LICENSE AGREEMENT
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1
S-95-6 5/11/95 JLR
LICENS.E AGREEMENT
TIllS LIMITED liCENSE PRIVILEGE AGREEMENT, Made and entered into this
Cft:'-day of ~(,I, 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, THEREFORE, 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
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 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.
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
liCENSOR'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 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.
I. That liCENSOR hereby expressly reserves the right to revoke this License Agreement
at will by giving liCENSEE thirty (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.
J. That any costs, attorney's fees or expenses incurred by liCENSOR in construing or
enforcing this License Agreement shall be borne by the liCENSEE.
K. That this privilege and license is personal to liCENSEE and shall not be assigned or
transferred in whole or in part without the express prior written consent of liCENSOR, which
consent of liCENSOR shall be solely at liCENSOR's discretion.
L. 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.
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M. That LICENSOR shall not be liable for any damages to LICENSEE's utilization
howsoever resulting from LICENSOR's continued use and occupancy of the License Area;
LICENSOR, however, shall not willfully cause undue damage to LICENSEE's utilization.
N. That LICENSOR'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
LICENSEE at least forty-eight (48) hours prior to LICENSEE's commencing initial activities within
the License Area.
O. That LICENSEE shall comply with all federal, state and local laws, roles and regulations
in respect to the use of the corridor. LICENSEE shall not store, dispose of, treat or generate any
hazardous waste or hazardous substance on the corridor without the express advance written
approval from LICENSOR. Approval from LICENSOR shall be solely at the LICENSOR'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 LICENSEE expressly agrees to be liable to
LICENSOR 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 LICENSOR for emergency
access and for normal maintenance and patrol pUlposes.
Q. That LICENSEE shall not use a dragline or cable type crane within the License Area.
R. That LICENSEE 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 LICENSEE 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 LICENSOR.
T. That LICENSEE 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 LICENSOR'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 ofthe License
Area.
W. That LICENSEE shall furnish LICENSOR with a set of as-built drawings within thirty
(30) days of fmal construction.
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X. That LICENSEE hereby expressly understands, covenants and agrees (a) that nothing
contained in this Agreement or contemplated is intended to or shall increase LICENSOR's liability
for personal injury or death or for any property damage, (b) that LICENSOR does not assume any
such additional liability, (c) that liability arising out of the utilization and occupancy of
LICENSOR's License Area by LICENSEE and LICENSEE's employees, agents, contractors,
invitees or any representative, is hereby assumed by LICENSEE and shall be at the sole and
exclusive risk of LICENSEE, (d) that LICENSEE shall answer and satisfy to LICENSOR's
satisfaction any and all complaints relative to LICENSEE's utilization of LICENSOR's License Area
(e) that LICENSEE shall protect, defend, hold harmless and indemnify LICENSOR to the fullest
extent permitted by law from and against any and all actions, claims, damages and/or loss,
including, but not limited to actions or claims from LICENSEE's employees, contractors, and
including, but not limited to, claims for remediation, damages or fmes from governmental entities,
which may be assessed now or in the future, together with any costs attorney's fees, occasioned by
or growing out of any actual or claimed usage or condition of the License Area arising in any
manner whatsoever, directly or indirectly, by reason of this Agreement for LICENSEE's utilization
thereof, and (t) that LICENSEE covenants not to interfere with LICENSOR's existing and future
high voltage electric transmission lines and related facilities in any manner whatsoever and shall
fully indemnify LICENSOR from any and all losses as in Section "(e)" above resulting from such
interference.
Y. That LICENSEE's operations, activities and equipment used within the License Area
beneath or in proximity to any of LICENSOR's electric facilities shall, at all times, be in strict
compliance with applicable provisions of the National Electrical Safety Code (NESC) and the
Occupational Safety and Health Act of 1971 (OSHA). LICENSEE is further notified and hereby
agrees to so notify any of LICENSEE's employees, agents, contractors, representatives or other
persons engaging in LICENSEE's activities upon said License Area with LICENSEE's knowledge
and under LICENSEE's supervision or control, that extreme caution is necessary around all of
LICENSOR's electrical facilities, supporting structures, anchor guys or related appurtenances, and
in the event of any damages or injuries, LICENSEE shall immediately report the nature and extent
thereof to LICENSOR's nearest local office.
Z. That as a safeguard in respect to Paragraph "X" above, LICENSEE will maintain at its
own cost and expense from an insurance company licensed to do business in the State of Florida,
or provide as a qualified self-insured Florida public entity general liability coverage with bodily
injury and property damage limits not less than $100,000 each person and $200,000 each occurrence
plus any excess liability insurance coverage purchased by LICENSEE. The purchase of excess
liability insurance shall be at the sole option of the LICENSEE, but prior to commencing initial
construction activities within the License Area, LICENSEE will furnish LICENSOR with a
certificate of insurance or a letter of self insurance showing insurance coverage as provided for in
said Paragraphs "X" and "Z" hereof.
Page 4 of 5 Pages
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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 :
FLORIDA POWER CORPORATION
(as liCENSOR)
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Attest:
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I Ii:! LEGAL DEPT. '":0
APPRPVED
Date G/lst's
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Vice President
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As stan ecretary
WITNESSES :
City of Clearwater,
(as liCENS~)..
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City Attorney
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RETURN TO
FLORIDA POWER CORPORATION
P. O. Box 14042
St. Petersburg, Florida 33733
Attention:
Richard W. Weishaupt , Property Manager, Real Estate Dept.D2D
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY THAT THE
INSURANCE COMPANY
of has issued policies of insurance, as described below and
identified by a policy number, to the insured named below; and to certify that such policies are in full force and effect at this
time. It il agreed that none of these policies will be cancelled or changed 10 as to affect this Certificate until twenty (:!O) days
after written notice of such cancellation or change has been delivered to tha Florida Power Corporation.
1. Insured
2. Address
3. Status of Insured
Corporation 0
Partnership 0
Individual 0
4. Location of Operations Insured - State of Florida 0
Limited to the following specific job location(s)
5.
6.
INSURANCE POLICIES IN FORCE
FORM OF COVERAGE POLICY NUMBER EXPIRATION OATE
WOR KMEN'S COMPENSATION
MANUFACTURERS' OR CONTRACTORS' LIABILITY
CONTRACTUAL LIABILITY (Liability Assumed by Insured)
AUTOMOBILE LIABILITY
7.
8.
PoIicy(ies) Includes Coverage For:
(5) Liability under the United States Longshoremen's and Harbor Workers' Compensation Act.
(6) Damage caused by blasting, collapse or structural injury, or damage to underground utilities.
(7) Liability assumed in License Agreement in effect in connection with the
insured occupancy and utilization of Florida Power Corporation property.
(8) All owned, hired, or non-owned automotive equipment used in connection with the insured operations.
Yes
No
o
o
o
o
o
o
o
o
9.
FORM OF COVERAGE LIMITS OF LIABILITY
BODILY INJURY PROPERTY DAMAGE
WOR KMEN'S COMPENSATION STATUTORY XXXXX
LIABILITY ASSUMED BY $ Each Person $ Each Occurrence
INSURED $ Each Occurrence $ Aggreaat8
L1ABILITY-AUTOMOBI LE $ Each Person $ Each Occurrence
$ Each Occurrence
10.
11.
Datil
INSURANCE COMPANY
Issued at
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AUTHORIZED REPRESENTATIVE
MODIFIED FORM
908 404 S
S t B C I E I C R B Q U I R B M B Nh s
for an asphalt parking lot (200-300 parking spaces)
1. That other than liCENSOR's facilities, no overhead wires, poles, light standards,
dumpsters, signs, trees, buildings, structures or obstacles shall be located, constructed or
installed within the License Area without written approval by liCENSOR.
2. That pole protection be provided for Structure No. NC-73 because the utilization is located
within twenty-five feet (25') of this structure, liCENSEE shall provide and install traffic
barriers as specified by liCENSOR's field representative.
3. That the near edge of liCENSEE's roadway shall be a minimum distance of fifteen feet
(15') from any of liCENSOR's structure or guying.
4. That all excavations for liCENSEE's utilization shall be a minimum oftwenty-five feet (25')
from the nearest edge of liCENSOR's transmission structures or guying.
5. That any shrubbery planted by liCENSEE within the License Area shall be of a variety not
exceeding twelve feet (12 ') in height at maturity.
6. That any sprinkling system which may be installed by liCENSEE within the License Area
shall spray no closer than twenty-five feet (25') from the nearest edge of liCENSOR's
structures or guying and to a maximum height of ten feet (10').
7. That any and all piping and/or culverts (cables) installed by liCENSEE within the License
Area shall have sufficient earth cover to prevent breakage due to the operation of
liCENSOR's vehicles and heavy equipment within the right-of-way,
8, That no below ground grade drainage or facilities be installed by liCENSEE within the
License Area without liCENSOR's review and written approval.
9. That liCENSEE agrees that no refueling operations take place within the right-of-way.
10. That all parked vehicles within the License Area shall be motor vehicles of an operative and
transient nature; mobile homes, office trailers or carriers of explosive materials are
prohibited.
11. That liCENSEE agrees to furnish and install permanent markers showing the location of the
underground facilities within the License Area. Said markers shall be liCENSEE's
responsibility at all times.
"EXHIBIT B"
Page 1 of 5 Pages
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, " '~2. '. That UCEN~EE sharlnotify LICENSOR's Supervisor of Tralsmission Underground (i.e.,
R.W. Case or his designated alternate, telephone 813/866-5729, St. Petersburg) at least
forty-eight (48) hours prior to LICENSEE's performing any excavation within the License
Area in order that LICENSOR may arrange for an authorized representative to be on site to
assist in establishing the existing location of FPC' s underground fuel oil pipeline and to
observe all excavation activities in proximity to said pipeline within the License Area.
13. That LICENSEE shall make special note of Guidelines involving LICENSOR's oil pipeline
attached as Pages 3 of 4 and 4 of 4 of Exhibit "B", by this reference incorporated herein and
made a part hereof, and APPLICANT shall comply fully with said Guidelines.
14. That no environmental permits will encumber LICENSOR's properties.
15. That all retention will be on LICENSEE's property.
16. That post be installed to prevent driving over oil pipeline.
17. That no parking be allowed over oil pipeline.
18. That driveways over pipeline will have casing or concrete slab that will comply with
LICENSOR's Engineers specifications.
19. That LICENSOR's representative will be present at construction..
20. That DOT barriers be installed at 10 feet (10') around tower NC-73.
EXlllBIT B"
Page 2 of 5 Pages
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GUIDELINES FOR CONSTRUCTION CROSSING OF THE B/A OIL PIPELINE
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 - Paral1e1ino 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 B/A Oil line
The minimum soil cover requirements at any location along this Bartow to
Anclote oil pipeline h~eft.'establishedto be 48 i-nches, 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
IA-S-34-A-l.
4. Roadwavs
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.
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"EXHIBIT B"
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Note: Actual casing requirements will be determined by conditions at
location of the crossing.
S. BuildinQ. Structures. Retention Ponds. Wells. Fences
a, All structures, building retention ponds or wells, must maintain a
minimum of fifteen (IS) feet from B/A oil pipeline centerline. If
existing foundation, retention ponds or wells are closer than fifteen
(IS) feet, designate them as existing and submit information to FPC on
design drawings. For retention ponds, the fifteen (IS) 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 B/A oil pipeline.
6. Construction EquiDment
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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