AMENDMENT TO LICENSE AGREEMENT OF 12-18-86
\ ,
City of Clearwater
HD-32 to HD-33
ETS #20040293
AMENDMENT TO LICENSE AGREEMENT
This Amendment to License Agreement 87007004 (hereinafter referred to as the
"Amendment"), made and entered into on this ~ v day of s,~ 2004, by and between
PROGRESS ENERGY FLORIDA, INC., a Florida Corporation, whose mailing address is 3300
Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as "LICENSOR"); and
City of Clearwater, a Municipality, who~e mailing address is P.O. Box4748/ Clearwater,
Florida 33758-4748 (hereinafter referred to as "LICENSEE"), herein;
WITNESSETH
WHEREAS, LICENSOR and LICENSEE have heretofore entered into that certain
License Agreement dated Dec. 18t\ 1986 (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
Tnmsmission Right of Way in the SE 1/4 of Section 7, Township 29 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 parking; and
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: To allow for addition
parking Area, Exhibit "A" to this Amendment is to be add to the already
Existing Amendment and Original License Agreement's Exhibits to reflect the
additional Licensed Area, said Existing Amendment and Original License
Agreements are attached hereto and made a part hereof;
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
Page 1 of2
, '
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.
4. 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 of the 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 ~~~
Printed Name: ~O~Q.-) ~. 0\.
BY:~~ ~
Sarah S. Rogers, VIce PreSIdent
Transmission Florida
Si~~.~~' .
Printe Name: (9'h l h,. f-\\e~~\~ ~L..-
Attest: R
R.At
DATED this ~ "J
Dayof _f4"!~II"'+
, 2004
4~~O":>'-
"'.\> "" ,,~,
/~, . ',;~)'\
" \
f CRIl,\^"=("::C',ONEN
~ ~~ Htf'I':::6. '?A"
\ Byg/~i7-
\p"T::' -,-/-!lJ-flY
"'-,
WITNESSES:
City Of Clearwater (as LICENSEE)
Sign Ct,. J~ ~ By: i-<A~> j/ J/#d h,..
Printed N;;;-:C~J 'D Ir' k J Brian J. Aungst /
(t... () Y h D, I h M
Signf)JI~)()' /JaNf>>1 ) BY:~~:~ /J Ii
Printe'dName: J)wiwllM~'-' (~.~-rr.
William B. Home II
J City Manager
DATED this 2_~ Dayof ~. 2004
Attest:
Laur ul,.ip,owski
Asst. City Attorney
Page 2 of2
7-13-04; 10:59AM;PARK AND RECREATION
;7275624825
# 2/ 2
, "
,\ ..-;,
,,' .
.: "
"
CITY 8,LU-i; PRINT CO.
... " ..
L
'..
..
8'1.5"
81.'5
PINELLA~ COUNTY
2"'lO' :t
PINELLA5 COUNTY fLA.
Off.REC.BK 12284 PG 1775
NORTH UNE
SE.1/4, SE. 1/4
,..
~~
..
...-
0"
..
leg
....
EN
==~
S OQo43'43"W 150;01'
2'59. 0'
~
In
'en
lI.
0.,;
'4.
...
-!!!
o ID
<( !!!
o
a::
o 50 100 200
~ I
SCALE IN = lOa'
1
I
I
Z ..\
<( 0,
::!: 0 I
:c 0\
u 10,
<( -.
o I
U
S Ooo45'45"W 150.00'
C
.J
o
;'3'
If
.. i
lit ~
= ,.;
lJij t
...
~
WE IT'll')
'L~END .
E.fI"'e. Of' F.P.C..(FEE-O~IJEtI) ~/W
1 'i8U' V"- t OP'. F.~C... Ti26.N~. L'lJE
er..,IA'1: _ - AeEt... ..
U.~. PIPE
MOl /, p",~ ~/CJ;;~SJIJ /WI/;
.....
0,
o
S!
DREW
SOUTHEAST CORNER
SECTIOR 7- 29 - .6
SKETCH
ONLY - NOT
A
SUR V E Y SEE SHEET 2 FOR LEGAL DESCRIPTIONS
CUMBEV & FAIR INC. t1if\
CONSULTING CIVIL ENGINEERS ~
THE
COMMONS
INGRESS- EGRESS EASEMENT
LYING IN
2483 ENTERPRISE ROAD, CLEARWATER, FLORIDA 3111175
JOB No. 334 E
SEC. 7 TWP. 29 S.t RGE. 16 E.
1-27-04; 1 1 :41AM;PARKS and RECREATION
;7275624825
# 2/ -13.
. .
.-: ,'~
City of Clearwater
Higgins-Disston 115 KV, HD-33
ETS #20030329
AMENDMENT TO LICENSE AGREEMENT
This Amendment to License Agreement 87007004, OR 6404 PG 104 (hereinafter
referred to as the "Amendment"), made and entered into on thiS:7.3 -...J day ofO:~2003, by
and between FLORIDA POWER CORPORATION, a Florida Corporation, whose mailing
address is 3300 Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as
'"LICENSOR"); and City OF Clearwater, a Municipality, whose mailing address is Box 4748,
Clearwater, Florida 33758-4748(hereinafter referred to as "LICENSEE"), herein;
WITNESSETH
WHEREAS, LICENSOR and LICENSEE have heretofore entered into that certain
License Agreement dated 18 Dec 1986, (hereinafter referred to as the "Agreement"), a copy of
which is attached 4ereto as a composite "EXHIBIT B" 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
Transmission Right of Way of Section 07, Township 29 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 parking; and
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: Exhibit "A"
(sketch/drawing) contained in this Amendment, shall hereby replace the
original Exhibit "A" (sketch/drawing), to reflect tbe improvements as agreed
upon by both parties.
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.
P~O'P 1 of;
1-27-04; 1 1 :41AM;PARKS and RECREATION
;7275624825
# 3/"13
.'
, ,
4. 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:
BY:L~~~:h~6_:i
Print 01' Type Name. &i~"'-' 6, t"'i<-. c..-c:'".c;~
By:,-f'~~ t... \\cJlO
Print or Type Name: \' Clo \'\"'\C\C' ~ t. " C4 \\
FLORIDA POWER CORPORA nON
(as )
By: JJ-,J ~
Sarah S. Roge .
Title: Vi~e President, Transmission &
RTO Development
Dated this 1<.0 -tiJ-day of J~
, 2003.
By:
Print or Type Name:
(as dl
By: .~~ fl. ~-Z
WITNESSES:
By:
Print or Type Name:
c: ~ ~. N1:::- . --------.
/~~
Title: City Manager
.vU .
Dated this?-'? day of Od.ob..-- ,2003.
/...----...
Approved as to Form:" j /; /
By: ~
L ,,' ,,' .,' I. ",/. .. "(.I
. -r-TV(<:..I-/- L...t(-{'lJ-:; '......(
Ihsf-.City Attorney
Attest:
'L [, /~~- Q---
1-27-04;11 :41AM;PARKS and RECREATION
,!I
.:.
i. ~ n [;_~.
- ~~t
:::i !)!B-: ~ 8.!lj
:<'~ee-ot:
Existing Drive
Limits of Progress Energy Right-of.W.y
Overflow Parking, Paved Drive
Aisles wi Grass Parking Stalls
New Carpenter Complex Enlrllncc Drive
Asph.11 pavement
Concrete Slab per Progress Energy
Specs, to Protect Hot Oil Pipeline
New 15' Wide Trail
Overflow Parking, Paved Drive
Aisles wi Grass Parking SlaIls
Approximate Location of
Hot Oil Pipeline
Concrete Slab per Progress Energy
Specs. to Prolect HolOil Pipeline
New 15' Wide Trail
New Paved Parking Lot wi Curbs,
Lnndseoping. Fencing & Lighting
to meet Progress Energy Specs.
EJrisling Aph.ll Drive into Bomber Field
To be Removed
New aeRrw.ter Community Sports Complex
Enlrance Drive, Asphalt pavement w}
Rollover Curb
Concrete Slab per Progress Energy
Specs. to Prolect Hot Oil Pipeline
Sharky Road
Existing Progress Energy Towers
Existing Drive to Remain
Limits of Progress Energy Righl-of,Way
;7275624825
# 4/ 12.
--::::
r; Existing
( Pond
-I
NOTES:
1, SOUTIl SIDEWALK
8' WIDE CONCRE'IE SIDEWALK
2, SOUUl ACCESS DRIVE m PLAZA
24' WIDE ASPHALT DRIVEWAY WI ROLLOVER CURBS
3 ' PLAYERS PARKING LOT
ASPHALT P AIUONG LOT WI CURBS, LANDSCAPE TREE
ISLANDS, FENClNG AND UGl-mNG
II"'T'1I
><
:::D=:
-
lOCI
-
---I
Jic:::-
: ~u ~
o
4, NORTH-SOUTHPAVEDlRAlL/SlDEWALK
CLEARWATER COMMUNITY SPORTS COMPLEX
5, OVERFLOW PARKING AREA
ASPHALT DRIVE AlSLES WI GRASSED PARKING STALLS
FOI\
6 ' DRIVEWAY INm EXISTING CARPENTER COMPLEX
24' WIDE ASPHALT DRIVEWAY WI ROLLOVER CURBS
CHARLOTTE ENGINEERING &SURVEYING,INC
ClV'[ H/CIN[rflS. tM'OStlP[ AACtGTECTS. WID OEY:1CPLtt:m k
SPORrs f,llCnllY CONWlTmrs, lA'ID SIJR'V[Y(IRS, fORD/SIC rf.,'C~:;({RS:
.
"
<
~
"
li
THE PH/LLlES
3300 Soulb 11b S_.
Philndepbia. rA 1914S
Tc:lc::"llonc No. {215) 952.8359
Po. No. (215)952.8384
FLORIDA POWER-A PROGRESS ENERGY Co.
SITE PLAN
CLEARWATER COMMUNITY SPORTS
COMPLEX & PHILLIES SPRING
TRAINING FACILITY
lljnlpoOfb
"O$.~,6W.5u:1.20&
lll'rl/r.l.n, JJ'(I<l
hltp~:~1 H1. (GIJ) fn~2j.)~
r.1 ~ (SI~llG?~l(ti
$
rn No. 2904
lBllo.m<
lC HI). 371
'. '..
...",:
:...
,
.'
1-27-04; 11 :41AM;PARKS and RECREATION
."
'.
. 'l.~
Guide lines for ConB~ruction Crossings of the Bartow to
1\nclote c,n line
-The Florida Power Corporation-Bartow to Anclote Thennlll
insulated oil tranSlport: llhe has beer itl9l:alled and is
operated in compliance with ~itle 49-Part 195 Federal
b.O~T. - Tr.nBporta~ion of Li~uid8 by pipeline.
~. Buried Structures - Crossinq Aituations
The minimum clearances required for ero!l8inl;J Slil:uatlons
of the U/A oil line and propoDed other lin.. or struc-
tUres folloWD I .
.;
HaLntain 12.inches 01 cleaxRnce b~tween the oil
line and other pipes or structureD being buried
and crossing the line.
b.
2'.
When 12 inches of clearance 111 nol: pract.ical.
provillions can be negotiated with Flonds Po~er
Corp. for a Substitution of the 80il btrrier witl1
~~n approved barrIer.
I Minimum' Soli Cover over D/A oil line
'\
The minimum 80il C!ov~r requirement. at. l\ny location
alo"9 tJd_s Bartow to Anclot.e 011 pipe lihe had been
e.tablidhed in compliance ~lth Fe~eral D.O.T. code
t.o _be ~8 inch... as r.fe~enced from top of the pipe
t.O 9rou~d level, road bed. river bot.t.om, drain ditch
bottom, etc. Any variance int.hl-l' mfnirnum protective
8011 Cover MUSt. be negot.iated wit.h the Florida Power
Corp. for DUb.titute, prot.ect.ive,equlvalent approved
concret.e.structure Drawing I A~S-34-^-1.
Patallellnq - Buried Struct.ures
Thes~ are two 8~andard8 oE acceptabil~t.y for parallel-
ln9.B.l.t.uationUI
a. Florida Power Corp. R/w , easements and ot.her Con-
t.rolled areas,
3.
1) ~ll PGral1eling of burled structures and other
pipe. t.o the D/^ 011 line must mainlain a
minImum of three (J) feet. 8urface to surface
olearance.
b.
^ll paralleling ait:uaHon9 oull!l!de the control of
the rlQrid& Power Corp. should request the minimum
'three IJ) feet. surface to 8urface elearnace. ~Hnimum
acceptable is one 11) foo~ surface to 8urf~ce, pro-
viding adequote proviBions are made for corrosion
control. . (.'. ~ .
( /J; ;:/~ '\
D. M. T'alvey'
1 <'-1 6-00
Page 1 of 2
;7275624825
# 5/ 13
)
1-27-04; 1 1:41AM;PARKS and RECREATION
;7275624825
# 6/ 13
, .
('. ,
. I." :...
"
.......-:
.....
.. I ~';. ~.
..:...-....
...-...-...-....
0
.,
Ir) {-
I . '
, .
\
'$I!~ P18rPIl. 'js"
r
.'t . ,.. ~
... '--:- ......,-~
+"4 U.l~
....-.. .
-
~
-11:,
~lr '. . ""U!.
. P L'_A .N.=.~'.
,f('At.: ,- .'~ ~Q:
!
"iI_n ~~7
ALl 1I"~..."'1l'
."s ~~ 12 Ift::..e lAc.....".,
ID',o"
.J
.. E L c 1I A :r ION ·
HALE: ,.....Z'.q..
~
t. e.... "".. .tTt ..I.. .......', .r 1000 "......
t. ..,.... I. Atl" .," ,,..f. 40.
I. e..., tlli..". h..., .. _...." ,~t""
1....1
4. M'.. ,- ..... thlr .41 "t,.,.
4 'P; J.loLE
.Ul[lllAl I..tn rllll t...c~ 11.."'1
COtfCM n
0.11.11'
llflNrOllClllI "Ill
DETAIL IJH
____ J(AU ,".. ,'.0.
I .. It.,. ~.,. .1 ,'.. ,- t hhl "'h,.t . .,'.0.-
11- J4,. a ~"I _I 4'.. ,., hnt ..",..t . .It' ....-
04 ... Ht,. ~.,..t 10. Il.,.1 ,",.,., . ,'. 4.
I' ....., ).,. ,. I' .r- ('."1 ..e..,.t t 1'...-
"., '.~n ...., ...., f'.'."
HI'. u'"
I.t.." AOOto t.lAI!IlIAl 1I" rkS - &T
~. I~ I.I~D rot? c/./,nrr"I('F70"-'.,J -J' .fJ.
0'{T1" IlEVltloN 8Y CK, APT'.
dl1Q lICAl.t~~er.ilGun_'?::Lcl\.n'v.PP.QJ.I
CONCRETE P/PEUNE
COVeR SCABS... ___'_.."
PROJECT B4RTOIV-AN((OTc P/?EUtVE
FLORIDA rOWER CORPORATIOH
It. 'tlt"ltU~l.'I H.I:qIIDJ.
.
DRAWl NO NO. /1-534 -:It- I
1-27-04; 1 1 :41AM;PARKS and RECREATION
;7275624825
# 7/ 13
:
... .~
,11-CHQ I OOtJ7 0
. (!., (]C./-.
4ORec~J?~
46 p~
Total '17< '1"~'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 474B, Clearwater, Florida 33518,
Party of the Second Part, "LICENSEEu herein;
87004'004 CL-156 10/24/86
!!I! ,g ~ !! ~!; ~!! ~ !; ~ M lLNlz
~ 4 0,4 PAGE 1 0 4
~lNAL
,. v
~
v-
WITNESSETH:
WHEREAS I LICENSOR is the owner of the fee simple title to (among
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 BOO foot long
c:> strip of said tract being hereinafter referred to as the "License Area" and
~ ocfienerally described as shown on sketch attached hereto as Exhibit "A" and by
~ ;!this reference incorpol'ated herein and made a part hereof;
,.,j c '1"
;.~ ~'o:
t...:f .t.o ~nd,
.."; a:::I . m
~ J ~ ~ o...l ' WHEREAS, LICENSEE is desirous of acquiring from LICENSOR the
: t; -< f;; l=llimited privilege and license to occupy and utilize the License Area for
. ,~~ ti"parking
< u g ~
~ 0 ~and
roo ~ ·
=u
U
....
~
~
!:;
e:.
Vi
. ",
) l:d ;;;: ffl
.. ffi ~ ...:.
"~ lo<:~
~ U 01=1
~ i>". !Xl t:i
)'~
.. . -<
, ~
r;:::
-<
l.>.:l
~
U
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 liB" and by this reference incorporated herein and
made' a part hereof.
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 ~asonably 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 $10.00 payable in advance, commencing January 1. 1987, for
each and every calendar year while this limited privilege and license remains in
effect. The yearly fee may be recomputed each subsequent year by LICENSOR
and may be adjusted as appropriate to reflect fluctuations in the real estate
value and other variables attributable to the License Area. LICENSOR shall mail
a yearly billing invoice to LICENSEE, and LICENSEE's advance yearly fee checks
shall be made payable to FLORIDA POWER CORPORATION and mailed to
LICENSOR. .
3. That LICENSEE shall notify, at least 48 hours prior to commencing-
initial construction activities within the License Area, Joseph G. Brown, Jr..
Transmission Rights-of-Way Inspector. telephone (813) B65-5109, St. Petersburg.
4. It 'is expressly stipulated by the said LICENSOR and LICENSEE that
this License Agreement is a license for permissive use only and that the placing
of any improvement upon the property pursuant to this Agreement shall riot
operate to create or vest any property l'ight in said LICENSEE.
5. It is expressly stipulated by the said LICENSOR and LICENSEE that the
privileges proVided herein create no perpetual rights but determinable privileges
depending solely on the conditions in this Agreement and at no time shall this
License Agreement be construed as e. License coupled with an interest.
6. That LICENSOR 's consent to LICENSEEls use of the property described
herein is limited. Such conditional and restricted consent creates privileges in
the LICENSEE to use the land only insofar as the conditions herein are complied
with.
<--
~
::.:,\\ .. r
;:;';-:"
-~
"
","' -,
:~"'j
--< ,>.~
-, ,-, ;;..
.'1~. ~"
,-::--
~.. ,. ~
'. r' f
~:7;
LD
<"'''l
1-'
-.;
r; /'i I
\,'G.
h:r1/,,}(.0.... 1/ILf/?' 7
""'\,,' -+-'('
:,..f~... - I ,1 "v, I ,_,~
-n
=
co
--.I
f.}}
EXHIBIT B
/'
\
(! i./)
.. .....
~.~~~
~ ,"41.1.,..-;
.' :;$~'
') }
1-27-04; 1 1 :41AM;PARKS and RECREATION
;7275624825
# 8./ 13
.
."
I
I D.R. 640 (Hm
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. .
B. 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 01' remove the
utilization described herein should LICENSOR determine that such utUlzation
would interfere with LICENSOR's facUlties or use of said 1l1'e8.
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 privllegeend 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, Bnd
LICENSEE shall have no right to compensation fol' any expenditures by
LICENSEE upon revocation of this License Agreement, except the LICENSOR shall
return the un.earned 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 lJabillty for personal injury or
death or for any property damage and it is . hereby expressly understood and
agreed (a) that LICENSOR does not BBsume 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
aesumed 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 lor 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 Bny person not a party to this License Agreement, however, nothing
herein shail be construed as a waiver by the LICENSEE of any of the defenses
and limitations available to the LICENSEE pursuant to Section 76B. 2B, Florida
Statutes. or successor provisions thereto.
15. That the validity of this Agreement is contingent upon LICENSEE first
obtaining proper zoning, authority, approval andlor permit from the appropriate
governmental body or public agency having jurisdiction over such utilization at
this location. If stIch zoning, authority, approval and/or permit Is not secured.
this Agreement will be considered null and void.a
-2-
1-27-04;11 :41AM;PARKS and RECREATION
;7275624825
# 9/ 13
,. " ~
!.
'--"';:::::
I
I
O.R.6 4 04P!GE 106
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 a.nd their respective corporate seals to
be hereunto affixed and attested, all as of the day and year first above written.
~.&;l. W~a...cJ:L.-
. Signed. sealed and delivered
'iri the presence of:
By
~)# t6.,a O~
Attest:
l~Jt?~/J17
Assistant Secre ary
(as LICENSOR)
~~~.gn.:tl~iR7
-.," ......:0'~ /'~:i' ~
.,.... .....,' ~ /.' . ;//"1
L/Z//tL6-1 . i({. ~l
tMayor-Commissioner /j
Approved a~ to ~
correctnes
By
Attest:
~
)
* * * * * * *
STATE OF FLORIDA
ss.
COUNTY OF PINELLAS
,...",,;,;. .....
.~\ ~. . . .
".:..-....\:/~.. . d_..._ The foregoing instrument was acknowledged before me this
'.t ,,,,>;r9~ day'.of December , 1986, by G. C. Moore as Vice Presi-
ff' t\:~':!.:,.~P~ .cathleen P. Kortriqht as Assistant Secretary on behalf of
,: ','.'. FL.:.p_~~rElA 'POl-JER CORPORATION.
\.~~\~: (i1J~~~Cll Seal) ~ b-Jd..C
MY' t'tmUniss ion Expires: Notary Publi c
Noiaiy Public. Stale of Florida al Large
My Commission Expires JUNE 28, 1990
* * * * * * *
-3-
~'~'~+..
'0 ,"'.....
, :,.",:'''y.'
; ":~.t;-j~r
)
1-27-04; 1 1 :41AM;PARKS and RECREATION
;7275624825
# 10/ 13
.'
,
"
I
I
O. R. 6 4 04 PAGE 1 0 7
'" '" '" '" '" '" '" 1<
S'l'A'l'E OF FLORIDA
55.
COUNTY OF PINELLAS
The foregoing' instrument. was acknowledged before me this
31 st day of December. ., 19 86~, by KATlU..EEN F. KELLY.
~ONY L. SHOEMAKER, CYNTHIA E. GOUDEAU, and M~ A. GALBRAITH, JR., Ma yor-Commissioner.
City Mana~er. City Clerk. and City Attorney. respectively.
of the CITY OF CLEARWATER, FLORIDA.
)?~ - ~/'g{/r, ~~:;:j[;-~.:
No~;;~it>~'{ .... .z.,~:;" ..
'. ,:}~~:~~:.~.~,:> '~:/
(Notarial Seal)
M~. CO~~~.i~~.. E;xpires:
. [~l.t"" I.""......, .. . ' ..... -...
My. COmlill!;::'h.h Ll .::'..,: ~. t/ .;...~. ';..'-':.i
~ 1ucl.!4 l.~l'!)!.~, ["iil,: IU.iill'...KO>. .a.:...
'" * '" * '" * '" *
-4-
'.
1-27-04;11 :41AM;PARKS and RECREATION
,!
'. .
;7275624825
# 11/ 13
o.R.6 4 04PA6E 108 EXHIBIT A
~.. ~" I~ .~ -0
Z
/l1 m
Z r
tl
I ~ r
c r"''lf'-m i>
0 o ~ B ,-..,m,'I---....
III
z: " III
..... III :n '7~
l'l 0
i> :II "
~ p ;t1 ... n
0
r -I ;1l ;0 0
~ ~ fI I
"11 ,.... C
;-. ;j
~ 1'1 ;1l IS' Z
r '!' ~ .
z. c m --l
z. /11 z: 't:: -<
JiI JI\ z
o,J In
-2.
1!
e.
l~
"~' .
)
Florida Power Corp.
9 Real Estate Depl.
au>
COACH/IAN Ro. J
I~
F.P-C, (FEE-_) ..../W
. ove~Ft.a'V
~ ~ ~
It ~ ".
l~'':!:
P6RKI"'~
~l"\
~ hn \
\l i>
{ll V'
z: m
~ 01
m ;>
/ll r
r
-n
m '11
E rn
r
'(1
() v-
a
;;:.
\l
h;
6
~
CITY OF CLE.AIC..\\lt..,iE.R
OVe.I~V PAmo:.It-J9 (CL-I%)
10-30-Be., Q.E.. 537 L.
Drawn by: '^'. AJ-JDER~O\J
EXHIBIT "A,"
1-27-04; 1 1 :41AM;PARKS and RECREATION
;7275624825
# 12/ 13
..
.
.
" ,l,
. ~.
I
,
O.R. 6 4 04 PAGE 1 0 9
;:
,gf~,g,LElf. ~~~!!!:B.~M~.!!.!,g
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 elate 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 iJronediateIy.
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 LICEl'l'SOR's
right-of-way strip upon and across the land involved in a condition
compatible with the surrounding area.
R.The entire disturbed a1"ea within the right-of-Way' strip including
LICENSOR's patrol road sbaJl 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 accessWl!oy be retained
along the length of the right-of:-WBY 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 andlor culverts within LICENSOR's right-of-way
have sufficient earth cover to prevent breakage due to the operation of
LICENSOR's vehicles and heavy equipment within the right-of-way.
M. That no below ground grade drainage or fac:ili.ties be installed without
LICENSOR's 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.
O. That any shrubbery planted within the right-of-way SL.'"ip shall be of a
VBri€ty no e:xceecfing 12' in height.
P. That LICENSOR shall not be liable for d.s:ma.ges to said landscaping or
parking resulting from operations necessary to maintain LICENSOR's
facilities.
Page 1 of 2 Pages
EXHtBlT "[\"
"."
.' ' ~ ~,
~,
) )
-,
:, . '..- .~.: ..
1-27-04;11 :41AM;PARKS and RECREATION
;7275624825
# 13/ 13
~! ,~
.,
lO.R.8 4: 0 4 PAGE
110
Q. That provision in NESC be adhered to regp.rding 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 8 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 (i. e. ) , 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 LIGENSOR's right-of-way strip.
U. That no parking be allowed within fifty feet (50') of any transmission
structure or guying.
Page 2Gf 2 'Pages
EXHIBIT "B"