25-3490 Agreement with FDOT for Safety Improvements to SR 436

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Docusign Envelope ID: DD6419B1-D058-4328-B4A1-B466EB9BEA06 FPN: 450583-2-32-01 Page 2 of 12 have said Additional Improvements made a part of the Project and to provide funding to the DEPARTMENT to be used for the Additional Improvements as described in "Exhibit A". NOW, THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this Agreement, the parties agree as follows: 1. The term of this Agreement shall begin upon the date of signature of the last party to sign and shall remain in full force and effect through completion of all services required of the LOCAL GOVERNMENT. The DEPARTMENT may, at any time and at any stage, amend or terminate the Project as a whole or in part if the DEPARTMENT determines that such action is in the best interests of the public. To the extent that the DEPARTMENT shall amend or terminate the Project in whole, the DEPARTMENT agrees to refund any unused portion of the LOCAL GOVERNMENT funds within ninety (90) days. 2. The DEPARTMENT shall cause the Additional Improvements described in Exhibit "A" to be incorporated into the DEPARTMENT'S plans for the State Road 436 (from Lake Howell Road to the Orange County Line) project and to be designed as a part of said Project. This agreement shall be construed as an obligation of the LOCAL GOVERNMENT to fund the design of the additional improvements. Nothing in this agreement shall be construed as an obligation of the LOCAL GOVERNMENT to fund construction of the additional improvements. 3. The DEPARTMENT shall perform necessary preliminary engineering, prepare any and all design plans, acquire all necessary right-of-way, perform the construction, provide all necessary engineering supervision, and otherwise perform all other necessary work, all as may be applicable for the Project as previously defined. The Project as previously defined may include some or all of the foregoing activities. Nothing in this Agreement may be construed as requiring the DEPARTMENT to perform any activity which is outside the scope of the Project as previously defined. Except as specifically stated otherwise in this Agreement, all such activities shall be performed by such entities, at such times, in such manner, under such conditions, and pursuant to such standards as the DEPARTMENT, in its sole discretion, deems appropriate. The LOCAL GOVERNMENT shall not have any jurisdiction or control over the DEPARTMENT'S activities, except as specifically stated in this Agreement. The LOCAL GOVERNMENT shall be entitled to be advised of the progress of the Project at reasonable intervals upon request. Notwithstanding the foregoing, it is the intent of this Agreement that the parties will collaborate regarding the design of the Project. The DEPARTMENT will consider the input provided by the LOCAL GOVERNMENT during the design phase. However, the DEPARTMENT shall make all final decisions regarding the design plans. The parties recognize that the LOCAL GOVERNMENT shall solely provide funding for the Project, shall not be a party to the design