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FLORIDA POWER CORPORATION (8) , INST # 96-086265 APR 1, 1996 3:47PM I .~ 1 i1C'.(;,OF<~j:;:..~::~ .' ,h,(;eT /_t.J.HL1.,J! (' c rj F 0 0" ~,- "".),",..~. :iEC 4;;1..,00 ._...~_.._,-,.-- DF,2H ..-:20 ..... C'" Lv lNT PiC S-95-7 3/31/95 JLR PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 345 EASEMENT AGREEMENT CFRT - ~-_. THIS EASEMENT AGREEMENT, Made this 23rd day of May , FEES --1995, between FLORIDA POWER CORPORATION, a corporation of the State of Florida, MTF whm:emailingaddressisP,O. Box 14042, St. Petersburg, Florida 33733, "GRANTOR" herein, and, City of Clearwater, P.O, Box 4748, Clearwater, Florida 34618-4748, "GRANTEE" herein; TOTAL__ L{ ~ , '? 0 WITNESSETH: That the said GRANTOR, for and in consideration of the sum of Ten o/~ 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 constructing, utilizing and installing and maintaining a new traffic light signal system and sidewalks (sometimes hereinafter collectively referred to as "improvements") withiti the following described Easement Area and as depicted on sketched hereto attached as Exhibit "A" in the County of Pinellas and State of Florida, to wit: co "<:t I' co'"'f """'co 1"--..- """'<.0 ..~X~ ~o::o WOO z-Jw-l a:uuu- :::l~U::a: tu_u-w cx::uo..- r<C en:;;: OtOC IV'... <l( W .-J (J:.1I 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: A. 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, B. That any costs, attorney's fees or expenses of litigation incurred by GRANTOR in construing or enforcing this Easement Agreement shall be borne by the non-prevailing party. C, 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. D, That all of 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 OocUmltntary Tax Pd, $ 7IJ $-- Intangible Tax Pd. Karl&lln F, D~8Iaker. Clerk, Pinell.88 County ~V ~ ~ Oep!ItV Cl.a i j,<I/)25-") '/} "":! I '7 (., ... ../,- '~ '. ~ - ! ~ (33) I J PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 346 shall immediately report the nature and extent thereof to GRANTOR's nearest local office. GRANTEE further notes specifications pertaining to necessary precautions and requirements within GRANTOR's premises. Said specifications attached hereto and marked Exhibit "B". E. That the validity of this Agreement is contingent upon its being properly executed on behalf of GRANTEE to signify GRANTEE's acceptance of and agreement to abide by the terms and conditions set forth herein, Failure of GRANTEE to sign this Agreement and return the marked copy to FPC within 30 days from the date of the Agreement shall automatically render the Agreement null and void. F, 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. G. 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. H. That GRANTOR shall not be liable for any damages to GRANTEE's utilization howsoever resulting from GRANTOR's continued use and occupancy of the Easement Area; GRANTOR, however, shall not willfully cause undue damage to GRANTEE's utilization. 1. That GRANTOR's Transmission Rights-of-Way Inspector (i.e., Mr, Terry Whitecar or his designated alternate, telephone 813/866-5109, St. Petersburg) shall be notified by GRANTEE at least 48 hours prior to GRANTEE's commencing initial activities within the Easement Area, J. That GRANTEE shall comply with all federal, state and local laws, rules and regulations in respect to the use of the Easement Area. GRANTEE shall not store, dispose of, treat or generate any hazardous waste or hazardous substance on the Easement Area, GRANTEE shall not use any hazardous substance on the Easement Area without the express advance written approval from GRANTOR. Approval from GRANTOR shall be solely at the GRANTOR's discretion, The terms "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 "J" shall be cause for immediate cancellation of this Easement Agreement and GRANTEE expressly agrees to be liable to GRANTOR pursuant to Paragraph "R(e)" for any violation of this Paragraph "J". Page 2 of 4 Pages fTFJfi'IAL ! 1~~.j _I I PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 347 'K. That GRANTEE shall not use a dragline or cable type crane within GRANTOR's Easement Area. L. That GRANTEE 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'), M. That if the utilization area is fenced GRANTEE shall install a sixteen foot (16') wide gate in the fence making that portion of the right-of-way strip accessible. Gate should have a lock installed by GRANTOR. N. That GRANTEE shall assume the sole duty, responsibility and obligation of mowing and otherwise maintaining the surface of the portion of the Easement Area in a condition at least as good as the surrounding area. O. That the entire disturbed area within the Easement Area, including GRANTOR's patrol road shall be restored by GRANTEE to a condition at least as good as that which existed prior to construction, P. That upon completion of operations, GRANTEE shall notify GRANTOR's Transmission Rights-of-Way Inspector heretofore mentioned in above Paragraph I for inspection of the Easement Area. Q, That GRANTEE shall furnish GRANTOR with a set of as built drawings within thirty days of final construction. R. That GRANTEE hereby expressly understands, covenants and agrees (a) that nothing contained in this Easement Agreement or contemplated is intended to or shall increase GRANTOR's liability for personal injury or death or for any property damage, (b) that GRANTOR does not assume any such additional liability, (c) that liability arising out of the utilization and occupancy of the Easement Area by GRANTEE and GRANTEE's employees, agents, contractors, invitees or any representative, is hereby assumed by GRANTEE and shall be at the sole and exclusive risk of GRANTEE, (d) that GRANTEE shall answer and satisfy to GRANTOR's satisfaction any and all complaints relative to GRANTEE's utilization of the Easement Area, ( e) that GRANTEE shall protect, defend, hold hannless and indemnify GRANTOR from and against any and all actions, claims, damages and/or loss, including, but not limited to, actions or claims from GRANTEE's employees, contractors, or subcontractors, and including, 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 and attorneys' 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 Easement Agreement for GRANTEE's utilization thereof, and (f) that GRANTEE covenants not to interfere with GRANTOR's existing and future high voltage electric transmission lines and related facilities in any manner whatsoever and shall fully indemnify GRANTOR from any and all losses as in Section "(e)" above resulting from such interference. Page 3 of 4 Pages r~\~~-':;~~i':.\'~~~~'t [i~ ,:, - . ~ f, ,'. , ' I L.",,,",,., ", ,_, ,,~ f7';,7'l-", I 1 : :' . ~ 1.. . .~. I CIH3> I I PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 348 ! S. 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 "R" 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, T. 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. 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. WITNESSES : ~ \M.6~ t{Jtfk~/iZ ~ t'OWcJ1 'cf{) '8 iZ LEGAL DEPT. ~ 'PPR~]D Dele "":\: j~ By,.} WITNESSES: ilrJA~ -t~~ Approved as to form and 1~~~ Paul Richard ull, Assistant City Attorney FLORIDA POWER CORPORATION (as GRANTOR) .".,. ')".. By ~. i'!11,,(- M.B. Foley, Vie CITY OF CLEARW A (as GRANTEE) By ~~ . ". "; Attest: -,,,,.!.:. -- .~;," - , . ~ )1/' - ~' ':';'v.. '- . , ;' - Page 4 of 4 Pages ...--.~~..----._...,") ~ ' , " , ' , f"~'1 '\L I ,..~~~j "I1A~' {:'~~'."J..t r"~"C~ ~; f.~:~!~l i~ L ,..,,"",....,",,:~ Cone Drive , , I Planter =:J Disk on o " ~ ~.,II_, " c; ~ 10 i"""",o,'-:-O<-lq d 'J; ~ ! /-\ _ , l ~J.^ II '~I L._~----J q, ~ :l ~ '\) ~~S ()~ ~ a-". ,~ d:~c% I PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 349 D HO-J5 ~nd;"'Q$f A,.mrh ArolHc Signal ' :>1 <;:, '" c.c Walk I I I Inlet 15 Grote --- --~=---~- _ _ _ _, -=- wec,p~l~Air = u n::: c 0 E " ..c () " 0 0 " U u " 0 " " c; " ~ 'io e~...~' San MHI' Rim 55,32 a er Inlet 12 Grale 54,36 ~-== "= ~ == = S.R. 60 ~ ~ u a: '.. '" .i-t ~ '" ~ ( ,..."e..h\ ) D HO-J6 ~FofA4 ?ages D NC-50 === --- 95014,dwg 3/13/95 Novo D NC-49 I I EASEMENT "A" PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 350 SIDEWALK AND UTILITY EASEMENT - FROM FLORIDA POWER CORP. Commence at the Southwest corner of the East 1/2 of the Northeast 1/4 of Section 18, Township 29 South, Range 16 East; thence N 00043'04" E, along the West boundary of the East 1/2 of the Northeast 1/4 of said Section 18, 50.00 feet, to the Point of Beginning; thence continue N 00043'04" E, 20.00 feet; thence N 89059'47" E, 60.92 feet; thence S 45037'06" E, 28.59 feet, to a point on the North right-of-way line of Gulf To Bay Boulevard; thence S 89059'47" W, along said North right-of-way line and its Westerly extension, 81.60 feet, to the P.O.B. Less and except the right-of-way of Old Coachman Road. Containing 287 square feet mol. EASEMENT "B" UTILITY EASEMENT - FROM FLORIDA POWER CORP. Commence at the Northwest corner of the Northeast 1/4 of the Southeast 1/4 of Section 18, Township 29 South, Range 16 East; thence S 01001'28" W, along the West boundary of the Northeast 1/4 of the Southeast 1/4 of said section 18, 50.00 feet, to a point on the South right-of-way line of Gulf To Bay Boulevard; thence S 89041'18" E, along said South right- of-way line, 11.20 feet, to the Point of Beginning; thence continue S 89041'18" E, 80.00 feet; thence S 01001'28" W, 10.00 feet; thence S 53041'54" W, 25.15 feet; thence S 01001'28" W, 40.00 feet; N 89041'18" W, 60.00 feet; thence N 01001'28" E, 65.00 feet, to the P.O.B. containing 4249.72 square feet. LEGALS,WlS r i I ~/~I l"" .~~ .... "-v;u~_._",,,,",.j r-:;:'~,"-::JT'I1I '. I 0'"" ,',C i l ,', '-1 L~J EXHIBIT "A" Page 2 of 4 Pages ..'" ""T.'"", ,',~-"" "-"-__'. v. .", , ' "'~",",:"l"'"C-~.-'-r-.....~,..~__~,.....,....,__~__...~.,._.,_ ....._.. _ _ - - ~---'~'-.....,--:r-- ._- _._-.....--_'-',-'..~._.~._..~ .._,.,,,-~__. - -...-_....--...-._-'.~--,,. --...-.. k!:.~:' ,l!!1~, ':l",~i ~{Ii, I PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 351 II 1/ , I II II II NOTE: This is not 0 survey! ~y- r EV\5EvYlBtJT - f\ ;'\~ (.O~or ~f\ u ~ NIX) C .........~ " 0 - u F wV {f1 1/ ~ o~ -L 0 >- U '-v 1/ -8......... 0 c::~ :lW 0 .8z 1/ u ~O ~II u - 0 ~ ~{~ II J II , N,~,9'59' 4 7" E 60.92' S 89'59'47" W 8160' IYIlts r 1tR:(Y\ ~ w '<it. o 0 " 0 "'l , v 0 8l1'J 21:; =:) /-- ,,' "- ~ "'1 ". .~ SW eor of E 1/2 of NE 1/4 ~~See 18 - 29 - 16 Gulf To Boy Blvd .L.2 // N R,O,W, ~ S boundary of E 1/2 of NE 1/4 of See 18 L === --..::: ==== =::::::- ----= =::::: =::::::: - - S,R, 60 !~;,rll/\L ~.:, ' , ,1,' H ' ~ . .,"-'~ .-.~~'~:.~::.:...---------------------'-_._------ "V'" ~ ..-~,,~... ~ " .-- "'-p 95014EAS,dwg 2/95 Novo -exRIBIT "A" _page 3,of 4 ~ (""'" '-, '-'''-''1 ~ fYWJ-' "~ 1:. , "- \' ....'~_..M'-; "'~';.'~_'L''';' ____~. _.'~__ - .__.._______.._,___~'__ _________n.. .._ _____.__..______ - -----. '. I :~j "'f . ' PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 352 -0 0::: " I' II II " " II II j 1/ ij / c o E s= o o o U -0 o II II II " " /I \\\ \~ \~ ~ \ " ,..........."'~ NorE: This is nolo survey! Gulf To Bay Blvd =::) c============= = = =- ::::::::::::: .. ~lD Wu Z .. _111 0_ ,.0 .g~ c- ~~ ~o MAST f'r~ ~, , "", NW cor of NE 1/4 of SE 1/4 ,,"of See 18 - 29 - 16 = S,R, 60 S R.O W. Line Q) o c o L /~ ... in. ~,g p" ,"'; _: to 0' Z .-' EA-~a01- B c W T~"'1="f\ c. LQOf Dciec~RS pwTfT4q I~~ l J "',',..-....--..- t~IC[A5.d-twq ,..v 1/1~/l5 N.... EXHIBIT "A" Pac:x=l 4 of 4 Paa3s . s.l ~ C I E I C R E Q U I R ~ M ~ NII PINELLAS COUNTY FLA. OFF.REC.BK 9295 PG 353 1 ~ !. · for installing a new traffic light signal system and sidewalks 1. That other than GRANTOR's facilities, except traffic lights, no overhead wires, poles, light standards, dumpsters, signs, trees, buildings, structures or obstacles shall be located, constructed or installed within the Easement Area without written approval by GRANTOR. 2. That all excavations for GRANTEE's utilization shall be a minimum of twenty-five feet (25') from the nearest edge of GRANTOR's transmission structures or guying, 3. That any shrubbery planted by GRANTEE within the Easement Area shall be of a variety not exceeding 12' in height at maturity. 4. That any and all piping and/or culverts (cables) installed by GRANTEE within the Easement Area shall have sufficient earth cover to prevent breakage due to the operation of GRANTOR's vehicles and heavy equipment within the right-of-way. 5. That no below ground grade drainage or facilities be installed by GRANTEE within the Easement Area without GRANTOR's review and written approval. 6, That GRANTEE agrees that no refueling operations take place within the right-of- way. 7, That all parked vehicles shall be motor vehicles of an operative and transient nature; mobile homes, office trailers or carriers of explosive materials are prohibited. 8. That GRANTEE agrees to furnish and install permanent markers showing the location of the underground facilities within the Easement Area. Said markers shall be GRANTEE's responsibility at all times, 9. That GRANTEE shall notify GRANTOR's Supervisor of Transmission Underground (i.e., Charles A, Nuttall or his designated alternate, telephone 813/866-5729, St. Petersburg) at least 48 hours prior to APPUCANT's performing any excavation within the Easement Area in order that FPC may arrange for an authorized representative to be on site to assist in establishing the existing location of FPC' s underground fuel oil pipeline and to observe all excavation activities in proximity to said pipeline within GRANTOR's easement strip, 10. That all NESC clearances during construction and when complete will be the responsibility of the GRANTEE. i~ t,_."..,~>~,,,~",;,,.; [~~~J EXlllBIT "B"