RIGHT OF WAY UTILIZATION AGREEMENT (2)
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CL-157
11/10/86 LB :jlr
1'.R.6 q 0 !j PAGE
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: =~,;A} RIGHT-OF-WAY UTILIZATION AGREIlMENT QRIl.lI~L.
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THIS AGREEMENT, Made and entered into this 23rd day of
December , 1986, by and between FLORIDA POWER CORPORATION a
corporation of the State of Florida, Party of the First Part ("FPC" herein),
and CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida
33518, Party of the Second Part ("APPLICANT" herein);
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~ ~, I':" WHEREAS, FPC is the owner, possessor and user of a right-of-way
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A....., P:i i>easement recorded in Deed Book 1517 at Page 164 as Clerk's Instrument No.
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~~ t c ~178677A of the Public Records of Pinellas County, Florida, said easement
~'g ~ ~ M giving FPC the right by appropriate legal means, to restrict any occupancy or
: ;:9 J;j i ti utilization of the established right-of-way easement strip which would be or
Z 0 h F- ~could become inconsistent with the safe and efficient operation and maintenance
~ < a ~ 20f FPC's existing and future high voltage electric transmission lines and
tJ .,.; 0 ~ related facilities located thereon; and
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:E,e.u WHEREAS, APPLICANT now has or will have some right, title or
~ u interest in the lands encumbered by the aforementioned right-of-way easement
and desires to occupy and utilize a portion of said lands limited to purposes as
shown on sketch attached as Exhibit "A" and as indicated in Specific
Requirements attached as fuchibit "B" (sometimes referred to as"APPLICANT'S
utilization") and involving 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.
WIT N E SSE T H:
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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
utilization of 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
conform 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
electric transmission lines located thereon, and, therefore, APPLICANT's
failure to comply with any of said locations and conditions shall constitute an
infringement upon the rights and restrictions secured to FPC pursuant to the
said easement.
4. That FPC's Transmission Rights-of-Way Inspector (Le., Mr.
Joseph G. Brown, Jr. or his designated alternate, telephone (813) 866-5109,
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 FPC shall not be liable for any damages to APPLICANT's
utilization howsoever resulting from FPC's continued use and occupancy of the
right-of-way easement strip; FPC, howsoever, shall not willfully cause undue
damage to APPLICANT's utilization.
Page 1 of::3 Pages
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6. That APPLICANT hereby expressly understands, covenants and
agrees (a) that nothing contained in this Agreement or contemplated is
intended 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
liability (c) that liability arising out of the utilization and occupancy of FPC's
right-of-way easement strip by APPLICANT & 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 attorney's 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. With respect to any person not a party to
this Right-of-Way Utilization Agreement, however, nothing herein shall be
construed as a waiver by the APPLICANT of any of the defenses and
limitations available to the APPLICANT pursuant to Section 768,28, Florida
Statutes, or successor provisions thereto.
7. 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
right-of-way easement strip and any remedial action required to resolve
subsequent conflict will be at APPLICANT's sole expense.
8. That the validity of this 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 b,e 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:
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By:
,-( "FPC")
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roperty Manager
Real Estate Department
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Approved as to form'
and correc ness:
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CITY OF CLEARWATER, FLORIDA
("AP~) ~ ~_
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Page 2 of 3 Pages
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* * * * * * * * * *
STATE OF FLORIDA
SSe
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this
18th day of December, 1986, by RON SOLANES, Property Manager of
FLORIDA POWER CORPORATION, on behalf of the corporation.
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:.."(Notarial Seal)
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Notary Public
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.:.My ~Commission Expires:
Notary J'u,bllri, State of Florida al Large
- - 'My commission Expires JUNE 28. 1990
* * * * * * * * * * *
STATE OF FLORIDA
SSe
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this
31 st day of December , 1986 , by KATHLEEN F. KELLY, Mayor-Commissioner;
ANTHONY L. SHOEMAKEK, C1ty Manager; CYNTHlA E. GOUDEAU, C1ty Clerk; and
M. A. GALBRAlTH, JK., C1ty Attorney, ".~
of CITY OF CLEARWATER, FLORIDA.
(Notarial Seal)
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No a Pu c ,; : "
My Commission Expires:
l~otal'Y Plihhr, S::,[(] of Flolida .
My (OlllllliSSiofltxi'''CS Li;l 2i, ;"S8
Bonded i'111U In:.y F<:.:iri jn..;,-,Ii:l,,~,-, inc.
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(Cl..-157)
o,R.6 q 0 4 PAGE
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11-17-8" I RE-944L
Drawn by: /A, ANDe.R:~O~
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for paved parking, sidewalk, playfield and sign
O.R, 6 ~ 0 ~ P~GE 102
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 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
Inspector of Transmission Rights-of-Way heretofore mentioned in above
Paragraph 4 for inspection of the easement strip.
C. That the location of APPLICANT's utilization be substantially as shown on
Exhibit "A".
D, That the validity of this Agreement is contingent upon its being properly
executed on behalf of APPLICANT to signify APPLICANT's acceptance of
and agreement to abide by these terms and conditions. Failure to sign
this Agreement and return the marked copy to FPC within 30 days from
the date of agreement shall automatically render the Agreement null and
void.
E. APPLICANT is hereby notified and agrees to 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 immediately.
F. That APPLICANT furnish FPC with a set of as built drawings within thirty
days of final construction.
G. That other than FPC facilities, no overhead wires, poles, light standards,
trees, buildings, structures or obstacles shall be located, constructed or
installed within the right-of-way easement strip without written approval
by FPC.
H. That APPLICANT shall 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 the land involved in a
condition compatible with the surrounding area.
I. 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.
J. 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.
K. That a free easily passable twenty foot (20') wide accessway be retained
along the length of the right-of-way easement strip on or across
APPLICANT's paving, and to all transmission structures for use by FPC
for emergency access and for normal maintenance and patrol purposes.
L, That all excavations for APPLICANT's utilization be a minimum of fifty feet
(50') from the nearest edge of FPC's transmission structures or guying.
M, That APPLICANT shall not use a dragline or cable type crane within FPC's
right-of-way easement strip.
N. That any and all piping and/or culverts including any sprinkler system
piping within FPC's 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.
0, That no below ground grade drainage or facilities be installed without
FPC's review and written approval.
P. That all parked vehicles shall be of an operative and transient nature;
mobile homes, office trailers or carriers of explosive materials are
prohibited,
Page 1 of 2 Pages
EXHIBIT liB"
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Q,R.6 4 04 PAGE 103
Q. That any shrubbery planted within the easement strip shall be of a variety
not exceeding 12' in height.
R. That FPC shall not be liable for damages to any landscaping resulting from
operations necessary to maintain FPC's facilities.
S. That provision in NESC be adhered to regarding distances between ground
and conductors. Ground elevation must not be increased more than two
feet (2').
T. That any sprinkling system that may be installed shall spray to a maximum
distance of twenty five feet (25') from the nearest edge of FPC's
structures or guying and to a maximum height of ten feet (10').
U. If the utilization area is fenced APPLICANT shall install a sixteen foot
(16') gate in the fence making that portion of the right-of-way accessible.
Gate should have a lock installed by FPC.
V. That APPLICANT be responsible for clean up of any and all spills that may
occur within FPC's right-of-way strip. Such spills must be reported to
FPC immediately.
W. That APPLICANT's sign be a maximum of four feet (4') high and if the
sign is of a conductive type material it must be properly grounded as
outlined in the NESC,
X, That the validity of this Agreement is further contingent upon
APPLICANT's granting to FPC a 10-foot wide Distribution Easement
comprising the south 10 feet of FPC's existing 100-foot wide transmission
right-of-way easement strip across APPLICANT's lands.
Page 2 of 2 Pages
EXHIBLT "B"