
All pest control service is in addition to the basic oontract charges. The amount charged
will be on a per job basis based on materials cost plus labor. The cost will be agreed on
by client and contractor before such service is rendered.
Pesticide applications will be made in accordance with the rules and regulations
governing use of pesticides in Florida. Posting and notification of pesticide sensitive
persons will be done. The pest control applicator will be operating under License #
. Expiration Date
D. Thatch Removal/Scalping: Removal of thatch (a spongy, build-up of dead and living
grass shoots, stems and roots) should be considered when thatch thickness exceeds one
inch. The best time for thatch removal is March through Augus.t when the turfgrass is
rapidly growing. Thatch removal is in addition to the basic contract charges.
Verticutting, using a vertical mower, is the recommended method of mechanically
removing thatch from Bermuda, 81. Augustine and Centipede lawns. Blade spacing shall
be 3" for 81. Augustine and Bahia grass, 2-3" for Centipedegrass and 1-2" for Bermuda
and Zoysiagrass.
Part n . Irrigation Systems: The contractor shall inspect and test all components and zones in
the irrfgatlon system monthly and shall reset zone times acconling to seasOnal
evapotranspiration changes. Minor adjustments and repairs such as bead-emitter cle?n;:ng
or replacement, filter cleaning, small leaks, and minor timer adjustments shall be made by
the contractor, with the client paying for parts. Once a year the contractor will recalibrate
each zone following Cooperative Extensbn Service recommendations. During weekly
maintenance, the contractor will note and report to client any symptoms of inadequate or
excessive irrigation, draining problems, etc.
Repairs or system beyond the above scope will be charged to the client at an murly rate
per person plus parts. The contractor will notifY the client or client1s agent, of the nature
of the problem before repairs are made.
Part ill Considerations for Insurance, Licenses, Pennits and Liability
The contractor will carry liability amounts and workmen1s compensation coverage
required by law on his operators and employees and requires same of any sub-contractors
and provide proof of same to the client The contractor is also responsible for obtaining
any licenses and/or permits required by law for activities on client1s property.
Situations which the Contractor may deem are hislher responsibility:
Any damage due to operation of his equipment in performing the contract.
Complying with all laws pertaining to protected plant species such as the mangrove.
Damage to p!ant material due to improper horticultural practices.
Improper replacement or retrofitting of irrigation system components.
Injury to non-target organisms in application of pesticides.
Situations which the Contractor may deem are not hislher responsibility:
Death or decline of plant materials due to improper selection, placement, planting, or
maintenance done before the time of this contract.
Damage due to improper irrigation comporents existing at the time of contract
execution.
Exposed cablesfwires or sprinkler componentsllines normally found below the lawn's
sur1iice.
Flooding, storm, wind or cold damages.
Disease or damage to lawns or landscape plants caused by excessive irrigation or lack of
Water due to inoperative irrigation components provided these were reported to the client,
or irrigation restrictions imposed by the Southwest Florida Management District or civil
authorities.
Damage caused by or to any item hidden in the landscape and not clearly guarded or
marked.
Damage due to vandalism.
Table 2. Suggested fertilization schedule for St. Augustine grass lawns.
1 The arbitrary dividing line between north and south Florida is a straight
east-west line from coast to coast through Orlando.
(2ComPlete fertiljzer at 1.0 lb of nitrogenll 000 sq ft. ~ i
3Slow release nitrogen fertilizer sources should be used to prevent an
excess of succulent growth dming chinch bug season. Apply 1.0 Ib of
nitrogen/looo sq ft as activated sewage sludge, urea formaldehyde, sulfur-
coated urea, ffiDU, resin-coated material or other slow-release source.
4Iron (Fe) may be applied in smnmer to provide dark green color without
stimulating excessiv~ grass growth. Ferrous sulfate (2 oz in 3 to 5 gal.
water per 1000 sq ft) or a chelated iron source may be used.
OF UNIVERSITY of
FLORIDA
IFAS Extension
EXHIBIT "D"
MAINTENANCE OF TRAFFIC PLAN
LANDSCAPE CONSTRUCTION AND MAINTENANCE
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 20_, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of
the State of Florida, hereinafter called the "DEPARTMENT" and the
CITY OF WINTER SPRINGS, a political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter called the "CITY."
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 434 as
part of the State Highway System; and
WHEREAS, the CITY seeks to install and maintain certain landscaping within the right
of way of State Road 434 in conjunction with the Vistawilla Office Center project; and
WHEREAS, the CITY, as part of said landscaping, seeks to remove sidewalk from said
right of way and to connect the remaining sidewalk to a CITY sidewalk located off of said right of
way; and
WHEREAS, the DEPARTMENT agrees to allow the landscaping only under certain
conditions necessary to protect the traveling public using said right of way; and
WHEREAS, Rule 14-40.003(3)( c), Florida Administrative Code, requires the parties to enter
into an Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, CITY, by Resolution No. 2006- 47A, dated , and attached
hereto as Exhibit "A," has accepted said grant and authorized its officers to execute this
AGREEMENT on its behalf.
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 CITY hereby agrees to install or cause to be installed landscaping as specified in the
Landscape Plan(s) included as Exhibit "B." Such installation shall be in conformance with
Florida Administrative Code Rule 14-40.003, as it may be amended from time to time, and
the Florida Highway Landscape Guide, which is incorporated into Rule 14-40.003 by
reference. The CITY shall not change or deviate from said plan(s) without written approval
of the DEPARTMENT.
2. The CITY agrees to maintain the landscaping in accordance with the Landscape
Maintenance Plan(s) included as Exhibit "C." Additionally, the CITY agrees to maintain
existing sidewalk which remains within DEPARTMENT right of way within the area
between the boundary line on either side of the abutting property extending forward to the
Upon DEPARTMENT action under one of the above options and upon direction of the
DEPARTMENT, CITY shall cease installation and maintenance activities under this
AGREEMENT.
5. It is understood between the parties hereto that the landscaping covered by this
AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at any time
in the future as determined to be necessary by the DEPARTMENT in order that the state
road be widened, altered or otherwise changed. The CITY shall be given sixty (60) calendar
days notice to remove said landscaping/hardscape after which time the DEPARTMENT
may remove the same.
6. CITY may utilize its employees or third parties to accomplish its obligations under
paragraphs 1, 2 or 3; however, CITY remains responsible for proper performance under this
AGREEMENT and shall take all steps necessary to ensure that its employees or third parties
perform as required under this AGREEMENT.
7. The term of this AGREEMENT commences upon execution.
8. 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.
9. This AGREEMENT may not be assigned or transferred by the CITY in whole or part
without the consent of the DEPARTMENT.
10. This AGREEMENT shall be governed by and construed in accordance with the laws of the
State of Florida. In the event of a conflict between any portion of the AGREEMENT and
Florida law, the laws of Florida shall prevail.
11. Public Entity Crime - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of36 months from
the date of being placed on the convicted vendor list.
12. Anti-Discrimination - An entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
RESOLUTION NUMBER 2006-47 A
A RESOLUTION OF THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA AUTHORIZING THE CITY MANAGER TO
ENTER INTO A LANDSCAPE CONSTRUCTION AND
MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Department ot Transportation (FOOT) has jurisdiction
over and maintains State Road 434 as part ot the State Highway System; and
WHEREAS, the Mayor and City Commission seeks to install and maintain certain
landscaping within the S.R. 434 right-ot-way to a higher standard than provided by
FOOT; and
WHEREAS, the Mayor and City Commission, as a part ot said landscaping,
seeks to remove portions ot the existing sidewalk within the S.R. 434 right-at-way and ta
connect the remaining sidewalk to a City sidewalk located off said right-at-way; and
WHEREAS, the Mayor and City Commission ot the City ot Winter Springs wish to
authorize the City Manager to enter into a Landscape Construction and Maintenance
Memorandum ot Agreement between FOOT and the City ot Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I - The City Commission ot the City ot Winter Springs hereby
authorizes the City Manager to enter into a Landscape Construction and Maintenance
Memorandum ot Agreement between the City ot Winter Springs and the Florida
Department ot Transportation in a torm acceptable to the City Commission.
SECTION II - The City Clerk of the City of Winter Springs is hereby directed
to send copies of this Resolution to FOOT and all other persons as directed by the Mayor
and City Commission.
SECTION III - This Resolution shall take effect immediately upon adoption
by the City Commission.
Passed and adopted this 7th day of September, 2006.
CITY OF WINTER SPRINGS, FLORIDA
ATTEST:
LORENZO-LUACES, CITY CLERK
City of Winter Springs, Florida
Resolution Number 2006-47 A
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