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FM# 451053-1 <br />Page 4 of 13 <br />implementation of the same. It is specifically understood and agreed that any such changes during <br />construction shall not delay nor affect the timely construction schedule of the Project. <br />4. The City agrees to fully cooperate with the Department in the construction, reconstruction and <br />relocation of utilities that are located within the City's right-of-way, within the Off -System <br />Project Limits. The utility relocations, if any, which may be required by the Department for <br />purposes of the Project, shall be done in accordance with the Department's guidelines, standards <br />and procedures. The Department shall submit the proposed utility relocation schedule to the City. <br />Utility relocations, if any, shall be done in accordance with the provisions of Chapter 337, F. S. <br />Additionally, the City agrees to fully cooperate with the Department in the removal of any <br />encroachments or permitted improvements, and in the modification of any driveway connections, <br />located within the City's right-of-way, within the Off -System Project Limits, that are in conflict <br />with the Project, and the City hereby authorizes the Department to take any legal action necessary <br />to effectuate the removal of any such conflicting encroachments or permitted improvements, and <br />to effectuate the modification of any such driveway connections. <br />The Department shall coordinate with the City for said removals or modifications, at no cost to <br />the City. <br />5. The City agrees to perpetually maintain the Local Roadway Improvements. To maintain means <br />to perform normal maintenance operations for the preservation of the Local Roadway <br />Improvements, which shall include but is not limited to, roadway surfaces, shoulders, roadside <br />structures, drainage, signing and pavement markers, lighting, and such traffic control devices as <br />are necessary for the safe and efficient use of the Local Roadway Improvements. <br />Additionally, the Parties understand and agree that the Department shall transfer any permit(s) <br />required for the construction of the Local Roadway Improvements, if any, to the City as the <br />operational maintenance entity, and the City agrees to accept said transfer and to be fully <br />responsible to comply with all operational and maintenance conditions of the permit(s), at its sole <br />cost and expense. <br />Notwithstanding the requirements hereof, maintenance during construction shall be the <br />responsibility of the Department and its Contractor, as set forth in paragraph 9 of this Agreement. <br />6. The Parties acknowledge and agree that the City's right-of-way and the improvements and <br />structures located within the City's right-of-way, are and will remain under the ownership of the <br />Rev. 10/24 <br />4 <br />98 <br />