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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 3. Said conveyance shall include, and the AGENCY fully accepts, a transfer and assignment of all rights and obligations pursuant to any maintenance agreement, utility agreement, subordination, and/or other agreements or matters of record relating to the property to be conveyed and the AGENCY shall assume all responsibilities and liabilities arising from any obligations thereunder which responsibilities, liabilities and obligations as set forth in the conveyance documents shall run with the land. This provision shall survive the termination of this MOA. 4. Notwithstanding any other provision herein to the contrary, the DEPARTMENT shall not be responsible for any costs or attorney fees arising out of any liabilities or obligations incurred regarding the right of way after the transfer of property. 5. Maintenance prior to and during construction: A. The following shall apply to areas designated in Exhibit "B" as limited access right- of-way: Prior to construction of the Project by the DEPARTMENT, the AGENCY shall be responsible for the maintenance of all properties acquired for the Project by the DEPARTMENT, keeping them in a safe condition. This includes responding to and addressing Code Enforcement violations and complaints from the public. B. The following shall apply to areas designated in Exhibit "B" as non -limited access right-of-way: Prior to construction of the Project by the DEPARTMENT, the AGENCY shall be responsible for the maintenance of all properties acquired for the Project by the DEPARTMENT, keeping them in a safe condition. This includes responding to and addressing Code Enforcement violations and complaints from the public. During Construction of the Project by the DEPARTMENT, the AGENCY is responsible for mowing and litter removal unless a Locally Funded Agreement (LFA) is entered into that includes this work. 6. To the extent provided by law, the AGENCY shall indemnify, defend and hold harmless the DEPARTMENT and all of its officers, agents and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the AGENCY, its agents or employees during acquisition and other related activities on the Project except that neither the AGENCY, its officers, agents or employees will be liable for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents or employees during the performance of acquisition and other related activities on the Project. 7. Any and all notices given or required under this MOA shall be in writing and either hand - delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be directed as follows: As to the DEPARTMENT: Anson Sonnett, P.E., Project Manager Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Phone: (954) 777-4474 With copy to: Daniel Marwood, Deputy Right of Way Manager - Production Florida Department of Transportation