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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />SECTION No.: 88503500 <br />FM No.: 230879-2-52-01 <br />AGENCY: Indian River County <br />C.R. No.: 609 <br />DISTRICT FOUR <br />HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT <br />THIS AGREEMENT, made and entered into this day of 2019, by and <br />between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State <br />of Florida, hereinafter called the DEPARTMENT and INDIAN RIVER COUNTY, a political subdivision of the <br />State of Florida, or a municipal corporation existing under the Laws of Florida, hereinafter called the <br />AGENCY. <br />WITNESSETH: <br />WHEREAS, the AGENCY has jurisdiction over CR609/82ND AVENUE, as part of the Indian River <br />County Roadway System from 69th Street to CR510/ Wabasso Road; and <br />WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding <br />provisions the DEPARTMENT is authorized to undertake projects within the AGENCY geographical limits <br />and the AGENCY is desirous of having this improvement constructed; and <br />WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY are desirous of <br />having the DEPARTMENT construct certain improvements more particularly described as Financial <br />Project ID 230879-2, which involves a new two-lane undivided, north -south connection parallel to <br />Lateral Canal "C". Scope is included in Exhibit A; hereinafter referred to as the "Project", as more <br />particularly described in Exhibit A; and <br />WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway <br />Administration regulations issued pursuant thereto, there must be an agreement from the AGENCY to <br />maintain the Project; and <br />WHEREAS, the DEPARTMENT may not spend State funds for off -system projects; and <br />WHEREAS, upon acquisition of the necessary right-of-way, if needed, the DEPARTMENT will <br />proceed to construct the Project; and <br />WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement <br />designating and setting forth the responsibilities of each party; and <br />WHEREAS, the AGENCY by Resolution on the day of <br />attached hereto and by this reference made a part hereof, desires to enter into this Agreement and which is <br />authorizes its officers to do so; <br />NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the <br />parties covenant and agree as follows: <br />-1- <br />