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RIGHT OF WAY UTILIZATION AGREEMENT WITH FPC , co' - u~.. ~"', 0..... Y', L. p::; r-.. ~) C"""~,~. ~, Z~X . ~UO~~ ::J;>-t~~~ l- .f-' wt:O<t; g::, 0 g,; ~ p::; ~ r:1 ~ o . C1 C~ ~ 4 41 D::; --- ----------- ' 4" I ' j T:~ ~.r3..<Jii>~,:'a CL-28 Rev 10/7/S0 1M , I OR1G1NAL~ o,R.5 101 PAGE 1198 80175836 RIGHT-OF-WAY UTILIZATION AGREEMENT ),- THIS October AGREEMENT, Made and entered into this 17th day of , 1~0, by and between FLORIDA POWER CORPORATION, the State of Florida, Party of the First Part ("FPC" herein), a corporation of and City of Clearwater P. O. Box 4748 Clearwater, Florida 33518 Party of the Second Part ("APPLICANT" herein); U{':'~:f:j'l P' NELI..AS Cfi.fUJR! CA ~M6~~ CLERl C1Rcurr CCUR':' '~ 1 I !i ~ ~ ~ ~ I !i: III ~ ~ sa PH ~II WHEREAS, FPC is the owner, possessor and user of a right-of-way easement recorded in Deed Book 1086 at Page 558 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 ease~ent 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: Gt: 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. L.'j C\:' Cl'7l 2. Tha t APPLICANT'S uti lization of FPC' s right-of-way easemen t 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 FPC's ri~lt-of-way easement strip consistent with the safe and efficient operation and maintenance of the existing and future high voltage elec- tric 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 FPC's Superintendent of Transmission Rights-of-Way (i.e., Mr. F. E. ~adger 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 FPe's right-of-way easement strip signifying the permission of such owner(s) for APPLICANT'S utili;~ation of said lands, and APPLICANT shall furnish to FPC's Real Estate Department a copy of each such easement or license prior to APPLICANT'S conuncncing initial activities within FPC's right-of-way easement strip. c:' , .. '.~'~:" ~.(~\J.'" ,," ('v' , ..'-...) . " 1,5)' L I. - 2 - I Q,R. 51 01 PAGE 1199 6. That FPC shall not be liable for any damage to APPLICANT'S utilization howsoev~r 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 Agree~ent 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 is inten- 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 APPLICANf, (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, defehd, 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 FPe'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 exi~ting and f~ture 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 rig~-of-way easement strip and any remedial action required to resolve subsequent conflict will be at APPLICANT'S sole expense. lO. That the validity of this Agreement is contingent upon APPLICANT first obtaining proper zoning, authority, approval and/or permit from the approprt~te 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. WITNESSES: R~~~ ofl.{/t;::Yk By: /.-~' WITNESSES: ~dj. . ~'. QJ~=~~ /: U (k- , ~v \ '.. ~'~r~ ~'t.. ""---.- R n lanes Property Manager Real Est~t€ Department / CI .ty ~~.'le:~~:Y-' 'I, By: ; Attest~ Countersigned~ Mayor- Commissioner , ',J. " ~;~ <-~ ~ Q\J - . t-: N 3'dcJd' - - ..... "62.t' r- .......-/ , Ao.:>z> 'x -=:>7 r:- 8ilI~([ 8([ -9 , I SEX "O'AT 1t\ "" -_ Q ill ":~ ~I(\ ~~ ~~~ lUlU t:~ ~C) < ::t <f , , -\..:" . )( X 'fl 'r\ ,} ~lij ~~ ----z~ 4J C) " /. \0 .1,,< " cMr:,1C- "'\.~ , t.~3~ -- \ I (~- \ ~. \ ~I ~~~ ~/ \ ~ :-./ U ~ o N 0- ~ II u: o uJ \f\ G Q... o ~ Q.. ...... ..... {'. d)~ ...... ....... fP ---- O,R, 51 0 1 PAGE 1200 PINELLAS COUNTY Sec tion 19, Township 28 South, Range 16 East ..... D ^/ Scale: 1" = 50' u FPC RIW -- -- -- \00' IF~-: j _ J d' ~J ~ I <~ ~ I ~ ~~ I <. I <!l I I I -t'~ . I <~. I l___j I I J 50' 501 ~ ~ ~ () ~~~ ~~\(\ ()\\j~ ',~ , , ''J ~~~ ~<~ ~~~ ~ 4J '\----- '>< I.u " . 'l REDept 9/17/80 US Home r----, L. I ~ <~ I I I I I I I I I rJ I ~ I I ~ I -e! I ~ I cP. t( <~ I ~ L., I I ~ I I I I , _-6~ .&[ ./' ./ /' I \~z ~O / "Ul::- / Nm I ~,' , ' , " r \oJ " j .~ " ~ , 1 ~ ,0.) . '>< 00 , llJ..s 6. I' ~~ , -- --- EXI-UBlr "A" . . I. I Q,R. 51 0 1 PAGE 12 0 1 "'1/ SPECIFIC REQUI~~S for Cleaning Drainage Retention Ponds with Underdrains and Grading Surrounding Area 1\. 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 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). B. That ur:on completion of operations, APPLICANT shall notify FPC's Superintendent of Transmission Rights-of-Way heretofore mentioned in above Paragraph 4 for in- spection of the easement strip. C. That APPLICANT shall use a small hydraulic crane instead of a boom type drag- line wi thin FR: right-of-way. D. That drainage retention r:onds with underdrains be constructed and located as shown on Rxhibit "A". E. That all piping within FR: right-of-way have sufficient earth cover to prevent breakage due to the operations of FR:'s vehicles and heavy equipment within right-of-way. F. That all excavations for said APPLICANT'S utilization shall have a mlnlmum radius of 50 feet from FPC's structure ANL-7l as shown on EXHIBIT "A". G. That an easily passable twenty feet (20') wide accessway be retained to all transmission line structures, in the event of emergency or normal maintenance and patrol condi tions . H. That APPLICANT supply FK~ wi th a set of as-built drawinqs that 1cx:ate the drainage ret~ntion r:ondsand underdrains within the right-of-way easement strip for FR: record information. I. That APPLICANT assume full resr:onsibili ty for the maintenance of the r:onds and underdrains and right-of-way easement strip. ~T. The entire disturbed area within the right-of-way easement strip shall be grassed and restored to a condition at least as good as that which existed to construction. K. That the side slopes within the right-of-way easement strip be no steeper than two feet (2') horizontally to one foot (1') vertically, and APPLICANT to pro- vide acceptable protection from erosion. L. That an accessway 60' wide along the west side be retained the length of right- of-way easement strip. M. APPLICANT is hereby notified and agrees to so notify APPLICANT'S employees, agents, contractors and other representatives who may be working within or otherwise engaging in l\PPLICM'T'S activities involving FR:'s right-of-way easement strip with APPLICANT'S knowledge or under APPLICANT'S control, that ,extreme caution is necessary around and in proximi ty to all of FPC' s facili ties, and in the event of any damages or injuries, ^PPLIC~IT agrees to immediately rer:ort the nature and extent thereof to FPC's Clearwater District Office at Teler;hone (813) 443-2661. N. That other than the retention area, no fill will be reITDvecl from the right-ot- way easement strip thereby altering existing grade and all excavated fill will be used to i~)rove the banks of the retention ponds and grading the easement area but not to exceed NESC provision regarding distances between ground level and conductors. EXHIBIT "8" [ US.HOme~] I I Florida Land Development I Central Division One Countryside Office Park · Suite 400 p, 0, Box 5088 . Clearwater, Florida 33518 (813) 796-0911 October 22, 1980 Mr. Cecil Henderson Ass't Director of Public Works City of Clearwater P. O. Box 4748 Clearwater, Florida 33518 RE: Florida Power Right-of-Way utilization In Countryside Dear Cecil: Enclosed please find 2 Right-of-Way utilization agreements which we have previously discussed and which have been revised. to show the City as "grantee". Please have the agreements executed through the appropriate channels and] 10/ v1 /?fO return to Florida Power as well as a copy to U. S. Home. Thank you for your efforts and cooperation in this matter. Sincerely, u. S. H(l\ffi CORPORATION FLORIDA LAND DEVELOPMENT/CENTRAL DIVISION -I~ J ~ Paul H. Corace Project Development Manager PHC: am Enclosure 04-314-205 04-004-205 ~ MGB 0 TCJ [J W.JS 0 RO.W. r~ CMH 0 RCS D ";'!) OI<'LD. , 0 IvIvVK II DGB [J .,JC p, S. [J AVM 0 JWR LAC [] ENV. o AlVIN 0 RJl\1 [] CG 0 <Ji-rlfE It _______________.______,_....' ."^---..,---.------------------..--- FILE _~...._.~._.__.~_..._..".._"__.__~.."_..~_ ,n \ \..GJl;,J'j" , C>'yv " "'~ "j REC[;lVf:.D '\ ~~ \ ---I ' ~( OCT 231980" v -1 City Uf Cle:HwaCd' ......-----\ ENt;.INEjj;H.E~G CJ'\, DEP ARTMEN'J.' , / '.. //~r\\;{) / PUBLIC WORKS DEPT.