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NOW, THEREFORE, for and in consideration of the mutual benefits <br /> contained herein and other good and valuable consideration, the <br /> PARTIES covenant and agree as follows : <br /> 1 . RECITALS <br /> The recitals in this AGREEMENT are true and correct, and are <br /> incorporated herein by reference and made a part hereof. <br /> 2 . ASSIGNMENT OF MAINTENANCE RESPONSIBILITIES <br /> The PARTIES agree that the execution of this AGREEMENT shall <br /> constitute an assignment of all maintenance responsibilities <br /> pertaining to any landscaping, decorative pavers and aggregate <br /> pavement (collectively the "IMPROVEMENTS") within the PROJECT <br /> LIMITS . <br /> This assignment of maintenance responsibilities shall include <br /> all currently existing IMPROVEMENTS within the PROJECT LIMITS, <br /> including those installed prior to the execution of this <br /> AGREEMENT, but excludes maintenance responsibilities which may <br /> be addressed under a separate agreement between the CITY and <br /> the DEPARTMENT. The maintenance responsibilities assigned <br /> hereunder shall also include any future IMPROVEMENTS within <br /> the PROJECT LIMITS, to be incorporated into this AGREEMENT by <br /> a supplemental agreement between the parties, in the form <br /> attached hereto as Exhibit "C", to be executed by the <br /> authorized signatories of this MMOA, or their designees . <br /> Additionally, it is understood and agreed that the installation <br /> of any IMPROVEMENTS within the PROJECT LIMITS shall require <br /> the approval of the DEPARTMENT through a duly issued Permit . <br /> 3 . CITY' S MAINTENANCE RESPONSIBILITIES <br /> So long as the IMPROVEMENTS remain in place, the CITY shall be <br /> responsible for the maintenance of the same . The CITY shall <br /> maintain the IMPROVEMENTS in accordance with all applicable <br /> DEPARTMENT guidelines, standards, and procedures, which shall <br /> include but shall not be limited to the Maintenance Rating <br /> Program Handbook, as may be amended from time to time . <br /> Additionally, with respect to the landscape, the CITY shall <br /> maintain same in accordance with the International Society of <br /> Arboriculture standards, guidelines and procedures, the latest <br /> Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach <br /> Page 2 of 15 <br />