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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />1. The recitals set forth above are true and correct and are deemed to be restated herein. <br />2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the <br />Project, as more particularly described in Exhibit A. The AGENCY is responsible for additional <br />Project costs determined to be Federal Aid Non -Participating. <br />3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY <br />property, including easements on property acquired by the DEPARTMENT, to construct this <br />Project. No further permit or agreement shall be required to construct this Project. <br />4. The AGENCY shall continue to maintain the existing roadway and any property owned by <br />AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue <br />to be responsible for Mowing and Litter Removal during the duration of the Project. <br />5. It is understood and agreed by the parties that upon "final acceptance" by the DEPARTMENT of <br />the Project, (as that term is described in the Standard Specifications for Roadway and Bridge <br />Construction dated 2019, as amended by contract documents), and Notice thereof to the <br />AGENCY, the AGENCY shall be responsible for maintenance of said Project, at its own cost, in <br />accordance with the following Federally and State accepted standards and all costs related <br />thereto: (a) Florida Design Manual (FDM), current edition, (b) Florida Green Book dated 2016, as <br />amended (c) Governing standards and specifications: FDOT Design Standards dated FY2019-2020, <br />as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2019, as <br />amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), <br />current edition, or as amended. Maintenance of said Project includes, but is not limited to, <br />roadway, bridge, sidewalk, curb & gutter, drainage, and asphalt roadway. Additionally, upon final <br />acceptance the DEPARTMENT shall convey all acquired property interests to the AGENCY. The <br />Department shall give the AGENCY ten (10) days' notice before final acceptance". <br />• Said conveyance shall include, and the AGENCY fully accepts, a transfer and <br />assignment of all rights and obligations pursuant to any maintenance, utility <br />agreement, subordinations and/or other agreements, or matters of record <br />relating to the property to be conveyed and the AGENCY shall assume all <br />responsibilities and liabilities arising from any obligations thereunder which <br />responsibilities, liabilities, obligations as set forth in the conveyance documents <br />shall run with the land. This provision shall survive the termination of this <br />Agreement. <br />• Notwithstanding any other provision herein to the contrary, the Department <br />shall not be responsible for any costs or attorney fees arising out of any <br />liabilities or obligations incurred regarding the right of way after the transfer of <br />property. <br />• The AGENCY grants herein to the DEPARTMENT all rights necessary to enter <br />and construct the Project. <br />