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w FDOT/INDIAN RIVER COUNTY ROADWAY TRANSFER AGREEMENT From Indian River County to the Florida Department of Transportation Wabasso Road/CR-510 from SR-5/US-1 to SR-AlA THIS AGREEMENT, made and entered into this 14th day of June , 2005 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,hereinafter called the DEPARTMENT, and Indian River County,hereinafter called the COUNTY; WITNESSETH WHEREAS,the COUNTY,has requested the transfer of the above listed roadway sections to the State Highway System, and this transfer is mutually agreed upon,between the COUNTY and the DEPARTMENT and, WHEREAS, upon signature of the Secretary of Transportation the COUNTY has agreed to the transfer of jurisdiction of roadway section 88050000,Wabasso Road from SR-5/US-1 to SR-AlA: WHEREAS, following the transfer of the roadway as specified herein, the COUNTY agrees to pay the DEPARTMENT a sum amount of$3,092,000 (Three Million Ninety-two Thousand Dollars), for roadway improvements, and; 2005-096 WHEREAS,this Agreement has been approved by the County Commission through Resolution No. NOW, THEREFORE, THIS INDENTURE WITNESSETH: in consideration of the mutual covenants and promises herein contained,and for other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged, the COUNTY and the DEPARTMENT agree as set forth below: This Agreement sets forth the terms and conditions under which the COUNTY and the DEPARTMENT will abide, commencing on the date of approval of the Agreement by the Secretary of the Department. (a) The DEPARTMENT accepts all responsibility for the road right of way and for operation and maintenance of the roadway upon the effective dates of transfer for Wabasso Road/CR-510 from SR- 5/US-1 to SR-AIA In addition to the roadbed,this agreement includes all sidewalks,bike paths,curbs, culverts,bridges, and drainage structures within the right-of-way at the time of transfer. (b) The COUNTY shall be responsible for the continuation of maintenance of any nonstandard DEPARTMENT roadway or landscaping features or any existing Landscaping Agreements with private companies when roads are transferred from COUNTY jurisdiction. This includes all fishing piers, recreation areas located along the causeway,and the access road and surface property located beneath the high level bridge (Bridge No.880053). (c) It is agreed that all obligations of the COUNTY, under any maintenance, utility, railroad crossing agreement or other such agreement,relating to any specific road to be transferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility. Copies of any existing permits, agreements, and easements shall be turned over to the DEPARTMENT for their records. (d) The COUNTY in the public land records of Indian River County, will record the appropriate deeds or 4 right-of-way maps to reflect the transfer. (e) The COUNTY agrees to pay the DEPARTMENT a lump sum amount of$3,092;000 (Three