RIGHT OF WAY UTILIZATION AGREEMENT
CL-82 5/18/82 JLB
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RIGHT-OF-WAY UTILIZATION AGREEMENT
THIS
June
a corporation
and
AGREEMENT, Made and entered into this 9th
, 19JL4 by and between FLORIDA POWER
of the State of Florida, Party of the First Part
City of Clearwater
10 South Missouri Avenue
Clearwater, Florida 33516
day of
CORPORATION,
("FPC" herein),
Party of the Second Part ("APPLICANT" herein);
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WHEREAS FPC is the owner, possessor and user of 3 right-of-way
easements recorded in O. R. Book 1648 at Page 370/374, o. R. Book 1623 at
Page 56/59, and O.R. Book 1571 at Page 187 as Clerk's Instrument No. 180858
of the Public Records of Pine11as 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 existi'g 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 o~cupy and utilize a portion of said lands limited to purposes
as indicated in Specific Requirements attached as Exhibit "B" (sometimes referred,
to as "APPLICANT'S utilization") and involving said right-af-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
provide"d and the terms and cobditions 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 FPC's 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 FPC's right-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.,
~rr. 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 permission of such owner(s)
for APPLICANT'S utilization 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 commencing initial activities within FPC's right-of-way easement
strip.
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6, That FPC sha 11 not be liab Ie 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 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 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 rigtt-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 t~is Agreement is contingent upon
APPLICANT first obtaining proper zoning, authority, approval and/or permit
from 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.
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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WITNESSES:
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FLORIDA POWER CORPORATION
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Ron Solanes
Property Manager
Real Estate Department
("FPC")
WITNESSES:
CITY OF CLEARWATER ,_ FLORIDA
~ ' ("APPLICANT")
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SPECIFIC REQUIREMENTS
for a 12" Sanitary Sewer
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 compliance with the applicable provisions
of the National Electrical Safety Code (NESC) and the appli-
cable rules and regulations of the Occupational Safety and
Health Act of 1971 (OSHA).
B. That upon completion of operations, APPLICANT shall notify
FPC'S Superintendent of Transmission Rights-of-Way heretofore
mentioned in above Paragraph 4 for inspection of the easement
s tr ip.
C, APPLICANT is hereby notified and agrees to so notify any repre-
sentatives 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 immediately.
D, That the location of APPLICANT'S utilization be substantially as
shown on Exhibit "A",
E. That other than FPC facilities, no overhead wires, poles, light
standards, trees, buildings, structures, signs or obstacles shall
be located, constructed or installed within the right-of-way
easement strip without written approval by FPC.
F, The entire disturbed area within the right-of-way easement strip
including FPC patrol road shall be restored to a condition, at
least as good as that which existed prior to construction,
G, That an easily passable twenty-feet (20') wide accessway be
retained&ong the length of the right-of-way easement strip and
to all transmission line strucutres, in the event of emergency
or normal maintenance and patrol conditions,
H, That no parking or storage occur under or near FPC facilities.
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 shall not use a dragline or cable type crane within
FPC'S right-of-way easement strip.
K. That any and all piping or culverts within FPC right-of-way have
sufficient earth cover to prevent breakage due to the operation of
FPC'S vehicles and heavy equipment within the right-of-way.
L, That any shrubbery planted within the easement strip be a low-
growing variety,
M, That FPC will not be responsible for damages to shrubbery or other
landscaping resulting from operations necessary in the right-of-way
easement strip to maintain FPC'S facilities,
N, APPLICANT agrees to furnish and 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.
O. That APPLICANT shall not install cathodic protective devices without
first notifying FPC'S Corrosion and Grounding Engineer, Edward R. Beeman
(813) 866-5727, St. Petersburg.
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P. That APPLICANT furnish FPC with a set of as-built drawings within
30 days of fina120nstruction.
Q. That all trash or debris buried within the right-of-way utilization
area shall have at least three feet (3') of compacted soil coverage,
R. That APPLICANT assume the sole duty, responsibility and obligation of
mowing and otherwise maintaining the surface of the portion of FPC'S
right-of-way easement strip upon and across APPLICANTS land.
S. 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.
T, That the validity of this Agreement is contingent upon its being
properly executed on behalf of APPLICANT to signify APPLICANT'S
acceptance of agreement to abide by the terms and conditions.
Failure to sign this Agreement and return the marked copy to FPC
within 30 days from the date of ~greement shall automatically
render the Agreement null and void,
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