FLORIDA POWER CORPORATION (2)
CL-82
5/24/82 JLB/ck
.
I
OR'Gl~
I
EASEMENT AGREEMENT
THI S EASEMENT AGREEMENT, Made th i s 1 st day 0 f June
, 1982, between FLORIDA POWER CORPORATION,
a corporation 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, a municipal corporation of
the State of Florida, whose mailing address is 10 South Missouri
Avenue, Clearwater, Florida 33516, 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 installing a 12"
sanitary sewer (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 10-foot wide Easement Area lying within a certain
segment of GRANTOR'S fee owned 208-foot wide trans-
mission corridor traversing a East/West course
through the NW~ of Section 20, Township 28 South,
Range 16 East, said 10-foot wide Easement Area
being more particularly described as is generally
depicted on sketch attached hereto as EXHIBIT "A"
and by this reference incorporated herein and made
a par t her eof ;;'
.,'
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 F. E. Badger, GRANTOR'S
Superintendent of Transmission Rights-of-Way (telephone: 813/866-5240,
St. Petersburg), at least 48 hours before commencing initial construc-
tion 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 succes-
sors, 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 des-
cribed herein within 30 days after due notice should GRANTOR determine
that such improvements would interfere with GRANTOR'S future facili-
ties or use of said fee owned 208-foot wide transmission 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 com-
pliance with applicable provisions of the National Electrical Safety
Code (NESCl 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 Ar~a
with GRANTEE'S knowledge and under GRANTEE'S supervision or control,
'; ,'I
_, I i-
C-H<!! q,!": "t I l
.' /
f'/' /
......11,1~i',(t. it. /- C...
7l!:'.'-'~1
fL-f633 - ) Lf
I
.'
. .
I
I
y
that extreme caution is necessary around all of GRANTOR'S elec-
trical 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 Ease-
ment 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. The 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 GRANTER'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, opera-
tion, 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 repre-
sentative, 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
cf this grant of easement to GRANTEE for the use and occupancy of
GRANTOR'S premises by GRANTEE, its employees, agents, contractors
or any representatives, and (e) that GRANTEE covenants not to inter-
fere 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 termina-
tion by GRANTOR to return the Easement Area to its original condi-
tion.
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.
2
. .
~, ~
I
I
If such zoning, authority, approval, and/or permit is not secured,
this Agreement will be considered null and void.
14. That the validity of this Agreement is contingent
upon GRANTEE first obtaining letters of no objection from the
adjoining neighbors at this location. If such letters of no
objection are not secured, this Agreement will be considered null
and void.
15. That upon completion of operations, GRANTEE shall
notify GRANTOR'S Superintendent of Transmission Rights-of-Way
heretofore mentioned in above paragraph 1 for inspection of the
Easement Area.
16. The entire disturbed area within the right-of-way
strip including GRANTOR'S ,patrol road shall be restored to a condi-
tion, at least as good as that which existed prior to construction.
17. That an easily passable twenty-feet (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 ma in tenance and pa tr 01' cond it ions.
18. That no parking or storage occur under or near
GRANTOR'S facilities.
19. That all excavations for said GRANTEE'S utilization
be a minimum of twenty-five feet (25') from the nearest edge of
GRANTOR'S transmission structure or guying.
20. That GRANTEE shall not use a dragline or cable type
crane within GRANTOR'S right-of-way strip.
./ 21. That any ~nd all piping or culverts 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.
22. That any shrubbery planted within the right-of-way
strip be a low-growing variety.
23. GRANTEE agrees to furnish and 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 and GRANTEE'S duty is continuing.
24. That GRANTEE shall not install cathodic protective
devices without first notifying GRANTOR'S Corrosion and Grounding
Engineer, Edward R. Beeman 813/866-5727, St. Petersburg.
25. That GRANTEE furnish GRANTOR with a set of as-built
drawings within 30 days of final construction.
26. That all trash or debris buried within the easement
area shall have at least three feet (3') of compacted soil coverage.
27. 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 condi-
tions. Failure to sign this Agreement and return the marked copy
to GRANTOR within 30 days from the date of agreement shall automa-
tically render the Agreement null and void.
3
. .
I
I
IN WITNESS WHEREOF, the aforesaid Parties have caused
these presents to be signed in their respective names by their
proper officiers 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:
FLORIDA POWER CORPORATION
(as GRANTOR)
nZI~ to.Jf~
;~ '~.;~,~.'."~.~.' ~'""-
",.', ") "-
/,~.,; , 't3 Y:.~
r ~:/ L'~" ",:. =~: ',. "
~4~ .
vi e Pres1dent
~ J:J. (R~
.' ,
\\ c' S~i:J~EST:
\\.:--'_..~.'
~-,~~~~'
Signed, sealed and delivered
in he presen e of
CITY OF CLEARWATER
~
Manager
4
t___,_____.L ____.__._.- _1-- ---
-
;:
~
~
tJ
87.C,' J
Q
u..
cJ
(l
u..
h.lc. -84
r.:;\ \\.\'FLl_AS
CGUL\\'(
',v: \-" (p, ':c - V.1.::JE \ bE.
,
Ie)
8
..I
N
o
if)
a-
'-':
LfCjF:.\dO
<t:. rJl= \- P C TEAldS LJl\JE:.
l:. DC/IE-=. (IF E PC "2:../ \N
_ EASE:.t.J\'t=.\U'i AEE:.A
10'
',[-(' -, IC":,!\j \-,
~:::~::.LTIOI\J ZD
\= Pc. E:I W/i
{
/0 I
532.SJ
\
\
, I
b75
t\Jc. - 82.
o
t:Jc
\L.lN
:::
t..:u
8 .L!
~n
'"
::-- Lt-
::1L
r~C-OI
/ 208' 120 s'
r--'/
/0'
'~- '~ <;:. - e,:z.
'FLC'C.\D~\ ~e CLLf-',
I 'RE.t.I. L E. -=;s '\ A \'e:. CE.PT,
.~, = .::: i D~V\JU BY C Er:>J\JA": (:f.,
~ .":"1 ::- _ '
SEE PLANS IN FILE