AMENDMENT TO LICENSE AGREEMENT (2)
City of Clearwater
HD-31 & NC-54 to HD-30 & NC-55
ETS #20050425
AMENDMENT TO LICENSE AGREEMENT
This Amendment to License Agreement (hereinafter referred to as the "Amendment"),
made and entered into on this 17th day of January, 2006, by and between FLORIDA POWER
CORPORATION d/b/a PROGRESS ENERGY FLORIDA, INC., a Florida Corporation
(hereinafter sometimes referred to as "PEF"); and City of Clearwater, a municipality, whose
address is P.O. Box 4748, Clearwater, FL 33758 (hereinafter referred to as "APPLICANT"), herein;
WITNESSETH
WHEREAS, PEF and APPLICANT have heretofore entered into that certain
Encroachment Agreement dated December 18t\ 1986 (hereinafter referred to as the
"AGREEMENT"), a copy of which is attached hereto as a composite "EXHIBIT A" together
with Amendment to License Agreement dated October 23rd, 2003 and Amendment to
License Agreement dated September 23rd, 2004 attached and made a part of "EXHIBIT A",
and is, by this reference, made a part hereof, which Agreements establish the terms and conditions
pursuant to which PEF agreed to allow APPLICANT the privilege to occupy and utilize a portion
of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida, being hereinafter
referred to as the "APPLICANT's Utilization" and with the location and extent of said
APPLICANT's Utilization being substantially as depicted on print of sketch attached hereto within
"EXHIBIT A"; and
WHEREAS, APPLICANT has been granted the limited privilege to occupy and utilize that
portion of the APPLICANT Utilization for Parking Area;
WHEREAS, the parties to the Agreement are willing to make such Amendment to the
License Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is
hereby covenanted and agreed by and between the parties as follows:
1. The Agreement is hereby amended and modified as follows: To allow for additional
parking area, being depicted on "Exhibit B" and as marked off with a bold black
line, which adds to the agreements of the original License agreement and its
subsequent amendments as depicted and described in "Exhibit A" attached
hereto and made a part hereof.
2. Except as herein amended or modified, all of the terms, conditions, covenants,
agreements, representations, and warranties of the Agreement are and shall remain in full
force and effect.
3. In addition to the above stated APPLICANT's Utilization uses, APPLICANT will
install, at the APPLICANT'S expense wooden bollards around all four (4) sides of
the electric transmission towers, structures HD-31 & NC-54, three feet (3')
distance from towers and one (1) every five feet (5') as said towers are depicted in
"Exhibit B". Additionally no parking shall be allowed within ten feet (10') either
side of the center line of the existing hot oil pipeline located on the property in in
1
side of the center line of the existing hot oil pipeline located on the property in in
"Exhibit B". The APPLICANT, will provide and install at the APPLICANT'S
expense wood bollards, ten feet (10') from centerline and every five feet (5') along
the entire distance of the hot oil pipeline as located in "Exhibit B". The intent of
this agreement is to provide a limited parking area located north of the two (2)
transmission towers herein named and ten feet west of the hot oil pipeline, all
additional uses of this Agreement, subject to the specific requirements included in the
original agreement.
4. PEF, by its execution hereof, hereby represents, warrants and certifies that, to the best of
its information and belief, APPLICANT has fully performed all of its duties and
obligations under the Agreement and that, to the best of PEP's information and belief,
the Agreement is not in default as of the date hereof.
5. APPLICANT, by its execution hereof, hereby represents, warrants, and certifies that, to
the best of its information and belief, PEF has fully performed all of its duties and
obligations under the Agreement and that, to the best of APPLICANT's information
and belief, the Agreement is not in default as of the date hereof.
IN WITNESS WHEREOF, the said PEF and APPLICANT have caused these presents to
be executed in their respective corporate 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:
FLORIDA POWER CORPORATION d/b/a
PROGRESS ENERGY FLORIDA, INC.
(as PEF)
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PrinteWame: He:Le /h 1:Y/lt/J/!15l1. By: Billy Raley -------
. .~~~ IZ v: ~ Vice-President of North Central Region
PnntedNa : ~nel~A, Wa S
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Printed Name: SUSOLVl Ch.ct.se
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Printed Name: Kc&ei-'nc1.'Y\'-€. CCL.~\
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By: William B. Horne II, City Manager
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City of Clearwater (as APPLICAN1)
WITNESSES:
COUNTERSIGNED:
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Printed Name: StYs<::U\ Cl--tct.se
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/PrintedName: ~Ie... ca.ll
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y: Frank V. Hibbai:l~.May!!'r....._-'---'~' --
ATT ST: ."":':
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~: Cy a E. Goudea
APPROVED AS TO
2
By: Laura Lipowski, Asst.
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TOfA' ~ 9'UQTHIS LIMITED LICENSE PRIVILEGE AGREEMENT, Made and entered into
~ this 18th day of December , 1986, b~nd between FLORIDA POWER
~~ CORPORATION, a Florida . corporation , Party e First Part, "LICENSOR"
'" herein and CITY OF CLEARWATER, P.O. Box 4748, arwater, Florida 33518,
Party of ~e Second Part, "LICENSEE" herein; r
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WITNESSETH:
,WHEREAS J LICENSOR is the owner of the fee simple title to (among
other Iands)in the NW 1/4 of SE 1/4 comprising a portionpf LICENSOR's electric
transmission right-of-way lands in Pinellas County, Florida, an 800 foot long
"" strip of said tract being hereinafter referred to as the "License Area" and
;'! :c1ienerally described as shown on sketch attached hereto as Exhibit "A" and by
;;;:tthis reference incorpol'llted herein and made a part hereof;
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i j E ~...:l WHEREAS. ~ICENSEE is desirous .of acquiringfl'Om LICENSOR the
: 0; -< ~ I=<Jimited privilege and license to occupy and utilize the License Area for
c..: "~c :fparking
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WHEREAS. LICENSOR is willing to grant to LICENSEE the desired
limited privilege and license for such occupancy and utilization, subject to
certain terms and conditions as stipulated below along with specific requirements
as showri on attached Exhibit liB It and by this ,reference incorporated herein and
made' a part hereof.
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) l:d !; .., 1. That LICENSOR hereby grants to LICENSEE, and LICENSEE hereby
.. Iii ~ ...:. accepts from LICENSOR, the limited privilege and license to occupy and utilize
; d ~ ~ the License Area for the sole purpose of parking together with such other
~ f' fI=l d limited privUege and license as may be reasonably necessary or convenient for
., . .~ the full enjoyment of the License Area for the above. .purpose only.
j' . 'E 2. That for and in consideration of the foregoing limited privilege and
-< license, the LICENSEE hereby covenants to pay to LICENSOR a yearly fee, in an
::3 initial amount of $10.00 payable in advance, co~encing January '1, 1987, for
U each and every calendar year while this limited privilege and license remains in
effect. The yearly fee may be recomputed each subsequent year by LICENSOR
and may be adjusted as appl'Opriate to reflect fluctuations in the real estate
value and other variables attributable to the License Area. LICENSOR shall mail
a yearly billing invoice to LICENSEE, and LICENSEE's advsnce yearly fee checks
shall be made payable to FLORIDA POWER CORPORATION and mailed to
LICENSOR. .
NOW. THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
3. That LICENSEE shall notify. at least 48 hours prior to commencing
initial construction activities within the License Area, Joseph G. Brown. Jr.,
Transmission Rights-of-Way Inspector, telephone (813) 866-5109, St. Petersburg.
4. It is expressly stipuls.ted by the said LICENSOR and LICENSEE that
this License Agreement is a license for permissive use only and that the placing
of any improvement upon the property pursuant to this Agreement shall riot
operate to create or vest any property right in said LICENSEE.
5. It is expressly stipulated by the said LICENSOR and LICENSEE that the
privileges provided herein create no perpetual rights but determinable privileges
depending solely on the conditions in this Agreement and at no time shall this
License Agreement be construed as a License coupled with an interest.
6. That LICENSOR's consent to LICENSEE's use of the property described
herein is limited. Such conditional and restricted consent creates privileges in
the LICENSEE to use the land only insofar as the conditions herein are complied
with.
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EXHIBIT A
EXHIBIT A
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7. That LICENSOR expressly reserves unto itself, its successors, lessees
and assigns, the continued right to, occupy and utilize the entire License Area
and to grant to other parties such privileges affecting the License Ares. as are
not inconsistent with privileges herein granted. '
B. That LICENSOR shall not be liable for damages to LICENSEE's utilization
and appurtenances howsoever resuLting from LICENSOR's occupancy and
utilization of the License Area. LICENSOR, however, shall not willfully cause
undue damage to LICENSEE's utilization.
9. That LICENSOR agrees to inform LICENSEE' 30 days before building or
developing within the License Area so that LICENSEE can relocate or remove the
utilization described herein should LICENSOR determine that such utilization
would interfere with LICENSOR's facilities or use of said Ill'ea.
10. That upon LICENSEE's breach of any covenant or condition contained'
herein, tlrls License Agreement after written notification by LICENSOR to
LICENSEE of such breach and upon failure of LICENSEE to remedy or remove
such breach within a period of five (5) working days after receipt of such
written notification, shall cease and terminate and shall become null and void and
the privilege and license herein" granted shall thereupon immediately revert to
the LICENSOR in absolute, and LICENSEE shall forfeit the remainder of the
yearly fee; however, LICENSOR expressly does not waive any rights of recourse
LICENSOR may have against LICENSEE fo'l' damages suatalned by LICENSOR as a
result of such breach.
11. That LICENSOR hereby expressly reserves the right to revoke this
License Agreement at will by giving LICENSEE 30 days written notice, and
LICENSEE shall have no right to compensation for any expenditures by
LICENSEE upon revocation of this License Agreement, except the LICENSOR shall
return the unearned portion, if any, of the yearly fee paid by LICENSEE
hereunder. . .
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12. Any costs, attorney's fees or expenses incurred by LICENSOR in
construing or enforcing this License Agreement shall be borne by the LICENSEE.
13. That this privilege and license is personal to LICENSEE and shall not
be assigned or transfeJ.>red in whole or in part.
14. That nothing contained in this License Agreement or contemplated is
intended to' or shall increase LICENSOR's risk of liability for personal injury or
death or for any property damage and it is hereby expressly understood and
agreed (a) that LICENSOR does not assume any such additional risk, (b) that
liability arising out of the use and occupancy of the License Area by LICENSEE.
LICENSEE's employees, agents, contractors, or any representative is hereby
assumed by LICENSEE and shall be at the sole and exclusive risk of LICENSEE
and (c) that LICENSEE shall adequately pollee the License Area, answer and
satisfy to LICENSOR's satisfaction any and all complaints, and protect. defend,
hold harmless and indemnify LICENSOR 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 License Area
or caused, incurred or arising in any manner whatsoever. directly or indirectly,
by reason of tlrls Limited License Privilege Agreement or the use and occupancy
of the License Area by LICENSEE. LICENSEE's employees. agents, contractors,
or any representative, howsoever resuLting and irrespective of negligence. With
respect to any person not a ps.rty to this License Agreement, however. nothing
herein shall be construed as a waiver by the LICENSEE of any of the defenses
and limitations available to the LICENSEE pursuant to Section 76B.28, Florida
Statutes. or successor provisions thereto.
15. That the validity of this Agreement is contingent upon LICENSEE first
obts.ining 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. approvaf and/or permit is not secured.
this Agreement will be considered null and void.
-2-
EXHIBIT A
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IN WITNESS WHEREOF,' the said LICENSOR and LICENSEE have caused
these p~sents to be executed in their respective corporate 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
'iri the presence of:
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By
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Attest:
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Assistant Secre ry
(as LICENSOR)
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Approved as to form ~
correctnes
By
Attest:
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~TATE OF FLORIDA
ss.
COUNTY. OF PINELLAS
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~/:"::::,:,"" """"'", ['he foregoing' instrument was acknowledged before 'me t'his
.'.f"<.,~ da:~(pf December , 1986, by G. C. Moore as Vice Presi-
ff '{\~if:!;;;{:tpa. -Cathleen P. Kortri.qht as Assistant Secretary on behalf of
:5 ""; Fl<:.OJt:J:E.lA ; POWER CORPORATION.
;';.:'~~\~:~~a~~~~i Seal)' ~~.2f.~
M'~' ~ission Expires: Notary Public
~Qiaiy Public, . Slale 01 FlGrlda at Large
My Commi5sion Expires JUNE 28, 1990
* * * * * * *
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1-27-04;11 :41AM;PARKS and RECREATION
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STATE OF FLORIDA
55.
COUNTY OF PlNELLAS
;
. The foregoing' instrument'was acknowledged before me this
31 st day of December. , 19 86~, by KATHLEEN F. KELLY.
----ttNniONY L. SHOEMAKER. CYNTHIA E. GOUDEAU. and M;' A. QALBRA"ITH, JR.. Ma yor-Commissioner.
City Mana~er. City Clerk. and City Attornev. respectively.
of the CITY OF CLEARWATER, FLORIDA.
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Real Estate Dept.
CITY OF c.\..E.A.Ia.\vh.,iE.1<.
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for parking
A. That all of LICENSEE's activities, operations and equipment used within
LICENSOR's right-of-way strip shall at all times be in strict compliance
with the applicable provisions of the National Electrical Safety Code
(NESC) and the applicable rules and regulations of the Occupational Safety
and Health Act of 1971 (OSHA).
B. That upon completion of operations. LICENSEE shall notify LICENSOR's
Inspector of Transmission RIghts-of-Way heretofore mentioned in a.bove
Paragraph 3 for inspection of the right-of-way strip.
C. That the validity of this Agreement is contingent upon its being properly
executed on behalf of LICENSEE to signify LICENSEE's acceptance of
agreement to abide by the terms and conditions. . Failure to sign this
Agreement and return the marked copy to LICENSOR within 30 days from
the l;1a1.e of agreement sball automatically render the Agreement null and
void. .
D. LICENSEE is hereby notified and agrees to so notify any representatives
or persons utilizing said. areas with LICENSEE's knowledge or under
LICENSEE's control, that extreme caution is necessary around all guying
or related. facilities, . and in the event of any damages or injuries,
LICENSEE agrees to notify LICENSOR immediately.
E. That. LICENSEE furnish LICENSOR with a set of as built drawing within
thirty days of final construction.
F. That other than LICENSOR's facilities, no overhead wires, poles, light
s.tandards. trees. buildings, structures, signs or obstacles sball be
located. constructed or installed within the right-of-way strip without
written approval by LICENSOR.
G.. That LICENSEE shall assume the sole duty, responsibility and obligation of
mowing and otherwise. maintaining the surface of ~ portion of LICENSOR's
. right-of-way strip upOn and across the land involved in.a condition
compatible with the surrounding area.
H . The entire dist.urbed area within. the. right-of-Way strip including
LICENSOR's patrol road shall. be restored to a condition at least as good .as
that which exis1:ed .prior to. conStruction.
1. That a free easily passable twenty-foot (20') wide access~y be retained
along the length of the right-of~way strip including to all transmission line
structures and on or across said parking ares. for use by LICENSOR for
emergency access and for normal mainteDBDce and patrol purposes. .
J. That all excavations for LICENSEE's utilization be a minimum of twenty-five
feet (25') from the nearest edge of LICENSOR's trBnsmission structures or
guying .
. K. That LICENSEE shall not use a dragline or cable type crane within
LlCENSOR's right-of-way strip.
L. That any and all piping and/or culverts within LICENSOR's right-of-way
have sufficient earth cover to prevent breakage due to the operation of
LICENSOR's vehicles and heavy equipment within the right-of-way.
M. . That no below ground grade drainage 01" facilliies be installed wtthout
LICENSOR's review and writte:napproval.
N. That all vehicles shall be of an operative and transient nature; mobile
homes. office trailers or carriers of explosive materials are prohibited.
O. That any shrubbery planted within the l!igh.t-of-way st..wip shall be of a
nriety no exceeding 12' lD height. .
P. That LICENSOR shall not. be liable for damages to said landscaping or
parking resulting from operations necessary to maintain LICENSOR's
facilities.
Page 1 of 2 Pages
EXHIBIT lOB"
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Q. That provision in NESC be adhered to regp.+ding distances between ground
and conductors. Ground elevation must not obe increased more than two
feet (2').
R. If the license oarea is fenced LICENSEE shall install a sixteen foot (16')
gate in the fenee making that portion of the right-of-way accessible. Gate
should have a lock installed by LICENSOR.
So That LICENSEE be responsible for clean up of any and all spills. that may
occur within LICENSOR's right-oC-way strip. Such spills must be reported
to LICENSOR immediately.
To That LICENSEE shall notify LICENSOR's Superintendent of T1'9.t1Smission
Underground (i. e. ) , D . M. Falvey or his designated alternate.
813/866-5729, St. Petersburg at least 48 hours prior to LICENSEE's
performing any excavation within LICENSOR's right-oC-way astrip in order
that LICENSOR may arrange for an authoriZed representative to be on site
to assist in establishing the existing loeation of LICENSOR's underground
fuel oil pipeline and to observe all excavation activities in pt"oximity to said
pipeline within LICENSOR's right-of-way strip. o.
U. That no parking be Edlowed within fifty feet (50') of any transmission
structure or guying.
Page 2 efo 20l'B.:ges
EXHIBIT liB"
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City of Qearwater
Higgins-Disston 115 KV, HD-33
ETS #20030329
AMENDMENT TO LICENSE AGREEMENT
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This Amendment to License Agreement 87007004, OR 6404 PG 104 (hereinafter
referred to as the "Amendment"), made and entered int<? on this '7.3;;.J day ofO:.~2003, by
and between FLORIDA POWER CORPORATION, a Florida Corporation, whose mailing
address is 3300 Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as
"LICENSOR"); and City OF Clearwater, a Municipality, whose mailing address is Box 4748,
Clearwater, Florida 33758-4748(hereinafter referred to as "LICENSEE"), herein;
WITNESSETH
wHEREAS, LICENSOR and LICENSEE have heretofore entered into that certain
License Agreement dated 18 Dec 1986, (hereinafter referred to as the "Agreement"), a copy of
which is attached hereto as a composite "EXIllBIT B" and is, by this reference, made a part
hereof, which Agreement established the tenns and conditions pursuant to which LICENSOR
agreed to allow LICENSEE the privilege and license to occupy and utilize a portion of the
Transmission Right of Way of Section 07, Township 29 South, Range 16 East, Pinellas
County, Florida being hereinafter referred to as the ''License Area" and with the location and
extent of said License Area being substantially as depicted on print of sketch attached hereto in
"EXHIBIT A"; and
WHEREAS, LICENSEE has been granted the limited privilege and license to occupy and
utilize the License Area for parking; and
,.
WHEREAS, the parties to the Agreement are willing to make such Amendment to
License Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is
hereby covenanted and agreed by and between the parties as follows:
1. The Agreement is hereby amended and modified as follows: Exhibit "AU
(sketch/drawing) contained in this Amendment,. -sli~lIr hereby replace the
original Exhibit U AU (sketchldrawing), to reflect the improvements as agreed
upon by both parties.
2. Except as herein amended and modified, all of the terms, conditions, covenants,
agreements, representations, and warranties of the Agreement are and shall remain in
full force and effect. '
3. LICENSOR, by this execution hereof, hereby represents, warrants, and certifies that,
to the best of its information and belief, LICENSEE has fully performed all of its
duties and obligations under the Agreement and that, to the best of LICENSOR's
information and belief, the Agreement is not in default as of the date hereof
P~ap 1 of;
1-27-04;11 :41AM;PA~KS and ~EC~EATION
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4. LICENSEE. by its execution hereof, hereby represents, warrants. and certifies, that,
to the best of its information and belief, LICENSOR has fully performed all of its
duties and obligations under the Agreement and that, to the best of LICENSEE's
information and beliet: the Agreement is not in default as ofthe date hereof.
IN WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these
presents to be executed in their respective corporate names by their proper officers thereunto
duly authorized and their respective corporate seals to be hereunto aJf1X~~ and attested, all as of
the day and year first above written. "<~\~ " \~;:,'
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WITNESSES:
BY;L~~.l:~~
PrintorTypeName. &-~..... 6, {"\c..~.G.C:f
By: ,-:'~ ~ t... \\~
Print or Type Name: "Tetotno.C"q ~. ~ 14\\
Dated this 1<.0 ~ clay of
FLORIDA POWER CORPORA nON
(as )
By,Mder
Title: Viee President, TransmissioD &
Kl'O Development
0~
t 2003.
By:
Print or Type Name:
(as .A. ' '
By: &"d~ II. ~If.
c~ -----
Title: City Manager
,)1, "
Dated this "2--6 day of Od..o~ J 2003.
WITNESSES:
By:
Print or Type Name:
.........-,.
Approved as to Form:' j /,; >-
By: ~
. Lt!t)/2N' L-.i{~,I\.tJ ,q<.(
Ihs:{-,City Attorney
Attest:
, ,-[" /~~- 0,-
1-27-04; 11 :41AM;PARKS and RECREATION
(;~~~
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Existing Drive
Limits of Progress Energy Right-of-Way
I\!
\. "..
f~
Overflow Parking. Paved Drive
Aisles wi Grass Parkiog Stalls
Now Carpenter Complex EntrllDc:e Drive
Asphall pavemeot
Concrete Slab per Progress Energy
Specs, to Protect Hot Oil Pipelino
New IS'WIdeTrai1
Overflow ParlciDg - Paved Drive
Aisles wi Gmss Parking StalIa
Approximate Location of
Hot Oil Pipeline
Concrete Slab per Progress Energy
Specs. to Protect Hot on PipeliDe
New 15' Wide Trail
New Paved Parlting Lot wi Curbs,
Landscaping. Fencing &; LigbtinJ
to meet Progress Energy Specs.
Existing Aphall Drive into Bomber FJe!d
To be RCDlOVed
New Oenrwater Community Sports Complex
Entrance Drive - Asphalt pavement wi
RolIDver Curb
eon"""te Slab per Progrea& Energy
Specs. 10 Protect Hot Oil PipeliDe
Sharky Road
Existing Progress Energy Towors
Existing Drive 10 Remain
Limits of Progress Energy Rigbt-of,Way
;7275624825
# 4/ 13
NOTES:
1 - SOUlH SIDEWALK
8' WIDE CONCRETE SIDEWALK
2 - SOUTH ACCESS DRIVE TO PlAZA
24' WIDE ASPHALT DRIVEWAY WI ROllOVER CURBS
3 . PLAYERS PARKING LOT
ASPHALT PARKING LOTWf OJRBS, LANDSCAPE mEE
ISLANDS.. FENONG AND UGHnNG
4 - NORTH-SOUTIi PAVEDTRAll./SlDEWALK
CLEARWATER COMMUNITY SPORTS COMPLEX
I"T1
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-
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(")
"
~
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o.
0
5. OVERFLOWPARKINGAREA
ASPHALT DRIVE AISLES WI GRASSED PARKING STALLS
5
6 . DRIVEWAY INTO EXISTING CARPEN1ER COMPLEX
24'WIDE ASPHALT DRIVEWAY Wf ROLLOVER CURBS
CHARLOTTE ENGINEERING & SURVEYING, INe
CMl (NW:E[PS. l.N<<)SCIp( ,lJiCta1[C1S, u.tlO OMlCPLtEtn k:
SPORIS r/.CD.IJY CDHSUlTAHTS, I).'lD StJRII[\"ORS, rORfNSlC fNC1NCCRS
"'"
THE PHILLIES
3300 SoOllh 1thSlRot
Philodcpbia, fA 19148
Tclaphonc No. (215)9S2.BlS9
Fox No. (215) 952.8384
FLORIDA POWBR-A PROORllSS ENERGY Co.
SITE PLAN
CLEARWATER COMMUNITY SPORTS
COMPLEX & PHILLlES SPRING
TRAINING FACILITY
TCIlJ!MlOfb
1IOs..........OW'WM'"
1001/III.11. 3J609
Itltph:"'~(au)~-~t
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LC Ita. :371
1-27-04;11 :41AM;PARKS and RECREATION
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.
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Guide lines for construction Crossings of the Bartow to
^nclote oil line
The Florida Power Corporation-Sarto..... to Anclote'Thermal
~nsulated oil tran~port lihe has beer installed and is
opera~ed in compliance vith "i~le 49-Part 195 Ferderal
b.O~T. - Transportation of Liquids by pipeline.
~. Buried Structures - Crossing Situations
The minimum clearances required for cr098in9 situations
of the U/1\ oil line and propoDed other lines or struc-
ture. followo I .
a~ Haln~ain 12.inches ot clearance b~tween the 011
line and other pipes or structures being buried
and cr08sing the line.
b.
.i:,
i
When 12 inches of clearance i. not practJc~l.
provision. can be negotiated with Flonds Power
COl;p. for a sUbsU.~ut:iofl of ~h. 80il barrier with
~~n approv.d barrier.
I Hifllmum SolI Cover over 0/1\ oil line
2...
')
The minimum sail cov~r requl:;-ement, at. ftny locat;ion
a1.on9 t2,i. aart.!;)", to Anclote oil pipe line had been
e8t.ablidhed 1n compliance with Ferleral D.C.T. code
to .be ~8 iflCh... .. refeJ;"enced from t.op of the pipe
to 9rou~d 1.evel. road bed. river bottom, drain di~ch
bottom, etc:. ^ny variance in t.hi-s m!'nim\lnl protecU.ve
8011 Cover mUst be negotiated with the Florida Power
Corp. for DUbetltute, protective,equivalent approved
coneret8Bt~ucture Drawing I 1\-S-34-1\-1.
'Pa~allellnq - Buried Structures
Thes'l! are two standards of' acceptabil,il:y for parallel-
in9 '.situationSI
a. Florida Po~er Corp. R/w . ea8emen~s and other Con-
t.rolled areas.
3.
1) hll paralleling of burled structures and other
- pipes to the D/A 011 line mUst maintain a
minimum of three (J) feet surface to surIace
clearance.
b.
All paralleling Bit~ations outside the control of
the Florida Power Cnrp. should re~UeBt the minimum
~hree IJ) feet surface to surface elearnace. Minimum
acceptable i8 one 11) foo~ surface to Burf~ce. p~o-
viding adequate proviBiona are made for corrosion
con trol. . (.'. ~ .'
( 11;;:1_,\
O. M. Falvey'
,
12-16-00
Page 1 of 2
;7275624825
# 5/ 13
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O';Tl'" IH yltl ON BY CK. APP.
[ ~1 ~ 11 e A l. [-tier.i lL _ ; 'cfl::Lc x J~:\M p,f'JL
n..' a-
CO).;CR€TE PIPEUtV€
COVeR SCASJ___ '___'_'''_, _
PROJECT .BARTOIV-ANaOTE PIPEUtV~
FLORIDA rOWER CORPORATIOH
.Ir. 'tr'''.tUJD H.DItIOA
.
DRAWl NO NO. I{-S 34 ~11 ~ l
;7275624825
,
-- -
# 6/ 13
I
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City of Clearwater
HD-32 to HD-33
~ -,---. A
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ETS #20040293
AMENDMENT TO LICENSE AGREElVIENT
This Amendment to License Agreement 87007004 (hereinafter referred to as the
"Amendment"), made and entered into on this ~3!V1 day of ~Q....., 2004, by and between
PROGRESS ENERGY FLORIDA, INC., a Florida Corporation, whose mailing address is 3300
Exchange Place, Lake Mary, FL 32746 (hereinafter sometimes referred to as "LICENSOR"); and
City of Clearwater, a Municipality, Wh013e mailing address is P.O. Box4748/ Clearwater,
Florida 33758-4748 (hereinafter referred to as "LICENSEE"), herein;
WITNESSETH
WHEREAS, LICENSOR and LICENSEE have heretofore entered into that certain
License Agreement dated Dec. 18th, 1986 (hereinafter referred to as the "Agreement"), a copy of
which is attached hereto as a composite "EXIllBIT A" and is, by this reference, made a part
hereof, which Agreement established the terms and conditions pursuant to which LICENSOR
agreed to allow LICENSEE the privilege and license to occupy and utilize a portion of the
Tra.nsmission Right of Way in the SE 1/4 of Section 7, Township 29 South, Range 16 East,
Pinellas County, Florida being hereinafter, referred to as the. "License Area" and with the
location and extent of said License Area being substantially as depicted on print of sketch
attached hereto in "EXHIBIT A"; and
WHEREAS, LICENSEE has been granted the limited privilege and license to occupy and
utilize the License Area for parking; and
WHEREAS, the parties to the Agreement are willing to make such Amendment to
License Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
agreements, conditions, and warranties of the parties to the Agreement and this Amendment, it is
hereby covenanted and agreed by and between the parties as follows:
1. The Agreement is hereby amended and modified as follows: To allow for addition
parking Area, Exhibit "A" to this Amendment is to be add to the already
Existing Amendment and Original License Agreement's Exhibits to reflect the
additional Licensed Area, said Existing Amendment and Original License
Agreements are attached hereto and made a part hereof;
2: Except as herein amended and modified, all of the terms, conditions, covenants,
agreements, representations, and warranties of the Agreement are and shall remain in
full force and effect.-
3. LICENSOR, by this execution hereof, hereby represents, warrants, and certifies that,
to the best of its information and belief, LICENSEE has fully performed all of its
Page 1 of2
duties and obligations under the Agreement and that, to the best of LICENSOR's
information and belief, the Agreement is not in default as of the date hereof.
tICENSEE, by its execution hereof, hereby represents, warrants, and certifies, that,
to the best of its information and belief, LICENSOR has fully performed all of its
duties and obligations under the Agreement and that, to the best of LICENSEE's
information and belief, the Agreement is not in default as of the date hereof.
~ \)
IN WITNESS WHEREOF, the said LICENSOR and LICENSEE have caused these
presents to be executed in their respective corporate names by their proper officers thereunto
dilly authorized and their respective corporate seals to be hereunto affixed- and attested, all as of
the day and year first above written.
WITNESSES:
~C\ rl .
Sign ~Q . ~~'^--I-
Printed Name:-: (" , .s,n..".,,- "'"'-'~_
~c::>r.J""-' . I" "-"---' ~
Sign
Printed
.~
A \ \ k. f\ \~S\\~ K S
DATED this 2,^J
Day of
WITNESSES:
Sign C~ 'h~
Pnnted Name: C Clv-o I t n i.3 r) l"I.f<:.
f\. a ), 7
Sign/::PJ)iLJ:i2J. .". jjj(~)
PrintedName: J)e;Ji.$o!t. tJ/i SOtJ
DATED this
~3~
AP~rove~m:
By. ,
Laurai"Lipowsld
Asst/. City Attorney
I
PROGRESS ENERGY FLORIDA, INC.
(as LICENSOR)
BY~~ ~
arah S. Rogers Ice PreSIdent
Transmission Florida
Attest: e
R. Alexander Glenn,
sistant Secretary ~
/~~ROvf">-
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.......... \.
.f CRAV\fFaRD, OIIVE/IJ i)
'. & HINES, !".A.
I BY; 13 c.
~~~/
fJ.v.sv~ +-
, 2004
City Of Clearwater (as LICENSEE)
By:
.-/J.':. ~::.))// ~> '/~;.?r/~'~'
__i..a/..~ . _ /--1 ~:t:iJ / I '-"I
rian J. AilllgSt
Mayor
~~7rC
William B. Horne II
City Manager
Day of ~ .2004
Page 2 of2
7-13-04;10:59AM;PARK AND RECREATION
;7275624825
# 2./ 2
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P1NElLA.~ COUNl::Y
CITY ~,i.u'e PRINT CO.
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PIN~LLA5 COUNTY FLA.
OFF.REC.8K 12294 PG 1775
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NORTH LrNE
SE.1/4. SE.1/4
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, L~END
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F.P_C. T WE
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DREW
SOUTHEAST CORNER
SECTION 7- 25. IS
N B90'3S'IO"W 1335.83'
SOUTH CINE SEC.7
S K E TC H
ONLY
NOT
A
S U RV E Y SEE SHEET 2 FOR LEGAL DESCRIPTIONS
..
CUMBEY & FAIR INC. ~
CONSULTING CIVIL ENGINEERS ~
THE
COMMONS
INGAESS- EGRESS
L Y IN G
EASEMENT
IN
20483 EHTCRPl'llSE ROAD, Cl.EARWATER, FLORIDA 331575
SCA.LE I"; 100 I DATE 10/15! 66
JOB No. 334 E
SEC. 7 TWP. 29 S., RGE. 16 E.