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2022-227
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2022-227
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Entry Properties
Last modified
12/9/2022 11:36:53 AM
Creation date
11/21/2022 11:40:08 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/01/2022
Control Number
2022-227
Agenda Item Number
12.G.3.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Right of Way Acquisition Memorandum of Agreement (MMOA
for Oslo Road Widening Project Financial Project No. 431521-1
Document Relationships
2022-084
(Agenda)
Path:
\Resolutions\2020's\2022
2022-226
(Agenda)
Path:
\Official Documents\2020's\2022
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DocuSign Envelope ID: 2D264F60-1C42-470D-9532-1584FD04A884 <br />subordination, and/or other agreements or matters of record relating to the property to be <br />conveyed and the AGENCY shall assume all responsibilities and liabilities arising from <br />any obligations thereunder which responsibilities, liabilities and obligations as set forth in <br />the conveyance documents shall run with the land. This provision shall survive the <br />termination of this MOA. <br />4. Notwithstanding any other provision herein to the contrary, the DEPARTMENT shall not <br />be responsible for any costs or attorney fees arising out of any liabilities or obligations <br />incurred regarding the right of way after the transfer of property. <br />5. Prior to and during construction of the Project by the DEPARTMENT, the AGENCY <br />shall be responsible for the maintenance of all properties acquired for the Project by <br />the DEPARTMENT, keeping them in a safe condition. This includes responding to and <br />addressing Code Enforcement violations and complaints from the public as well as any <br />required mowing and litter removal during construction. <br />6. To the extent provided by law, the AGENCY shall indemnify, defend and hold harmless <br />the DEPARTMENT and all of its officers, agents and employees from any claim, loss, <br />damage, cost, charge, or expense arising out of any act, error, omission, or negligent <br />act by the AGENCY, its agents or employees during acquisition and other related <br />activities on the Project except that neither the AGENCY, its officers, agents or <br />employees will be liable for any claim, loss, damage, cost, charge, or expense arising <br />out of any act, error, omission, or negligent act by the DEPARTMENT or any of its <br />officers, agents or employees during the performance of acquisition and other related <br />activities on the Project. <br />7. Any and all notices given or required under this MOA shall be in writing and either hand - <br />delivered with receipt acknowledged or sent by certified mail, return receipt <br />requested. All notices delivered shall be directed as follows: <br />As to the DEPARTMENT: <br />Anson Sonnett, P.E., Project Manager <br />Florida Department of Transportation <br />3400 West Commercial Boulevard <br />Fort Lauderdale, Florida 33309-3421 <br />Phone: (954) 777-4474 <br />With copy to: <br />Dan Marwood, Deputy Right of Way Manager - Production <br />Florida Department of Transportation <br />3400 West Commercial Boulevard <br />Fort Lauderdale, Florida 33309-3421 <br />Phone: (954) 777-4237 <br />As to the AGENCY: <br />Richard B. Szpyrka, P.E. <br />Public Works Director <br />Indian River County <br />1801 27th Street <br />Vero Beach, FL 32960 <br />(772) 226-1234 <br />With copy to: <br />
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