Okaloosa County BOCC — October 20, 2015 — Steele Road Bridge FDOT Off-System Agreement

Rev.: 05/15 FPID #.: 433910-1-52-01 COUNTY: Okaloosa FAP #.: 00B3 190 B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFF SYSTEM PROJECT AGREEMENT 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. Steele Road over Penny Creek, Bridge No. 574013, requires replacement; and 3. Steele Road over Penny Creek 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 all aspects of the bridge replacement work, including but not limited to the design, construction, construction inspection, utilities, permits, easements and other associated tasks. NOW THEREFORE, in consideration of the mutual benefits to be derived by the terms of this Agreement, the parties hereby agree as follows: 6. The recitals in paragraphs 1-5 above are true and correct and are made a part of this Agreement. 7. The parties agree that the DEPARTMENT shall undertake and complete Project No. FPID 433910-1-52-01, generally described as the replacement of Bridge No. 574013 Steele Road over Penny Creek (the “PROJECT”), from Beginning CMP 0.241 to End CMP 0.307 on Steele Road. The PROJECT is further described in the Construction Plans dated June 2015 Phase I (30%) submittal, including any revisions thereof as exist on file with the DEPARTMENT (the “PLANS”). The PLANS and any revisions thereof as exist on file with the DEPARTMENT are hereby incorporated by reference and made a part of this Agreement. The COUNTY shall cooperate with and shall support the DEPARTMENT’s work efforts in these regards. The DEPARTMENT shall have final decision authority with respect to the design of the PROJECT and the design review process. 8. 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) that is necessary to complete the PROJECT and, if Page 1 of 7 Rev.: 05/15 FPID #.: 433910-1-52-01 COUNTY: Okaloosa FAP #.: 00B3 190 B necessary, to further do all acts necessary, including securing all environmental and regulatory permits, easements, temporary construction easements and rights of entry associated with the PROJECT, in the name of the COUNTY. Said authority and action shall be deemed to include the DEPARTMENT’S use of the power of eminent domain to condemn the property necessary for the PROJECT and to exercise prudent engineering judgment in the design and construction of the PROJECT. The COUNTY shall be responsible to establish, in accordance with DEPARTMENT standards, final right of way survey monumentation.