HomeMy WebLinkAbout11.d EDB Temporary License Agreement for Due Diligence - CCUA. Reinhold. EW Parkway EXECUTIVE SUMMARY
AGENDA ITEM:
Request for consideration and approval of a Temporary License Agreement for Due Diligence between
Reinhold Corporation (Reinhold) and Clay County Utility Authority (CCUA) associated with Peters
Creek pipeline interconnect to Governors Park(East/West Segment).
Project No. 2211-0042
Date: April 9, 2024
BACKGROUND:
CCUA staff requests approval of a Temporary License Agreement for Due Diligence with Reinhold
associated with the Peters Creek pipeline interconnect to Governors Park(East/West Segment).
The staff is working with Mr. Glenn Taylor, an Attorney at Law, to finalize the title work to close the
sale of the easements approved by the Board at the March 5, 2024, board meeting. These easements
will be the location of the pipeline mains for the Peters Creek project. Staff believes the timeline for
completing the remaining title work and closing to secure the easements maybe 2 to 4 weeks. CCUA's
contractor, Wharton-Smith,has requested permission to begin clearing and grubbing this area because
of the work sequencing of their clearing subcontractor.
Staff worked collaboratively with the current landowner, Reinhold Corporation, on the attached
agreement, which provides consent from Reinhold to CCUA's Contractor to access the areas shown
in the attached map to clear the proposed easement areas. This is intended as a temporary agreement
until the title work is complete and the easements are secured.
RECOMMENDATION:
Staff respectfully request that the Board of Supervisors approve the attached Temporary License
Agreement for Due Diligence between Reinhold and CCUA.
ATTACHMENTS:
1. Temporary License Agreement for Due Diligence
2. Area Map
//MB (Author)
//AA PS (Review)
//PS (Final)
TEMPORARY LICENSE AGREEMENT FOR DUE DILIGENCE
THIS TEMPORARY LICENSE AGREEMENT FOR DUE DILIGENCE (this "Agreement") is
made this day of 2024 (the "Effective Date"), by and between REINHOLD
CORPORATION,a Florida corporation,with an address of 1845 Town Center Blvd., Suite 105,Fleming Island,
FL 32003, Attn: George M. Egan & Liam O'Reilly ("Licensor"), and CLAY COUNTY UTILITY
AUTHORITY,with an address of 3176 Old Jennings Road,Middleburg,Florida 32076 ("Licensee").
WHEREAS, during the Term (as defined below) of this Agreement, as extended as set forth herein,
Licensee desires to use on a temporary basis that certain area of real property depicted on Exhibit A(the"License
Area")in connection with Licensee's purpose of surveying,clearing and grading certain easements to be granted
to Licensee by Licensor(the"Easements")along a potential new roadway which may be constructed and dedicated
within the License Area; and
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged,Licensee hereby agrees to the following:
1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein
by reference.
2. License and Term. Subject to the terms and conditions hereof, Licensor hereby grants to
Licensee, a non-exclusive, revocable, temporary license to use the License Area for the sole purpose of the
Permitted Use (as defined below) (the "License"). The License granted herein shall become effective as of the
Effective Date, and,unless otherwise sooner terminated pursuant to the terms hereof, shall continue in full force
and effect until the ninetieth (90th) day after the Effective Date (the "Term") at which point this License shall
terminated automatically, or otherwise extended by mutual written agreement of Licensor and Licensee.
Notwithstanding anything to the contrary contained herein, Licensor may terminate this Agreement, and the
License granted herein, effective immediately upon Licensor delivering written notice of such termination to
Licensee.
3. Use.
a. The License Area may only be used by Licensee for the purposes of(i) access to and from the
Easements, (ii) staging of materials necessary for Licensee's due diligence work related to the
Easements,(iii)due diligence work related to the Easement,including,but not limited to surveying,
clearing and grading the areas for the Easements, and for no other purpose(the"Permitted Use").
b. The Permitted Use shall not include Licensee's use of the License Area in any manner that creates
unusual demands or impacts upon the License Area,or increases any insurance premiums,or makes
such insurance unavailable to Licensor on the License Area.
c. Licensee agrees that Florida Power and Light Company, Clay Electric Cooperative, Vallencourt
Construction Co., Inc., Sandridge Cattle Co. LLC and any other party that Licensor has granted, or
may grant, an easement or license to in the License Area (the "Easement Grantees"), shall have
access to the License Area for the purposes of said easement, and shall have the right to access the
License Area at any time pursuant to said easement.
d. Notwithstanding anything contained in this Agreement to the contrary,Licensee(i)shall,at all times,
comply with Licensor's reasonable rules and regulations governing the License Area,with such rules
and regulations being subject to amendment by Licensor from time to time,and(ii) shall not use the
License Area in violation of any restrictive covenant, or other matters of record, encumbering the
License Area.
1
e. Licensee acknowledges that Licensor is making the License Area available to Licensee in its current
"as-is"condition,and Licensee agrees to accept the License Area in its then current"as-is"condition
as of the Effective Date. Licensee acknowledges and agrees that it is Licensee's sole responsibility
to determine if the License Area is usable for the Permitted Use, and that Licensor shall have no
responsibility whatsoever for same.
4. Assumption of Risk. All personal property brought into the License Area shall be at the risk of
the Licensee only, and Licensor shall not be liable for any theft thereof or any damage thereto.
5. Maintenance.
a. Licensee shall, at its sole cost and expense, and at all times during the Term of this Agreement,
maintain the License Area in good order and condition, and in a clean, neat, safe and sanitary
condition. Licensee shall repair all damage or impairment to the License Area that occurs during
the Term of this Agreement. Upon the expiration or earlier termination of this Agreement and,
Licensee shall restore the License Area to the condition such License Area existed in as of the
Effective Date.
b. Licensee shall remove any materials or personal property from the License Area within thirty(30)
days of expiration or earlier termination of this Agreement unless Licensor requests in writing
that Licensee to leave such improvements in place.
6. Release and Indemnity. Licensee shall exercise its privileges herein at its sole risk and agrees,
to the extent permitted by law and not to exceed the limitations set forth in Section 768.28, Florida Statutes, if
applicable, to indemnify, defend, and hold harmless, Licensor and its affiliates, lender, and each of their
employees, agents, officers and directors (collectively the "Indemnified Parties"), from and against any actions,
lawsuits, claims, demands, fines, losses, liabilities, assertions of liability,judgments, attorneys' fees, permitting
costs, consultant costs,remediation, costs and expenses whatsoever which in any manner may arise or be alleged
to have arisen or resulted or alleged to have resulted from the presence, activities, events, and omissions of any
nature,whatsoever of Licensee and its affiliates,lender,and each of their employees,agents,officers and directors,
including but not limited to (i) claims for bodily injury or death of any person, (ii) claims for loss or damage to
property,including without limitation, any release of materials into adjacent jurisdictional wetlands, and(iii) any
claim regarding any defect in design or maintenance of any road, located within the License Area, regardless of
whether the foregoing claims in items (i)-(iii) are in law or in equity and regardless of whether the same are
brought against the Indemnified Parties now or in the future. Except for causes of action, damages, liabilities,
costs, expenses and claims and demands of whatsoever kind or nature (including legal expenses) caused by
Licensor's negligence or willful misconduct, for which there shall be no release,Licensee, on behalf of itself and
its affiliates,lender, and each of their employees,agents,officers and directors(collectively,the"Releasors"),do
hereby release, acquit and forever discharge the Indemnified Parties,including Licensor, its affiliates, and lender,
and each of their employees,agents,officers,agents,officers and directors(the"Releasees"),of and from any and
all known and unknown causes of action, damages, liabilities, costs, expenses and claims and demands of
whatsoever kind or nature (including legal expenses) which Releasors now have or may ever have against
Releasees on account of any and all known and unknown present or future injuries,losses and damages sustained
or received or which may be sustained by Releasors or the property of Releasors occurring on, at or about the
License Area. The provisions of this Section shall survive termination or expiration of this Agreement for a period
of two(2)years.
7. The provisions of this Section shall survive termination or expiration of this Agreement for a
period of two(2)years.
8. Insurance. Licensee agrees that Licensee, and such of its third party contractors and
subcontractors who shall conduct activities on the Property (each, a "Contractor"), (i) prior to entry on to the
License Area and throughout the Term of this Agreement(and any other period when Licensee is on the License
Area), carry, maintain and provide Licensor evidence of, at Licensee's sole cost and expense, and(ii) cause its
contractors and agents to carry, maintain and provide Licensor evidence of, the following types of insurance,
2
which shall provide coverage with respect to the License Area,in the minimum amounts specified and in the form
hereinafter provided for:
a. Commercial General Liability Insurance. Commercial general liability insurance covering claims
arising from bodily injury and property damage with minimum limits of $1,000,000.00 per
occurrence and $2,000,000.00 general aggregate and insuring against the legal liability of the
insured with respect to the License Area, or arising out of the maintenance, use or occupancy
thereof. The liability policy also shall cover, but not be limited to, contractual liabilities of
Licensee arising from this Agreement.
b. Personal Property Insurance. Licensee and any Contractor shall each also carry the equivalent of
ISO Special Form Property Insurance on the Personal Property for full replacement value and
with coinsurance waived. For purposes of this provision,the term"Personal Property"shall mean
Licensee's or a Contractor's (as the case may be) improvements, personal property and fixtures
located in the License Area. Neither Licensee nor any Contractor shall have,nor make,any claim
against for any loss or damage to the Personal Property, regardless of the cause of the loss or
damage.
c. Workers Compensation Insurance. Licensee and any Contractor shall each maintain Workers'
Compensation Insurance (including coverage for Occupational Disease) to cover statutory
benefits of any applicable jurisdiction in which the Scope of Work or other Contractual
Agreement is to be performed. The Contractor's coverage must include USL&H on an"if any"
basis where applicable,and the Certificate of Insurance must clearly identify that coverage applies
in the State in which the project or operations are located.
Licensee and any Contractor shall each maintain Employer's Liability Insurance of not less
than:
$1,000,000—Each Accident
$1,000,000 Disease—Policy Limit
$1,000,000 Disease—Each Employee
d. Commercial Automobile Liability Insurance. Licensee's Contractor shall maintain Automobile
Liability insurance including coverage for all owned, leased and non-owned vehicles. Limits of
liability shall not be less than $1,000,000 Combined Single Limit Bodily Injury and Property
Damage each accident.
e. Additional Insured.Licensor shall be named as an additional insured on any Commercial General
and Automobile Liability policies of insurance required from Licensee's Contractor under this
Agreement on forms CG2010 04/13 and CG2037 04/13, or equivalent acceptable to Licensor.
f. Additional Policy Requirements. Licensee's insurer and any Contractor's insurer will endeavor
to provide Licensor thirty(30)days advance prior to insurance being cancelled,non-renewed,or
having coverage materially reduced. An ACORD or similar certificate of insurance shall be
furnished to Licensor evidencing that said policy of insurance and that insurer will endeavor to
provide thirty(30) days prior written notice to Licensor prior to such insurance being cancelled or
non-renewed.
g. In addition, all Contractors working for and/or on behalf of Licensee shall be required to provide
insurance coverage as described in this Section 7 including naming Licensor as an additional
insured under such Contractor's insurance policies.
h. Any additional forms of insurance as required by Licensor of Licensee or a Contractor under this
License at any time during the Term,as such Term amended or extended by the parties in writing.
3
9. Waiver of Subrogation and Claims. Anything in this Agreement to the contrary
notwithstanding, Licensor shall cause its Contractor to release and waive unto Licensee (including all partners,
stockholders, officers, directors, employees and agents thereof), its successors and assigns, and Licensee hereby
releases and waives unto Licensor(including all partners, stockholders, officers, directors, employees and agents
thereof), its successors and assigns, all rights to claim damages for any injury, loss, cost or damage to persons or
to the License Area or any other casualty,as long as the amount of such injury,loss,cost or damage has been paid
either to Licensor, Licensee, or any other person, firm or corporation, under the terms of any property, general
liability, automobile liability or other policy of insurance, to the extent such releases or waivers are permitted
under applicable law. Licensee shall cause any Contractor to hereby grant to Licensor a waiver of any right of
subrogation any insurer of one party may acquire against the other by virtue of payment of any loss under such
insurance and Licensor shall grant to any such Contractor a waiver of any right of subrogation any insurer of one
party may acquire against the other by virtue of payment of any loss under such insurance.
10. Assignment and Subleasing. Licensee shall not assign this Agreement or the License granted
herein.
11. Termination. Notwithstanding anything contained in this Agreement to the contrary,in the event
that Licensor does not terminate this Agreement as set forth herein, and the License granted herein as provided
for in this Agreement,then this Agreement and the License granted herein shall automatically terminate upon the
the ninetieth(90th)day after the Effective Date.
12. Default. In addition to all other remedies available at law or in equity, upon the failure of
Licensee to cure a breach or default of this Agreement within thirty(30) days following written notice thereof by
Licensor(unless,with respect to any such breach or default the nature of which cannot reasonably be cured within
such 30-day period,Licensee commences such cure within such 30-day period and thereafter diligently prosecutes
such cure to completion),Licensor shall have the right to perform such obligation contained in this Agreement on
behalf of Licensee and be reimbursed by Licensee upon demand for the reasonable costs thereof together with
interest at the prime rate of interest as quoted in the Wall Street Journal plus two percent(2%) (not to exceed the
maximum rate of interest allowed by law). Notwithstanding the foregoing,in the event of an emergency,Licensor
may immediately cure the same and be reimbursed by Licensee upon demand for the reasonable cost thereof
together with interest at the prime rate,plus two percent(2%), as above described.
13. Recording. This Agreement shall not be recorded in the public records.
14. Attorneys' Fees. In the event Licensor institutes legal action under this Agreement, Licensor
shall be entitled to its reasonable attorneys' fees and court costs for pretrial preparation,trial and appeal.
15. Waiver. No failure of Licensor to enforce any term hereof shall be deemed a waiver of said term.
The rights and remedies of Licensor as contained in this Agreement and as permitted by law or equity shall be
cumulative.
16. Notices. Any notice which either party may be or is required to give may be by nationally
recognized overnight courier with confirmation of delivery or by U.S. certified mail, return receipt requested,
postage prepaid, to each party hereto at its respective addresses first above written, or to such other place(s) as
either party may inform the other in writing pursuant to this Section.
17. Time. TIME IS OF THE ESSENCE with respect to Licensor's and Licensee's obligations to
timely and faithfully perform all obligations under this Agreement.
18. Quiet Enjoyment. So long as Licensee is not in default of this License,Licensee shall have quiet
enjoyment of the License Area. No action of Licensor or other licensees, the Easement Grantees, or tenants
working in, or utilizing,other space in the License Area shall be deemed a breach of this covenant,nor shall such
action give to Licensee any right to modify this Agreement either as to Term,or other obligations to be performed.
4
19. Miscellaneous. In the event any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, unconscionable, or unenforceable in any respect, such invalidity,
illegality, unconscionability or unenforceability shall not affect any other provision of this Agreement, but this
Agreement shall be construed as if such invalid, illegal, unconscionable, or unenforceable provisions had never
been contained herein. This Agreement shall be governed by the laws of the State of Florida and the parties hereto
agree that any litigation relating to this Agreement shall be in a court located within the State of Florida.
20. Liens. Licensee shall have no authority, express or implied, to create or place or cause to be
created or placed, any mechanic's,materialmen's or other lien or encumbrance of any kind or nature whatsoever
upon, or in any manner to bind, the License Area and/or Licensor or Licensor's interest in the License Area for
any claim in favor of any person dealing with Licensee and/or the License Area, including, without limitation,
those who may furnish materials or perform labor for any construction or repairs on or about the License Area.
Licensee shall promptly satisfy any liens placed or filed for any work performed,or materials used,by or on behalf
of Licensee in the exercise or its rights or performance of its obligations hereunder. Licensor may satisfy any of
those liens that are not satisfied by Licensee within twenty(20)days after the Licensee's receipt of written notice
of such lien(s).Licensee shall reimburse Licensor for its reasonable costs and expenses incurred in satisfying those
liens and releasing them of record.
21. Authority;Binding Effect. The person signing this Agreement on behalf of Licensee represents
and warrants that this Agreement has been duly authorized by Licensee and constitutes the valid and binding
obligation of Licensee, and that the obligations of Licensee hereunder are binding upon its employees, agents,
representatives and independent contractors.
22. Jury Trial Waiver. Licensor and Licensee each hereby irrevocably,knowingly and voluntarily
waive trial by jury in any action,proceeding or counterclaim brought by either of the parties against the other or
their successors in respect to any matter arising out of or in connection with this Agreement,the License granted
hereunder, Licensee's use or occupancy of the License Area, and/or any claim for injury or damage, or any
emergency or statutory remedy.
23. Limitation on Damages. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS
AGREEMENT,LICENSOR SHALL NOT BE LIABLE TO LICENSEE FOR ANY LOSS OF PROFITS,LOSS
OF THE USE OF ANY REVENUE OR PROFITS NOR ANY CONSEQUENTIAL,INCIDENTAL,INDIRECT,
SPECIAL,ECONOMIC,THIRD PARTY OR PUNITIVE DAMAGES INCURRED EVEN IF LICENSOR HAS
BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES. If Licensor, or its
employees,officers,directors, stockholders or partners are ordered to pay Licensee a money judgment because of
Licensor's default under this Agreement, said money judgment may only be enforced against and satisfied out of
Licensor's interest in the License Area in which the License Area are located. No other assets of Licensor or said
other parties exculpated by the preceding sentence shall be liable for, or subject to,any such money judgment.
24. Compliance with Laws. Licensee, at Licensee's sole cost and expense, shall comply with all
laws, rules, orders, ordinances, directions, regulations and requirements of federal, state, county and municipal
authorities now in force, which shall impose any duty upon Licensor or Licensee with respect to the use or
occupation of the License Area. If Licensee receives any notices any applicable laws with respect to the License
Area,then Licensee shall notify Licensor in writing within five (5)days of its receipt of same.
25. Hazardous Materials. Licensee shall not cause or permit any Hazardous Material(as hereinafter
defined) to be brought upon, kept, or used in or about the License Area by Licensee, its agents, or employees,
without the prior written consent of Licensor, except for items customary for general office use, which shall be
used in compliance with all laws. As used herein,the term"Hazardous Material"means any hazardous or toxic
substance, materials, and waste listed in the United States Department of Transportation Hazardous Materials
Table (49 CFG 172.101), the Environmental Protection Agency's hazardous substances list (40 CFR Part 302),
the Federal Clean Air Act, the Federal Water Pollution Control Act, and the Comprehensive Environmental
Response, Compensation,and Liability Act of 1980, as from time to time amended, or any other toxic,hazardous
or potentially harmful substances, materials and waste that are or become regulated under any applicable local,
5
state, or federal law. If Licensee breaches the obligations stated in the preceding sentence, or if the presence of
Hazardous Material in, about, or near the License Area caused or permitted by Licensee results in contamination
of the License Area or adjacent property,then Licensee shall indemnify and hold Licensor harmless from any and
all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise as a result of such
contamination.
26. Entire Agreement. The terms and conditions of this Agreement are the entire agreement and
understanding of the parties. Licensee acknowledges that it has read this Agreement and understands its
provisions and agrees to utilize the License Area only in accordance with the terms of this Agreement. No change
in the terms of this Agreement may be made unless it is in writing and signed by both Licensor and Licensee.This
Agreement may be executed in multiple counterparts but such multiple counterparts shall constitute a single
agreement. Electronic signatures shall be binding upon the parties. Each party acknowledges and agrees that it
(i)has carefully read and understands this Agreement, (ii) substantially participated in negotiating the provisions
of this Agreement, (iii) has had the opportunity to consult with legal counsel regarding the contents of this
Agreement, and (iv) is signing this Agreement with a full understanding of its significance, and intending to be
bound by its terms.
[Signatures appear on the following page.]
6
IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the Effective
Date first above written.
WITNESSES
CLAY COUNTY UTILITY AUTHORITY
By:
Jeremy D.Johnston,P.E.,M.B.A
Printed Name:
Executive Director
"LICENSEE"
Printed Name:
WITNESSES REINHOLD CORPORATION, a Florida
corporation
By:
Printed Name:
Name:
Title:
Printed Name:
"LICENSOR"
7
EXHIBIT A
LICENSE AREA
8
MAP SHOWDCG SKETCH AND LEGAL DESCRIPTION OF
A PART OF SECTION 1 AND 12.TOA NSHP 6 SOUTH,RANGE 25 EAST&
SECTION'.TOWNSHIP 6 SOLTH,RANGE:6 EAST
CLAY COUNTY.FLORIDA
•--1-(11A EASEMENT
(PART OF SECTIONS 1&12,TOWNSHIP 6 SOUTH,RAN(R 25 EAST AND SECTION 7,TOWNSHIP 6 SCRIM.RANGE 26 EAST,AND BEING
MORE PARTICULARLY DESCRIBED AS F(XLIOWS
COMMENCE AT THE NORTHEAST OWNER CW SECTION 7,TOWNSHIP 6 SOUTH,RANGE 26 EAST,THENCE SOUTH 19 DEGREES 27
MINUTES 40 SECONDS WEST,ALONG THE NORTHERLY UNE OF SAID SECT/ON 7,1164 1/FEET,THENCE METH 40 DE(IREE,05
MINUTES 03 SECONDS WEST,DEPARTING SAID NORTHERLY SECT/ON LINT,470.93 FEET TO A POINT ON THE SOUTHWESTERLY RI(BCT
LU WAY LINE OF ROSEMARY HILL ROAD.A 90 FOOT RIGHT LW WAY,AS RECORDED N THE OFFICIAL RECORDS BMW 936.PAGE:523
OF THE PUBLIC RECORDS OF CLAY COUNTY,FLORIDA.THENCE CO.NTINUUE.SCR.TH 40 DEGREES 05 MINUTES 03 SECONDS WEST,
DE.PARTING SAID MXUTHW'ESTERLY R ONT4)F-WAY LINE AND ALONG A LINE PARALLEL TO THE EASTERLY LINE OF A 40 FOOT
EASEMENT,RECORDED N OFFICIAL RECORDS BOOK 235.4,PAGE 1673.,OF THE PUBLIC RECORDS LW(:LAY COUNTY,FLORIDA,A
DISTANCE OF 52755 FEET T(1 A POINT OF CURVATURE LW A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS LW 1417 21
FEET,THENCE CONTINUE.ALONG THE ARC OF LAST SAID(CURVE AN ARC DISTANCE OF 23364 FEET TO THE POINT OF BE(iNNINYi,
SAID ARC BEING SUBTENDED BY A MAD BEARING AND DISTANCE OF SOUTH 35 DEGREES 21 MINUTES 43 SECONDS WEST,23337
FEET,
FROM THE.POINT OF BEGINNING THUS DESCRIBED.THENCE SOUTH 30 DEGREES 33 MINUTES I ES 26 SECONDS WEST,52 00 FEET,THENCE
THE FOLLOW/Ai EIGHT 11)COURSES COURSE NO 1 THENCE NORTH 59 DEGREES 26 SECONDS 34 MINUTES,62645 FEET TO A POINT
IW CURVATURE OF A CURVE CNCAVE SOUTHERLY AND HAVING A RADIUS OF 2491 10 FEET COURSE NO 2 THENCE(UN'T1SAJE
ALONG LAST CURVE AN ARC:DISTANCE LW 112691 FEET TO A POINT OF TANGENCY,SAID ARC BENG SUBTENDED BY A CHORD
BEARING ANTI DISTANCE OF NORTH 10 DEGREES 26 MINUTES 56 SECONDS WEST,1716 23 FEET.COURSE NO 3 THENCE SOUTH 71
DEGREES 12 MINUTES 41 SECONDS WEST,24 10 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND HAVING
A RADIUS OF 230$50 FEET,(IRUISE NI)4 THENCE CTITTNUE.ALONG THE ARC OF LAST SAID CURVE AN ARC DISTANCE OF 149493
FEET T(7 A POINT(IF TANGENCY.SAID ARC BEING SUBTENDED BY A CHORD BEARING ANTI DISTANCE OF NORTH 14 DEGREES 22
MINUTES 51 SECONDS WEST,147290 FEET,COURSE NO 5 THENCE NORTH 67 DEGREES li MINUTES 36 SECONDS WEST.153 27 FEET
TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 2976 50 FEET,CXJRSE NO.6 THENCE
CONTINUE ALONG THE ARC OF LAST SAID CURVE AN ARC DISTANCE OF 1171 73 FEET TO A POINT OF TANGENCY,SAID ARC BEING
SUBTENDED BY A CHORD BEARING AND DISTANCE LW NORTH 71 DEGREES 39 MNUTES II SECONDS.1171 05 FEET,COU.R.SE NC) 7
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST,209 21 FEET,(TERSE NO 1 THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST, 5200 FEET TO THE PROPOSED NORTHERLY RANT-OF-WAY LINE OF AN UN-NAMED FUTURE $7 FOOT
RIGHT-OF-WAY,SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A PROPOSED PROPERTY ADDITION TO THE EXISTING PETERS
CREEK WASTE WATER TREATMENT PLANT,SAID PUNT ALSO BEING SOUTH 00 DEGREES 00 MINI ITES 00 SECONDS EAST,1266 FEET
FROM SAID SOUTHWESTERLY CORNER OF EXISTING PETERS CREEK WASTE WATER TREATMENT PLANT,THENCE THE FOLLOWING
SEVEN IT/COURSES ALONG THE.NORTHERLY RIGHT-OF-WAY LINE OF A FIITIIRE 17 FOOT RIGHT-OF-WAY,COURSE NO.1 THENCE
NORTH 90 DEGREES OU MINUTES 00 SEC/NTOS EAST,20921 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE S()I.THERLY
AND HAVING A RADIUS LW 3021.50 FEET,COURSE NO 2 THENCE CONTINUE RUNG THE ARC OF LAST SAID CURVE,AN ARC
DISTANCE OF 119933 FEET TO A POINT OF TANGENCY,SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF
c(R.TH 71 DEGREES 39 MINUTES I1 SECONDS EAST, 1191 50 FEET,COURSE NO.3 THEME SOUTH 67 DEGREES II MINUTES 36
%EC(OMS FAST,153 27 FEET TO A POINT OF(IRVATTIRE OF A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 2456.5E
FEET,COURSE NO 4 THENCE CONTINUE ALONG THE ARC OF LAST SAID CURVE AN ARC DISTANCE OF 1463 94 FEET TO A POINT OF
TANGENCY,SAID ARC BEING SUBTENDED BY A CHORD BEARING AND DISTANCE OF SOUTH$4 DEGREES 22 MINUTES 52 SECONDS
FAST,144237 FEET,COURSE NO 5 THENCE NORTH 71 DEGREES 32 MINUTES 41 EAST,24 10 FEET TO A PONT OF CURVATURE OF A
CURVE CONCAVE SOUTHERLY AND HAVING A RADUS OF 254350 FEET.COURSE NO 6 THENCE(IONTINU.E ALONG THE ARC OF
LAST SAID CURVE AN ARC DISTANCE LW 116504 FEET TO A POINT OF TANGENCY,SAID ARC BEING SUBTENDED BY A(CHORD
BEARING AND DISTANCE OF SIXTH 10 DEGREES 26 MINUTES 56 SECONDS EAST,1123 53 FEET,(:CX.RSE NO 7 THENCE MOUE 59
DEGREES 26 MINUTES 34 SECONDS EAST,626 45 FEET TO THE POINT OF BEGINNING
THE LAND THUS DESCRIBED CONTAINS 6 59 ACRES,MORE OR LESS
SURVEYORS NOTES
11 MS LS A SKETCH AND LOWS NOT PLIIPORT TO BE A IRAUNGARY SURVEY
21 RFARIMNI SHOWN HEREON ARE BASED W THE FAIR 1 eE.RI.Y OW.UP SECTION
7,TOWNSHIP 6 SOUTH.RAIAW..le.FAST,HAWN3 AN ASSUMED BFAR,SG
SOUTH tr21-4V WEST
LI AL.G-AGNI 31)145 SHOWS IGR•liN ARE IN FEET UN.EAS 0:HERWLRE NOT:.
OIISr.Y'CAtY iFR-1iAT10E
heed,oats 6 tut the...n y Mows Sea met.lla 4eWN of practscc a.
.$11 67 to bawd at pac(eaed snorer.ed a pee a(eaalawd a ain(es
Flans aaeeem.e,e mO5 pr.eaw b dope 472.027 Flunk NON.=see
66 oa sem a roe mold.vast la An tut d aw Ima'IediN c -
.arra.r.de n.facaua
Reae7 L I aseuu
F Nr..11 IN.iaaceal't.nlcnrt Nrod us5v•I''M;
Y.n...
a.% •
I-dea:1 S.ne.S-@b lee IY'O14017ffi
P
P rd Mrrcaaa
e.N..r .r.' `•'en No.
! OF 4
9
if
4
k.
ZIX11:f1 b.MONO MP a SOJTh R. NY.[M CAST � f. ,� :
M 111FALT U.E C?SEC11 P 7.T6NhRP a 5).1111.0.4UCE ST ?
POrNr OF REFERENCE i
_•1
cc+' bMTI1tAST C6MfR Ofv 1'a / UCTA3 W 7 TYSNII 6 i'VTN
\ 4/O RAMC M fAST ..
1\ /
/ i
a
r/ S
fi A•
/ 4f
Pc/Air CIF eEervNA
r rar,>'nar
Jr' /
cr.'
cr
Ar
1 w. ru,
lA . I. .1 a ,.I
L n
1 f..I ,-Graphic Scale
1"=200' WI
tMITS
0' 100' 200' 400' 600' sloe nv.
1of4
10
'vim — SEE 2
—avow--
•
Y•
•
u ,
a
N-
K3
1@ R
71r
` I
sl
ila Till
u,. L.r1' mii
• TN
i1 -• . LI I ,e: I.•1 • .4 I II LI�1
C. • . E
l I
rt " rr
,PT
I
I I
•
Graphic Scale
1"=200'
• I
0' 100' 200' 400' 600'
1
esswNVsVD'
VAS MOST IL.
f@TS
°
°'• "ANN M Shut Ma
— _ 3OF4
11
I ;
---�fF sNEfT --- +---
NATGRINE
•
,
Ire t. .T s{P . Q/nT
ewe s RA4n. tAiT
�.x ie r+sc•
ueo wos 01.1GC • i Rq b eEArr
•
sQ.n/ •---..
p:o
.tN
UV LOUVTY': hATIV.TRCA'KVT qµ-
�]RCArm.-u:n gook 2) F•li LIM
�I
it
ri L
1 L E
L E
I Till
II L. -1 ,Iii I iI • i i l ii LI 1
•
•
. E
•
s
•
I-:
S OD'Of/Or c I:e� •
OPTC..RCCOR150.:b:N]0 -
F•Ci GYM _
ar
Graphic Scale
,.�ATOP kit
uers
0' 100' 200' 400 600' sT»a Aie
4 OF 4
12
EXHIBIT A
LICENSE AREA
/ - .5 --ii • r
: /
' •• ,1•I m® rwmWfD [u
.fir 'LWo L11�. v..• ,•4
COM OOumW 1
ezzym
10110
i . •
MO Wu
01.1;
�_- COI4OIY lww101.w•ro Wei[Cn
Vr. I O uK [YMr\ '��I I`OOYOY�./ I•OOiO COWu 4i�1[
Al M°6L --- OC W 41LYPl 1
1N11{MI ��ti-ti
mumsm .� mum / Al. '- + r-•.
i.
". '....o4 ftt;:;-...4i •• 1, 4 .
8