2026-016 - Laserfiche WebLink

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2. Upon completion of its acquisition and construction activities for the Project, the DEPARTMENT will transfer and the AGENCY will accept acquired property rights along the AGENCY FACILITY, including excess property acquired by the DEPARTMENT on behalf of the AGENCY. 3. Said conveyance shall include, and the AGENCY fully accepts, a transfer and assignment of all rights and obligations pursuant to any maintenance agreement, utility agreement, subordination, and/or other agreements or matters of record relating to the property to be conveyed and the AGENCY shall assume all responsibilities and liabilities arising from any obligations thereunder which responsibilities, liabilities and obligations as set forth in the conveyance documents shall run with the land. Nothing in this provision shall be deemed a waiver of the AGENCY's Statutory Sovereign Immunity. This provision shall survive the termination of this amended MOA. 4. The limits of Right of Way Acquisition for AGENCY, as well as a third -party entity, Sebastian River Improvement District, included in this agreement are shown in Attachment A. This exhibit depicts lands to be owned or granted by easement, for both the AGENCY as well as Sebastian River Improvement District. 5. Notwithstanding any other provision herein to the contrary, the DEPARTMENT shall not be responsible for any costs or attorney fees arising out of any liabilities or obligations incurred regarding the right of way after the transfer of property. 6. Prior to and during construction of the Project by the DEPARTMENT, the AGENCY shall be responsible for the maintenance of all properties acquired for the AGENCY FACILITY by the DEPARTMENT, as depicted in Attachment A, keeping them in a safe condition. This includes responding to and addressing Code Enforcement violations and complaints from the public as well as any required mowing and litter removal during construction. 7. To the extent provided by law, the AGENCY shall indemnify, defend and hold harmless the DEPARTMENT and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the AGENCY, its agents or employees during acquisition and other related activities on the Project except that neither the AGENCY, its officers, agents or employees will be liable for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents or employees during the performance of acquisition and other related activities on the Project. Nothing in this provision shall be deemed to be a waiver of the AGENCY's Statutory Sovereign Immunity. 8. The Parties agree that this Agreement will be recorded in the Public Record. The DEPARTMENT will be responsible for recording this agreement. 9. Any and all notices given or required under this MOA shall be in writing and either hand - delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be directed as follows: As to the DEPARTMENT: James Hughes, P.E., Project Manager Florida Department of Transportation 3400 West Commercial Boulevard