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AMENDMENT TO LICENSE AGREEMENT OF 12/18/86 .. " City of Clearwater Higgins-Disston 115 KV, HD-33 ETS #20030329 AMENDMENT TO LICENSE AGREEMENT This Amendment to License Agreement 87007004, OR 6~4 PG 104 (hereinafter referred to as the "Amendment"), made and entered into on this ;),3 . day of ~2003, by and between FLORIDA POWER CORPORATION, a Florida Corporation, whose mailing address is 3300 Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as "LICENSOR"); and City OF Cleanvater, a Municipality, whose mailing address is Box 4748, Cleanvater, Florida 33758-4748(hereinafter referred to as "LICENSEE"), herein; , WITNESSETH OJ WHEREAS, LICENSOR and LICENSEE have heretofore entered into that certain License Agreement dated 18 Dec 1986, (hereinafter referred to as the "Agreement"), a copy of which is attached hereto as a composite "EXHIBIT B" and is, by this reference, made a part hereof, which Agreement established the terms and conditions pursuant to which LICENSOR agreed to allow LICENSEE the privilege and license to occupy and utilize a portion of the Transmission Right of Way of Section 07, Township 29 South, Range 16 East, Pinellas County, Florida being hereinafter referred to as the "License Area" and with the location and extent of said License Area being substantially as depicted on print of sketch attached hereto in "EXHIBIT A"; and WHEREAS, LICENSEE has been granted the limited privilege and license to occupy and utilize the License Area for parking; and WHEREAS, the parties to the Agreement are willing to make such Amendment to License Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants, agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is hereby covenanted and agreed by and between the parties as follows: 1. The Agreement is hereby amended and modified as follows: Exhibit "A" (sketch/drawing) contained in this Amendment, shall hereby replace the original Exhibit "A"(sketch/drawing), to reflect the improvements as agreed upon by both parties. 2. Except as herein amended and modified, all of the terms, conditions, covenants, agreements, representations, and warranties of the Agreement are and shall remain in full force and effect. 3. LICENSOR, by this execution hereof, hereby represents, warrants, and certifies that, to the best of its information and belief, LICENSEE has fully performed all of its duties and obligations under the Agreement and that, to the best of LICENSOR's information and belief, the Agreement is not in default as of the date hereof. P$lOP 1 nf? 4. LICENSEE, by its execution hereof, hereby represents, warrants, and certifies, that, to the best of its information and belief, LICENSOR has fully performed all of its duties and obligations under the Agreement and that, to the best of LICENSEE's information and belief, the Agreement is not in defauh as of the date hereof. IN WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these presents to be executed in their respective corporate names by their proper officers thereWlto duly authorized and their respective corporate seals to be hereunto aff1xed and attested, all as of the day and year first above written. FLORIDA POWER CORPORA nON WITNESSES: (as ~ By:J<!~~~ ~ r~^..) By: Print at aype Nemc: ~t:> ~.z.... ~c- c..r~ sanh S. Ropn By:\..~f't. ~ ~. \\~ Title: Vice PresideDt, T......ml... A Pnr401'T)1lCNeme: \,~~( 0\ ~.\\G.\\ RTODevelopmeDt Dated this -' <..:,ti- day 01 ~ ~ ,1003. By: Print 01' 1)'pe NIIne: :, ~~-- 11tIe';;~; u a.,I7~''"'~-~ "1J:. WITNESSES: By: Print 01' Type NImc: Title: City Ma_er cDated this ?3~ day of Oc..-.-k~ ~ro"'c1""FO~ Attest: l. fr Ut.-ft- L { f 0 //\/.<; k. i tt5sf-- . City Attonaey , 1003. (ZJ ~ E5 u ~ o ~ o '"'' , ,,,,,,,: "i" "i;",:,::,:':,:"",;,,:;:,;',',; ~ ~ - ~ ~~ ~~ ~.;: -0 ~E-< ~~ (ZJ:I: tjPo. u:< ~~ ~8 ~~ 0- (ZJ~ Q) >. .;:; <<I C5 ~ O/}~ .S 9 .~ ~ ~ ~ ~ Q) &i C/J C/J Q) 6'b o I-< Po. ...... o C/J -I-' '13 ~ Q) .;:; C5~ ~ci5 ~ gp Po.;&l I ~ 00 Po. ] C/J I-< ~ <<I I-< Po.t) ~~ <;:: C/J ~~ O~ Q) .;:; C5 ~ .tl ~ ~ ]- 8= I-< Q) E S s:: Q) Q) ~ E-o.. <<1-1-' u<il ~..c:: Q) 0.. z~ ~ ... ~ Q);..::l ~& C/J ..... ",Po. Q):;::1 6'bO 0-1-' ... 0 ~:I: Q)-I-' o..U .02 <<I 0 -' I-< (ZJPo. E 0 Q) -I-' 13 vi s:: U 8a. rH'B'T A~ l . 1 I 100 SCALE: 1'"=100' :;::1 <<I ~ .g ~ Irl ..... ~ Z I N ffi ~ ~ ~ (ZJ o j rift) ~z ~~ 8:I: ~g E-<E-<S SS< ~~~ ~~O Po.~~ ~ ~ (ZJ- ~~~ Po.~f!a ~ ><: tS ~ ~:s ~8 ~~ O~ -0 ~Po. ~(ZJ ~~ O~ ~:s ~:s Po. 8 ~~ 8~ CI(~ ~~ otS Zu I "'" ~ g (ZJ ~ ~ ~ o ~ :< f5 ~-- - ~- ~(ZJ t)tS z(ZJ ~~ ~~ ~~ 00 ti~ ~re 0:< Irl o If) 2 I>: -~tj C:f~~ 2"-'15 >=~~ W-llf) >~15 OCo~ ::J 0 "- CI.l3lQ Old 0 8 GI CJg~ .i~:~ ~.i:tn ,.:=::NJ a:: Wo ;I-;;)~ w st5 I ~ ,,;'.en- w"-' &l!,;dS ~ ~ft .... ~ r ~ i "V)< cnt- 0 2 ~~ ~ 1~ w ~~ .! lQo W"-'U f-"-'~ f-~-l O~- ...J 15~ OC5l!? <(UI>: I ~ () If) !~r;; i~~ lB~g $ 8 ("/) ~ ~o ! ~~~ ~ E-<("/)E-< ~ Z ~f2d '-J:< ~ ::l U ~ s: ~~~ ~ ~ 8~~ ~ en ~~~...... ~ E-<~ o ......~ Po. ~~E-< ~ ~:s iil :<0 o ~u ~ d (ZJ ><:~ tSE5 ~u 8~ ~o ~~ zO ~~ ~~ ~~ o~ ~~ (I)::: ~~ E-< ~~ 2S:I: ~~ ~:< ~~ g;8 ......~ ~- o~ ~ 0\ V") (I) ...~~~ ~ ~_NOO ~ ~~~~ ~;s ...--N .....:l r--~~~ ...... -N ::r: .p Cd"' '-"~ ~ ;:1'- .- ~ r55frz~ :r: 0"0 go E-<g~oZ M..c:..c: >< 0,0.03 .,.~ ., f-< '-0 REVISIONS: . " Guide lines for Construction Crossings or the Bartow to ^nclote oil line The Florida Power Corporation-Bartow to ^nclote T},ennal ,insulated oil transport lihe has beer installed and is operated in compliance with 7itle ~g-PBrt 195 F~deral O.O~T. - Transportation of Liquids by pipeline. ~. Buried Structures - Crossing ~ituations The minimum clearances required for crossing situatIons of the D/^ oil line and proposed other lines or struc- tures followa I . a~ "atntain l2.inches of cleaxlln ce between the oil line and other pipes or structures belnq buried and crossing the line. b. 2". When 12 inches of clearance i. not practjc~l. provisions can be negotiated with Florida Power Corp. for a substitution of the soli b<<rier with an approved barrier. Minimum Soil Cover over a/A oil line ') The minimum 80il cover requirements at ~ny location alon9 this Sartow to ^nclote 011 pipe line had been eatablldhed in compliance ~it:h Ferleral D.O.T. code to ,be 40 inch.s, .s referenced from top of the pipe to 9round level, road bed, river bOl;tom, drain ditch bottom, etC'. I'Iny variance in t.his m!'nimurn protective soil Cover mUBt be negotiated wit.h the Florida Power Corp. for SUbstitute, prot.ective, equivalent approved coneret88tructure Drawing I ^-S-J4-A-l. Paral1ellnq - Buried Structures Thesi are t.wo standards of acceptabiljty for parallel- in9.. i tua t.i ons t a. Florida Power Corp. R/w . easements and other con- haIled areas. 3. 1) 1'111 paralleling of buried Btructurea and other pipe. to the D/^ oil line mUBt maintain a minimum of three (J) feet. surface 1;0 surface olearanee. b. All paralleling situations outside the conl;rol of the Florida Power Corp. should reCl,uest the minimum 'three (J) feet. surfoce to surface clearnace. ~Un1.mum aCceptable is one (1) foot surface to surf~ce, pro- Viding adequate provisions are made for corrosion control.. (.', ~ . ( 11;;:1_,\ O. M. ralvey' , 12-16-00 Page 1 of 2 ) . . '.~ ~ I. . . .... , --. .', ..l'.... .-..-..._~,_....... 51!~ PlI!rPlL 'it " r- ,l .? 11") {_ I " \ - / . L - I .......J... - -I-. I-~ .-4- - ...- .....,..-.- -- -- -- - ~~ I--~ I - ~- ", L --. .f 11"5 BIle. J f "4> U.La! t. "'I-IH' ~-:I' sur" ,L_. ' ~ -'1::' -..Jlr'. ,. lieU!, .. P L. _A .N..,..~ , r("At.: ,- .'1 !.io~ TV/" ! I IS, /lEVat ~~7 A Lt " jlopu"" b "S ~d II." C"C:: lAc"..."., I~"o " J · E LeV A ~r ION . SCALe: ''''.'z'.q'' ~ I. Coo., ...." .... "", ."..,...1 1000 ~a.l. I. R.... I. ..".. A6., ,.... 40, to e.... ",... .. .., t '1 .....n ..,fe,. ,,..., 4. ..,.. ....... ....,." .",... IIIYUlll lln rOR IACH .llt COMCR'1I 0, ..,.' DETAIL ':4H :~ ___. I(ALG Jot. I"O~ Rt'"rO"CIIII .nn. ... H... ..f. ., ....... ("h' h.h,.t . .,". o. ".. Ht.' "" It 4'...- C 1t..I .....,.t . It. ....- 4. N,,' """ 10' 1..,.1 IHIt,., . 1'.4. . . Nt" ~...., I'.,. I hhl r..,.,.I , t' . .. .... . ..... '.t., .t.., r.".,. I"" D' I 'ODlD WAllRII\. liS! r;;s- - &1 ~'p TtJl<' Cu,./1""""'f1d<./..) Us _:1. REV1"OH BY ct(, APP. 11 CAlljief.ill_ _1Y_~_CI\J!\.APP.~J_ CONCR~re PIPEU,v€ COV€R SCABS..____'_'h PROJECT BARTOIV-ANCt..OTE PIPEUNE FLORIDA rOWER CORPORATION 'f. fl'la.,V.O "'.DUD" . DRAWl NO NO. Il-S]4 :-:,r(:, I, yo' It-CHG IJ';;':: I 8700~004 CL-158 10/24/86 lJ41S 4 O~PAGf 40 A8C4~~ !!! ~ I!! ~ I A!!!! 1111 I!!l.r 48 p~ ' JOWl c..,.L\l.THIS LIMITBD LICENSE PRIVILEGE AGRBEMENT, Made and enteNd into - this 18th day of December , 1988, by and between FLORIDA POWER is' CORPORATION, a Florida corporation, Party of the First Part "LICENSOR" herein and CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Fl~r1da 33518, Party of the Second Part, "LICENSEE" herein; WITNESSETH: WHEREAS, LICENSOR is the owner of the fee simple Utle to (among other lands)in the NW 1/4 of SE 1/4 comprising a portion of LICENSOR's electric transmission right-of-way lands in Pinellas County, Florida, an 800 foot long >. ., strip of said tract being hereinafter referred to as the "License Area" and .t;l ;E ~enerally described as shown on sketch attached hereto as Exhibit "A" and by 11 ~ ;!this reference incorporated herein and made a part hereof; i~ ~J' ~..= t.o' ~nd, ...":; = ~ C'f"J ~ j ~ ~..J WHEREAS, LICENSEE is desirous of acquiring from LICENSOR the c J -< ~ ""limited privilap and license to occupy and utilize the Ucense Area for ~ "~ ~ :i'parldng 2 ~ r..,,; ~ e .. ~ 0 Cand .:1 ... 3 ' .a ;'0 ~ a WHEREAS, LICENSOR is willing to grant to LICENSEE the desired limited privilege and license for such occupancy and utilization, subject to certain terms and conditions as stipulated below along with specific requirements as shown on attached Exhibit "B" and by thiareference incorporated herein and ~ made a part hereof. !:~ co :;; .. M O~~<<l !-< ~!:; . g~~~ . ~ ... . ~ ~ d NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. That LICENSOR hereby grants to LICENSEE, and LICENSEE hereby accepts from LICENSOR, the limited Priviler and license to occupy and utilize the License Area for the sole purpose 0 parking together with such other limited privilege and license as may be reasonably necessary or convenient for the full enjoyment of the License Area for the above. purpose only. 2. That for and in consideration of the foregoing limited privilege and license, the LICENSEE hereby covenants to pay to LICENSOR a yearly fee, .in an initial amount of $10.00 payable in advance, commencing January I, 1987, for each and every calendar year while this limited privilege and license remains in effect. The yearly fee may be recomputed each subsequent year by LICENSOR and may be adjusted as appropriate to reflect fluctuations 1n the real estate value and other variables attributable to the License Area. LICENSOR shall mail a yearly billing invoice to LICENSEE, and LICENSEE's advance yearly fee checks shall be made payable to FLORIDA POWER CORPORATION and maned to LICENSOR. 3. That LICENSEE shall notify, at least 48 hours prior to commencing initial construction activities within the License Area, Joseph G. Brown, Jr., Transmission Rights-of-Way Inspector, telephone (813) 866-5109, St. Petersburg. 4. It is expressly stipulated by the sald LICENSOR and LICENSEE that this License Agreement is a license for permissive use only and that the placing of any improvement upon the property pursuant to this Agreement shall not operate to create or vest any property right in sald LICENSEE. S. It is expressly stipulated by the said LICENSOR and LICENSEE that the privileges provided herein create no perpetual rights but determinable privileges depending solely on the conditions in this Agreement and at no time shall this License Agreement be construed as a Ucense coupled with an interest. 6. That LICENSOR's consent to LICENSEE's use of the property described herein is limited. Such conditional and restricted consent creates privileges in the LICENSEE to use the land only insofar as the conditions herein are complied with. (i '1: ; -, G. h:r1p_)~. ,1/1~/'?7 Ope' ,1>>.( I :~~ ~ -, - --."1 ~.. ;;: :Tl'7' _.:)F. L.D .. .:.-:. r .-..,.-' :, ~~ U'l " :t) ..... ~ l.~ ,.. -J ,-, f:" ....... :.~s ~ =-= '.". -~ ~., " ~ a5 >; " .f -...I -, (})- (4) ,/ EXHIBIT B ,/ I I O.R. 6 q o 4 PAGE 105 ~.".,i :~~ 7. That LICENSOR expressly reserves unto itself. its SUccllssors, lessees and assigns. the continued right to. occupy and utilize the enUre License Area and to grant to other parties such privUeges affecting the License Area as are not inconsistent with privUeges herein granted. 8. That LICENSOR shall not be Uable for damages to LICENSEE'. utilization and appul'tenanees howsoever resulting from LICENSOR's occupancy and utilization of the License Area. LICENSOR, however. shall not willfully cause undue damage to LICENSEE's ut1l1zation. 9. That LICENSOR agrees to inform LICENSEE 30 days before building or developing within the License Area so that LICENSEE can relocate or remove the utilization described herein shoUld LICENSOR determine that such utiUzation would interfere with LICENSOR's (aeWUes or use of said area. 10. That upon LICENSEE's breach of any covenant or condition contained herein, this License Agreement after written notlfication by LICENSOR to LICENSEE of such breach and upon failure of LICENSEE to remedy or remove such breach within a period of Cive (5) working days after receipt of such written notification, shall cease and terminate and shall become null and void and the privilege and licenae herein granted shall thereupon immediately revert to the LICENSOR in absolute. and LICENSEE shall forfeit the remainder of the yearly fee; however. LICENSOR expreasly does not waive any rights of recourse LICENSOR may have apinst LICENSEE for damages sustaJned by LICENSOR as a result of such bl'e8Ch. 11. That LICENSOR hereby expressly reserves the right to revoke this License Agreement at will by giving LICENSEE 30 days written noUce, and LICENSEE shall have no right to compensation for any expenditures by LICENSEE upon revocation of this License Agreement, except the LICENSOR shall return the unearned portion, if any I of the yearly fee paid by LICENSEE hereunder. 12. Any coats, attorney's fee. or expenses incurred by LICENSOR in construing or enforcing this License Agreement shall be borne by the LICENSEE. 13. That thla privilege and license is personal to LICENSEE and shall not be assigned or transferred in whole or In part. 14. That nothing contained in this License Al"Bment or contemplsted is intended to or shall increase LICENSOR's risk of UabiUty for personal injury or death or for any property damage and it is hereby exp1'81ls1y understood and agreed <a) that LICENSOR does not Hsume any such additional risk. (b) that liability arising out of the use and occupancy of the License Area by LICENSEE, LICENSEE's employees, agents, contractors, or any representative is hereby assumed by LICBNSEE and shall be at the 801e and exclusive risk of LICENSEE and (c) that LICENSEE shall adequately police the IJcense Area, answer and satisfy to LICENSOR's .atisfaction any and all complaints, and protect. defend. hold harmless and indemnify LICENSOR from and against any and all actions. claims, damages and lor loss. including costs and attorney's fees, occasioned by or growing out of any actual or claimed usage or condition of the !Jcense Area or caused. incurred or arising in any manner whatsoever. directly or indirectly, by reason of this Limited IJeense Privilege Agreement or the use and occupancy of the License Area by LICENSEE, LICENSEE's employees, agents, contractors, or any representative. howsoever resulting and irrespective of negligence. With respect to any person not a party to this License Agreement, however, nothIng herein shall be construed as a waiver by the LICENSEE of any of the defenses and limitations available to the LICENSEE pursuant to Section 768.28. Florida Statutes, or succ.asor provisions thereto. 15. That the validity of this Agreement Is contingent upon LICENSEE first obtaining proper zoning. authority, approval and/or permit from the appropriate governmental body or public agency havIng jurisdIction over such utlUzaUon at this location. If such zoning, authority, approval and/or permit is not secured, this Agreement wtll be considered null and void. -2- , - p ,~ I I 6 O.R. 404PAGE 106 IN WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these presents to be executed in their respective corporate names by their proper officers thereunto duly authorized a,nd their respective corporate seals to be hereunto affixed and attested, all as of the day and year first above written. Signed, sealed and delivered Iri the presence of: ..a....:nu... .tJJ. U)D. 0 On I' D By ~) 1/ t6.. Q, r/~ Attest: ~t?~JY-, Assistant Secre ry <as LICENSOR) !kRJutX~I\l~ DOllbeXID axOllCx c,ou..':.t:.'..&ar1 ~i.gned :1' ." . /.-< ." ,~t,:,., . //tc~ L/t/IU01 ' " It u:/ -Mayor-Commissioner /; /. tl By Attest: ~~ ;.j': .t.:l~ City Clerk ( , LICENSEE) ~, City Atto * * 1ft * * * 1ft STATE OF FLORIDA ss. COUNTY OF PINELLAS .",.,;,. ',' ' '. The foregoing instrument was acknowledged before me this f"".-";f9th day' of December I 1986, by G. C. Moore as Vice Presi- ; /'..~;t.~pd ,Cathleen P. Kortriqht as Assistant Secretary on behalf of .> ~ FIJ)_~...tD). POWER CORPORATION. " " ~ ~, . . -: ". ("N6~rlal Seal) MY' ebmmission Expires: Nolvy PubUc. Stale of Florlda at Large My CommissiDn E~pires JUNE 28. 1990 ~6Jdp Notary Public * * * * * 1ft * -3- '. ;:~rJ/J I * * * * * '" * * STATE OF FLORIDA SS. COUNTY OF PINELLAS I O. R. 6 4 0 !I PAGE 1 0 7 31 The foregoing instrument was acknowledged before me this st dal' of December, ,1986, by KATHLEEN F. KELLY, -.mnroNY L. SHOEHAKER, CYNTHIA E. GOUDEAU, and M; A. GALBRAITH. JR.. Mayor-<:ommissioner, City Manager, C1tvClerk. and City Attorney. respectively. of the CITY OF CLEARWATER, FLORIDA. (Notarial Seal) M~ Commi~~i?n ~xpires: li"I.1rV 1"", :.,' . ...'. ,:. My (OIllA.js.,~" ;"" ;, ',_ _, ''0'" i1r......-I2JuI:J~ r.111~),~r, rfli.,: !"~"f""'''r ;;."';, ~ ., ~;~vr,~(:ij)~~, NO:t-);~~tl.'~'[ .' ~',':, ':' ~ ...... ~ -, . '. ...::.. "', . ("~.. ...:. "'" * * * * * * * * -4- "..-(... ~.. .: . "- .. O.R.64 04 PAGE 108 XHIBIT A ~ I " I ~ r '"0 m Z r III m z 11 r r Q~~j I ,.._~ ~ i> z: ~ Q !f .... I'l " :1l ~ ' r ~ ~ .. ~ 9 . ;n n r l ~ ;0 0 ? JI !' I l~~a ~ c I Z z: I: ~ m -l z fIl r -< ~ III Z ! 1 I~ OI..P C04CH"AN 1i!'D. J F.P-C. (....-_> R/'<I I~ ! a ;. 1'Wl~1~ ".",c.. ~-0l0IW1! "'" ..... CII... PINUW. ~~ ;Q 101 \ 1:1 i> fTl -../' Z ", ~ 01 m ~ 'fl r r " m ." ~ ~ l::l '" 8 ~ ~ ~ ~ Florida Power Corp. Real Estate De t. CITY OF C.Le.,6,Ii!.\\Jt..."TE2. CVE;I~ FlUDUl-l~ (Cl..-I~) IO-30-Sc.. ~e.''337 L.. Drawn by: Ie A.t.lDER.,O\J EXHIBIT "A" . ) -' .' I , '-------... O.R. 6 ~ O~P.Gf 109 !f1;~lEl~ !E2Ql.B1;Mg~Ts for parking - - A. lhat all of LICENSEE' ICENSOR'. ril'ht-of-w: activities, operations With the applicable y 8trip 8hall at all and equipment U8ed (NESC) and the Ii Pl"Ovision8 of the u ti~a be in strict ___ Wiliathin IUld H app cable 1 na anal El' -...p nee ealth Act of 1971 (OS~)es and l'eguJatiolUl of th~~cal Safety Code B . ccupational Safety . That upon completion f Inspector of Tra ,~operations, LICENSEE Paragraph 3 for ~:=:rn RIghts-of.Way heretof:::n not~y LICENSOR'8 on of the right-of-way 8trip. mentioned in above C. That the Validity of this A . executed on behalf of L greement 15 contingent upon its be' ~greement to abide by th~C~~::'E a~d signJfy LICENSEE's a~~p:=r~~ greement and return the mark d conditions. Failure to sign this the date of agreement shaU aute C;~ to LICENSOR within 30 daya from void. oma Y render the Agreement null and D. LICENSEE is hereby notified and or persons utilizing said 'a agrees to 80 notify any representatives LICENSEE'. control, that ext: :~~ ;I~ENSEE'S knowledge or under or related facilities, and in the ev:nt of n-=ssa? around all guying LICENSEE agree8 to notify LICENSOR immediately. y &mages or injuries, E. That LICENSEE furnish LICENSOR with a let of as built drawin... within thirty days of final construction. .. F. That other than LICENSOR's facilities, no overhead wires poles light standards, trees, buildinp, structures, signs or obsta~le8 s~ be located, constructed or installed within the right-of-way atrip without written approval by LICENSOR. G. That LICENSEE shall assume the sole duty. responsibility and obligation of mowing and otherwiae maintaining the surface of the portion of LICENSOR's right-of-way strip upOn and ,across the land involved in a condition compatible with the surrounding area. R. The entire disturbed area within the ript-of-way strip including LICENSOR'. patl'Olroad sballbe restored to a condition at leut u good as that which exlatedpl"ior .to construction. 1. That a free easily passable twenty foot (20') wid. aCC8s8way be retained along the length of the right-of-way strip including to all transmission line structU1'88 and on Or acroas said parking ar-. for use by LICENSOR for emergency access and for no1'llllll maintellBDC8 and patrol purpoaes. J. That all excavations for LICENSEE's utilization be a minimum of twenty-five feet (25') from the nearest edge of LICENSOR's transmission structures or guying . K. That LICENSEE sball not use a dragline 01' cable type Cl"aDe withm LICENSOR'. right-of-way strip. L, That any and all piping and/or culverts within LICENSOR's right-of-way have auffia1ent earth covel' to prevent breakage due to the operation of LICENSOR's vebiclea and heavy equipment within the right-of-way. M. That no below ground grade drainage or fac:ilities be installed without LICENSOR'. review and written approval. N. That all vehicle8 sball be of an operative and transient nature; mobile homes, omce tn.nera or cazoriera of explosive materials are prohibited. 0, That any shrubbery planted within the right-of-way strip shall be ofa variety no exceeding 12' in height. P. That LICENSOR shall not be liable for damages to said landscaping or parking resulting from operations necessary to IlllLintain LICENSOR's facilities. Page 1 of 2 Pages EXHIBIT "B" J' " , i-." .. ....,.. . ') I IO.R. 6 ~ 04 PAGE 110 Q. That proVision in NESC be -dh d :nd c~nductol"8. Ground elev:::n to ~Prding ~tances between ground eet (2). mUSnot ,be Increased more than two R. It the license area 1s fenced LICENSE pte in the fence making that ))Ol'ti of E 8~ install a sixteen foot (16') should ha"e _ lock installed by LIC~r;.,SOR~e Mght-of-way accessible, Gate S. That LICINSEE be responsible for clean up of any and all apWathat ilia tOCCULIrCENwtthin ~ICENSOR's r1a-ht-of-way stl'1p. Such spills mUst be reportJ" o SOR lllUDediately. T. That LIC!NSEE shall notify LICENSOR'. SUPftrbttendent of Tranam1llslon Underground (1.e.). n.M. Falvey or hia' designated alternate, 813/866-572., St. Petersburg at least 48 hours prior to LICENSEE's perfOrming any excavation within LICENSOR's ria-ht-of-way aatl'1p in order that LICENSOR may arrange for an authorized representative to be on site to ass18t in establishing the existin, location of LICENSOR's underrround fuel oil pipeline and to obae"e all excavation activities in Proximity to aaid pipeline within LICENSOR 's r1~t-of-way strip. U. That no parking be allowed Within fifty feet (SO') of any tran.mia.ion structure or guying. Page 2M 2 Pages EXHIBIT "B"