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A. PURPOSE OF THIS AGREEMENT: <br />This agreement documents the intent of the parties and sets forth the anticipated responsibilities <br />of each party in the development, construction, and continued maintenance of the subject <br />project. The purpose of the agreement is to identify and assign responsibilities for Project <br />Development, Contract Advertisement. and Construction Administration as appropriate for this <br />project, and to ensure continued maintenance of the facility for public use if improvements are <br />made. The parties understand that any final decision as to design or construction will not be <br />made until after the environmental analysis required under the National Environmental Policy <br />Act (NEPA) is completed (this does not prevent the parties from assigning proposed design <br />criteria to be studied in the NEPA process.) Any decision to proceed with the design and <br />construction of the project will depend on the availability of appropriations at the time of <br />obligation and other factors such as issues raised during the NEPA process, a natural disaster <br />that changes the need for the project, a change in Congressional direction, or other relevant <br />factors. <br />If Federal Lands Access Program (FLAP) funds are used for the development or construction <br />of this project, the County agrees to provide a matching share equal to 13.5% of the total <br />cost of the project. as detailed more fully in Section J below. When agency other than FHWA- <br />WFL will be expending FLAP funds, the parties agree to execute a separate obligating <br />document. No reimbursement will be made for expenses incurred prior to execution of the <br />obligating document. <br />B. AUTHORITY: <br />This Agreement is entered into between the signatory parties pursuant to the provisions of 23 <br />U.S.C.. 204. <br />C. JURISDICTION AND MAINTENANCE COMMITMENT: <br />County Maintaining or Owning Agency has jurisdictional authority to operate and maintain the <br />existing facility and will operate and maintain the completed project at its expense. <br />D. FEDERAL LAND MANAGEMENT AGENCY COORDINATION: <br />County Maintaining or Owning Agency has coordinated project development with the Federal <br />Land Management Agency. The Federal Land Management Agency support of the project is <br />documented in the Project Proposal by endorsing the proposal. <br />Each party to this agreement who has a primary role in NEPA, design or construction should <br />coordinate their activities with the Federal Land Management Agency. <br />WA Kiaitas (1)'Feanarray Road Hydraulic Improvernent- Amd -1 Page 3 of I I July 24, 2017 <br />