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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />WHEREAS, the Parties hereto mutually recognize the need for entering into an Agreement <br />designating and setting forth the responsibilities of each party; and <br />WHEREAS, the AGENCY by Resolution on the day of , 20 a copy <br />of which is attached hereto as Exhibit B and by this reference made a part hereof, desires to enter into <br />this Agreement and authorizes its officers to do so. <br />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 to construct this <br />Project. <br />4.The AGENCY shall continue to maintain the existing roadway and any property owned by the <br />AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue <br />to be 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 2022, 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 2022-2023, 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 but is not limited to, drainage pond, <br />flexible pavement, signing and pavement markings, signalization equipment, sidewalks, <br />intersection pedestrian lighting, drainage structures, handrails, the Indian River County North <br />County Transit Hub (inclusive of fencing, gates, sidewalk, pavement, sodding, signing & marking, <br />curb, and pond), and miscellaneous walls. <br />a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and <br />construct the Project. <br />-2- <br />