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5(2 ,14t1- $b 20!0--vvi 6ff-OO4 . <br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 526010.10 <br /> COMMUNITY AESTHETIC FEATURE AGREEMENT ROADWAY DESIGN <br /> OGC•12/2 <br /> Pace 10(12 <br /> Section No. 87170001 CAFA No. 2016-0002 <br /> This Community Aesthetic Feature Agreement('Agreement")is entered into this-1 day of hl°''& V ,yoltb <br /> between the State of Florida, Department of Transportation('FDOT")and City of Sunny Isles Beach <br /> ("Agency"). FOOT and the Agency are sometimes referred to in this Agreement as a'Party"and collectively as the <br /> "Parties.' - <br /> RECITALS <br /> A. The Agency has requested permission from FDOT to install a [CHOOSE ONE:OPublic Art-Standalone, :Public <br /> Art-Add On/affixed,OLocal Identification Marker-Standalone,®Local Identification Marker-Add On/affixed) <br /> community aesthetic feature on that certain right-of-way owned by FOOT which is located at <br /> Westbound NE 163,d Street lust east of SR-A1A in Miami-Dade County,Florida("Project"). <br /> B. FOOT agrees that transportation facilities enhanced by community aesthetic features can benefit the public,result in <br /> positive economic development, and increase tourism both locally and throughout Florida. <br /> C. The Parties agree to the installation and maintenance of the Project,subject to the terms and conditions in this <br /> Agreement. <br /> AGREEMENT <br /> 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement("Effective <br /> Date")and continue through June 2045 ,which is determined as the lifespan of the Project,unless terminated at an <br /> earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within <br /> 1 year (365)days of the Effective Date of this Agreement,FDOT may immediately terminate this Agreement. <br /> This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing <br /> executed by both Parties to this Agreement. <br /> 2. PROJECT DESCRIPTION. The Project is a[CHOOSE ONE:OPublic Art-Standalone, ®Public Art- <br /> Add On/affixed, ['Local Identification Marker-Standalone,®Local Identification Marker-Add On/affixed],as more fully <br /> described in the plans in Exhibit"A",attached and incorporated In this Agreement. <br /> 3. -FUNDING-OF-THE PROJECT. The Agency has agreed by resolution to approve the Project and to <br /> fund all costs for the design,installation,and maintenance of the Project,and such resolution is attached and incorporated <br /> in this Agreement as Exhibit"Dy. FOOT shall not be responsible for any costs associated with the Project. All <br /> improvements funded,constructed,and installed by the Agency shall remain the Agency's property. However,this <br /> permissive use of FOOT'S right-of-way where the Project is located does not vest any property right,title,or interest in or <br /> to the Agency for FDOT's right-of-way. <br /> 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. <br /> a. The Agency is responsible for the design,construction,and maintenance of the Project in accordance • <br /> with all applicable federal,state and local statutes,rules and regulations,including FDOT standards and <br /> specifications. A professional engineer,registered in Florida,shall provide the certification that all design <br /> and construction for the Project meets the minimum construction standards established by FDOT and <br /> applicable Florida Building Code construction standards. The Agency shall submit all plans or related <br /> construction documents,cost estimates, project schedule,and applicable third party agreements to FOOT <br /> for review and approval prior to installation of the Project. The Agency is responsible for the preparation <br /> of all design plans for the Project,suitable for reproduction on 11 Inch by 17 inch sheets,together with a <br /> complete set of specifications covering all construction requirements for the Project. Six(6)copies of the <br /> design plans shall be provided to FDOT's District Design Engineer,at <br /> 1000 NW 111 Avenue,Room 6102-A, Miami,Florida 33172 . FDOT will review the plans for <br /> conformance to FDOT's requirements and feasibility.FDOT's review shall not be considered an adoption <br /> of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, <br /> FDOT signifies only that such plans and improvements satisfies FDOT's requirements, and FOOT <br /> SIB <br /> Exhibit "A" <br />