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RIGHT OF WAY ACQUISITION MEMORANDUM OF AGREEMENT This is a Memorandum of Agreement ("MOA") made and entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida ("DEPARTMENT) and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida ("AGENCY"). WITNESSETH: WHEREAS, the DEPARTMENT is constructing a transportation project for the Oslo Road Widening ("Project"), as depicted in the attached Exhibit "A" and associated with Item / Segment Number 431521-1-52-01; and WHEREAS, the AGENCY is the owner of the facility; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes, and federal funding provisions, the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical limits; and WHEREAS, the Project will involve the acquisition of various property interests along the Project corridor; and WHEREAS, the DEPARTMENT plans to construct the Project and conduct right of way acquisition and related activities, including eminent domain proceedings, on the Project for and on behalf of the AGENCY to prepare the Project for construction; and WHEREAS, the DEPARTMENT will conduct its right of way acquisition activities in accordance with its right of way procedures and applicable federal acquisition requirements; and WHEREAS, the parties agree that it is in the best interest of the public to promote a cooperative effort between the DEPARTMENT and the AGENCY for the successful completion of the Project. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, this MOA sets forth and outlines the following agreements between the DEPARTMENT and the AGENCY concerning the performance of acquisition and maintenance activities by the AGENCY and the DEPARTMENT for the AGENCY's Project: The above recitals are true and correct and are incorporated herein by reference. 2. Upon completion of its acquisition and construction activities for the Project, the DEPARTMENT will transfer and the AGENCY will accept acquired property rights along the AGENCY facilities, including excess property acquired by the DEPARTMENT on behalf of the AGENCY. If for some reason the DEPARTMENT does not construct the Project, any acquired property shall be conveyed to the AGENCY in accordance with all federal and state regulations, and the AGENCY shall accept the property and comply with all. regulations, including making any and all reimbursements to the DEPARTMENT or the Federal Highway Administration ("FHWA") that may be required by said regulations due to the Project not being constructed. 3. Said conveyance shall include, and the AGENCY fully accepts, a transfer and assignment of all rights and obligations pursuant to any maintenance agreement, utility agreemenp,