FLORIDA POWER CORPORATION (8)
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, Made this 1st day of October ,
1987 between FLORIDA POWER CORPORATION, a corporation of the State of
Florida, whosemailingaddressisP.O.Box14042.S1. Petersburg, Florida
33733, Party of the First Part, GRANTOR herein, and CITY OF CLEARWATER,
FLORIDA a municipal corporation of the State of Florida, P.O. Box 4748,
Clearwater, Florida 33518, Party of the Second Part, GRANTEE herein;
WITNESSETH: That the said GRANTOR, for and in consideration of
the sum of TEN DOLLARS ($10.00) 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 covenants herein
contained, does hereby grant unto GRANTEE an easement and right-of-way for
the sole purpose of installing, operating and maintaining an 8" water line
(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 20 -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 SE 1/4 of SE 1/4 of Section 7, Township 29
South, Range 16 East, said 20 -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 JosephG. Brown, Jr., GRANTOR's
Transmission Rights-of-Way Inspector (telephone 813/866-5109, S1. 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.
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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 to the
extent of Section 762.28, Florida Statute, 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.
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.
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.
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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, dumpsters, signs, 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 any and all pIpmg and/ or culverts within GRANTOR's
right-of-way have sufficient cover to prevent breakage due to the operation of
GRANTOR's vehicles and heavy equipment within the right-of-way.
24. That no below ground grade drainage or facilities be installed
without GRANTOR's review and written approval.
25. That any shrubbery planted within the right-of-way strip shall be of
a variety not exceeding 12' in height.
26. That provision in NESC be adhered to regarding distances between
ground and conductors. Ground elevation must not be increased more than
two feet (2').
27. That any sprinkling system that may be installed shall spray no
closer than twenty-five feet (25') from the nearest edge of GRANTOR's
structures or guying and to a maximum height of ten feet (10').
28. 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.
29. That GRANTEE shall notify GRANTOR's Superintendent of
Transmission Underground (Le., D.M. Falvey or his designated alternate, at
813/866-5729, St. Petersburg) at least 48 hours prior to GRANTEE's
performing any excavation within GRANTOR's right-of-way strip (property) 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.
30. That GRANTEE make special note of Guidelines involving GRANTOR'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 GRANTEE shall
comply fully with said Guidelines.
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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 and year first above written.
Signed, sealed and delivered
in the presence of:
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Signed, sealed and delivered
in the presence of:
FLORIDA POWER CORPORATION
(as GRANT R)
Attest:
CITY OF CLEARWATER, FLORIDA
(as GRANTEE)
'--'L ~/7_ ' /J) .' By: r".s::
/1e.P~ ~~eri ityManager . ..'
ttest:
Approved as to form
and correctness
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STATE OF FLORIDA )
)ss.
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this 1st day of
October , 1987, by Philip C. Henry and Kenneth E. Armstrong
respectively Vice President and Assistant Secretary of FLORIDA POWER
CORPORATION, a Florida corporation, on behalf of the corporation.
( Notarial Seal)
My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires JUNE 28, 1990,
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Notary Public
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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BEFORE ME personally appeared Rita Garvey, Joseph R. McFate IT, M. A.
Galbraith, Jr., and Cynthia E. Goudeau, to me well known, and known to be the
individuals described in and who executed the foregoing instrument as Mayor-
Commissioner, Interim City Manager, City Attorney, and City Clerk, respectively, of
the above-named City and that the seal affixed to the foregoing instrument is the City
seal of said City and the said instrument is the free act and deed of said City.
WITNESS my hand and official seal this /~ day of November, 1987.
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My Commission Expires: My (ommimon Expires July 22, lng
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SOUTH L.INE SEC.7
SOUTHEAST CORNER
SECTION 7-29-16
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COMMONS
SCALE I": 100' DATE 10/15/86
INGRESS- EGRESS
L YI N G
EASEMENT
IN
2413 ENTERPRISE ROAD, CLEARWATER, FLORIDA 33115
JOB No. 334 E
SEC, 7 TWP. 29 S., RGE, 16 E.
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