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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. The recitals set forth above are true and correct and are deemed incorporated herein. <br />2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the <br />Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid <br />Non -Participating. <br />3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY <br />property. No further permit or agreement from the Agency shall be required�l <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 DEPARTMENT shall be <br />responsible for mowing and litter removal during the duration of the Project. <br />5. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acceptance" is described <br />in the Standard Specifications for Roadway and Bridge Construction dated 2019, as amended), <br />and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own cost, in <br />accordance with the following Federally and State accepted standards: (a) FDOT Design Manual <br />(FDM), current edition (b) Florida Green Book dated 2018, as amended (c) Governing standards <br />and specifications: FDOT Design Standards dated FY 2022-23, as amended (d) Standard <br />Specifications for Roadway and Bridge Construction dated 2022, as amended by contract <br />documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as <br />amended. Maintenance of said Project includes maintaining Iroadway, pavement marking, <br />lighting, signalization, sidewalk, and drainage systems. <br />a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and <br />construct the Project. <br />b. The Department shall give the AGENCY seven (7) days' notice before final inspection. <br />The AGENCY will have the opportunity to inspect and identify corrections to the <br />PROJECT within seven (7) days' notice and the DEPARTMENT agrees to undertake those <br />corrections prior to final acceptance so long as the corrections comply with the Final <br />Proposed Construction plans and specification previously approved by both the <br />DEPARTMENT and the AGENCY. <br />c. If the project requires one or more permits that are revocable by the permitting entity <br />and the permitting entity's needs require the removal of the project facility or any <br />portion of it, either: <br />The facility would be reconstructed or relocated in such a way as to continue <br />serving the same need (e.g., roadway and sidewalk connectivity) at the Agency's <br />expense and a funding source would be made available; or <br />-2- <br />