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FLORIDA POWER CORPORATION ..' .~. ,- " -- +.' I CL-151 8113/86 JLR . 'OR1GIN~ EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, Made this 2L,t day of l\.ugust , 1986, between FLORIDA POWER CORPORATION, a corporation of the State of Florida, whose mailing address is P.O. Box 14042, S1. Petersburg, Florida 33733, Party of the First Part, GRANTOR herein, and CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Florida 33518, a municipal corporation of the State of Florida, Party of the Second Part, GRANTEE herein; WITNESSETH: That the said GRANTOR, for and in consideration of the sum of One Dollar ($1. 00) and other good and valuable considerations, in hand paid by the GRANTEE, the. receipt of which is hereby acknowledged, and in consideration of the conditions and convenants herein contained, does hereby grant unto GRANTEE an easement and right-of-way for the sole purpose of a 5' wide sidewalk crossing (sometimes hereinafter collectively referred to as "improvements") within the following described Easement Area in the County of Pinellas and State of Florida, to wit: A 5-foot wide Easement Area lying within a certain segment of GRANTOR's fee owned 225 -foot wide transmission corridor traversing a north/south course through the NE 1/4 of NE 1/4 of Section 7, Township 29 South, Range 16 East, said 225 -foot wide Easement Area more particularly depicted on sketch attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof. GRANTEE shall have the right to inspect, repair and/or replace said improvements, together with all rights and privileges reasonably necessary or convenient for the enjoyment or use thereof for the purposes herein described, subject, however, to the following terms and conditions to which GRANTEE expressly agrees: 1. That GRANTEE shall notify Joseph G. Brown, Jr., GRANTOR's Transmission Rights-of-Way Inspector (telephone 813/866-5109, St. Petersburg) * at least 48 hours before commencing initial construction activities within the Easement Area so that, if desirable GRANTOR can have a representative present to observe the activities. 2. That GRANTOR expressly reserves unto itself, its successors, lessees and assigns, the continued right to occupy and utilize the said Easement Area in any manner not inconsistent with GRANTEE's facilities. 3. Any costs, attorney's fees or expenses incurred by GRANTOR in construing or enforcing this Easement Agreement shall be borne by the GRANTEE. 4. That in the event GRANTEE should remove or abandon said improvements, then the rights and privileges herein shall cease and terminate and the Easement Area shall revert to GRANTOR in its entirety. 5. That GRANTEE's operations, activities and equipment used within the Easement Area beneath or in proximity to any of GRANTOR'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). GRANTEE is further notified and hereby agrees to so notify any of GRANTEE's employees, agents, contractors, representatives or other persons engaging in GRANTEE's activities upon said Easement Area with GRANTEE's knowledge and under GRANTEE's supervision or control, that extreme caution is necessary around all of GRANTOR's electrical facilities, supporting structures, anchor guys or related appurtenances, and in the event of any damages or injuries, GRANTEE shall immediately report the nature and extent thereof to GRANTOR's Clearwater district office, telephone 813/443-2661, Clearwater, Florida. * , or his successor, as designated by the Grantor from time to time, eft'. I....=:.na . !t-.,{I tv UJ ;1 ()/t(( . .,,' 0/ 3O/~b ...1/ (1110 tf50D-3q1, I I 6. That GRANTOR's consent to GRANTEE's use of the Easement Area is limited. Such conditional and restricted consent creates privileges in the GRANTEE to use the Easement Area only insofar as compliance with the conditions herein is continued. 7. That plans for any other utilities such as street lights, overhead or underground utilities proposed for inclusion in the Easement Area must be submitted to GRANTOR for prior approval. 8. That GRANTOR shall not be liable for damage to GRANTEE's improvements howsoever, resulting from the use or occupancy of the premises by GRANTOR. GRANTOR, however, shall not willfully cause undue damage to said improvements. 9. That GRANTEE, in and about the construction, operation, utilization and maintenance of said improvements within GRANTOR's premises, and GRANTEE so covenants, shall not therein interfere with the safe and efficient operation and maintenance of GRANTOR's facilities. 10. That nothing contained in this grant of easement or contemplated is intended to or shall increase GRANTOR's liability for personal injury or death or for any property damage, and it is hereby expressly understood and agreed by the GRANTEE (a) that GRANTOR does not assume any such additional liability, (b) that liability arising out of the use and occupancy of the Easement Area by GRANTEE, its employees, agents, contractors, or any representative, is hereby assumed by GRANTEE and shall be at the sole and exclusive risk of GRANTEE, (c) that GRANTEE shall answer and satisfy to GRANTOR's satisfaction any and all complaints, (d) that GRANTEE shall protect, defend, hold harmless and indemnify GRANTOR from and against any and all actions, claims, damages and/or loss, including costs and attorney's fees, occasioned by or growing out of any actual or claimed usage or condition of the Easement Area arising in any manner whatsoever, directly or indirectly by reason of this grant of easement to GRANTEE for the use and occupancy of GRANTOR's premises by GRANTEE, its employees, agents, contractors or any representative, and (e) that GRANTEE covenants not to interfere with GRANTOR's facilities in any manner whatsoever and shall fully indemnify GRANTOR from any and all losses as in Section "( d)" above resulting from such interference. Provided, however, that* 11. That upon GRANTEE's breach of any condition contained herein, this Easement Agreement after written notification by GRANTOR to GRANTEE of such breach, and upon failure of GRANTEE to remedy or remove such breach within a period of 5 working days after receipt of such written notification, shall become null and void and all grants and rights contained herein shall thereupon immediately terminate and revert to the GRANTOR in absolute, it being expressly understood and agreed that the GRANTEE shall be liable for any and all losses as mentioned in Paragraph 10 above occurring up to the effective date of such termination. GRANTEE further covenants to reimburse GRANTOR for any monies expended before or after termination by GRANTOR to return the Easement Area to its original condition. 12. That this Agreement is personal to GRANTEE and shall not be assigned or transferred in whole or in part without the express written consent of GRANTOR. 13. That the validity of this Agreement is contingent upon GRANTEE 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. 14. That upon completion of operations, GRANTEE shall notify GRANTOR's Inspector of Transmission Rights-of-Way heretofore mentioned in above Paragraph 1 for inspection of the Easement Area. * nothing herein shall be construed as a waiver by the Grantee of any defense or limitation available to the Grantee or to any of its officers or employees pursuant to Section 768.28, Florida Statutes, as the same may be amended from time to time. -2- I I 15. That the validity of this Agreement is contingent upon its being properly executed on behalf of GRANTEE to signify GRANTEE's acceptance of agreement to abide by the terms and conditions. Failure to sign this Agreement and return the marked copy to GRANTOR within 30 days from the date of agreement shall automatically render the Agreement null and void. 16. That GRANTEE furnish GRANTOR with a set of as built drawings within thirty days of final construction. 17. That other than GRANTOR'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 GRANTOR. 18. The entire disturbed area within the right-of-way strip including GRANTOR's patrol road shall be restored to a condition at least as good as that which existed prior to construction. 19. That a free easily passable twenty foot (20') wide accessway be retained along the length of the right-of-way strip and to all transmission line structures for use by GRANTOR for emergency access and for normal maintenance and patrol purposes. 20. That all excavations for GRANTEE's utilization be a minimum of twenty-five feet (25') from the nearest edge of GRANTOR's transmission structures or guying. 21. That no parking or storage occur under or near GRANTOR's facilities. 22. That GRANTEE shall not use a dragline or cable type crane within GRANTOR's right-of-way strip. 23. That no below ground grade drainage or facilities be installed without GRANTOR's review and written approval. 24. That any shrubbery planted within the right-of-way strip shall be of a variety not exceeding 12' in height. 25. That provision in NESC be adhered to regarding distances between ground and conductors. Ground elevation must not be increased mOre than two feet (2'). 26. That GRANTEE be responsible for clean up of any and all spills that may occur within GRANTOR's right-of-way strip. Such spills must be reported to GRANTOR immediately. 27. That GRANTEE shall notify GRANTOR's Superintendent of Transmission Underground (i.e.), D.M. Falvey or his designated alternate, at 813/866-5729, S1. Petersburg, at least 48 hours prior to GRANTEE's performing any excavation within GRANTOR's right-of-way strip in order that GRANTOR may arrange for an authorized representative to be on site to assist in establishing the existing location of GRANTOR's underground fuel oil pipeline and to observe all excavation activities in proximity to said pipeline within GRANTOR's right-of-way strip. -3- I I IN WITNESS WHEREOF, the aforesaid Parties have caused these presents to be signed in their respective names by their proper officers thereunto duly authorized and their respective corporate seals to be hereunto affixed and attested, all as of the day year first above written. Signed, sealed and delivered in the presence of: Signed, sealed and delivered in the presence of: /;w#~/~ ~/W~~ Approved as to form and correctness: ~ FLORIDA POWER CORPORATION (M GR~ By VlK(e Presi ent Attest: B Attest: - ~ ' A^ -..- :- ,- l._ J~5~~.-.'....' CRY Cle:i>k.':o.- .~ " . . /", .,.' .' "'~ /. . \. -4- I I STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) ss. The foregoing instrument was acknowledge before me this 21s t day of August 1986 by G. C. Moore , . , as Vice President and by Cathleen P. Kortright as Assistant Secretary, respectively, of FLORIDA POWER CORPORA TION, a Florida corporation, on behalf of the corporation. ~G,~ Notary Public ';''' .~ Notary Public, State of Florida at large My Commission Expires: My Commission Expires JUNE 28,1990 * * * * * * * * * * * * * * * * * * * * * COUNTY OF PINELLAS ) ) ss. ) STATE OF FLORIDA The foregoing instrument was acknowledged before me this 19th September 1986, by Anthony L. Shoemaker day of w. A. Galbraith, Jr. , Kathleen F. Kelly and Cynthia E. Goudeau respectively City Manager, City Attorney, Mayor-Commissioner and City Clerk of the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, on behalf of the corporation. ~ ~... otar~ u blic ..> .-:. _' ~ :, '~ My Commission Expires: '- . Nti~"ry Public, Stilte of Flor~da My (olill",.;ion Expires July 12, 19b~ ~~. ~onJc-J "Ii-de.: j.r0Y ,i:l.ll~_ - L-,..u.;"'.'~C:' II].:, -5- I '-.S' 1J m - ("\ Z :-t m ~ r " r IS' ~ P -..J' n 87.5'.. 87.5' . !10' ~ 0 I C (S) 2Z5' I Z (T1 -4 ;tl .~ ~ :n P :Il ,-,. f' ~ r-. (It 11 (It (1\ I '" ~ ~ a t- o ~ v 1! t. e '. .,~ ; , f' ' I I ~ r ~ m z ",. VI [)1 ~--~ I 0 8 r o .Gl 11 (Il r. 0 0 () c= :n :\l 11 'iii ~ ] f' :n )( 6 ~ -I :u ~ ~ [ jq {) i ~ . F 1:. ~ ,.... 11 (It-../- rn [ r:' z ~ 'Z' en ~ In ! ~ v U\ ~ B ~ z: 'iii' r x ~ ~ ~ Florida Power Corp. Rea I Estate Dept. CITY OF CL.e./~~\Wi\.1'e=t ?1V'E'toII1.~ (eL -171) 8-1~-&o Drawn by: A. ,uJPER70N r:,~':,~. ~..- ~ ) ~'_~~. ~ T s. ti' 1 RE: -'309 L.