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Docusign Envelope ID: D7CFD754-749F-43D6-AC28-6lC37FCDEAF6
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />STATE HIGHWAY LIGHTING, MAINTENANCE, AND
<br />COMPENSATION AGREEMENT
<br />CONTRACT NO.
<br />FINANCIAL PROJECT NO.
<br />F.E.I.D. NO.
<br />07/29/2025 12:22 PM EDT
<br />ASM78
<br />405122-2-78-64
<br />F596000673026
<br />375-020-52
<br />MAINTENANCE
<br />OGC— 02/21
<br />Pagel of 8
<br />THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA
<br />DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "FDOT", and Indian River County, hereinafter referred
<br />to as the "MAINTAINING AGENCY';
<br />WITNESSETH:
<br />WHEREAS, FDOT is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this
<br />Agreement, and the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the
<br />maintenance and operation of lighting on the State Highway System; and
<br />WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this
<br />Agreement;
<br />WHEREAS, FDOT has identified sites where lighting and/or lighting systems, hereinafter referred to as "Facilities",
<br />are located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY. A list of the
<br />Facilities is included as Exhibit A, attached hereto and incorporated herein.
<br />WHEREAS, the MAINTAINING AGENCY agrees to maintain the Facilities as further set forth herein.
<br />NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, FDOT and the
<br />MAINTAINING AGENCY hereby agree as follows:
<br />7. Maintenance of Facilities
<br />a. The MAINTAINING AGENCY shall maintain the Facilities listed in Exhibit A. The Facilities may include
<br />lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or
<br />Iocated on the property of FDOT. The Facilities shall not include lighting located in weigh stations, rest
<br />areas, or on Interstate highways.
<br />The location and type of lighting to be maintained pursuant to this Agreement is set forth in Exhibit A. Any
<br />changes or modifications to Exhibit A must be in writing and signed by both FDOT and the MAINTAINING
<br />AGENCY. Any Facilities added to Exhibit A during the FDOT's fiscal year shall be maintained and operated
<br />by the MAINTAINING AGENCY upon the FDOT's final acceptance of installation of any new Iighting and/or
<br />lighting systems. Prior to the start of each new fiscal year, the MAINTAINING AGENCY and FDOT shall
<br />amend Exhibit A to reflect any changes to the Facilities, including addition, removal, or change in lighting
<br />type maintained pursuant to this Agreement.
<br />The MAINTAINING AGENCY will be compensated for Facilities added to Exhibit A by amendment of this
<br />Agreement in the FDOT's fiscal year occurring after the lighting and/or lighting systems are installed and
<br />final acceptance of such installation is given by FDOT. In the event that no change is made to the previous
<br />year's Exhibit A, a certification from the MAINTAINING AGENCY shall be provided to FDOT certifying that
<br />no change has been made to Exhibit A during FDOT's previous fiscal year. Unless stated otherwise, all
<br />references to fiscal years within this agreement refer to FDOT's fiscal year, beginning July 1 st and ending
<br />June 30th.
<br />b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the
<br />Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting
<br />type (e.g., high mast, standard, underdeck, and sign) or roadway system at all times in accordance with the
<br />original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage,
<br />or acts of nature. Required maintenance includes, but is not limited to, providing electrical power and
<br />paying all charges associated therewith, routine inspection and testing, preventative maintenance,
<br />emergency maintenance, replacement of any component parts of the Facilities (including the poles and any
<br />and all other component parts installed as part of the Facilities), and locating (both vertically and
<br />horizontally) the Facilities. All repairs or replacement will be'in kind unless a variance is approved in writing
<br />by FDOT. .4
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