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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />WHEREAS, the AGENCY by its Resolution passed on the day of , 20_, <br />a copy of which is attached hereto as Exhibit B and by this reference made a part hereof, desires to <br />enter into 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 any additional costs for the Project that are determined <br />to be Federal Aid Non -Participating. <br />3. The AGENCY hereby grants the DEPARTMENT and its contractors with all the rights and <br />permissions necessary to enter and construct the Project on the AGENCY's right of way and/or <br />property to which the AGENCY has such authority, no further requirements to construct the <br />Project. <br />4. No additional right of way is required for the Project. The Project will be completed within the <br />AGENCY'S existing right of way. <br />5. Environmental Permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint <br />applicant and be responsible for the permits related to the Project. Further the AGENCY shall be <br />solely responsible for ensuring that the Project remains in compliance with all permits after the <br />construction is complete. To the extent and within the limits permitted by law, the AGENCY shall <br />indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the <br />DEPARTMENT or jointly to the AGENCY and the DEPARTMENT after construction is complete. The <br />AGENCY shall execute all documentation required by the permitting agencies in a timely manner <br />concerning the Project. The AGENCY shall be the applicant for any and all occupancy permits that <br />are required for the Project, if any. <br />6. 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 />7. The Department shall give the AGENCY seven (7) days' notice before final inspection. The AGENCY <br />will have the opportunity to inspect and identify corrections to the Project within seven (7) days' <br />notice and the DEPARTMENT agrees to undertake those corrections prior to final acceptance so <br />long as the corrections comply with the Final Proposed Construction plans and specifications <br />previously approved by both the DEPARTMENT and the AGENCY. <br />8. 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 FY2025-2026 as <br />amended), and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own <br />cost, in accordance with the following Federally and State accepted standards: (a) FDOT Design <br />-2- <br />