Okaloosa County BOCC — August 16, 2016 — 433910-1 Bridge Replacement Agreement Okaloosa ROW Design only

OFF SYSTEM AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND OKALOOSA COUNTY This Agreement is between the State of Florida Department of Transportation (“DEPARTMENT”), and Okaloosa County, a political subdivision of the State of Florida (“COUNTY”). 1. Highway Bridge Replacement and Rehabilitation Program funds are available for the costs of the replacement, rehab, or inspection of bridges located off of the Federal-aid system under 23 CFR 650.413(c); and 2. Penny Creek Bridge, Bridge No. 574013, requires replacement; and 3. Penny Creek Bridge is on Steele Road located in Okaloosa County, Florida, a road not on the State Highway System; and 4. The parties agree that it is in the best interest of the State of Florida and the COUNTY for the DEPARTMENT, if necessary, to act for the COUNTY in the acquisition of the real property through voluntary acquisition and through the use of the power of eminent domain, if necessary, to complete this project, as authorized by Section 336.467, Florida Statutes; and 5. The parties agree that it is in the best interest of each party for the DEPARTMENT to undertake and to complete only the design and right-of-way acquisition elements necessary for the completion of this project; and 6. The parties agree that it is in the best interest of each party for the COUNTY to undertake and to complete all other elements of the project, including but not limited to, construction; construction inspection; utilities construction, reconstruction and relocation; and any other associated tasks, said tasks to be further governed by a separate Local Agency Program Agreement to be executed by the parties at a later date. NOW THEREFORE, in consideration of the mutual benefits to be derived by the terms of this Agreement, the parties hereby agree as follows: 7. The recitals in paragraphs 1-6 above are true and correct and are made a part of this Agreement. 8. Project No. 433910-1, generally described as the replacement of Bridge No. 574013 over Penny Creek, from Beginning CMP 0.194 to End CMP 0.336 on Steele Road (“PROJECT”). The PROJECT is further described in the Construction Plans dated June 24, 2016, including any revisions thereof as exist on file with the DEPARTMENT (“PLANS”). The PLANS are hereby incorporated by reference and made a part of this Agreement. Page 1 of 6  9. The parties agree that the DEPARTMENT shall undertake and complete only the design and right-of-way acquisition elements necessary for completion of the PROJECT (“DEPARTMENT’S DUTIES”), and the COUNTY shall undertake and complete all other elements of the PROJECT, including but not limited to, construction; construction inspection; utilities construction, reconstruction and relocation; and any other associated tasks (“COUNTY’S DUTIES”). It is understood between the parties that the COUNTY’S DUTIES shall be further governed by a separate Local Agency Program Agreement to be executed by the parties at a later date. 10. The COUNTY shall cooperate with and shall support the DEPARTMENT’s work efforts with respect to its tasks under this Agreement. The DEPARTMENT shall have final decision authority with respect to the design of the PROJECT and the design review process. 11. The COUNTY shall, through the passage of a formal resolution of the County Commission, consent to and authorize the DEPARTMENT for the COUNTY, if necessary, to take property (both real and personal) in the name of the COUNTY that is necessary in order to allow the COUNTY to perform the COUNTY’S DUTIES to complete the PROJECT. Said authority and action shall be deemed to include the DEPARTMENT’S use of the power of eminen