Reso 2025-3795 - Laserfiche WebLink

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FM# 451053-1 Page 7 of 13 activities to the same or better condition than that which existed immediately prior to commencement of the construction of the Project. 10. Upon submission by the Department of a deed, with accompanying sketch and legal description, for the transfer to the City of any additional right-of-way acquired by the Department within the Off -System Project Limits, the City shall forthwith submit the same to its governing board or commission for approval and acceptance of such additional right-of-way. 11. This Agreement shall become effective as of the date both parties hereto have executed the Agreement. Prior to commencement of construction, the Department may in its sole discretion terminate this Agreement if it determines that it is in the best interest of the public to do so. If the Department elects to terminate this Agreement, the Department shall deliver formal notice of termination to the City, as set forth in paragraph 20 of this Agreement. 12. In the event that any election, referendum, approval, ratification, notice or other proceeding, or authorization is required to carry out the Project, the City agrees to expeditiously initiate and consummate, as provided by law, all actions necessary with respect to any such matters, with time being of the essence. 13. The Department may utilize federal funds to design and construct the Project. In the event that the Project shall be constructed using federal funds, all costs incurred must be in conformity with applicable federal and state laws, regulations, and policies and procedures. 14. The Department's performance and obligations under this Agreement are contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. 15. In the event that this Agreement is in excess of $25,000, and the Agreement has a term for a period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are hereby incorporated into this Agreement and are as follows: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during any such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of Rev. 10/24 7 101