AMENDMENT TO LICENSE AGREEMENT
e
City of Clearwater
NC 74 to NC 75 230 KV Line and Hot on Pipeline
ETS #20050218
AMENDMENT TO LICENSE AGREEMENT
This Amendment to License Agreement (hereinafter referred to as the
"Amendment"), made and entered into on this I~~ day of~2005, by and between
PROGRESS ENERGY FLORIDA, INe., a Florida Corporation (PEF), whose mailing address is
3300 Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as
"LICENSOR"); and City of Clearwater ( Park and Recreation Department) whose mailing
address is P.O. Box 4748, Clearwater, Florida 34618 (hereinafter referred to as
"LICENSEE"), herein;
WITNESSETH
WHEREAS, LICENSOR and LICENSEE have heretofore entered into that certain
License Agreement dated 9 Nov., 1995 (hereinafter referred to as the "Agreement"), a copy of
which is attached hereto as a composite "EXHIBIT A" and is, by this reference, made a part
hereof, which Agreement established the terms and conditions pursuant to which LICENSOR
agreed to allow LICENSEE the privilege and license to occupy and utilize a portion of the NW
. 1/4 of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida being
hereinafter referred to as the "License Area" and with the location and extent of said License
Area being substantially as depicted on print of sketch attached hereto in "EXHIBIT A"; and
WHEREAS, LICENSEE has been granted the limited privilege and license to occupy and
utilize the License Area for a Parking Area; and access drive
WHEREAS, the parties to the Agreement are willing to make such Amendment to
License Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is
hereby covenanted and agreed by and between the parties as follows:
1. The Agreement is hereby amended and modified as follows: Extend concrete
sidewalk to two handicap parking spaces per exhibit "B";
2. Except as herein amended and modified, all of the terms, conditions, covenants,
agreements, representations, and warranties of the Agreement are and shall remain in
full force and effect.
3. LICENSOR, by this execution hereof, hereby represents, warrants, and certifies that,
to the best of its information and belief, LICENSEE has fully performed all of its
duties and obligations under the Agreement and that, to the best of LICENSOR's
information and belief, the Agreement is not in default as of the date hereof.
Page 1 of2
EXH\B\l A
S-95-6 5/11/95 JLR
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LICENSE AGREEMENT
TIllS LIMITED LICENSE PRIVll..EGE AGREEMENT, Made and entered into this
qtt.-day of ~ 1995, by and between FLORIDA POWER CORPORATION, a Florida
corporation, "LICENSOR" herein, and City of Clearwater (Parks and Recreation Department),
P.O.. Box 4748, Clearwater, Florida 34618, "LICENSEE" herein;
WITNESSETH:
WHEREAS, LICENSOR is the owner of the fee simple title to (among other lands) area
of said site being hereinafter referred to as the "License Area" and generally described as shown
on sketch attached hereto as Exhibit "A" and by this reference incorporated herein and made a part
hereof; and
WHEREAS, LICENSEE is desirous of acquiring from LICENSOR the limited privilege
and license to occupy and utilize the License Area for an asphalt parking lot; and
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.
NOW, TIIEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
A. 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 an asphalt parking lot 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.
B. 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 $6,000.00,
payable in advance together with applicable Florida State Sales Tax in addition thereto, commencing
1- June 1, 1995, 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 according to standard CPI. 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.
C. 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.
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D. It is expressly stipulated by the said liCENSOR and LICENSEE that the privileges
provided herein create no perpetual rights but detenninable 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.
E. 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 compliance with the conditions herein is continued.
F. 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.
G. That liCENSOR agrees to inform liCENSEE thirty (30) days before constructing
additional electrical facilities within the License Area so that liCENSEE can relocate or remove the
utilization described herein should liCENSOR determine that such utilization would interfere with
UCENSOR's facilities or use of said area.
H. That upon liCENSEE's breach of any covenant or condition contained herein, this
License Agreement after written notification by liCENSOR to UCENSEE of such breach and upon
failure of UCENSEE 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 UCENSOR
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 UCENSEE for
damages sustained by UCENSOR as a result of such breach.
1. That UCENSOR hereby expressly reserves the right to revoke this License Agreement
at will by giving UCENSEE thirty (30) days' written notice, and liCENSEE shall have no right
to compensation for any expenditures by UCENSEE upon revocation of this License Agreement,
except the UCENSOR shall return the unearned portion, if any, of the yearly fee paid by
UCENSEE hereunder.
J. That any costs, attorney's fees or expenses incurred by UCENSOR in construing or
enforcing this License Agreement shall be borne by the UCENSEE.
K. That this privilege and license is personal to UCENSEE and shall not be assigned or
transferred in whole or in part without the express prior written consent of liCENSOR, which
consent of UCENSOR shall be solely at UCENSOR's discretion.
L. That the validity of this Agreement is contingent upon UCENSEE 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.
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Page 2 of 5 Pages
M. That UCENSOR shall not be liable for any damages to UCENSEE's utilization
howsoever resulting from UCENSOR's continued use and occupancy of the License Area;
UCENSOR, however, shall not willfully cause undue damage to UCENSEE's utilization.
N. That UCENSOR's Transmission Rights-of-Way Inspector (i.e., Mr. Terrence L.
Whitecar or his designated alternate, telephone 813/ 866-5109, St. Petersburg) shall be notified by
UCENSEE at least forty-eight (48) hours prior to UCENSEE's commencing initial activities within
the License Area.
O. ThatUCENSEE shall comply with all federal, state and local laws, rules and regulations
in respect to the use of the corridor. UCENSEE shall not store, dispose of, treat or generate any
hazardous waste or hazardous substance on the corridor without the express advance written
approval from UCENSOR. Approval from UCENSOR shall be solely at the UCENSOR's
discretion. The terms "hazardous waste" or "Hazardous substance" shall be as defmed in 40 C.F.R.
Part 261 and in 40 C.F.R. Part 300. Failure to comply with this Paragraph "0" shall be cause for
immediate cancellation of this Agreement and UCENSEE expressly agrees to be liable to
UCENSOR pursuant to Paragraph "X(e)" for any violation of this Paragraph "0".
P. That a free and easily passable twenty foot (20') wide accessway be retained along the
length of the License Area and to all transmission structures for use by UCENSOR for emergency
access and for normal maintenance:and patrol purposes.
Q. That UCENSEE shall not use a dragline or cable type crane within the License Area.
R. That UCENSEE shall adhere to provisions in NESC regarding clearances between
ground level and electric conductors. Ground elevation must not be increased more than two feet
(2').
S. That if the utilization area is fenced UCENSEE shall install a sixteen foot (16') wide gate
in the fence making that portion of the License Area accessible. Gate should have a lock installed
by UCENSOR.
T. That UCENSEE shall assume the sole duty, responsibility and obligation of mowing and
otherwise maintaining the surface of the portion of the License Area upon and across the land
involved in a condition compatible with the surrounding area.
U. That the entire disturbed area within the License Area including UCENSOR's patrol
road, shall be restored by liCENSEE to a condition at least as good as that which existed prior to
construction.
V. That upon completion of operations, liCENSEE shall notify liCENSOR's Transmission
Rights-of-Way Inspector heretofore mentioned in above Paragraph "N" for inspection of the License
Area.
W. That UCENSEE shall furnish liCENSOR with a set of as-built drawings within thirty
(30) days of fmal construction.
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J That UCENSEE hereby expressly understands, covenants and agrees (a) that nothing
contaihed in this Agreement or contemplated is intended to or shall increase UCENSOR's liability
for pe~sonal injury or death or for any property damage, (b) that UCENSOR does not assume any
such dditional liability, ( c) that liability arising out of the utilization and occupancy of
UCE SOR's License Area by UCENSEE and UCENSEE's employees, agents, contractors,
invit s or any representative, is hereby assumed by UCENSEE and shall be at the sole and
exclu 've risk of UCENSEE, (d) that UCENSEE shall answer and satisfy to UCENSOR's
satisf tion any and all complaints relative to UCENSEE's utilization ofUCENSOR's LicenseArea
(e) th t UCENSEE shall protect, defend, hold harmless and indemnify UCENSOR to the fullest
extent permitted by law from and against any and all actions, claims, damages and/or loss,
indud ng, but not limited to actions or claims from UCENSEE's employees, contractors, and
inclu g, but not limited to, claims for remediation, damages or fines from governmental entities,
which may be assessed now or in the future, together with any costs attorney's fees, occasioned by
or gr wing out of any actual or claimed usage or condition of the License Area arising in any
mann r whatsoever, directly or indirectly, by reason of this Agreement for UCENSEE's utilization
thereo , and (f) that UCENSEE covenants not to interfere with UCENSOR's existing and future
high oltage electric transmission lines and related facilities in any manner whatsoever and shall
fully i demnify UCENSOR from any and all losses as in Section "(e)" above resulting from such
, interf ence.
That UCENSEE's operations, activities and equipment used within the License Area
beneat or in proximity to any of :LICENSOR's electric facilities shall, at all times, be in strict
comp ance with applicable provisions of the National Electrical Safety Code (NESC) and the
Occup tional Safety and Health Act of 1971 (OSHA). UCENSEE is further notified and hereby
agrees to so notify any of UCENSEE's employees, agents, contractors, representatives or other
perso s engaging in UCENSEE's activities upon said License Area with UCENSEE's knowledge
and u der UCENSEE's supervision or control, that extreme caution is necessary around all of
UCE SOR's electrical facilities, supporting structures, anchor guys or related appurtenances, and
in the vent of any damages or injuries, UCENSEE shall immediately report the nature and extent
thereo to UCENSOR's nearest local office.
Z That as a safeguard in respect to Paragraph "X" above, UCENSEE will maintain at its
own c st and expense from an insurance company licensed to do business in the State of Florida,
or pro ide as a qualified self-insured Florida public entity general liability coverage with bodily
injury d property damage limits not less than $100,000 each person and $200,000 each occurrence
plus y excess liability insurance coverage purchased by UCENSEE. The purchase of excess
liabilit insurance shall be at the sole option of the UCENSEE, but prior to commencing initial
cons ction activities within the License Area, UCENSEE will furnish UCENSOR with a
certifidate of insurance or a letter of self insurance showing insurance coverage as provided for in
said pkgraphs "X" and "Z" hereof.
Page 4 of 5 Pages
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IN WITNESS WHEREOF, the said UCENSOR and UCENSEE 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.
WITNESSES:
FLORIDA POWER CORPORATION
(as UCENSOR)
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By
WITNESSES :
City of Clearwater,
(as DCENSEE)
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By ~#t~
City ager
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CIty Clerk .
Approvr as to form:
P/L~
City Attorney
Page 5 of 5 Pages
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SfECIEIC REQULREMENI.s
for an asphalt parking lot (200-300 parking spaces)
1. t other than UCENSOR's facilities, no overhead wires, poles, light standards,
umpsters, signs, trees, buildings, structures or obstacles shall be located, constructed or
nstalled within the License Area without written approval by UCENSOR.
2. at pole protection be provided for Structure No. NC-73 because the utilization is located
ithin twenty-five feet (25') of this structure. UCENSEE shall provide and install traffic
arriers as specified by UCENSOR's field representative.
3. at the near edge of UCENSEE's roadway .shall be a minimum distance of fifteen feet
15') from any of UCENSOR's structure or guying.
4. at all excavations for UCENSEE's utilization shall be a minimum of twenty-five feet (25')
rom the nearest edge of UCENSOR's transmission structures or guying.
5. at any shrubbery planted by UCENSEE within the License Area shall be of a variety not
xceeding twelve feet (12') in height at maturity.
6. at any sprinkling system which !Day be installed by UCENSEE within the License Area
hall spray no closer than twenty-five feet (25') from the nearest edge of UCENSOR's
tructures or guying and to a maximum height of ten feet (10').
7. at any and all piping and/or culverts (cables) installed by UCENSEE within the License
ea shall have sufficient earth cover to prevent breakage due to the operation of
rCENSOR's vehicles and heavy equipment within the right-of-way.
8. at no below ground grade drainage or facilities be installed by UCENSEE within the
icense Area without UCENSOR's review and written approval.
9.
rat UCENSEE agrees that no refueling operations take place within the right-of-way.
10. pat all parked vehicles within the License Area shall be motor vehicles of an operative and
lransient nature; mobile homes, office trailers or carriers of explosive materials are
lrohibited.
That UCENSEE agrees to furnish and install permanent markers showing the location of the
inderground facilities within the License Area. Said markers shall be UCENSEE's
esponsibility at all times.
11.
"EXHIBIT B"
Page 1 of 5 Pages
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12. hat LICENSEE shali notify LICENSOR's Supervisor of Transmission Underground (i.e.,
.W. Case or his designated alternate, telephone 813/866-5729, St. Petersburg) at least
orty-eight (48) hours prior to LICENSEE's performing any excavation within the License
ea in order that LICENSOR may arrange for an authorized representative to be on site to
ssist in establishing the existing location of FPC' s underground fuel oil pipeline and to
bserve all excavation activities in proximity to said pipeline within the License Area.
13. at LICENSEE shall make special note of Guidelines involving IlCENSOR's oil pipeline
ttached as Pages 3 of 4 and 4 of 4 of Exhibit liB", by this reference incoIporated herein and
ade a part hereof, and APPIlCANT shall comply fully with said Guidelines.
14. hat no environmental permits will encumber IlCENSOR's properties.
15. at all retention will be on LICENSEE's property.
16. at post be installed to prevent driving over oil pipeline.
17. at no parking be allowed over oil pipeline.
18. at driveways over pipeline will have casing or concrete slab that will comply with
CENSOR's Engineers specifications.
19. at LICENSOR's representative will be present at construction..
20. at DOT barriers be install~ at 10 feet (10') around tower NC-73.
EXlilBIT B"
Page 2 of 5 Pages
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GUIDELINES FOR CONSTRUCTION CROSSING OF THE BfA OIL PIPELINE
The Florida Power Corporation-Bartow to Anclote Thermal insulated oil transport
line has been installed and is operated in compliance with Title 49-Part 195
Federal O.O.T. _ Transportation of Liquids by pipeline. The line is 14" in
diameter coated and insulated for a total outside diameter of 17.5".
1. Buried Structures - CrossinQ Situations
The minimum clearances required for crossing situations of the B/A oil line
and proposed other lines or structures follows:
a. Maintain 12 inches of clearance between the oil line and other pipes
or structures being buried and crossing the line.
b. When 12 inches of clearanc.e is not practical, provisions can be
negotiated with Florida Power Corporation for a substitution of the
soil barrier with an approved barrier.
c. Contact C. A. Nuttall. (813) 866-5729 or C. M. Forte (813) 866-4753,
48 hours prior to construction. An FPC representative must be present
to inspect any crossings that are made.
2. Buried Structures - ParallelinQ Structures
These are two standards of acceptability for paralleling situations:
a. Florida Power Corporation R/W, easements and other controlled areas.
,
1. All paralleling of buried structures and other pipes to the B/A
oil line must maintain a minimum of three (3) feet surface to
surface clearance.
b. All paralleling situations outside the control of the Florida Power
Corporation should request the minimum three (3) feet surface to
surface clearance.
3.
Minimum Soil Cover Over BfA Oil Line
The minimum soil cover requirements at any location along this Bartow to
Anclote oil pipe line has been established to be 48 inches, as referenced
from top of the pipe to ground level, road bed, river bottom, drain ditch
bottom, etc. Any variance in this minimum protective soil cover must be
negotiated with and approved by the Florida Power Corporation. A
substitute, protective, equivalent concrete structure is shown on Drawing
#A-S-34-A-1.
4.
Roadways
Roadways of the oil pipeline must be cased and vented from R-Q-W line to
R-O-W line. Driveways which can be closed to allow for maintenance on the
pipeline will not normally be required to provide casing, but will be
required to comply with item 3 above.
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Pc9= 3 of 5 Pag:ls
Note; Actual casing requirements will be determined by conditions at
location of the crossing.
5. ~uildinq. Structures. Retention Ponds. Wells. Fences
a. All structures, building retention ponds or wells, must maintain a
minimum of fifteen (15) feet from B/A oil pipeline centerline. If
existing foundation, retention ponds or wells are closer than fifteen
(15) feet, designate them as existing and submit information to FPC on
design drawings. For retention ponds, the fifteen (15) foot
requirement applies from the top of bank to centerline of pipe.
b. Fencjng should be constructed in a way that poles straddle either side
of line. The fence shall be grounded. Grounding rods shall be 15
feet away from the B/A oil pipeline.
6. Construction Eouioment
Equipment or material used in construction activities must not be parked or
stored within three (3) feet of the B/A oil pipeline centerline.
Rev 1 4/13/92
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"EXHIBIT B"
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PROJECT BAR TOJY -Aile {. orE P/PEI./NE
FLORIDA PWER COR"OR~T10H
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DRAWIHO HO. A-S 34 ~I(:" I
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The City of Clearwater
Northeast-Curlew 230 KV NC-73
ETS #20030181
EXHIBIT "C"
GUIDELINES FOR CONSTRUCTION CROSSING OF THE BIA HOT OIL
PIPELINE
The Progress Energy Florida, Inc.-Bartow to Anclote Thermal insulated oil transport
line has been installed and is operated in compliance with Title 49-Part 195 Federal
DOT Transportation 0/ Liquids by pipeline. The line is 14" in diameter coated and
insulated/or a total outside diameter 0/17.5".
1. Buried Structures - Crossing Situations
The minimum clearances required for crossing situations of the BfA oil line and proposed other
lines or structures follows:
a. Maintain 12 inches of clearance between the oil line and other pipes or structures being
buried and crossing the line.
b. When 12 inches of clearance is not practical; provisions can be negotiated with Progress
Energy Florida, Inc. for a substitution ofthe soil barrier with an approved barrier.
c. Contact Luis Gonzalez, (727) 827-6276, (48) hours prior to construction. A representative
of PEF must be present during any excavation, drilling, boring etc. and to inspect any
crossings or installations that are made.
2. Buried Structures - Parallelin~ Structures
There are two standards of acceptability for paralleling situations:
a. Progress Energy Florida, Inc. RO.W., easements and other controlled areas.
1. All paralleling of buried structures and other pipes to the BfA oil line must maintain a
minimum of three (3) feet surface to surface clearance.
b. All paralleling situations outside the control of the Progress Energy Florida, Inc. should
request the minimum three (3) feet surface to surface clearance.
3. Minimum Soil Cover Over BfA Oil Line
The minimum soil cover requirements at any location along this Bartow to Anclote oil pipe line
has been established to be 48 inches, as referenced from top of the pipe to ground level, road bed,
river bottom, drain ditch bottom, etc. Any variance in this minimum protective soil cover must be
negotiated with and approved by the Progress Energy Florida, Inc..
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4. Roadways
Roadways of the oil pipeline must be cased and vented from .R.O.W. line to R.O.W. line.
Driveways which can be closed to allow for maintenance on the pipeline will not normally be
required to provide casing, but will be required to comply with item 3 above.
Note: Actual casing requirements will be determined by conditions at location of the crossing.
5. Building. Structures. Retention Ponds. Wells. Fences
a. All structures, building retention ponds or wells, must maintain a minimum of fifteen (15)
feet from BfA oil pipeline centerline. If existing foundation, retention ponds or wells are
closer than fifteen (15) feet, designate them as existing and submit infonnation to PEF on
design drawings. For retention ponds, the fifteen- (15) foot requirement applies from the top
of bank to centerline of pipe.
b. Fencing should be constructed in a way that poles straddle either side of line. The fence
shall be grounded. Grounding rods shall be 15 feet away from the BfA oil pipeline.
6. ConstructwnEqwpment
Equipment or material used in. construction activities must not be parked or stored within ten
(10) feet of the BfA oil pipeline centerline.
P~ap. ? of')
4. LICENSEE agrees that all sidewalks, driveways and roadways placed within PEF's
right-of-easement strip shall be designed to be driven over and constructed to Florida
Department of Transportation Roadway Design Standards for vehicles weighing in
excess of 100 tons.
5. LICENSEE agrees that LICENSOR will not be responsible to replace, repair or pay
for any damage to Licensee's facilities located within PEF's right-of-easement strip
incurred during the construction, operation and maintenance of LICENSOR's
facilities
6. LICENSEE, by its execution hereof, hereby represents, warrants, and certifies, that, to
the best of its information and belief, LICENSOR has fully performed all of its duties
and obligations under the Agreement and that, to the best of LICENSEE's
information and belief, the Agreement is not in default as ofthe date hereof.
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.
WITNESSES:
PROGRESS ENERGY FLORIDA, INC.
(as LICENSOR)
~~
Sign fJA.v
PrinredN,n, - .ID[!~
BY:~ J I(:
Sarah S. Rogers
Vice President Transmission
Attest:
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Printed Name: DtA \ (\~('ole UVt'()
Countersigned: ~
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'Fd'nk Hibbard Mayor-Commissioner
CITY OF CLEAR\VATER, FLORIDA
(as LICENSEE)
.A.pproved as to form:
uit:
Assistant City Attorney
By:
~"B~~
William B. Home, II
City M~ager
Page 2 of2
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