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AMENDED RIGHT OF WAY ACQUISITION <br />MEMORANDUM OF AGREEMENT <br />This is an Amended Memorandum of Agreement ("MOA") made and entered into this <br />day of , 2026, by and between the STATE OF FLORIDA DEPARTMENT OF <br />TRANSPORTATION, an agency of the State of Florida ('DEPARTMENT') and Indian River County, a <br />political subdivision of the state of Florida ("AGENCY"). <br />WITNESSETH: <br />WHEREAS, the DEPARTMENT is constructing a transportation project for the 82nd <br />Avenue project in Indian River County, Florida; County Road (CR) 619 from 26th St to 69" St, <br />as depicted in the attached Exhibit "A" and associated with FPID 230879-3, and <br />WHEREAS, the AGENCY will be the owner of specific portions of 82nd Avenue within the <br />project limits, the ("AGENCY FACILITY"); and <br />WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes, and <br />federal funding provisions, the DEPARTMENT is authorized to undertake projects within the <br />AGENCY's geographical limits; and <br />WHEREAS, the Project will involve the acquisition of various property interests along <br />the Project corridor; and <br />WHEREAS, the DEPARTMENT plans to construct the Project and conduct right of way <br />acquisition and related activities, including eminent domain proceedings, on the Project for and <br />on behalf of the AGENCY for the AGENCY FACILITY to prepare the Project for construction; <br />and <br />WHEREAS, the DEPARTMENT will conduct its right of way acquisition activities in <br />accordance with its right of way procedures and applicable federal acquisition requirements; and <br />WHEREAS, the parties agree that it is <br />cooperative effort between the DEPARTMENT <br />of the Project. <br />in the best interest of the public to promote a <br />and the AGENCY for the successful completion <br />WHEREAS, an original Memorandum of Understanding was approved by the Agency at <br />its regular board meeting on April 8, 2025; and <br />WHEREAS, it was subsequently noted that certain items requiring maintenance were <br />not addressed in the original Memorandum of Understanding, therefore necessitating an <br />amendment; and <br />WHEREAS, the maintenance requirements have been added to this amended MOA that <br />will supplant and take the place of the original MOA that was approved on April 8, 2025; and <br />NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged by the parties, this amended MOA sets forth and outlines the <br />following agreements between the DEPARTMENT and the AGENCY concerning the performance <br />of acquisition and maintenance activities by the AGENCY and the DEPARTMENT for the portion <br />of the AGENCY's Project: <br />The above recitals are true and correct and are incorporated herein by reference. <br />