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SECTION No.: 88000432 <br />FM No.: 437717-1-52-01 <br />AGENCY: Indian River County <br />C.R. No.: 612 <br />DISTRICT FOUR <br />HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT <br />THIS AGREEMENT, entered into this day of , 20__, by and between the <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, <br />hereinafter called the DEPARTMENT and Indian River county, a political subdivision of the State of <br />Florida, or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY <br />collectively referred to as Parties. <br />WITNESSETH: <br />WHEREAS, the AGENCY has jurisdiction over CR 612/8 Street, as part of the County roadway <br />system from west of 74th Ave to east of Lateral Canal C; 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's geographical <br />limits and the AGENCY agrees to have this improvement constructed; 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 with the AGENCY to <br />maintain the project; and <br />WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY agrees to have the <br />DEPARTMENT construct certain improvements more particularly described as Financial Project ID <br />437717-1, which involves the replacement of Bridge 884024 over the Lateral Canal C; hereinafter <br />referred to as the "Project", as more particularly described in Exhibit A; 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 , 20_, a copy <br />of which is attached hereto and by this reference made a part hereof, desires to enter into 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 other, the <br />Parties covenant and agree as follows: <br />-1- 69 <br />