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40 <br />40 <br />FIA ICY RANO <br />M .oun <br />NOW, THEREFORE., In oomideration of the mutual covenants, promises, and representation herein, the <br />parties desiring to he legally bound, do agree as follows: <br />ARTICLE 1 <br />RECITAL $' DEFINITIONS <br />Section 1.01. 'Iccitals, Each and all of the foregoing recitals be and the same hereby incorporated <br />herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing <br />recitals to be true and correct shall not operate to invalidate this Agreement. <br />Section 1.02. Definiguns, The following words when used in this Agreement (unless the context shall <br />clearly indicate the contrary) shall have the following meanings'. <br />"Agreement" means acid refers to this instrument, as amended from time to time. <br />"Department" shall mean and refer to the Florida Department of Transportation, an agency of the State of <br />Florida created pursuant to Section 20.23, Florida Statutes. <br />" FHWA" means and refers tc the Federal Highway Administration. <br />"FTA" means and refers to the Federal Transit Administration. <br />"Long Range Transportation Plan" is the 20 -year plan which. Identifies transportation facilities; includes a <br />financial plan that demonstrates how tate plan can be implemental and assesses capital improvements necessary to <br />preserve tate existing metropolitan transportation system and make efficient use of existing transportation facilities, <br />Indicates proposed transportation enhancement activities; and in ozonelcarbon monoxide nonattainment areas is <br />coordinated with the State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322, <br />Section 33:1.175(6)„ Florida Statutes. <br />"Metropolitan Area' means and refers to the planning area as delineated by the MPO for the urbanized area <br />containing at least a population of 50,000 as described in 23 USC Section 134(b)(1), 49 USC Section 5303(c)(1), <br />and Section 334.175, Florida Statutes, which shall he subject to the MPO. <br />"MPO" means and refers to the metropolitan planning organization formed pursuant to this Agreement. <br />"Transportation Improvement Program (TIP)" is the transportation document which includes tide following <br />components: a priority list of projects and project phases; a list of projects proposed for [funding; a financial plan <br />demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and <br />project phases are consistent with applicable kcal government comprehensive plans adopted pursuant to Section <br />163.3161 etetsat., Florida Statutes; and an indication of how improvements are consistent, to the maximum extent <br />facilities, with affected seaport and airport master plans and with public transit development plaits of the units of local <br />government located within the boundaries of the MPO, all as required by 23 USC Section 134(h), 23 CFR Section <br />450.324, Section 339.175(7);, Florida Statutes. <br />-Unified planning Work Program (UPWP)" is the annual plan devetoped in cooperation with the DeparMttent <br />and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with <br />a complete description thereof and an estimated budget, all as required by 23 CFR Section 450.314,. and Section <br />334.175(8), Florida Statutes. <br />Pyo Y d 11 <br />