O-2002-2562 Date Palms & Oleanders-SH 225 & Sens Rd exit Advance Funding Agreement

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'. . I e e STP 2002(147)TE GSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit G. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this Agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. This agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. 6. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notifying the appropriate utility company to schedule adjustments. . The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This may include, but is not limited to: 43 TAG ~15.55 relating to Construction Cost Participation; 43 TAG ~21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAG ~21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; or b. per all applicable statutes or rules. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all utilities needing to be . adjusted for completion of the construction activity have been adjusted 7. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of the Project. B. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. D. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. Page 5 of 32