RIGHT OF WAY UTILIZATION AGREEMENT WITH FPC
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RIGHT-{)F'""WAYUTILIZATION AGREEMENT
O.R. 51 01 PAGE 1202
THIS AGREEMENT, Made and entered into this' 17th day of
October , 1980, between FLORIDA PavER CORPORATION, a Florida corporation,
Party of the First Part, "GRANTOR" herein, and City of Clearwater, whose mailing
address is P. o. Box 4748, Clearwater, Florida 33518, Party of the Second Part,
"GRANTEE" herein;
'WI'lNESSETH :
WHEREAS, GRANTOR is the owner of the fee simple ti tIe and also the
owner, possessor and user of easement rights over, upon, across, through and
under certain strips of land serving as right-of-way corridors for GRANTOR'S
network of aerial electric transmission lines (and, in some instances, for
GRANTOR'S underground fuel oil pipeline) in Pinellas County, Florida, recorded
in O.R. Book 1528 at Page 222 as Clerk's Instrument No. 998388A, and D.B. 1608
at Page 438 as Clerk's Instrument No. 290914A, respectively, among the Public
Records of Pinellas County, Florida; said documents giving GRANTOR the right,
by appropriate legal means, to restrict any occupancy or utilization of the
right-of-way area which would be or could become inconsistent with the safe and
efficient operation, construction, reconstruction, maintenance or removal of
GRANTOR'S existing or future facilities therein; and
WHEREAS, GRANTEE is desirous of acquiring from GRANTOR the limited
right, privilege, license and/or easement to share in the occupancy and utili-
zation of certain portions of the said right-of-way corridors for the hereinafter
stated purpose only, and in only such mmner as will insure the integrity of
GRANTOR'S existing and future facilities therein; and
WHEREAS, GImN'IOR is willing to grant to GRANTEE the desired occu-
pancy and utilization, subject to certain terms and conditions;
NCW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. That for and in consideration of the sum of ONE DOLLAR ($1. 00)
as full compensation in hand paid by GRANTEE to GRANTOR, the receipt of which
is hereby acknowledged by GRANTOR, and in consideration of the covenants and
conditions herein contained, GRANTOR hereby grants to GRANTEE, and GRANTEE
hereby accepts from GRANTOR, the right to occupy and utilize the right-of-way
area for the sole purpose of installing, operating and maintaining a single
underground run of twelve inch (12") D.I.P. force main along, through and under
specifically delineated 15-fcx:>t wide strips of land contained within segments
of GRANTOR'S said right-of-way corridors as shown on print of sketch attached
hereto as EXHIBIT "A" incorporated herein and by this reference made a part
hereof, as may be reasonably necessary or convenient for GRAN'IEE'S full enjoy-
ment of the right-of-way area for the above purpose only.
2. That GRANTEE shall notify at least 48 hours prior to cormnencing
initial constroction activities within the right-of-way area, Mr. Dan Falvey,
Superintendent of Transmission Underground, telephone (813) 866-5729 and Mr.
F. E. Badger, Superintendent of Transmission Rights-of-Way, telephone (813)
866-5240, St. Petersburg.
3. GRANTEE is hereby notified and agrees to so notify GRAN'IEE' S
employees, agents, contractors and other representatives who may be working
within or otherwise engaging inGRAN'IEE'S activities involving GRANTOR'S right-
of-way area with GRAN'IEE'S knowledge or under GRANTEE'S control, that extreme
caution is necessary around and in proximity to all of GRANTOR'S facilities,
and in the event of any damages or injuries, GRANTEE agrees to irranediately re-
port the nature and extent thereof to GRANTOR'S Clearwater District Office at
telephone (813) 443-2661.
4. That all of GRANTEE'S activities, operation.s and equipment used
within GRANTOR'S right-of-way shall at all times be in strict compliance 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).
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Q,R. 51 0 1 PAGE 1203
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5. That upon completion of operations, GRANTEE shall notify
GRANTOR'S Superintendent of Transmission Rights-of-Way heretofore mentioned in
above paragraph 2 for inspection of the right-of-way area.
6. That GRANTEE shall furnish and install permanent markers as
specified by GRANTOR'S field representatives to shaw the location of GRANTEE'S
underground 12" force main within GRANTOR'S right-of-way area, and GRANTEE
hereby assumes the duty, responsibility, and obligation to perpetually maintain
said markers.
7. GRANTEE agrees to replace as soon as possible any of GRAN'IDR' S
pipeline markers that are damaged, moved or removed in the course of construction.
8. That GRANTEE shall not install cathodic protective devices with-
out first notifying GRANTOR'S Corrosion and Grounding Engineer, Mr. Edward R.
Beeman, telephone (813) 866-5727, St. Petersburg.
9. That GRANTEE restore GRANTOR'S right-of-way area to a condition
at least comparable to that which existed prior to GRANTEE'S utilization.
10. That GRANTEE furnish GRANTOR with a set of as-built drawings
within thirty days of final construction.
11. That no excavation occur within twenty-five feet (25') of any
transmission structure or guying.
12. That GRANTEE shall not operate a dragline within the right-of-way
area.
13. That all of GRANTEE'S force main piping maintain at least one
foot (1') of cover over GRANTOR'S existing oil pipeline. If soil coverage is
less than one foot (1'), GRANTEE will be required to provide concrete cover
slabs over GRANTOR'S pipeline as shown on Drawing No.A-S34-A-l MOD. attached
as EXHIBIT "B".
14. That GRANTEE shall obtain a legally sufficient easement or
license from the underlying owners of the easement area.
15. That GRANTEE specifically agrees to hold GRANTOR harmless from
the effects of induced electromagnetic ground circuit currents, including
damage resulting from lightning surges on the pipeline.
16. That GRANTOR cannot guarantee that GRANTEE'S utilization will
be completely compatible with the safe and efficient operation and maintenance
of GRANTOR's existing high voltage electric transmission lines within the right-
of-way area and any remedial action required to resolve subsequent conflict will
be at GRANTEE'S expense.
17 . That GRANTOR'S consent to GRANTEE 's use of the property described
herein is limited. Such conditional and restricted consent creates privileges
in the GRANTEE to use the land only insofar as the conditions herein are complied
wi th.
18. That, GRANTOR expressly reserves unto itself, its successors,
lessees and assigns, the continued right to occupy and utilize the entire right-
of -way area and to grant to other parties such privileges affecting the right-of-
way area as are not inconsistent with privilE?ges herein granted.
19. That GRANTOR shall not be liable for damages to GRANTEE'S utili-
zation and appurtenances howsoever resulting from GRANTOR'S occupancy and utili-
zation of the right-of-way area, however, GRAN'IDR shall not willfully cause un-
due damage to GRANTEE'S utilization.
20. That GRANTOR agrees to inform GRANTEE 30 days before building or
developing within the right-of-way area so that GRANTEE can relocate or remove
the utilization described herein should GRANTOR determine that such utilization
would interfere with GRANTOR'S facilities or use of said area.
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Q,R. 51 0 1 PAGE 12 0 ~
21. That upon GRANTEE. S breach of any covenant or condition con-
tained herein, this Agreement, after written notification by GRANTOR to
GRANTEE of such breach and upon failure of GRANTEE to remedy or remove such
breach within a period of five (5) working days after receipt of such written
notification, shall cease and terminate and shall become null and void and
the right herein granted shall thereupon immediately revert to the GRANTOR
in absolute; however, GRANTOR expressly does not waive any rights of recourse
GRANTOR may have against GRANTEE for damages sustained by GRANTOR as a re-
sult of such breach.
22. That GRANTOR hereby expressly reserves the right to revoke this
Agreement at will by giving GRANTEE 90 days written notice, and GRANTEE shall
have no right to compensation for any expenditures by GRANTEE upon revocation
of this Agreement.
23. Any costs, attorney.s fees or expenses incurred by GRANTOR in
construing or enforcing this Agreement shall be borne by the GRANTEE.
24. That nothing contained in this Agreement or contemplated is
intended to or shall increase GRANTOR'S risk of liability for personal injury
or death or for any property damage and it is hereby expressly understood and
agreed (a) that GRANTOR does not aSSlIDle any such additional risk, (b) that
liability arising out of the use and occupancy of the right-of-way area by
GRANTEE, GRANTEE.S employees, agents, contractors, or any representative is
hereby assumed by GRANTEE and shall be at the sole and exclusive risk of
GRANTEE and (c) that GRANTEE shall adequately police the right-of-way area,
answer and satisfy to GRANTOR.S satisfaction any and all complaints, and pro-
tect, defend, hold harmless and indemnify GRANTOR fran and against any and
all actions, claims, damages and/or loss, including costs and attorney's fees,
occasioned by or growing out of any actual or claimed usage or condition of
the right-of-way area or caused, incurred or arising in any manner whatsoever,
directly or indirectly, by reason of this Agreement, or the use and occupancy
of the right-of-way area by GRANTEE, GRANTEE'S employees, agents, contractors,
or any representative, howsoever resulting and irrespective of negligence.
25. That the validity of this Agreement is contingent upon
GRANTEE first obtaining proper zoning, authority, approval and/or permit fran
the appropriate 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.
26. That the validity of this Agreement is contingent upon GRANTEE
first obtaining letters of no objection from the adjoining neighbors at this
location.
27. That as a safeguard in respect to paragraph 24 above, GRANTEE
will carry policies of insurance acceptable to GRANTOR with respect to General
Liability with Bodily Injury limits not less than $200,000 each person and
$500,000 each occurrence and with Property Damage limits not less than
$50,000 each occurrence and $100,000 aggregate. GRANTEE will have the insurance
policies mentioned endorsed by their insurance carrier to provide blanket con-
tractual coverage expressly with respect to paragraph 24 above, to the full
limits of and for the liabilities insured under said policies; and prior to
commencing initial construction activities within the right-of-way area,
GRANTEE will furnish GRANTOR with a completed certificate, in duplicate, on
the attached Modified Form 980 404 (S) evidencing insurance coverage of the
liability asslIDled under said paragraph 24.
IN WITNESS VilHEREOF, the said GRAN'IDR and GRANTEE have caused these
to be executed in their respective corporate names by their proper
thereunto duly authorized and their respective corporate seals to be
affixed and attested, all as of the day and year first above ~j;~'~:":",,
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STA'IE OF FlDRIDA )
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COUNTY OF PINELLAS)
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FlDRIDA POWER CORPORATION
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Attest:
(as GRAN'IDR)
CITY OF CLEARWATER
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Countersigned:
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Mayor-Commissioner
(as GRANTEE)
The foregoing instrument was acknowledged before me this 17th day
of October , 1980, by Ned B.Spake and Betty M. Clayton
, respectively"" Vice President and Assistant
Secr~'tary of FLORIDA POWER CORPORATION, a Florida Corporation, on behalf of the
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Q,R. 51 0 1 PAGE 1206
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STATE OF FLORIDA )
) SSe
COUNTY OF PINELLAS)
The foregoing instrument was acknowledged before me this 29th
day of October , 1980, by Anthony L. Shoemaker, City Manager;
Lucille Williams, City Clerk; Thomas A. Bustin, City Attorney;
and Charles F. LeCher, Mayor-Commissioner, of the
CITY OF CLE1\RWATER, FLORIDA, a municipal corporation of the State of Florida,
onben~rf:bt,theCity.
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O.R. 51 0 1 PAGE 1207
PINELLAS COUNTY
Section 20,
Township 28 South,
Range 16 East
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NOTES:
1. Cone ,hould hove min, strength 0' 3000PS,1.
2 Re bar i. ASTM ASI5 grade 40,
3. Cone, .hould be cost on .moolh .ur'uce
(Form)
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MATERIAL LIST FOR EACH SLAB
EDGE CE
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CONCRETE
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REINFORCING STEEL
DETAIL 'A"
S(AU~ J".. 1'.0"
6 - No, 5 bar, at 9'.8" ( tolol footogo) ~ 58' - .0"
11- No, 5 ba" 01 4' . 8" ( tolol foologe) = 51' . 4"
4 - No.5 bars at 10" ( tot 01 'ootoge) = 3' . 4"
Z - No,5 bora at II _ 2'1 ( to'ol 100toO.) = 2' - 4"
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FLORIDA POWER CORPORATION
ST, PETERSBURD, FLORIDA
DRAWING NO, Il-S 34 -/1- 1/10D.
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