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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> JX BARTON , CLERK <br /> 0 S'�"A ' r <br /> SECTION NO . : 88010000 . � � Q� <br /> PERMIT NO : 2009 -K-490 -0004 4;(p ! <br /> COUNTY : Indian River <br /> S . R. NO . : 5 (US - 1 ) <br /> DISTRICT FOUR (4) <br /> MAINTENANCE MEMORANDUM OF AGREEMENT <br /> THIS AGREEMENT , made and entered into this day of , 20_, <br /> by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a <br /> component agency of the State of Florida, hereinafter called the DEPARTMENT and INDIAN <br /> RIVER COUNTY , a political subdivision of the State of Florida, existing under the Laws of <br /> Florida, hereinafter called the AGENCY . <br /> WITNESSETH : <br /> WHEREAS , the DEPARTMENT has jurisdiction over State Road 5 (US- 1 ) as part of <br /> the State Highway System ; and <br /> WHEREAS , the AGENCY seeks to install a 231 feet of 12 " X 18 " Elliptical <br /> Reinforced Concrete Pipe (ERCP )Pipe and maintain said improvements and within the right- <br /> of-way of State Road 5 as described with Exhibit B ; and <br /> WHEREAS , as part of the continual updating of the State of Florida Highway System , <br /> the DEPARTMENT , for the purpose of safety, protection of the investment, and other reasons , <br /> has constructed and does maintain the highway facility as described in Exhibit A, attached hereto <br /> and incorporated by reference herein , within the corporate limits of the AGENCY ; and <br /> WHEREAS , the AGENCY is of the opinion that said highway facilities that contain a <br /> ERCP shall be maintained and repaired ; and <br /> WHEREAS , (hereinafter) it is the intent of the AGENCY and the DEPARTMENT that <br /> the AGENCY shall maintain all improvements made by the AGENCY as well as areas within <br /> the right of way by said improvements made at the request of the AGENCY ; and <br /> WHEREAS , the parties hereto mutually recognize the need for entering into an <br /> Agreement designating and setting forth the responsibilities of each party ; and <br /> WHEREAS , the AGENCY by Resolution No . 2010 - 031 dated Apri 1 20 s <br /> 2010, attached hereto and by this reference made a part hereof, desires to enter into <br /> this <br /> Agreement and authorizes its officers to do so , <br /> NOW THEREFORE , for and in consideration of the mutual benefits to flow each to the <br /> other , the parties covenant and agree as follows : <br /> 1 <br />