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ENCROACHMENT FOR AN ASPHALT PARKING LOT FOR COUNTRYSIDE COMMUNITY RECREATIONAL CENTER i, 'r: r City of Clearwater Northeast-Curlew 230 KV NC-73 ETS #20030181 AMENDMENT TO ENCROACHMENT AGREEMENT This Amendment to Encroachment Agre~~nt (hEinafter. referred to as the "Amendment"), made and entered into on this2-'1W-/day 0 2003, by and between PROGRESS ENERGY FLORIDA, INC., a Florida Corporatio .. ereinafter sometimes referred to as "PEF"); and City of Clearwater (Parks and Recreation Department) PO. Box 4748, Clearwater, Fl. 34618 (hereinafter referred to as "APPLICANT"), herein; WITNESSETH WHEREAS, PEF and APPLICANT have heretofore entered into that certain Encroachment Agreement dated 9 Nov., 1995 (hereinafter referred to as the "AGREEMENT"), a copy of which is attached hereto as a composite "EXHIBIT B" and is, by this reference, made a part hereof, which Agreement established the tenus and conditions pursuant to which PEF agreed to allow APPLICANT the privilege to occupy and utilize a portion of Section 29, Township 28 South, Range 16 East, Pinellas County, Florida, being hereinafter referred to as the "APPLICANT's Utilization" and with the location and extent of said APPLICANT's Utilization being substantially as depicted on print of sketch attached hereto within "EXHIBIT A"; and WHEREAS, APPLICANT has been granted the limited privilege to occupy and utilize that portion of the Applicant Utilization for Driveway (ingress-egress) WHEREAS, the parties to the Agreement are willing to make such Amendment to the Encroachment 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: Additional drive access, being substantially as depicted on print of sketch attached hereto within "Exhibit A"; 2. Except as herein amended or modified, all of the terms, conditions, covenants; l;lgreements, representations, and warranties of the Agreement are and shall remain in full force and effect. 3. In addition to the above stated Applicant's Utilization uses, PEF herein grants the additional uses of Driveway access, subject to the specific requirements included in the original agreement. Page 1 of2 ;;; 0 - 0 '-I 0 -- 00 ( 3) 4. PEF, by its execution hereof, hereby represents, warrants and certifies that, to the best of its information and belief, APPLICANT has fully performed all of its duties and obligations under the Agreement and that, to the best ofPEF's information and belief, the Agreement is not in default as of the date hereof 5. APPLICANT, by its execution hereof, hereby represents, warrants, and certifies that, to the best of its information and belief, PEF has fully performed all of its duties and obligations under the Agreement and that, to the best of APPLICANT's information and belief, the Agreement is not in default as of the date hereof IN WITNESS WHEREOF, the said PEF and APPLICANT 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 flfst above written. WITNESS: PROGRESS ENERGY FLORIDA, INC. (as PEF) es F. ders ncroachment Agent Suncoast Transmission Line Engineering CITY OF CLEARWATER, FLORIDA B~~~'U~ William B. Home, II City Manager Countersigned: Brian J. Aungs Mayor-Comm ssioner Approved as to form: '~~ Laura Lipowskl Assistant City Attorney Attest: kw~ ~ynthia E. Goudea tr City Clerk I l ;;; ;jg " <> g ~ t ~ III .. c II1II !i i I g ! .ar it ... c .. ::=! jj ~ NORTH PINELLAS COUNTY, FL SECTION 29 TOWNSHIP 28 SOUTH RANGE 16 EAST EXHIBIT A 1000' I 0' 500' ~ I: SCALE: 1" = 500' GRAPHIC SCALE (IN FEET) CITY OF CLEARWATER. FIDRlDA . PUBUC WORKS ADMINISTRATION ENGINEERING PROPOSED DRIVEWAY CONNECTION TO EXISTING PARKING LOT n II //~~'\ -Jlr--JL_j --- . -~------~--- ~t--li I ~ll ! ~ NORTH 0' 200' 400' ~ I I SCALE: I" = 200' GRAPHIC SCALE (IN FEET) \ I I I I I I I .. CD 5 g :i 0- S ~ ~ tl ~ ~ o di ~ ,., e> ~ UJ .. '" e g I o o 8 ~ Y .e- 0.. " C co :;! o NC 73 I ~ (f1 x w o -.q- ~ (f1 x wI PINELLAS COUNTY, FL SECTION 29 TOWNSHIP 28 SOUTH RANGE 16 EAST CONST 15' ASPHAL T DRIVE WITH 10' x 15' CONC SLAB 0 VER OIL LINE (3 PANELS) EXHIBIT A PROPOSED DRIVEWAY CONNECTION TO EXISTING PARKING LOT 5-95-6 5/11/95 JLR EXHIBIT B 10; rJ"'Lo4' c; rs ,. c; (;, Tif: ItJ I ~7 LICENSE AGREEMENT TIllS LIMITED UCENSE PRIVILEGE AGREEMENT, Made and entered into this qfJ,..day of ~ 1995, by and between FLORIDA POWER CORPORATION. a Florida corporation, "UCENSOR" herein, and City of Clearwater (Parks and Recreation Department), P.O.. Box 4748, Clearwater, Florida 34618, "UCENSEE" herein; WITNESSETH: WHEREAS, UCENSOR 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, UCENSEE is desirous of acquiring from UCENSOR the limited privilege and license to occupy and utilize the License Area for an asphalt parking lot; and WHEREAS, UCENSOR is willing to grant to UCENSEE 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 incOIporated herein and made a part hereof. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: A. That UCENSOR hereby grants to UCENSEE, and UCENSEE hereby accepts from UCENSOR,' 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 UCENSEE hereby covenants to pay to UCENSOR 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 UCENSOR 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. UCENSOR shall mail a yearly billing invoice to UCENSEE, and UCENSEE's advance yearly fee checks shall be made payable to FLORIDA POWER CORPORATION and mailed to UCENSOR. C. It is expressly stipulated by the said UCENSOR and UCENSEB that this License _ Agreem.ent is a license for permissive use only and that the placing of any improvement upon tbe property pursuant to this Agreement shall not operate to create or vest any property right in said llCENSEE. r-~'~~?:;-';::" ! ~ ~ .... " '," ......,...~., : ..---...,....." 1 i.t';::'''1 l ~ .."12 ,. . 4 . ..ol ~ZND \ . . ~ " . . . \......,.".....-,........., ./ ,if . i I,. ,. " , 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 infonn 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 detennine 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 tenninate 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 llCENSOR shall return the unearned portion, if any, of the yearly fee paid by llCENSEE 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 llCENSEE. 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 llCENSOR shall be solely at LICENSOR's discretion. L. That the validity of this Agreement is contingent upon LICENSEE first obtaining proper zoning, authority, approval andlor pennit from the appropriate governmental body or public agency having jurisdiction over such utilization at this location. If such zoning, authority, approval andl or pennit is not secured, this Agreement will be considered null and void. r;--.--' ~\ ri!~r.~~.~StIl 1 I I&#tP! L~..__J Page 2 of 5 Pages 'J ,I 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 (Le., 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, rules 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 tenns "hazardous waste" or "Hazardous substance" shall be as defined 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 nonnal maintenance and patrol purposes. 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 of the License Area. W. That LICENSEE shall furnish LICENSOR with a set of as-built drawings within thirty (30) days. of tmal constroction. ~'-"--'-Cl '..1 .."... ". \1"" "f\' . ;~it~. tlttrQ ~ .,..~ ....."T"'.~. ... . '__' -.. l ir~~T.Jt~L ~ lZ;:~P 1 " Page 3 of 5 Pages That liCENSEE hereby expressly understands, covenants and agrees (a) that nothing contai ed in this Agreement or contemplated is intended to or shall increase LICENSOR's liability for pe nal injury or death or for any property damage, (b) that LICENSOR does not assume any such dditional liability, ( c) that liability arising out of the utilization and occupancy of LIC SOR's License Area by LICENSEE and LICENSEE's employees, agents, contractors, invit s or any representative, is hereby assumed by liCENSEE and shall be at the sole and exclu .ve risk of liCENSEE, (d) that LICENSEE shall answer and satisfy to LICENSOR's satisf tion any and all complaints relative to UCENSEE's utilization of LICENSOR's License Area (e) t LICENSEE shall protect, defend, hold harmless and indemnify LICENSOR to the fullest extent pennitted by law from and against any and all actions, claims, damages and/or loss, includ ng, but not limited to actions or claims from liCENSEE's employees, contractors, and inc1ud ng, 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 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 liCENSEE's utilization thereo, and (f) that liCENSEE covenants not to interlere with liCENSOR's existing and future high oltage electric transmission lines and related facilities in any manner whatsoever and shall fully. demnify liCENSOR from any and all losses as in Section "(e)" above resulting from such intern nce. That liCENSEE'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 (NBSC) and the Decu tional 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 perso engaging in liCENSEE's activities upon said License Area with UCENSEE's knowledge and u der liCENSEE's supervision or control, that extreme caution is necessary around all of liC SOR's electrical facilities, supporting structures, anchor guys or related appurtenances, and in the vent of any damages or injuries, LICENSEE shall immediately report the nature and extent thereo to LICENSOR's nearest local office. Z That as a safeguard in respect to Paragraph "X" above, LICENSEE will maintain at its own c st and expense from an insurance company licensed to do business in the State of Florida, or pro . de 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 LICENSEE. The purchase of excess liabili insurance shall be at the sole option of tbe LICENSEE, but prior to commencing initial const ction activities within the License Area, LICENSEE will furnish liCENSOR with a certifi te of insurance or a letter of self insurance showing insurance coverage as provided for in said graphs "X" and "Z" hereof. Page 4 of 5 Pages nT;.;T)~D i _7->' j~Y ~ ~.."._". .,..' _, ,.l IN WITNESS WHEREOF, the said UCENSOR and liCENSEE have caused these presents to be executed in their respective coIpOTate 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 :ftrst above written. WITNFSSPS: FLORIDA POWER CORPORATION (as liCENSOR) ~~~~ L~/J1-1f'- By ~A-;,~ In. Vice President ~ / Attest: ~~ 4~ POW~ /,~ Q '..:r 0 (I ~ U,GAL om ~ ;.. :~ PRO V D r.-e.!e s/,;~~ \ --- \ E.y J..lJ::L "-. // ,----"" WITNESSES: City of Clearwater, (as liCENSEE) By 3d::. Pt ~ (/ City Manager ~ 2-_ ~. i2,.o o City Clerk c.~~~ 11f; form: City Attorney Page 5 of 5 Pages ~.\ r2~~-'i .~~~ l ...---.......-..,...-, ~.- , <- ; Cf60 ) .. BITTERLI + A~~Ul;. J.ARCHITECTS, INC. ).m:H1lECTURE . ENVIRONMENTAL OESIGN ..(r~~ ~V'J~T~ "J::~ C()Jlt3'--.// ItJ#or~~T"Il:It,U.~ IUIO....W.I.2ll.T ~;.~. nr- h-r I~I ~~~~~~~~~~~~~~~~:~~,~(~~~((~ IT~~"'t7""".,t;'-.~1I'-",,",'-~~~ : . . <~-<., <'~::<'<~~~-\~'/".(,<0~<v<..<.I</V";: ,r-:--:-'IU'O'..~.~.L.l..-~ " "'<..^'\."<.^(',....."....,.....,.....<......,.....(:('<....."'(':,,<.." " ",.....< <...~...<..."< t.'" (~, """'~;'/ -~., ~ I / ;' .'~ / ;fL -~.. ';"..~ /:::: ';, / . -:>,:~ . <./'/'''/./V''./'./V.'v<,'./' ,-V<V'v^",t./'/'v<h<,., - I~~ q :. .,~ ."'....~;...,..:''''';.'''' .,. )iA",""""'r':~''''''"'''':"''''':'',;"''-'''--'''' "~ _~~ " ~~::.n ,2..-...~ ~~~...2....L-2~-L_~' -':"_ ~.~v~>~~-2.~,,~"-_'"'~~-L~-.2~~..2-.2...l-.2.~~2.~..2..-4 ~-~\.~ 'r~~' ._~-_. ._~. .i;(Jr\. ou.~$~ ..~. ~-~~~~.;~ -(::6: ._~. b.. ..~.. \ ~ II ~ W \? a l,Jr {!) rnFT'Tfr,: ~ r-- / -2!>-'.",~L F-IE.L~--.-/ 1.I;w~r.~."'''''1'. ..e:.:. ~ .....(.~ ~~ m ..~ ~~KT" ~~- ~ i"AnJt-.\:::j LOT ~u L..::iif1) F'L~~1(lO. ~ ROW tlITE:.. I'k~ TAe.lllATiON: e.)lJ~T. ""'E:.:'~!I rn =::..'::~n.. ~tJ'I, :!( ,.q~ u:A~ "-"';11:' --ll1 "tI1IloL..f"4MUG I>> ~:I'.~'-' EXJ!1I31'/ A Oilft"oU\lII!___ COUNTRYSIDE COMMUNITY RECREATIONAL CENTER :6_ -b._ -b. CllARW4TER. flOAIOA IftTEIIll . AIJOClA TES AftCNJ1'l:CTl. IHC. 1T.~~":""':;1lI1 It'.n''''. '......"'11...-...)4 D. ..." 1'I'O.ItCT1"I"""'V' ~ :/1 .-J ~.. ~ ) -,~ 1I'fT1J&/.&I1IOCWm MQWT&'ll, IC. Jod./lICtffIIllSP'Wtlt -~ SfECIEI~ REQUIREMENTS for an asphalt parking lot (200-300 parking spaces) 1. at other than liCENSOR's facilities, no overhead wires, poles, light standards, umpsters, signs, trees, buildings, structures or obstacles shall be located, constructed or stalled 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. liCENSEE shall provide and install traffic arriers as specified by liCENSOR's field representative. 3. t 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 may be installed by UCENSEE within the License Area hall spray no closer than twenty-five feet (25') from the nearest edge of UCENSOR's troctures or guying and to a maximum height of ten feet (10'). 10. t all parked vehicles within the License Area shall be motor vehicles of an operative and sient nature; mobile homes, office trailers or carriers of explosive materials are rohibited. 7. t any and all piping andlor culverts (cables) installed by UCENSEE within the License rea shall have sufficient earth cover to prevent breakage due to the operation of CENSOR's vehicles and heavy equipment within the right-of-way. 8. at no below ground grade drainage OT facilities be installed by UCENSEE within the 'cense Area without UCENSOR's review and written approval. 9. at liCENSEE agrees that no refueling operations take place within the right-of-way. 11. liCENSEE agrees to furnish and install pennanent markers showing the location of the nderground facilities within the License Area. Said markers shall be UCENSEE's sponsibility at all times. "EXIllBIT B" Page 1 of 5 Pages 10',".-.-...'. --.....-"'.~i !~.P-"i:i'LI 1 ,.'" ' " , . i ; ~,..-,... .. .."...- ,~.~:t1'.71 I ,,,., : ,;..... t~~~_..j . l ~. 12. t UCENSEE shalt notify UCENSOR'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 toUCENSEE's performing any excavation within the License 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. 18. t driveways over pipeline will have casing or concrete slab that will comply with CENSOR's Engineers specifications. 13. t UCENSEE shall make special note of Guidelines involving liCENSOR's oil pipeline ttached as Pages 3 of 4 and 4 of 4 of Exhibit "B" , by this reference incorporated herein and ade a part hereof, and APPliCANT shall comply fully with said Guidelines. 14. at no environmental permits will encumber liCENSOR's properties, 15. t all retention will be on liCENSEE's property. 16. t post be installed to prevent driving over oil pipeline. 17. t no parking be allowed over oil pipeline. 19. at UCENSOR's representative will be present at construction.. 20. t DOT barriers be installed at 10 feet (10') around tower NC-73. EXHIBIT B" Page 2 of 5 Pages ~_,__,_,w~"__". \1N&J:"j:Tf'~;-1 ~ ~ . . . ~ 'P' . .-. '''-..' i-~T~.:-R AL !r~ t,....-,.-....-,....-,... ; , GUIDELINES FOR CONSTRUCTION CROSSING OF THE BIA OIL PIPELINE The Florida Power Corporat ion-Bartow to Anclote Thermal insulated oil transport line has been installed and is operated in compliance with Title 49-Part 195 Federal D.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. puried Structures - Crossina Situation~ 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 clearance ;s 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 - Parallelina 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. ~inimum Soil Cover Over BIA Oil line The minimum soil cover requirements at any location along this Bartow to Anctote 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 IA-S-34-A-l, 4. RoadwaY$. 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. 7;:'f-20;1~N2 -4;--;_,.. -" ~ l~p; _"'-~_.""'~"".. c_. .." -. "'-. ,...~. "EXHIBIT an ~3of5~ . .. .' Note: Actual casing requirements will be determined by conditions at location of the crossing. 5. Bui1dina. 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 centerl ine. 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 EauiDment 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 ~-..........,.,.. \-:f;~al8N.2 - 4 ~;.... '.~<~ J;i?tL... liiJT!....L .(~~ i~-:'?> "EXHIBIT 8" Page 4 of 5 Pages .'''''' l ~ '!fI , ". " Sl!e pll",IL ,. . / . / . . / , ,...oJ.... ~ ,'fJ , -- - <r \r) (- G) .+- - -- .,........... -- -- - ~. I -- - . ....- '" . /'" . . - .---- ill" AaJ .. f- cI ~L~ "i. V}.INI" ""."1" .ue , · P 1...4 .N:... . I(AL': '.." ~o: 58 "il' . . ...- "- _,t' . 1~ -.fir . . I . -s...~ ,'.C"'~ Ik"..,"., f "'-0 " , . -eLEVA:TION - JtALI: '-"e'.o. ..,..: .. Ct... ...... .... .'" ......" " 100. ILl. I. ...., .. au_ At'1 .".. ... L e.... ...... .. ..,. II 'N'" ...t... er.... .. ..... ,'..... ..,., .. .".... .",..." ~.., I.. I'C. '~I' COltCJlUI · ....,.' Jli.aloac...1Tn,,-'" . - '. _'.. __. ,.... .'~. ."" ," .._,"~:.'"'. ",:~,~c"'.. .. D€TAIL iI" ",01 "0' . _'_' I(A_ .. ...... .... .. ,.... (..,.1 '"'..d I II'." ft- .,. I .... .. .'. .'11.111 ...1.... , II' ..' . . .... ,,,... ..' e..... ,....... · I.." ,. .... ,,,,.. t .,' 11...1 ......... ,'" 4' . . ... I "n I.... ....I ,....,. "I'. t" CONCRETE PIPElINE COVt~ SlA8S ...... .._.:.~-::. . PROJECT 8A~rOI"-AN(l.OrE ,o/,PEUNG fLO"'OA POWER COR,ORA-TION II. ."....v.. ,,,,,,- t) DRAWl NO HO. A -534 -:// ~ , " The City of Clearwater Northeast-Curlew 230 KV NC-73 ETS #20030181 ExmBIT "C" GUIDELINES FOR CONSTRUCTION CROSSING OF THE BfA 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 BI 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 clearance is not practical; provisions can be negotiated with Progress Energy Florida, Inc. for a substitution of the 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 - Paralleling Structures There are two standards of acceptability for paralleling situations: a. Progress Energy Florid~ Inc. RO.W., easements and other controlled areas. 1. All paralleling of buried structures and other pipes to the BIA 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 BIA 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 ofthe 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.. P~OP 1 of? ~ . 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 detennined 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 information 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. Construction Equipment Equipment or material used in construction activities must not be parked or stored within ten (10) feet ofthe BfA oil pipeline centerline. P~OP ? of?