UNIVERSITY COMMUNITY HOSPITAL, INC' r
' r
N
This Instrument Prepared by and Return to:
l1?/ Jeanette M. Flores, Esquire
GRAYROBINSON, P.A.
201 N. Franklin Street, Suite 2200
Tampa, Florida 33602
Telephone: (813) 273-5000
IIIIIIIVIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIII IIII
2008164264
Rcpt:1213137 ec: 52.50
DS: 0.70 IT: 0.00
11/14/08 Dpty Clerk
JED PITT MAN, PASCO COUNTY CLERK
11/14/08 10.08am l of 6
- ?R--!! -7965 _Pc;-
Reserved for Clerk
NON-EXCLUSIVE GAS LINE EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1..00) cash in hand
paid to GRANTOR, the receipt of which is hereby acknowledged, and the benefits
derived therefrom GRANTOR, University Community Hospital, Inc., a Florida non-
profit corporation ("GRANTOR") having an address of 3100 E. Fletcher Avenue, Tampa,
Florida 33613 does hereby grant and convey to the City of Clearwater, Florida,
GRANTEE, an non-exclusive easement over under and across the following described
land, lying and being situate in the County of Pasco, State of Florida, described in Exhibit
"A" attached hereto and made a part hereof (the "Easement Area").
TO HAVE AND TO HOLD, the same unto said GRANTEE, its successors and
assigns forever. This easement being for the purpose of construction, placement,
operating, maintaining, inspecting, repairing, replacing and patroling a natural gas line
and appurtenances (the "Utilities") in connection with the safe and efficient installation,
operation and maintenance of the gas line within the Easement Area. The Utilities shall
be located underneath the Easement Area and in no event shall any Utilities be located
above-ground in the Easement Area.
The GRANTEE shall have the right to enter the Easement Area and install,
inspect, and operate the Utilities and maintain or alter same from time to time.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of
the fee simple title to the premises in which the above described Easement Area is
located, (b) that GRANTEE shall have quiet and peaceful possession, use, and enjoyment
of this easement through all those claiming by, through and under GRANTOR.
GRANTOR shall continue to own the Easement Area, subject to the Easement.
GRANTOR may continue to use the Easement Area and may grant additional non-
exclusive easements with the Easement Area; provided, however, GRANTOR shall not
alter, or allow the alteration of, the Easement Area in any way that would impair
GRANTEE's rights or ability to use the Easement Area for its intended purpose. To the
extent that any improvements installed by GRANTEE in the Easement Area must be
relocated to accommodate GRANTOR's improvements in, or use of the Easement Area,
then GRANTOR may relocate the Utilities to another parcel of land owned by
GRANTOR, and GRANTOR shall be responsible for such relocation at GRANTOR's
sole cost and expense.
a,
Iul
OR BK 7965 PG 1925
2 of 6
GRANTEE, at its sole cost and expense, shall maintain the Utilities in good
working condition. In the event that GRANTEE damages the Easement Area,
GRANTEE shall promptly repair any such damage to the Easement Area at its sole cost
and expense. Except to the extent caused by the negligence or intentional misconduct of
GRANTOR or its officers, employees, contractors or agents, GRANTEE, to the
maximum extent permitted by Florida Statutes 768.28, shall indemnify, defend and hold
harmless GRANTOR for any loss, damage, liability, claim, expense or cost, including
attorneys and paralegal fees, related to or arising out of GRANTEE's use of the Easement
Area, whether incurred out of court, at trial, on appeal or in any bankruptcy, mediation,
arbitration or administrative proceeding. Nothing herein shall be construed as consent by
GRANTEE to be sued by third parties or as a waiver of sovereign immunity.
Whenever any notice, demand, consent, delivery or request is required or
permitted hereunder, it shall be in writing and shall be deemed to have been properly
given or served (a) when delivered in fact to the other party, or (b) three (3) business days
after having been deposited in the United States mail, with adequate postage prepaid and
sent by registered or certified mail with return receipt requested, or (c) when delivered to
Federal Express or other comparable overnight courier which obtains a receipt to confirm
delivery to the addresses set forth below or at such other addresses as are specified by
written notice so given in accordance herewith. All notices and requests required or
authorized hereunder shall be delivered as aforesaid to the respective parties hereto as
follows:
TO GRANTOR: Mr. Norman V. Stein
University Community Hospital, Inc.
3100 E. Fletcher Avenue
Tampa, Florida 33613
With a copy to:
Joline Miceli-Mullen, Esq.
University Community Hospital, Inc.
3100 E. Fletcher Avenue
Tampa, Florida 33613
TO GRANTEE: City Attorney's Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original but all of which shall constitute one and the same agreement.
This Agreement and the exhibits attached hereto contain the entire agreement
between the parties. There are no promises, agreements, conditions, undertaking,
warranties or representations, oral or written, express or implied between the parties other
than as herein set forth. No waiver of any of the provisions of this Agreement or any
\353100\4 - # 1394605 v3 2
OR 13K79655 PG 1926
3 of 6
other agreement referred to herein shall be valid unless in writing and signed by the party
against whom enforcement is sought.
The Easement shall constitute a covenant running with the land and shall be
binding upon and inure to the benefit of the parties hereto, their successors and/or
assigns. At such time as title to the Easement Area is transferred, the transferor of the
Easement Area shall be relieved of all liability and obligations arising from and after the
date of such transfer, and the transferee, by accepting title to such Easement Area, shall
be deemed to have expressly assumed all of the obligations and rights of the transferor
under this Agreement with respect to such parcel.
This Grant may be amended and modified only by instrument, in writing,
executed by all parties hereto.
No parties other than GRANTOR and GRANTEE shall be deemed to be intended
beneficiaries of this Grant.
In connection with any litigation including appellate proceedings arising out of
this Agreement, the prevailing party shall be entitled to recover from the losing party its
Attorneys' Fees. As used in this Agreement, "Attorneys Fees" shall mean all reasonable
attorneys' and paralegal's fees and costs incurred in enforcing its rights and remedies
hereunder, including costs of collection prior to instigating litigation, costs at trial, on
appeal or in any bankruptcy or administrative proceeding.
GRANTEE and GRANTOR agree that venue for any matters arising in
connection with this Agreement shall only be in the Circuit Court in and for the County
of Pasco, State of Florida.
GRANTEE AND GRANTOR WAIVE THE RIGHT TO A TRIAL BY JURY IN
ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE
SUBJECT MATTER OF THIS AGREEMENT. THIS WAIVER IS KNOWINGLY,
INTENTIONALLY, AND VOLUNTARILY MADE BY EACH PARTY AND EACH
PARTY EXPRESSLY ACKNOWLEDGES THAT NEITHER THE OTHER PARTY
NOR ANY PERSON ACTING ON BEHALF OF THE OTHER PARTY HAS MADE
ANY REPRESENTATIONS OF FACT TO INCLUDE THIS WAIVER OF TRIAL BY
JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. EACH PARTY
ACKNOWLEDGES TO THE OTHER THAT IT HAS READ AND UNDERSTANDS
THE MEANING AND EFFECT OF THIS WAIVER PROVISION.
[Signature page follows.]
\353100\4 - # 1394605 0
e
OR BK 7965 n
4 of 6
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed by its proper officers thereunto authorized and its seal to be thereunto
affixed, this U day of $eg *-^i e r , 2008.
WITNESSES: UNIVERSITY COMMUNITY
HOSPITAL, INC., a Florida non-profit
corporation
Print Name: 12c, &ow J. W i iAL i A -K N
aam^
Print ame: SuNi)EF-f 2
By: &??
Title: mb, tvu`C }-?tt _
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowle ed before me this ???d day of
C *-I Ic.1 2008, by o..?,1 as
•N
o IV- % of University Community Hospital, Inc., a Florida
non- rofit c rporation, on behalf of the GRANTOR. He/se-i ersonally known to mer
has produced (type of identification) as ldenti ica ion.
1927
Notary P li ate of Florida
(NOTARY SEAL) Printed nam /???? ?• /' ??S
My Commission Expires:
o1?nr p?? NORMA S. PERKINS
* * MY COMMISSION # DD 617613
EXPIRES: March 26, 2011
?r4,,,OMdv Bonded Tlw Budget Notary Services
\353100\4 - # 1394605 v3 4
OR BK 7965 PG 1928
5 of 6
WITNESSES:
Print Name: Sv sr? w ,C. ????u,S
Print Name: .5ctn LQ-r- . 4 &. r. e r
WITNESSES:
Print Name: Sys J / ,C eel C- ?L- i/s
Print Name: ???ra. {..r??g2r
Appr ed as to fo
Laura Lipowski, Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
EXPIRES:1a9uerY
R. Notary pixnt Ano. Co.
r i DIANE E MANN
•NUTARY
1-80Q3 $
STATE OF FLORIDA MY COMMISSION N DD526033
40 _,
COUNTY OF PINELLAS 'E9r?? EXPIRES: Mar.6.2010
(407) 39"153 Florida Notary Service.com
Mayor
The foregoing instrument was acknowledged before me this l944- day of
O cAbA je.T , 2008, by William B. Horne II as City Manager of the City of
Clearwater, a municipality of the State of Florida, on behalf of the GRANTEE. He is
ersonall known to me r has produced as identification.
(NOTARY SEAL)
Notary Public, State of Florida
7SANDV HARRIGER Printed name: ;?J'
( a
MMISSION # DD733691 My Co
- 2012
T foregoing instrument was acknowledged before me this --7_ day of
2008, by Frank V. Hibbard as Mayor of the City of Clearwater, a
ality of the State of Florida, on behalf of the GRANTEE. He ' ersonally
known to me has produced as identification.
(NOTARY SEAL)
Notary Public, tate of Florida
Printed name: 1 a ne e, A(a W 'd P
My Commission Expires:
CITY OF CLEARWATER, FLORIDA
William B. Horne II
City Manager
Countersigned:
\353100\4 - 4 1394605 v3
By:
4rdnk V. Hibbard
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OR COMMENCEMENT
` -ne.... ly --, or CO-EIrrF1 \
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GONNEPCE PAP- PW+GELS 2A
PONT o.
2A-2 AND 29
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- - - - - - - - - - - - - - - - - - - - - - -
ARCEL "IA"
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CONNERTON COMMERCE PARK ?i
z ' PARCELS 2A-l, 2A-2 AND 2H
(Plat Book I', Pogee 32 - 41)
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4r 4 \ r,.' is?M1 DESCRIPTIOI
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400 20D C 200 400
SCALE: 1"= 200'
GALS OF BEARINGS: Fa t- --7 of Ilwa %eley, Ihe.
E.rM.,y ooundary of Me - , 2M-of-.oy for U.S.
HGWAY No 11, hat c G-d eln- M N3123`-*
CCNNERTON COMMERCE PARK
PARCEL IA
'0 FOOT GAS UTILITY EASEMENT
A parcel of land lying in Seclior, 22. Township 25 South, Range 19
County, Florida, and being more Part CU1311Y described as 10110 s:
b / Commence of the Nartheastef.y corner of CONNERTON COMMERCE PARk PARCELS
2A-1, 2A-2 AND 28, according to the plat thereof as recorded in Plat Book 65,
Pages 32 1•+rough 41, inclusive, of the Public Records of Pasco County, Florida. run
\?J//''??, •? /? thence alorg the Eat, fly boundary of said CCNNERTON CCMMCRCE PARR PARCELS
0 0 3\`` p'?_ ,°J / 2A-1, 2A-2 AND 2B, the 1.11-inq seven (7) courser. 1} 5,21'53'.39-w.. 2H002 feet,
-051 p ?\ "6 aa / 2) S.09'O6'S2'W., 297 3,3 reef. 3) 5.60'?8'J?'Y! 51 • •.2 reN. •j 5 '_-6'4n'p1 ^A' ,
R s 1 \' 4?J\ ao R cD`;,M1 // 685.' 3 feet, 5) S.17'07'26 W., 347 47 feet; 6" . NJ1'2S' ,7"W , 180,93 feet{ 7)
4 S
S 5836'03' W 315.00 f to a point an the Emt I- you^dar of •he cdd •,-?l
sqw?c.
\ 4, right el way /or U.S. HICyfWA' N.41, as hec crded in ClNri,;I Records Book 7
r-1eO /y`? Page 1783, of the Public rernda o! Pasco Cnunly. Florida, thefts along aid ?
\ ?PZ$? /yh Easterly boundary, the ldlowing te. (2) ccursrs: 1) NW, 1216.27 !_r. .?
20? GAfi O ?, ( ' / ' the POINT OF BEGINNING: 2) continue. N.31'23'57"W, 28.28 feet: tnenre
UTILITY Ib S.76'23'57"E., 141.75 feet to a point on the Weslefy right-of-way line of
It- /EASEMENT ENSEMBLE BOULEVARD, as shcwn on the of--aid plot of CCNNERTON COMMERCE
V !\\•,'Q.'i PARK PARCEL-S 2A-1, 2A-2 ANC 2B; thence clang said W-tery right-cf - .,oy Iin
;'i\ 5.5636'OJ"W..
6 28.28 feet; thence N.76'2J'S7"F., ICI.75 lest to Ihe POINT OF
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\ 2J•37•E t Q\ '?\ ??? ?{, BEGINNING.
N.31'23'57-lN 24173' ;I t J \' S !'•^ Contoinin 2435 e
28.28' \ 8 \ \ ?eT^ • q guars feet, more or less.
oFat°a \\\ \ ?6? VMS \\?. ap ?\\ H
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CONNERTON COMMERCE PARK
\ PARCEL 1A
20' GAS UTILITY EASEMENT
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\ DERCRIRTION o HEIDT & ASSOCIATES, Io
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