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FLORIDA POWER CORPORATION (6) ',' .~ 01 Caslf~~- f '~(' ....1! ,/' j Il0 Rec''- ' I.. ''7 ~u f ~ "-1 OS ' Y >- A, ~ ,- RUGJ 43 Int _ ---- , "",' tJ r /1..'- Tot ~1:J,. ~ r eX) T'" 10 (t) (t) co o~i'!...J I-[L-q-ll.. W Z-IX - [Looffi ::l>-tDl- 1-1- .<( UJ-O:5: [Luo.:oc <( IlUJ -.!! 0, h ':.1) .1' ..<1 00 :>, ~ "';< ,.Q c:) t- "t:it5~oo Q) ~ ~ .--i ~ Ol.r.. <is lo-,..CQ M p~ 1-"/' . (."j (D ~_r-:, .,~ ro ,-, I.... \...- ~_ s:<., ',(,' ,:::: fC ~z ~-~ ~.:. t'S \;~ ;...: ~~ ~ r?i -l~ : 1;; p~ ~ -~ ~ ,,@:~ ~ 4;-:'~ \V ',S .h n;;: t') ~-0 - "',' ~ ..,"1 ~H ,.~ .M ~ ,0 l) .~ r~ ~.') '.-: ('" ~~ ~~U t~ ,~c \ ~ ----< CL-99 4/12/83 LB ',0. k.5578 PAGE12G6 ~ JR\G\NA\. 81151931 ~' ;-~ ~- .=:3. . , " , r- r, ,1: ,'",,:"'~ . .''1--''_ , i'. , . "':.11.;"7'>>.....-."., ,~~..._:,,-..l" "-" :::lEKi<. Cir-CUIT C!jUkT 2 ~ ~'~ '~j iit i4~:::2cA4 7a. ._~::" ;;::-;.: EASEMENT AGREEMENT 4 J. i~ TGiAL ),-:", ',,, THIS EASEMENT AGREEMENT, Made thi s 14th day of April , 1983, between FLORIDA POWER CORPORATION, a corpor- ation of the State of Florida, whose mailing address is P. O. Box 14042, St. Petersburg, Florida 33733, Party of the First Part, GRANTOR herein, and CITY OF CLEARWATER, FLORIDA, a municipal corporation, whose mail- ing address is P. O. Box 4748, Clearwater, Florida 33518, Party of the Second Part, GRANTEE herein; WITNESSETH: That the said GRANTOR, for and in considera- tion 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 covenants herein contained, does hereby grant unto GRANTEE an ease- ment and right-of-way for the sole purpose of installation, operation and maintenance of an 8" PVC SDR 18 force main with standard 30" cover over pipe (sometimes hereinafter collectively referred ~o as "improvements") within the following described Easement Area ln the County of Pinellas and State of Florida, to wit: A 10-foot wide Easement Area lying within a certain segment of GRANTOR's fee owned 220-foot wide transmission corridor traversing a north/south course through the SE~ of Sec~ tion 19, Township 29 South, Range 16 East, said 10-foot wide Easement Area being more particularly described as generally 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 follow- ing terms and conditions to which GRANTEE expressly agrees: 1. That GRANTEE shall notify Joseph G. Brown, Jr., GRANTOR's Inspector of Transmission Rights-of-Way (telephone 813/866-5109, St. Petersburg), at least 48 hours before commencing initial con- struction 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 way or manner whatsoever, and the further right to require GRANTEE to relocate or remove the improvements described herein within 30 days after due notice should GRANTOR determine that such improvements would interfere with GRANTOR's future facilities or use of said fee owned 223-foot wide transmis- sion corridor. 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 emplo~ees~ agents, contractors, representatives or other persons engaglng ln GRANTEE's activities upon said Easement Area with GRANTEE's knowledge and under GRANTEE's supervision or control, 12~1:t , l'~,G~Ol't?l',," Do,",",""" T" Pd. $.... .'i.~I..., ,'-/ $........ .. . .. ....... Intilngible T~x Pel.. Karle Blaker, Clerk, Pinelias County -"I' , ;vt ..e.v') t't..JZ.......-' D t Cl Ii _ c ' ...... ...,.., epu y . e ~," /1/ A?")} :J3 J I. ........ 14- Q!T '3 - C) ;J:-" --< I - j~ I I cO.~i. 5578 PAcE12G7 . ~ \'" : that extreme caution is necessary around all of GRANTOR's electri- cal 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. 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 contem- plated 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 attor- ney's fees, occasioned by or growing out of any actual or claimed usage or condition of the Easement Area arising in any manner whatso- ever, 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 inter- ference. 11. That upon GRANTEE's breach of any condition contained herein, this Easement Agreement after written notification by GRANTO~ 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 understo~d 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. - 2 - " .. . . I I "0. i.5578 PAcE12C 8 l14. 'l'h.:lt thc v.:llidityof thia Agrccmcnt io contiHl!!Jcnt upon- l&~ Gfu~N'l'EE firot obtainins lcttcro of no obj8ction from tR8 adjoining ~~ ncighborG at thiG location. If o~oh let~Qrc of no objeoti~n .:lr~ Ai not oec~rca, taio ^srccmcnt ~lill bc cono1dcred null and v01a. 1,r 15. 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. 16. That the validity of this Agreement is contingent upon its being properly executed on behalf of GRANTEE to si~n~fy GRANT~E'S acceptance of agreement to abide by the terms and cond1t10ns. Fa1l- ure 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. 17. That GRANTEE furnish GRANTOR with a set of as built draw- ings within thirty days of final construction. 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 access- way be retained along the length of the right-of-way strip and to all transmission line structures, in the event of emergency or normal maintenance and patrol conditions. 20. That all excavations for GRANTEE's utilization be a minimum of twenty five feet (25') from the nearest edge of GRANTOR's transmis- sion 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 piping within GRANTOR's right-of-way have sufficient earth cover to prevent breakage due to the operation of GRANTOR's vehicles and heavy equipment within the right-of-way. 24. GRANTEE agrees to install permanent markers showing the location of the underground facilities within the right-of-way. Said markers shall be GRANTEE's responsibility at all times. 25. That GRANTEE shall not install cathodic protective devices without first notifying GRANTOR's Corrosion and Grounding Engineer, Edward R. Beeman at 813/866-5727, St. Petersburg. ~~ / 26. That GRANTEE shall assume the Dolo duty, responsibility and ~ obligation of Hu;n:iRS aFl(~ otaendoc maintaining the surface of the '-~ portion of GRANTOR's right-of-way strip involving GRANTEE's utiliza-1' tion to a condition compatible with the surrounding area. 27. That GRANTEE shall answer and satisfy to GRANTOR's satis- faction any and all complaints relative to GRANTEE's utilization of GRANTOR's right-of-way strip. 28. That GRANTEE will coordinate with GRANTOR's Manager of Engineering and Operations, R. T. Steele, telephone 8l3/443-266l, Extension 2l7, any relocation of GRANTOR's poles or guying facilities to accommodate GRANTEE's improvements, such relocation to be at GRANTEE's expense. - 3 - ~ " I " - > .. I ,0. i.5578 PAGE12C9 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. i ':::.' By: I ' " ' ',,' ' ~ \ L"Y-iJ-.i:J ; Attest: \:)'~/if ,.,...,.""'---.........-~... Signed, sealed and delivered in the presence of: .J' '>.-~~,.~~~-- ~~, <,~-. ~ \ ~. ." ':. '\-",. ~.!J~ .o~ 1.), WnJQlU'1? -- Signed, sealed and delivered in the presence of: - 4 - FLORIDA POWER CORPORATION (as GRANTOR) 7k(f!e ~;6ent CITY OF CLEARWATER (as GRANTEE)." /) .,' :.' .. .. ~ ~ " , ~ " ~ ! \~ I J ~ E~~~ ~ Jlo ~Q ]11 I r r:n '1]1 ~~ ~p [ ZlO z!1', rnr( ~ . ~O..i. 5578 PAGE1210 :n ;lJ " . :n :0 {\ ro "- ~ ~ ( o ~ II & I I aJ' Z1.~ 23.S' 4' :t 50' 8~S' 22.5' la' lJ\8\J 111 - n c Z -1 Z fl1 ~ --tr I ,-<\ <t~ ~ -I V ~ (}. J: 9 5 'I lJ' ~ l!- I ~ ~ 10 10 6) (J) m I o FLORIDA POWER CORP. CITY OF CLE~ATE.R REAL ESTATE DEPT. B" ~ ~N (CL... -99) NtlW1/83 3/8/ei3 la::-310-L OWN BY :L-<". ..LNDER50N RET:5yra,RESP:Rssl Ealsls 8;3599 E}{HISiT "A"