HomeMy WebLinkAboutItem 05 Approval of Right-of-Way Transfer Agreement and Continuing Maintenance Agreement between the Central Florida Expressway Authority (CFX) and the CityI lake I Y 4 �/
Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 17, 2019
Item # 5
QReviewed By:
Contact Name: Mike Rumer, City Planner Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Approval of Right -of -Way Transfer Agreement and Continuing Maintenance
Agreement Between the Central Florida Expressway Authority and the City.
Commission District #3 - Richard Firstner
Background Summary:
Ocoee Village is planning a gateway development into the City of Ocoee at SR429 and Franklin Street. In order
to access Ocoee Village from Franklin Street (also known as State Road 438) the developer must obtain a
driveway cut permit from the Florida Department of Transportation (FDOT). However, the frontage strip of
property between Ocoee Village and Franklin Street is owned by the Central Florida Expressway Authority (CFX)
by eminent domain and is used by CFX as a drainage easement.
CFX is not a permitting agency. Therefore, FDOT must issue a driveway cut permit; however, in order for FDOT
to issue a driveway cut permit, the property must be owned by the City. CFX is proposing to transfer the property
to the City of Ocoee via quit claim deed in return for the City to agree to maintain the use of the strip as a
drainage easement and to provide continuing future maintenance of the strip. The CFX jurisdictional transfer
agreement is included for City approval subject only to approval by CFX and City staff of the legal description for
the strip of property to be conveyed.
Issue:
Should the Mayor and City Commission approve the Right -of -Way Transfer Agreement and Continuing
Maintenance Agreement between the Central Florida Expressway Authority and the City and authorize the Mayor
and City Clerk to execute all documents incident to the transfer?
Recommendations:
Staff recommends that the Mayor and City Commission approve the Right of Way Transfer Agreement and
Continuing Maintenance Agreement between the Central Florida Expressway Authority and the City and
authorize the Mayor and City Clerk to execute all documents incident to the transfer.
Attachments:
Right -of -Way Transfer Agreement and Continuing Maintenance Agreement Between the Central Florida Expressway
Authority and the City
Location of Drainage Easement on Survey and Site Plan
Financial Impact:
The cost and responsibility for maintenance of the strip of property will be assumed by the City; however, the
City intends to pass this cost on to the developer.
Type of Item: (please mark with an `V)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
Dana Crosby -Collier
2
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
N/A
N/A
N/A
RIGHT-OF-WAY TRANSFER AGREEMENT AND
CONTINUING MAINTENANCE AGREEMENT BETWEEN
CENTRAL FLORIDA EXPRESSWAY AUTHORITY
AND CITY OF OCOEE, FLORIDA
(S.R. 429-602, Parcel 62-115/815)
THIS RIGHT-OF-WAY TRANSFER AND CONTINUING MAINTENANCE
AGREEMENT ("Agreement") is made and entered into on the last date of execution below by and
between the CENTRAL FLORIDA EXPRESSWAY AUTHORITY, a body corporate and an
agency of the State of Florida, created by Part III of Chapter 348, Florida Statutes, whose address
is 4974 ORL Tower Road, Orlando, Florida 32807 ("CFX") and CITY OF OCOEE, a municipality
of the State of Florida, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761
("City"). CFX and City are sometimes collectively referred to herein as the "Parties."
WITNESSETH:
WHEREAS, pursuant to section 348.753, Florida Statutes, CFX is empowered to construct,
improve, maintain, and operate the Central Florida Expressway System ("Expressway System")
and, in connection therewith, to construct any extensions, additions or improvements to said
system or appurtenant facilities, including all necessary approaches, roads, bridges and avenues of
access; and
WHEREAS, pursuant to Section 166.021, Florida Statutes, City is empowered to provide
and maintain arterial and other roads for the benefit of its citizens; and
WHEREAS, pursuant to Section 335.0415, Florida Statutes, "public roads may be
transferred between jurisdictions ... by mutual agreement;" and
WHEREAS, Section 163.01, Florida Statutes, authorizes both Parties to this Agreement to
enter into Interlocal Agreements; and
WHEREAS, in the course of the construction State Road (S.R.) 429, CFX acquired certain
land for the benefit of the state and local jurisdictions and constructed thereon certain roadways
and other improvements to insure a minimal disruption of traffic to the citizens and to provide for
a smooth transition to the Expressway System, thus making both the Expressway System and the
local road system compatible; and
WHEREAS, the a strip of property along State Road 438 a/k/a Franklin Street ("Strip")
and a drainage easement ("Drainage Easement") was acquired by eminent domain in the case
styled Orlando/Orange County Expressway Authority v. Fidelcor, Inc., Case No. Cl 98-1443,
Parcel Nos. 62-115/815 as finalized in the Stipulated Final Judgment recorded as Document
#1999-0540333 at O.R. Book 5903, Page 1210 and, as a result, any conveyance may still be subject
to the requirements of Section 73.013, Florida Statutes; and
WHEREAS, the City desires title to the strip of property along S.R. 438 and the drainage
easement to vest in City; and
V8.30.19
Project 429-602, Parcels 62-115/815
NOW THEREFORE, for and in consideration of the mutual agreements herein and other
good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby
expressly acknowledged, CFX and City agree as follows:
1. Recital. The above recitals are true and correct and form a material part of this
Agreement and are incorporated herein by reference.
2. Right of Way May. CFX previously delivered to City the pertinent right-of-way
map and Stipulated Final Judgment.
3. CFX Conveyance. CFX shall convey to City by Quit Claim Deed all of its right,
title and interest in and to the Strip and Drainage Easement, more particularly described in
Composite Exhibit "A" attached hereto and made a part hereof, collectively referred to the
"Property." The Quit Claim Deed to be executed and delivered under the provisions of this
paragraph shall be in a form substantially similar to Exhibit I'M"
4. Consideration. The consideration for the Property to be transferred to City shall be
City's continuing and future obligation to manage and maintain the Property.
5. Future and Continuing Maintenance. The Parties agree that it is necessary and
desirable to define with specificity the locations for future and continuing maintenance, and the
details of such maintenance responsibility. The future and continuing maintenance is applicable
to the following areas: 1. City/County road bridge over CFX Expressway; 2. CFX Expressway
bridge over City/County road; 3. Canals/waterways — City/County; 4. Canals/waterways — CFX;
5. Detention/retention pond and structures; 6. Utilities; and 7. Roadways.
6. Detailed Maintenance Functions. Exhibit "C" attached hereto and by reference
made a part hereof defines generically the areas of maintenance as outlined in paragraph 6 (1) —
(7) above and the party responsibility for each of the future and continuing maintenance specific
functions applicable to the area. The Parties agree that the maintenance functions outlined on
Exhibit "C" are necessary and properly and reasonably defined and that the responsibility given
to each of the Parties hereto to perform said functions is likewise necessary and properly and
reasonably defined.
7. Maintenance Responsibility. Exhibit "D" attached hereto and by reference made
a part hereof defines with specificity the locations for the continuing and future maintenance
responsibility assigned and accepted pursuant to this Agreement, the party responsible for such
maintenance and the exact maintenance item assigned to each party by reference to the paragraph
number and subparagraph letter to the Detailed Maintenance Functions outlined in Exhibit "C".
8. City Maintenance Responsibility. City does hereby agree to assume the future and
continuing maintenance responsibility as outlined on Exhibit "D" attached hereto and by
reference made a part hereof and to perform such maintenance in a timely, workmanlike manner.
Said maintenance responsibility shall commence as of the date of this Agreement.
2
Project 429-602, Parcels 62-115/815
9. Evidence of Title. At any time before Closing, City may, at its sole cost and
expense, order a commitment from an agent for a policy of Owner's Title Insurance (the
"Commitment") which shall be written on a title insurance company reasonably satisfactory and
acceptable to City.
10. Survey. Either party shall have the right, at any time before Closing, to have the
Property surveyed at its sole cost and expense (the "Survey").
11. Compliance with Section 73.013, Florida Statutes. City acknowledges that the
Property was acquired by eminent domain and may be subject to the provisions of Section 73.013,
Florida Statutes.
12. Closing Date and Location. The closing of the conveyance contemplated under this
Agreement (the "Closing") shall be held within twenty (20) of the Effective Date or such earlier
date selected by CFX.
13. Conveyance of Title. At the Closing, CFX shall execute and deliver to City the
aforementioned Quit Claim Deed.
14. FIRPTA Affidavit. At Closing, CFX shall sign a closing statement and an affidavit
that CFX is not a foreign person for purposes of the Foreign Investment in Real Property Tax Act
(FIRPTA), as revised by the Deficit Reduction Act of 1984 and as same may be amended from
time to time (which certificate shall include CFX's taxpayer identification numbers and address or
a withholding certificate from the Internal Revenue Service stating that CFX is exempt from
withholding tax on the Purchase Price under FIRPTA) and such other documents as are necessary
to complete the transaction.
15. Recording. City agrees to record the aforementioned Quit Claim Deed within thirty
(30) days after delivery of the original Deed to City at its cost. City agrees to deliver a certified
copy of the recorded Quit Claim Deed to CFX shortly thereafter.
16. As -Is Convey. The Property is being conveyed "AS IS, WHERE IS, WITH
ALL FAULTS," in such condition as the same may be on the closing date, without any
representations or warranties by the respective owner as to any condition of the Property,
including, without limitation, surface and subsurface environmental conditions, whether latent or
patent. CFX makes no guarantee, warranty or representation, express or implied, as to the quality,
character, or condition of the Property, or any part thereof, or to the fitness of the Property, or any
part thereof, for any use or purpose, or any representation as to the nonexistence of any hazardous
substances. Neither Party shall have any claim against the other, in law or in equity, based upon
the condition of the Property, or the failure of the Property to meet any standards. In no event
shall CFX be liable for any incidental, special, exemplary, or consequential damage. In the event
that any hazardous substances are discovered on, at or under the Property, City shall not maintain
any action or assert any claim against CFX, its successors and respective members, employees and
K
Project 429-602, Parcels 62-115/815
agents arising out of or relating to any such hazardous substances. The provisions of this Section
shall survive the Closing. (CFX Manual, Sec. 5-6.09) City has read and understands the provisions
of this Section and acknowledges and agrees that except as expressly set forth in this Agreement,
it is acquiring the Property described in paragraph 3 and Exhibit "A" "AS -IS, WHERE IS AND
WITH ALL FAULTS" and that CFX has disclaimed herein any and all warranties, express or
implied.
17. Notices. Any notices which may be permitted or required hereunder shall be in
writing and shall be deemed to have been duly given as of the date and time the same are personally
delivered or within three (3) days after depositing with the United States Postal Service, postage
prepaid by registered or certified mail, return receipt requested, or within one (1) day after
depositing with Federal Express or other overnight delivery service from which a receipt may be
obtained, and addressed as follows:
CFX: CENTRAL FLORIDA
EXPRESSWAY AUTHORITY
4974 ORL Tower Road
Orlando, Florida 32807
Attn: Executive Director
Telephone: (407) 690-5000
With a copy to: CENTRAL FLORIDA
EXPRESSWAY AUTHORITY
4974 ORL Tower Road
Orlando, Florida 32807
Attn: General Counsel
Telephone: (407) 690-5000
CITY: CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: Mayor
Telephone: (407)
With a copy to: CITY OF OCOEE
Attention: City Attorney
Telephone:
or to such other address as either party hereto shall from time to time designate to the other party
by notice in writing as herein provided.
18. General Provisions. No failure of either party to exercise any power given
hereunder or to insist upon strict compliance with any obligation specified herein, and no custom
2
Project 429-602, Parcels 62-115/815
or practice at variance with the terms hereof, shall constitute a waiver of either party's right to
demand exact compliance with the terms hereof. This Agreement contains the entire agreement of
the Parties hereto, and no representations, inducements, promises or agreements, oral or otherwise,
between the Parties not embodied herein shall be of any force or effect. Any amendment to this
Agreement shall not be binding upon any of the Parties hereto unless such amendment is in writing
and executed by both Parties. Wherever under the terms and provisions of this Agreement the time
for performance falls upon a Saturday, Sunday, or Legal Holiday, such time for performance shall
be extended to the next business day. This Agreement may be executed in multiple counterparts,
each of which shall constitute an original, but all of which taken together shall constitute one and
the same agreement. The headings inserted at the beginning of each paragraph of this Agreement
are for convenience only, and do not add to or subtract from the meaning of the contents of each
paragraph. City and CFX do hereby covenant and agree that such documents as may be legally
necessary or otherwise appropriate to carry out the terms of this Agreement shall be executed and
delivered by each party at Closing. This Agreement shall be interpreted under the laws of the State
of Florida. The Parties hereto agree that the exclusive venue and jurisdiction for any legal action
authorized hereunder shall be in the courts of Orange County, Florida. TIME IS OF THE
ESSENCE OF THIS AGREEMENT AND EACH AND EVERY PROVISION HEREOF.
19. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties hereto and their successors and assigns.
20. Survival of Provisions. All covenants, representations and warranties set forth in
this Agreement shall survive the Closing and shall survive the execution or delivery of any and all
deeds and other documents at any time executed or delivered under, pursuant to or by reason of
this Agreement, and shall survive the payment of all monies made under, pursuant to or by reason
of this Agreement.
21. Severability. This Agreement is intended to be performed in accordance with, and
only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any
provision of this Agreement or the application thereof to any person or circumstance shall, for any
reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the
application of such provision to other persons or circumstances shall not be affected thereby but
rather shall be enforced to the greatest extent permitted by law.
22. Temporary Construction Easement and Right of Entry for S.R. 429 Ramp
Improvements Project. CFX, its employees, agents, engineers, contractors, assigns and other
representatives, a non-exclusive irrevocable right and license to enter upon, over, under, and
through the Property as may be necessary or desirable for the following activities:
The right of entry shall commence upon the date hereof and terminate upon completion of the
above described work.
Project 429-602, Parcels 62-115/815
23. Effective Date. The effective date of this Agreement shall be the date the last of
the following has occurred, each of which is a condition precedent:
a. Approval by the City and execution by its Mayor or another duly authorized
City official;
b. Approval by the CFX Board and execution by its Chairman or another duly
authorized City official;
c. The occurrence of the requirements of CFX's Property Acquisition, Disposition
and Permitting Procedures Manual including CFX's receipt of a certificate from
its Consulting Engineer stating that the conveyance of the Property will not
impede or restrict the operation by CFX of its System as is required by Section
5.4 of the Master Bond Resolution; and
d. The conveyance of the limited -access rights by the owner of the property
adjacent to the Property as depicted in Exhibit "E".
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
in a manner and form sufficient to bind them on the date set forth herein below.
ATTEST:
City Clerk
CITY OF OCOEE, FLORIDA
By: City Commission
Date:
Cel
MAYOR
Project 429-602, Parcels 62-115/815
ATTEST:
Regla ("Mimi") Lamaute
Recording Clerk
CENTRAL FLORIDA EXPRESSWAY
AUTHORITY
I�
CHAIRMAN JAY MADARA
Date:
APPROVED AS TO FORM FOR
RELIANCE BY CFX ONLY
L8.2
7
General Counsel
Project 429-602, Parcels 62-115/815
EXHIBITS
A. Legal Description of the Property
B. Quit Claim Deed
C. Detailed Maintenance Functions
D. Maintenance Responsibility
E. Limited -Access Rights to be Conveyed to CFX
8
Project 429-602, Parcels 62-115/815
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Project 429-602, Parcels 62-115/815
EXHIBIT "B"
QUIT CLAIM DEED
10
Project 429-602, Parcels 62-115/815
Prepared By:
Linda S. Brehmer Lanosa, Deputy General Counsel
Central Florida Expressway Authority
4974 ORL Tower Road
Orlando, FL 32807
Wekiva Parkway Project 429-202
Parcels 122, 123, 135 (Joshua Ridge Lane)
This deed is exempt from Florida documentary stamp tax under Department of Revenue Rules
12B -4.002(4)(a), 12B-4.014(10), F.A.C., and Section 201.02(6), Florida Statutes.
QUIT CLAIM DEED WITH RESERVATIONS
THIS QUIT CLAIM DEED, dated as of the date of execution below, by CENTRAL
FLORIDA EXPRESSWAY AUTHORITY, a body corporate and an agency of the State of
Florida, created by Part III of Chapter 348, Florida Statutes, whose address is 4974 ORL Tower
Road, Orlando, Florida 32807 ("GRANTOR") and the CITY OF OCOEE, a municipality of the
State of Florida, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761 ("City" or
"GRANTEE").
WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and
other valuable considerations, the receipt of whereof is hereby acknowledged, does hereby remise,
release, and forever quit -claim unto the said GRANTEE, all the right, title, interest, claim, and
demand which the GRANTOR has in and to the following described lots, pieces, or parcels of
land, situate, lying and being in the county of Orange, state of Florida, to -wit:
SEE ATTACHED COMPOSITE EXHIBIT "1"
Property Appraiser's Parcel Identification Number:
Not Assigned
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining and all the estate, right, title, interest, lien, equity,
11
Project 429-602, Parcels 62-115/815
and claim whatsoever of the GRANTOR, either in law or equity, to the only proper use, benefit,
and behoove of the GRANTEE forever.
SUBJECT TO the covenants, conditions, restrictions, reservations, and easements which
are set forth below:
a) GRANTEE expressly agrees for itself, and its successors and assigns, to prevent any
use of the hereinafter described real property which would interfere with S.R. 429 or
otherwise constitute a hazard for S.R. 429 or any related system or structure.
b) GRANTEE acknowledges that the Property was acquired via eminent domain and is
subject to Section 73.013, Florida Statutes.
c) GRANTEE expressly agree for themselves, their successors and assigns that if the
GRANTEE no longer uses the property (or any part thereof) for public right-of-way
purposes, then all right, title, and interest to the Property that is not used for public
right-of-way purposes shall automatically revert back to CFX at CFX's option and at
no cost to CFX. The conveyance provided herein is made by a governmental entity to
a governmental entity and therefore excepted from the provisions of Section 689.19,
Florida Statutes, and excluded from the application of the statutory rules against
perpetuities as set forth in Section 689.225(2), Florida Statutes.
d) GRANTEE acknowledges and agrees that as of the date of the acceptance of this deed,
GRANTEE hereby remises, releases, acquits, satisfies, and forever discharges
GRANTOR, of and from all, and all manner of action and actions, cause and causes of
action, suits, sums of money, covenants, contracts, controversies, agreements,
promises, trespasses, damages, judgments, claims and demands whatsoever, in law or
in equity, which GRANTEE ever had, then have, or which any personal representative,
successor, heir or assign of GRANTEE, thereafter can, shall or may have, against
GRANTOR, for, upon or by reason of any matter, cause or thing whatsoever, arising
out of or in any way connected with the Property or GRANTOR's conveyance of the
Property, both before and after the date of this instrument.
IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be signed in
its name by its duly authorized representative.
[ SIGNATURES TO FOLLOW J
12
Signed, sealed, and delivered 66CFX"
in the presence of:
CENTRAL FLORIDA EXPRESSWAY
AUTHORITY
First Witness:
Signature
Print Name
Second Witness:
ATTEST:
Regla ("Mimi") Lamaute
Recording Clerk
CHAIRMAN
Date:
APPROVED AS TO FORM FOR
EXECUTION BY CFX ONLY
General Counsel
STATUTORY SHORT FORM OF ACKNOWLEDGMENT PER 5 695.25, FLA. STAT.
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
201 , by , as Chairman of the Central Florida Expressway
Authority, on behalf of the Central Florida Expressway Authority, who is personally known to
me OR produced as identification.
Signature:
v.3.13.19
NOTARY PUBLIC
Signature of Notary Public - State of Florida
Print, Type or Stamp Commissioned Name of Notary Public
EXHIBIT "C"
DETAILED MAINTENANCE FUNCTIONS
1. Local Road Bridge over CFX Expressway System
a) CFX Responsibility
i) Bridge structure per se, including bridge deck and approach slabs
ii) Ramp pavement to intersection with Local Road edge of pavement
iii) Reinforced Earth/Retaining Walls and associated embankment within CFX right-of-
way
iv) Bridge underdeck and ramp lighting
v) Drainage structures and pipe from CFX right-of-way to either CFX or Local
Road ponds
vi) Ramp maintenance to Local Road edge of pavement
b) Local Agency Responsibility
i) Local Road maintenance up to bridge approach slabs
ii) Embankment/sideslopes to CFX limited -access ("L/A") right-of-way fence
iii) Signalization, guard rails, jurisdictional signage and bridge lighting above deck, if
applicable
iv) Non- CFX Utilities facilities within CFX right-of-way
v) Local Road drainage structures and systems to CFX or Local Road ponds
vi) Cleaning/sweeping, pavement markings for Local Roads and sidewalks, if applicable.
2. CFX Expressway Bridge over Local Road
a) CFX Responsibility
i) Bridge structure per se, including bridge deck and approach slabs
ii) Ramp pavement to intersection with Local Road edge of pavement
iii) Reinforced Earth/Retaining Walls and associated embankment within CFX right-of-
way
iv) Bridge underdeck and ramp lighting
v) Drainage structures and pipe from CFX right-of-way to either CFX or Local
Road ponds
vi) Ramp maintenance to Local Road edge of pavement
b) Local Agency Responsibility
i) Local Road maintenance
ii) Local Road within Local right-of-way, including pavement, pavement markings,
sidewalks, lighting, and other improvements on or under the Local Road up to CFX's
L/A right-of-way line, retaining wall or fence
iii) Embankment/sideslopes to CFX L/A right-of-way fence
iv) Signalization, guard rails, jurisdictional signage and Local Road lighting
v) Non- CFX Utilities facilities within Local Road right-of-way
vi) Local Road drainage structures and systems to CFX or Local Road retention area
Right of Way Transfer Agreement, Page 14 of 17
vii) Cleaning/sweeping, pavement markings for Local Roads and sidewalks, if applicable.
3. Canals/Waterways originating or extending beyond CFX right-of-way.
a) CFX Responsibility
i) Structural integrity of headwalls and structure within CFX right-of-way
ii) Bridge structure per se, including bridge deck and approach slabs
iii) Rip -rap
b) Local Agency Responsibility
i) Canal and banks beyond head walls within Local Agency right-of-way
ii) Open flow channel under CFX
4. Canals/Waterways within CFX Right -of -Way
a) CFX Responsibility
i) Bridge structure per se, including bridge deck and approach slabs
ii) Waterway/channel within CFX right-of-way
iii) Rip -rap
b) Local Agency Responsibility: None
5. Detention/Retention Ponds and Structures
a) CFX Responsibility
i) CFX assigned ponds and CFX drainage structures within L/A right-of-way handling
CFX water
ii) Drainage structures and systems in CFX right-of-way conveying water across
Expressway
b) Local Agency Responsibility
i) Local Agency assigned ponds and Local Agency drainage structures and systems
handling Local Road water
ii) Drainage structures in Local Road right-of-way feeding into CFX ponds/right-of-way
6. Utilities
a) CFX Responsibility: None
b) Local Agency Responsibility: Water and wastewater mains in CFX L/A right-of-way
c) General: Non- CFX utilities in public or L/A right-of-way are the responsibility of the
utility company
7. Roadways
a) CFX Responsibility: All facilities within CFX L/A right-of-way, except as noted.
b) Local Agency Responsibility: All facilities within Local Road right-of-way, except as
noted.
Right of Way Transfer Agreement, Page 15 of 17
EXHIBIT "D"
MAINTENANCE RESPONSIBILITY
(See Exhibit "C" for the Detail Maintenance Functions)
Location City CFX
Responsibility Responsibility
S.R. 438 a/k/a Franklin 7b
Drainage Easement 62-815 5b --
Right of Way Transfer Agreement, Page 16 of 17
EXHIBIT "E"
LIMITED -ACCESS RIGHTS TO BE CONVEYED TO CFX
Right of Way Transfer Agreement, Page 17 of 17
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Calculations 312M209
Bldg
Tenant
Building
Area
OF
Race
Perrino
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R Wo I
(I1X
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If
P£
Seen
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Provided
1
Restaurant War
4
Date- as -al :e
F
56
69
1 Restaurant FF 4
1 Office- Im Fleor 3000 333 90
90
30.0
30.0
1 Retell EA Flow 6300 313 189
1 Olfice-2ndi 9.300 333 27.9
2
RcciaNce-Regr,al
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p
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4
56
1, -
70
2 Recieurel 4
2 Retail 313
40
30
2 Retell 101 Flaw 9300 333 ". -- 27C9 2].9
_
2 OFce 2nd near 9.300 333 279
3
Re5Eau1.ORe War
4
75
85
3 ReSleulant-FF 4
3 RaWl 333
46
391
3 Retail -151 Flow1531 333 376
3 OBlce-2Dd Reer 12.531 333 37.6
4
ReslnauDAa-Re War
4
iB
84
4 Resiferen4FF 4
4 Relall 333
44
40
_ _
4 Relall -let Flow 13,096 333 39.1
4 Once -2nd Flmr 13,008 333 39.1
Master SiteII
Plan
7
Revisions
I sms ary [emmmn
I tle /m41 m:
I Ph^. not wlid RIa-8lgued,
I Doled Fvd Sfnlat below.
4 trial
88.278 265.1
308
a III I
i
J. Bdnn Deal®, P.H.
Date- as -al :e
F
PLBegfetetlon#58008
L I
C¢1i5mb aPA¢Worimtion lF29666
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W-41 H
l T'
Y
GRAPHIC SCALE
D D 60
1 inch = 30 ft.
Sheet Number
5A of 14