2022-224 - Laserfiche WebLink

Home Browse Search

c. If the project requires one or more permits that are revocable by the permitting entity and the permitting entity's needs require the removal of the project facility or any portion of it, either: i. The facility would be reconstructed or relocated in such a way as to continue serving the same need (e.g., roadway and sidewalk connectivity) at the Agency's expense and a funding source would be made available; or ii. Federal funds would be repaid, again at the Agency's expense. The useful life of the facility would be determined and a schedule for repayment developed (i.e., the amount of repayment necessary for each year of the remaining useful life of the facility at the time of its removal). 6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 7. Environmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be solely responsible for ensuring that the Project remains in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. To the extent permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation required by the permitting agencies in a timely manner to accept transfer of the Project. The AGENCY shall be the applicant for all occupancy permits that are required for the Project. 8. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to accomplish utility relocations for this Project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. At its own expense, the AGENCY shall comply with any and all request of the DEPARTMENT to provide written notice to utility owner to initiate work necessary to alleviate interference; to remove or relocate non-compliant utilities; and to place liens upon non-compliant utility owners within the AGENCY right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY shall be liable and reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for the AGENCY's failure to timely comply with said request. a. AGENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including connection with utility customers. The Parties will enter into an agreement to relocate and adjust utilities. The DEPARTMENT will pay for this work as part of the project cost. The PARTIES will enter into a separate agreement to extend utilities west of 82nd Avenue. The COUNTY will pay for this work. 9.Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect connections for the Project. -3-