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RIGHT OF WAY ACQUISITION <br />MEMORANDUM OF AGREEMENT <br />This is a Memorandum of Agreement ("MOA") made and entered into this -day of <br />20_; by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, <br />an agency of the State of Florida ("DEPARTMENT') and INDIAN RIVER COUNTY, a political <br />subdivision of the State of Florida ("AGENCY"). <br />W/ TNESSETH: <br />WHEREAS, the DEPARTMENT is constructing a transportation project for the 1-95 and <br />Oslo Road Interchange ("Project"), as depicted in the attached Exhibit "A" and associated with <br />Item / Segment Number 413048-2-52-01; and <br />WHEREAS, the AGENCY is the owner of Oslo Road; and <br />WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes, and <br />federal funding provisions, the DEPARTMENT is authorized to undertake projects within the <br />AGENCY's geographical limits; and <br />WHEREAS, the Project will involve the acquisition of various property interests along the <br />Project corridor; and <br />WHEREAS, the DEPARTMENT plans to construct the Project and conduct right of way <br />acquisition and related activities, including eminent domain proceedings, on the Project for and <br />on behalf of the AGENCY to prepare the Project for construction; and <br />WHEREAS, the DEPARTMENT will conduct its right of way acquisition activities in <br />accordance with its right of way procedures and applicable federal acquisition requirements; and <br />WHEREAS, the parties agree that it is in the best interest of the public to promote a <br />cooperative effort between the DEPARTMENT and the AGENCY for the successful completion <br />of the Project. <br />NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged by the parties, this MOA sets forth and outlines the following <br />agreements between the DEPARTMENT and the AGENCY concerning the performance of <br />acquisition and maintenance activities by the AGENCY and the DEPARTMENT for the AGENCY's <br />Project: <br />The above recitals are true and correct and are incorporated herein by reference. <br />2. Upon completion of its acquisition and construction activities for the Project, the <br />DEPARTMENT will transfer and the AGENCY will accept acquired property rights along <br />the AGENCY facilities, including excess property acquired by the DEPARTMENT on <br />behalf of the AGENCY, except areas designated as limited access right-of-way. The <br />limited access right-of-way areas are shown in Exhibit "B". If for some reason the <br />DEPARTMENT does not construct the Project, any acquired property, except for areas <br />designated as limited access right-of-way shall be conveyed to the AGENCY by Quit Claim <br />Deed containing a reverter clause limiting the use to highway purposes in accordance with <br />all federal and state regulations, and the AGENCY shall accept the property and comply <br />with all regulations. <br />