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FM# <br />Page 1 of 13 <br />OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT <br />Between <br />STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION <br />DEPARTMENT") <br />and <br />SUNNY ISLES BEACH, A CITY <br />CITY") <br />THIS AGREEMENT is made and entered into as of April 2025, by and through the STATE OF <br />FLORIDA, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida (the <br />Department"), and City, a municipal corporation of the State of Florida (the "DEPARTMENT and the <br />CITY"), collectively referred to as the "Parties." <br />RECITALS <br />A. Upon approval of the Department's Work Program by the State of Florida Legislature, <br />and adoption by the Department Secretary, the Department shall complete the various projects included <br />in the Department Work Program; and <br />B. Included in the Department Work Program is Project Number FM# 430029-2-52-01, <br />Atlantic Isle at West of SR AlA (Bridge# 874218) [Project Limits: MP 0.094 — MP 0.3411 (the <br />Project"). A portion of the Project includes work on Atlantic Ave, in City of Sunny Isles Beach, Florida, <br />a road not on the State Highway System; and <br />C. The City is the holder of ownership rights to Atlantic Isles and Atlantic Ave, a road not <br />on the State Highway System; and <br />D. The Parties agree that it is in the best interest of each party for the Department to <br />undertake and to complete all aspects of the Project, including but not limited to, the design, construction, <br />construction inspection, maintenance during and after construction, utilities, easements, and other <br />associated tasks; and <br />E. The Parties further agree that it is in the best interest of each party to enter into this <br />Agreement in order to allow the Department to construct and complete the Project. <br />Rev. 10/24 1 <br />334 <br />Docusign Envelope ID: 2F7CF222-63FB-4C7F-AE4C-0B8E05F97D6F