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LICENSE AGREEMENT (2) y '3t.CHG I (JOC7 0 . . t!.. tx::./-... 40 Rec~ras? 46 Po~ Total i7f "fOQ'rHIS LIMITED LICENSE PRIVILEGE AGREEMENT, Made and entered into this 18th day of December , 1986, by and between FLORIDA POWER CORPORATION, a Florida corporation, Party of the First Part, "LICENSOR" herein and CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Florida 33518, Party of the Second Part, "LICENSEE" herein; 8700~004 CL-156 10/24/86 ~184 O'~HAGE 104 J! c ! N .!!! A G R ! ! M ~ Nk ~.I':lAL WITNESSETH: WHEREAS, LICENSOR is the owner of the fee simple title to (a.mong other lands)in the NW 1/4 of SE 1/4 comprising a portion of LICENSOR's electric transmission right-of-way lands in Pinellas County, Florida, an 800 foot long C~ strip of said tract being hereinafter referred to as the "License Area" and E ;! ~enera1ly described as shown on sketch attached hereto as Exhibit "A" and by "B -;: ~his reference incorporated herein and made a part hereof; ~ ~ 0 ~ '""......, ~ ob ~ ,. >, c ;;.and, ~~ Q ~ f/~ -8 E ~ M ~ II g ':,...;j WHEREAS, LICENSEE is desirous of acqUIrmg from LICENSOR the E ~ -< ~ ~limited privilege and license to occupy and utilize the License Area for S ..q, ~parking ::<1u,,=~ '" Il.) ~ t; ~ 0 "'and .S ..... 2 ' 0...... >-.U ... U tIl ~ WHEREAS, LICENSOR is willing to grant to LICENSEE the desired limited privilege and license for such occupancy and utilization, subject to certain terms and conditions as stipulated below along with specific requirements as shown on attached Exhibit "B" and by this reference incorporated herein and made a part hereof. <"" m '"':"~ (- --;.' c~ ...... on " ref) OV~M L..,-l>- L'P:;:-1' ' ~ < ~,...;j~t:l uo.... ~ .. >< P:;: E-IE--or.il ~O.E-- ~ p.,~ p:;: <r: ~ ,...;j u NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. That LICENSOR hereby grants to LICENSEE, and LICENSEE hereby accepts from LICENSOR, the limited privilege and license to occupy and utilize the License Area for the sole purpose of parking together with such other limited privilege and license as may be reasonably necessary or convenient for the full enjoyment of the License Area for the above. purpose only. 2. That for and in consideration of the foregoing limited privilege and license, the LICENSEE hereby covenants to pay to LICENSOR a yearly fee, . in an initial amount of $10.00 payable in advance, commencing January 1, 1987, for each and every calendar year while this limited privilege and license remains in effect. The yearly fee may be recomputed each subsequent year by LICENSOR and may be adjusted as appropriate to reflect fluctuations in the real estate value and other variables attributable to the License Area. LICENSOR shall mail a yearly billing invoice to LICENSEE, and LICENSEE's advance yearly fee checks shall be made payable to FLORIDA POWER CORPORATION and mailed to LICENSOR. 3. That LICENSEE shall notify, at least 48 hours prior to commencing initial construction activities within the License Area, Joseph G, Brown, Jr., Transmission Rights-of-Way Inspector, telephone (813) 866-5109, S1. Petersburg. 4. It is expressly stipulated by the said LICENSOR and LICENSEE that this License Agreement is a license for permissive use only and that the placing of any improvement upon the property pursuant to this Agreement shall not operate to create or vest any property right in said LICENSEE, 5. It is expressly stipulated by the said LICENSOR and LICENSEE that the privileges provided herein create no perpetual rights but determinable privileges depending solely on the conditions in this Agreement and at no time shall this License Agreement be construed as a License coupled with an interest. 6. That LICENSOR's consent to LICENSEE's use of the property described herein is limited. Such conditional and restricted consent creates privileges in the LICENSEE to use the land only insofar as the conditions herein are complied with, ,... <-- :: ~;:~' ~. L,:) c' ~;; <".,',-; <"""1 -r'l ~t1: t-. -.i ",;,' ...--,1 :nS f-':~__-~ c- ?,.~ f." ~ ,.,r -, -0 3: (I Ii J t! G. P(:n ~v) LU. 1/' '-II F 7 ()pLI /r:1u J \--' ... co -./ \ ( /\ I ./7/ "r/ I I 0, R. 8 4 0 4 PAGE 105 7. That LICENSOR expressly reserves unto itself, its successors, lessees and assigns, the continued right to occupy and utilize the entire License Area and to grant to other parties such privileges affecting the License Area as are not inconsistent with privileges herein granted. 8. That LICENSOR shall not be liable for damages to LICENSEE's utilization and appurtenances howsoever resulting from LICENSOR's occupancy and utilization of the License Area. LICENSOR, however, shall not willfully cause undue damage to LICENSEE's utilization. 9. That LICENSOR agrees to inform LICENSEE 30 days before building or developing within the License Area so that LICENSEE can relocate or remove the utilization described herein should LICENSOR determine that such utilization would interfere with LICENSOR's facilities or use of said area. 10. That upon LICENSEE's breach of any covenant or condition contained herein, this License Agreement after written notification by LICENSOR to LICENSEE of such breach and upon failure of LICENSEE 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 privilege and license herein granted shall thereupon immediately revert to the LICENSOR in absolute, and LICENSEE shall forfeit the remainder of the yearly fee; however, LICENSOR expressly does not waive any rights of recourse LICENSOR may have against LICENSEE for damages sustained by LICENSOR as a result of such breach. 11. That LICENSOR hereby expressly reserves the right to revoke this License Agreement at will by giving LICENSEE 30 days written notice, and LICENSEE shall have no right to compensation for any expenditures by LICENSEE upon revocation of this License Agreement, except the LICENSOR shall return the unearned portion, if any, of the yearly fee paid by LICENSEE hereunder. 12. Any costs, attorney's fees or expenses incurred by LICENSOR in construing or enforcing this License Agreement shall be borne by the LICENSEE. 13. That this privilege and license is personal to LICENSEE and shall not be assigned or transferred in whole or in part. 14, That nothing contained in this License Agreement or contemplated is intended to or shall increase LICENSOR's risk of liability for personal injury or death or for any property damage and it is hereby expressly understood and agreed (a) that LICENSOR does not assume any such additional risk, (b) that liability arising out of the use and occupancy of the License Area by LICENSEE, LICENSEE's employees, agents, contractors, or any representative is hereby assumed by LICENSEE and shall be at the sole and exclusive risk of LICENSEE and (c) that LICENSEE shall adequately police the License Area, answer and satisfy to LICENSOR's satisfaction any and all complaints, and protect, defend, hold harmless and indemnify LICENSOR 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 the License Area or caused, incurred or arising in any manner whatsoever, directly or indirectly, by reason of this Limited License Privilege Agreement or the use and occupancy of the License Area by LICENSEE, LICENSEE's employees, agents, contractors, or any representative, howsoever resulting and irrespective of negligence. With respect to any person not a party to this License Agreement, however, nothing herein shall be construed as a waiver by the LICENSEE of any of the defenses and limitations available to the LICENSEE pursuant to Section 768,28, Florida Statutes, or successor provisions thereto. 15. That the validity of this Agreement is contingent upon LICENSEE 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. -2- ~ I I ) Q,R.6 4 04 PAGE 1 0 6 IN WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these presents to be executed in their respective corporate names by their proper officers thereunto duly authorized and their respective corporate seals to be hereunto affixed and attested, all as of the day and year first above written. Signed, sealed and delivered in the presence of: ~ 1llO. Wo..Q.Qa..c.sL- CORPORA TION By ,,)I/~a O~ Attest: ~t?~/YJ Assistant Secre ary (as LICENSOR) ~P~Hx~~x~~M~~ mX~XJOK~X~X C.o, u.ln. n..,.,f '......er:.. ~l.....g..n.., e d :7'/." ,.. . './ //. ,.r j :'1 ) / /' · ,,/ ~,: .' ,/~/7'1 (L/Z/jUC:1 ' ,({ {Uj' ~ayor-Commissioner ;1' Ii ~/ By Attest: 0^^~~~~ .~ ~Ci ty Clerk (a LICENSEE) * * * * * * * STATE OF FLORIDA ss. COUNTY OF PINELLAS ~'~ ,. :/ ~ I ,<, ",'1 '. .:,~. /.:> ."- The foregoing instrument was acknowledged before me this i",,,-~,,r9th day' of December ~ 1986, by G. C. Moore as Vice Presi- ~: l>.~r.:t;Ripd ,Cathleen P. Kortriqht as Assistant Secretary on behalf of '/ 1; FIj)J~....IDAPOHER CORPORATION. -,-" Q _ ~\t~':::-., ':'"'., ..- \::. (f.JJtiaFfal Seal) My>Cbrtuni ss ion Expires: Notary Public, . State of Florida at Large My Commission Expires JUNE 28, 1990 ~~2ff Notary Public * * * * * * * -3- I I 0, R. 6 4 0 q PAGE 1 0 7 * * * * * * * * 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, , -' ANTHONY L. SHOEMAKER, CYNTHIA E. GOUDEAU, and M. A. GALBRAITH, JR., Mayor-Commissioner, City Manager, City Clerk, and City Attorney, respectively, of the CITY OF CLEARWATER, FLORIDA. ,(' . .,. (Notarial Seal) '/M~~;Y'/~.. :,:~C~~.'...'~ No r PUbI'~4';::l ',:,', . .: ~.\..-.: ~, . '~ ~~. ....... ~' . ' .~.... t"i/~,,"~.~ ,........ ~~. M~ Comm~~~i?n Expires: t~.r1tthrF fit-,;,,', ',',,'. , .-' '_" My (()m[i,liL~Cl" d..) ~~!l4~~, Ibru... \~~Y. fi.jil~::: In.>\.if':'u'';;, .;I';';! * * * * * * * * <..".;' .... -4- .. . I . .. Q,R.6 4 04 PAGE 108 I ..J' -0 ~ r m en - (") z --j (T1 . m z -...] r t1 ~ r r ~~~ , ~ E;. (\ , "=2W'!-----. (11 ~ ~ m ~ z ..,.. ry...nunr/L l'l ~ :n 0 , v :u 11 m () :n ... n Q . r -t ;ll ~ 0 ? ~ ('l I /'""- 31 ,... - C iJ m 6' ~ I'l Z r '!' I i [' ~ m ~ z. (T1 z: -< Jil /II z -.J In ~ f! t. Florida Power Corp, Real Estate Dept. JOLP C.OA,CI-(/M..N RD. .J I I.. q:" U. , ~- O"E~FLO\\I ~ ~ ill, 5. ~ ~ 11\ ill. It ' J: ~ I VI F.p-c. (FEE-~) R/W-;/ ~ _ mm_'~'___mm__ 115':I:'~ "" P~k:INq I' ~ 5.4.. OIL- PIPEWt-JE \)I. .. ..... II m 'TI ~ (Tl r tl 8 '-.t- ~ \l ~ ~ 'J tr F.p.c.(FEE'Cl'.Vt-JEP)"fW ~~ ~ 1m \ \l l> (T1 -..J' Z m ~ OJ (l1 ;:> 7J r r . "";>\ ~" N - \ (\\ z n I UI ~ .j> ~ CITY OF CLEA.~\vt...."TER CVE.RFLC>\V PAJ<.K.ltoJ<9 (CL-I~) 10-30-8(" I RE.'~37 L Drawn by: lA., A.t-.JDER70~ EXHIBIT "A" " I , Q,R.64 04 PAGE 109 ~ ~ ~. C I !: I C R ~ ~ U I R ~ M ~ N T ~ for parking A. That all of LICENSEE's activities, operations and equipment used within LICENSOR's right-of-way 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, LICENSEE shall notify LICENSOR's Inspector of Transmission RIghts-of-Way heretofore mentioned in above Paragraph 3 for inspection of the right-of-way strip. C. That the validity of this Agreement is contingent upon its being properly executed on behalf of LICENSEE to signify LICENSEE's acceptance of agreement to abide by the terms and conditions. Failure to sign this Agreement and return the marked copy to LICENSOR within 30 days from the date of agreement shall automatically render the Agreement null and void. D, LICENSEE is hereby notified and agrees to so notify any representatives or persons utilizing said areas with LICENSEE's knowledge or under LICENSEE's control, that extreme caution is necessary around all guying or related facilities, and in the event of any damages or injuries, LICENSEE agrees to notify LICENSOR immediately. E. That LICENSEE furnish LICENSOR with a set of as built drawing within thirty days of final construction. F, That other than LICENSOR's facilities, no overhead wires, poles, light standards, trees, buildings, structures, signs or obstacles shall be located, constructed or installed within the right-of-way strip without written approval by LICENSOR. G, That LICENSEE shall assume the sole duty., responsibility and obligation of mowing and otherwise maintaining the surface of the portion of LICENSOR's right-of-way strip upon and across the land involved in a condition compatible with the surrounding area. H.The entire disturbed area within the right-of-way strip including LICENSOR's patrol road shall be restored to a condition at least as good as that which existed. prior . to construction. 1. That a free easily passable twenty foot (20') wide accessway be retained along the length of the right-of-way strip including to all transmission line structures and on or across said parking area for use by LICENSOR for emergency access and for normal maintenance and patrol purposes. J. That all excavations for LICENSEE's utilization be a minimum of twenty-five feet (25') from the nearest edge of LICENSOR's transmission structures or guying . K. That LICENSEE shall not use a dragline or cable type crane within LICENSOR's right-of-way strip. L. That any and all piping and/or culverts within LICENSOR's right-of-way have sufficient earth cover to prevent brPAkage due to the operation of LICENSOR's vehicles and heavy equipment within the right-of-way. M. That no below ground grade drainage or facilities be installed without LICENSORls review and written approval. N. That all vehicles shall be of an operative and transient nature; mobile homes, office trailers or carriers of explosive materials are prohibited. 0, That any shrubbery planted within the right-of-way strip shall be of a variety nQ exceeding 121 in height, P. That LICENSOR shall not be liable for d~lDages to said landscaping or parking resulting from operations necessary to maintain LICENSOR's facilities, Page 1 of2 Pages EXHIBIT liB" """ - ~:.:. \ ~ . 'I lO,R.6 4 04 PAGE 11 0 Q, That provision in NESC be adhered to regarding distances between ground and conductors. Ground elevation must not be increased more than two feet (2'). R, If the license area is fenced LICENSEE 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 LICENSOR. S. That LICENSEE be responsible for clean up of any and all spills that may occur within LICENSOR's right-of-way strip. Such spills must be reported to LICENSOR immediately. T. That LICENSEE shall notify LICENSOR's Superintendent of Transmission Underground (Le.), D.M. Falvey or his designated alternate, 813/866-5729, St. Petersburg at least 48 hours prior to LICENSEE's performing any excavation within LICENSOR's right-of-way astrip in order that LICENSOR may arrange for an authorized representative to be on site to assist in establishing the existing location of LICENSOR 's underground fuel oil pipeline and to observe all excavation activities in proximity to said pipeline within LICENSOR's right-of-way strip. U. That no parking be allowed within fifty feet (50') of any transmission structure or guying, , ... Page 2ef 2 Pages EXHIBIT "B"