JOINT ATTACHMENT AGREEMENT WITH FPC AND RIGHT-OF-WAY UTILIZATION AGREEMENT DATED SEPTEMBER 20 1979
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JOINT ATTACHMENT AGREEMENT
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THIS AGREEMENT, made and entered into this 17 day
of
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, 19~, by and between FLORIDA
POWER CORPORATION, a Florida corporation, FPC herein, and the
CITY OF CLEARWATER, a municipal corporation, CITY herein.
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WHEREAS, both FPC and CITY have occasion to make attach-
ments to each other1s poles; and
WHEREAS, both FPC and CITY wish to delineate the con-
ditions that will govern when either FPC or CITY wish to make an
attachment to a pole owned by the other party.
NOW, THEREFORE, in cons i derat i on of the mutua I covenants
and agreements hereinafter contained, FPC and CITY hereby grant
unto each other the right, priviledge and license to install and
maintain attachments upon the poles owned by them that are within
the municipal limits of the CITY; subject, however, to the follow-
ing terms, covenants and conditions:
I. CITY and FPC covenant that all attachments made
by either party hereunder shall be installed and
at all time util ized and maintained in accordance
with the National Electrical Safety Code in its
present form or as subsequently revised, amended,
or superseded, with appl icable state laws and
local ordinances, and shall at all time comply
with generally accepted safety practices of the
electric utility industry. It is further under-
stood and agreed that both FPC and CITY shall be
fully responsible for the installation, uti I iza-
tion and maintenance of their attachments.
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2. Additionally, but subject always to the provIsions
of paragraph I, above, all attachments by CITY here-
under shall be installed at a pointat least four
(4) feet below FPC's neutral conductor or two
(2) feet below the lowest secondary conductor, which-
ever distance is lowest. Conductors owned and main-
tained either by CITY or FPC shall have a minimum
clearance of at least fifteen (15) feet above walkways
and at least eighteen (18) feet above roadways.
3. Both FPC and CITY further covenant and agree that
nothing herein contained or contemplated is intended
to increase the risk or 1 iabi 1 ity for personal injury
or death or for property damage of the other when
acting as a licensor hereunder, and it is hereby ex-
pressly understood and agreed that both CITY and FPC
do not assume any such additional risk; and FPC and
CITY, for themselves and their successors and assigns,
agree that each does hereby reI ieve the other of and
absolve each other from all such risk and I iaibility
arising or growing out of the use of, or entry upon,
or attachment to the poles and facilities of the
other as provided herein either by themselves, their
1 icensees, agents, employees or representatives.
Both CITY and FPC hereby agree, with respect to those
poles owned by the other, to indemnify and save the
other harmless from and against any and all claims,
damages, losses and liability (including attorneys
fees) to any person, or to the property of any person
occasioned by, growing out of, or arising and resul-
ting in any manner by reason of the installation,
utilization and maintenance of such attachments about
and upon the poles and facilities separately owned by
the other.
4. With respect to paragraph 3 above, both CITY and FPC
shall at al I times carry a pol icy or pol icies of in-
surance with respect general I iability with bodily
injury 1 imits of not less than $50,000.00 each person
and $100,000.00 each accident, and with property damage
1 imits not less than $10,000.00 each accident and
$20,000.00 aggregate. Such insurance pol icies shall be
endorsed by the insurance carrier to provide blanket
contractual coverage specifically with respect to para-
graph 3 above, to the full 1 imits of and for the I ia-
bi1ities specified herein. Prior to the commencement
of any work hereunder and during the I ife of this agree-
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ment, both the CITY and FPC shal I furnish each other
with a certificate or certificates, on a form provided
by FPC or CITY from its insurance carrier showing that
CITY or FPC carry the requisite insurance and that the
same has been endorsed specifically to cover paragraph
3, and such insurance shal I not be terminated, altered,
or reduced in amount except upon and after at least
30 days written notice thereof either to FPC or CITY.
5. It is understood and agreed that either party hereto
may, at any time and whether with or without cause,
cancel and terminate this agreement, either in whole
or in respect to any particular attachment hereunder,
by mai I ing to the other a written notice thirty (30)
days in advance of its intent to do so. Upon such
termination either CITY or FPC shall, and for failure
to do so CITY or FPC may at other's sole expense,
immediately remove such facilities of either the CITY
or FPC from the property of the other without any I ia-
bility for severance, loss, or damages to either FPC
or CITY or any person or persons whatsoever; and
thereafter, both parties shall be reI ieved of and from
al lobI igations hereunder, in respect to those facil-
ities and attachments so terminated and removed, ex-
cept such as may have accrued prior to such termin-
ation.
6. Neither this agreement nor any part or rights there-
under, shall be assigned by CITY or FPC without the
written consent of the other party having first been
obtained.
7. This agreement shall not be construed to in any way
abrogate, change amend or modify the franchise agree-
ment presently existing between the parties.
8. Both FPC and CITY shall notify each other in writing at
least 1 days prior to instal I ing any attachment(s)
upon the otherls poles. Both FPC and CITY in their
sole discretion, however, reserve the right to reject
in writing the right granted the other party to install
any of such attachment(s) prior to such installation.
9. It is agreed that al I existing agreements, written or
oral, between the parties hereto for the purposes set
forth herein are, by mutual consent, hereby cancelled
an~ terminated.
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IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed and attested to by their duly
authorized representatives, the day, month and year first above
written.
Signed in the presence of:
FLORIDA POWER CORPORATION
Vl7'cw-<<- 9JJ , ;:)" A/1A_~
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As to FPC
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By
Vice President
FPC
Mayo
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form &
A ttes t:
~~~LLt.~~~
City Clerk
As to CITY
CITY
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n.R. !i n 3 3 PAGE
31
RIGHT-OF-WAY UTILIZATION AGREEMENT
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AGREEMENT, Made and entered into thi~ - day of
, 1979, by and between FLORIDA POWER CORPORATION,
oration of the State of Florida, Party of the First Part ("FPC" herein),
City of Clearwater
P.O. Box 4748
Clearwater, FL 33518
Party of the Second Part ("APPLICANT" herein);
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WHEREAS, FPC is the owner, possessor and user of a right-of-way
easement recorded in O.R. Book 1623 at Page 56 thru 59 as Clerk's In-
strument No. of the Public Records of pinellas County,
Florida, said easement giving FPC the right, by appropriate legal means, to
restrict any occupancy or utilization of the established right-of-way easement
strip which would be or could become inconsistent with the safe and efficient
operation and maintenance of FPC's existing and future high voltage electric
transmission lines and related facilities located thereon; and
WHEREAS, APPLICANT now has or will have some right, title or in-
terest in the lands encumbered by the aforementioned right-of-way easement
and desires to occupy and utilize a portion of said lands for the hereinafter
stated purpose (sometimes referred to as "APPLICANT'S utilization") and in-
volving said right-of-way easement strip in only such manner as will insure
the continued safe and efficient operation and maintenance of FPC's existing
and future high voltage electric transmission lines and related facilities
located thereon.
NOW, THEREFORE, for and in consideration of the benefits herein
provided and the terms and conditions set forth below, the Parties hereto
mutually agree as follows:
1. That FPC shall interpose no objection to APPLICANT'S utili-
zation of the designated portion of the aforementioned lands on the basis of
any other rights or restrictions pursuant to FPC's easement for so long as
APPLICANT'S utilization strictly complies with and conforms to the locations
and conditions specified on Exhibit "A" and Exhibit "B" attached hereto and
by this reference incorporated herein and made a part hereof.
2. That APPLICANT'S utilization of FPCls right-of-way easement
strip, and APPLICANT so covenants, shall at all times comply with and con-
form to said locations and conditions specified on said Exhibits "A" and "B".
3. That compliance with said locations and conditions specified
on said Exhibits "A" and "B" is necessary and essential to render APPLICANT'S
utilization of FPCls right-of-way easement strip consistent with the safe and
efficient operation and maintenance of the existing and future voltage electric
transmission lines located thereon, and, therefore, APPLICANT'S failure to
comply with any of said locations and conditions shall constitute an infringe-
ment upon the rights and restrictions secured to FPC pursuant to the said
easement.
4. That FPCls Superintendent of Transmission Rights-of-Way (i.e.,
Mr. F. E. Badger or his designated alternate, telephone (813) 866-5240, St.
Petersburg) shall be notified by APPLICANT at least 48 hours prior to APPLICANT'S
commencing initial activities within FPC's right-of-way easement strip.
5. That APPLICANT shall obtain a legally sufficient easement or
license from the present owner(s) of the fee simple title to the lands under-
lying FPC's right-of-way easement strip signifying the permiss ion of such owner (s)
for APPLICANT'S utilization 'of said laDds, and APPLICANT shall furnish to FPC's
Real Estate Department a copy of each such easement or license prior to
'APPLICANT'S commencing initial activities within FPC's right-of-way easement
strip.
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OCT 25 II 20 AM ~79
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O.R. ~ 033 PAGE
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6. That FPC shall not be liable for any damage to APPLICANT'S
utilization howsoever resulting from FPC's continued use and occupancy of the
right-of-way easement strip; FPC, however, shall not willfully cause undue
damage to APPLICANT'S utilization.
7. That the validity of this Agreement is contingent upon
APPLICANT first obtaining letters of no objection from the adjoining neighbors
at this location. If such letters of no objection are not secured~ this
Agreement will be considered null and void.
8. That APPLICANT hereby expressly understands, covenants, and
agrees (a) that nothing contained in this Agreement or contemplated isinten-
ded to or shall increase. FPC' s liability for personal injury or death or for
any property damage, (b) that FPC does not assume any such additional liabili-
ty, (c) that liability arising out of the utilization and occupancy of FPC's
right-of-way easement strip by APPLICANT and APPLICANT'S employees, agents,
contractors, invitees or any representative, is hereby assumed by APPLICANT
and shall be at the sole and exclusive risk of APPLICANT, (d) that APPLICANT
shall answer and satisfy to FPC's satisfaction any and all complaints relative
to APPLICANT'S utilization of FPC's right-of-way easement strip, (e), that
APPLICANT shall protect, defend, hold harmless and indemnify FPC from and
against any and all actions, claims, damages and/or loss, including costs and
attorneys' fees, occasioned by or growing out of any actual or claimed usage
or condition of FPC's right-of-way easement strip arising in any manner
whatsoever, directly or indirectly, by reason of this Agreement for APPLICANT'S
utilization thereof, and (f) that APPLICANT covenants not to therein interfere
with FPC's existing and future high voltage electric transmission lines and
related facilities in any manner whatsoever and shall fully indemnify FPC from
any and all losses as in Section "(e)" above resulting from such interference.
9. That FPC does not guarantee that APPLICANT'S utilization will
be completely compatible with the 'safe and efficient operation and maintenance
of FPC's existing and future high voltage electric transmission lines within
the riglt:-of-way easement strip and any remedial action required to resolve
subsequent conflict will be at APPLICANT'S sole expense.
10. That the validity of this Agreement is contingent upon
APPLICANT fi!'st obtabing proper zoning, authority, app:aval and/or permit
from the approprnate governmental body or public agency having jurisdiction
over such utilization at this location. If such zoning, authority, approval
and/or permit is not secured, this Agreement will be considered null and void.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement
to be executed by their duly authorized representatives as of the day and year
first above written.
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By:
R CORPORATION ("FPC")
WITNESSES:
n S anes
roperty Manager
Real Estate Dep.flttmept:
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WITNESSES:
City, anag'er .", : .'" f
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Attest:
orrectness:
coun&bt -Rd
ayor- COllrnis sioner
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O.R. ~ {} 3 3 PAGE 3 ~
S P E C I F I C R E QUI REM E N T S
Drainage Retention Pond with Underdrain
A. That all of APPLICANT'S activities, operations and equipment used within
FPC's right-of-way easement strip shall at all times be in strict com-
pliance with the applicable provisions of the National Electrical Safety
Code (NESC) and the applicable rules and regulations of the Occupational
Safety and Health Act of 1971 (OSHA).
B. That upon completion of operations, APPLICANT shall notify FPC's Super-
intendent of Transmission Rights-of-Way heretofore mentioned in above
Paragraph 4 for inspection of the easement strip.
C. That APPLICANT shall not use a dragline within FPC right-of-way.
D. That drainage retention ponds with underdrains be constructed and
located as shown on Exhibit A.
E. That any and all piping within FPC right-of-way have sufficient earth
cover to prevent breakage due to the operation of FPC's vehicles and
heavy equipment within right-of-way.
F. APPLICANT is hereby notified and agrees to so notify any representatives
or persons utilizing said areas with APPLICANT'S knowledge or under
APPLICANT'S control, that extreme caution is necessary around all guying
or related facilities, and in the event of any damages or injuries,
APPLICANT agrees to notify FPC inunediately.
G. APPLICANT agrees to install permanent markers showing the location of
the underground facilities within the right-of-way. Said markers
shall be APPLICANT'S responsibility at all times and APPLICANT'S duty
is continuing.
H. That a~ easily passable twenty feet (20') wide accessway be retained
along the length of the right-of-way easement strip and to all trans-
mission line structures, in the event of emergency or normal maintenance
and patrol conditions.
I. That all excavations for said APPLICANT'S utilization be a minimum of
twenty-five feet (25') from the nearest edge of FPC's transmission
structure or guying.
J. That APPLICANT supply FPC with a set of as-built drawings that locate
the drainage retention ponds and underdrains within the right-of-way
easement strip for FPC record information.
K. That APPLICANT assume full responsibility for the maintenance of the
ponds and underdrains and right-of-way easement strip.
L. The entire disturbed area within the right-of-way easement strip shall
be restored to a condition, at least that of which existed prior to
construction.
M. APPLICANT shall, prior to excavation, notify Mr.D. L. Hurm, Manager of
Teleconununications, Telephone 813/866-5223 ,_so _1:h~t, FPC' E>" {JIld~rgro.llnd
"Conununica tiorH:fCa151e'caii'be located.
N. That the ground elevation not be increased more than two feet (2').
O. That no below ground grade drainage or facilities be installed without
FPC's review and approval.
P. That the side slopes within the right-of-way easement strip be no steeper
than three feet (3') horizontally to one foot (I') vertically, and
APPLICANT to provide acceptable protection from erosion.
EX I-:
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