TAMPA PUB, LTD
t'
Prepared by and Rsmm te:
Jonathan S. Gelman, Esq.
Greenberg Traurig, P.A.
401 East Las Olas Boulevard
Suite 2000
Fort Lauderdale, Florida 33301
KEN BURKE, CLERK OF COURT
PiNELLAS COUNTY FLORiDA
INST# 200706779202/27/2007 at 02:30 PM
OFF REC BK: 15656 PG: 1425-1433
DocType:EAS RECORDlrJG: $78.00
NON-EXCLUSIVE
UTILITY EASEMENT AGREEMENT
THIS NON-EXCLUS~~~~~~~NT AGREEMENT (this
"Agreement") is granted the Lday of ".. , 8?'t AMP A PUB, LTD., a Florida
limited partnership, whose address is c/o Stiles Corporation, 300 East 2nd Street, Fort Lauderdale,
Florida 33301 ("Grantor"), to CITY OF CLEARWATER, a municipal corporation ofthe State
of Florida, whose address is 400 North Myrtle Avenue, Clearwater, Florida, 33755 ("Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
W!TNE~~ETH:
WHEREAS, Grantor is the owner of property situate, lying and being in Pasco County,
Florida (the "Easement Property"), and described as follows:
See attached Exhibit "A" - 10 Foot-wide Utility Easement; and,
WHEREAS, the Grantee desires a non-exclusive easement for the installation of
[underground electric and telecommunication lines and associated facilities, the repair,
maintenance and replacement of public utilities and/or other appropriate purposes incidental
thereto], on, over and across the Easement Property; and,
WHEREAS, the Grantor is willing to grant such an easement.
NOW, THEREFORE, for and in consideration of the mutual covenants each to the
other running and one dollar ($1.00) and other good and valuable considerations, the receipt of
which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree
as follows:
1. Recitations. The recitations set forth above are true and correct and are
incorporated herein by this reference.
2. Grant of Easement. Grantor does hereby grant unto the Grantee, for the benefit
of the Grantee, a perpetual, nonexclusive easement as follows:
a. over and under the Easement Property for the underground installation of
[underground electric and telecommunication lines and equipment and associated
FTL 106681935v3 009904.079800
facilities (collectively, the "Utilities"), repair, maintenance and replacement of the
Utilities]; and
b. over and across the Easement Property for ingress and egress as needed
for the purposes described in subparagraph (a) above.
3. Use of Easement Area. In the event of installation, repair, maintenance or
replacement ofthe Utilities under the Easement Property, or ingress or egress across the
Easement Property, the Grantee and/or the utility provider responsible for said
installation, repair, maintenance or replacement, or ingress or egress, shall promptly
restore the Easement Property to the condition which existed prior to said use of the
Easement Property. Said restoration shall include, but not be limited to, any necessary
restoration of any landscape areas. The Easement Property may be used by utility
providers other than, and in addition to, Grantee. Grantor reserves all rights of ownership
in and to the Easement Property, including without limitation, the right to use the
Easement Property for all uses not interfering or wholly inconsistent with the uses
permitted herein.
4. Relocation. Notwithstanding any provision contained herein to the contrary,
Grantor shall have the absolute right, at Grantor's cost, to relocate the Utilities to such
other location on the property owned by Grantor, so long as such relocated Utilities
continue to provide reasonably equivalent function and provided that Grantor, at
Grantor's sole cost and with the cooperation of Grantee, shall first obtain any
governmental permits and approvals necessary to so relocate the Utilities. Upon
relocation ofthe Utilities, the easement with respect to same as granted hereunder shall
thereby be deemed to be automatically relocated.
5. Indemnitv. To the extent permitted by Florida Statute 768.28, Grantee agrees to
indemnify and hold Grantor hannless against any damages to persons or property arising
out of or in connection with the use by Grantee and its licensees, agents independent
contractors, successors and assigns of the easement described herein. For purposes of this
paragraph 5, the term "damages" shall include all costs and expenses, including attorney's
fees and costs, incurred by a party in connection with an indemnified claim. Nothing
herein shall be construed as a consent by the City to be sued by third parties, or as a
waiver or modification of the provisions of Section 768.28 , Florida Statutes or the
Doctrine of Sovereign Immunity.
6. Release or Modification. The rights granted to the Grantee may be released or
modified by a written, recordable release executed by the Grantee.
7. Bindio2 Effect. The provisions of this Agreement shall be binding on the parties
hereto and their respective successors and assigns as a covenant running with and binding
upon the Property.
[See Following Pages For Signatures]
2
FTL 106705257v1 1/19120079999021775383
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed
the day and year first above written.
WITNESSES
GRANTOR:
TAMPA PUB, L1; ,
partnersh'
I....) ~. ~
By: ',22 ~
Print Name: fJcrI/2/c/a.. t::Jh!!/71lY?7'"'l
By:
Name: Dennis F. O'Shea
Title: Vice President
STATEOF~IUDA
COUNTY ~
'?l7~
The foregoing instrument was acknowledged before me tlWf _ day of December, 2006
by Dennis F. 0' Shea, as Vice President of TAMPA PUB, LTD., a Florida limited partnership,
who executed the foregoing instrument on behalf of said entity~the purposes therein
expressed. He/She personally appeared before me and is either. personally known to me or ( )
has produced - as identi Ication.
)
:ss.:
)
[NOTARY SEAL]
Notary.
Print me: Ileen S. uston
No y Public, State of Florida
., ,
y commISSIOn expIres:
Nolary III tate 01 FIorlda
Eileen S Houston
My Commission DD600460
E ires 11/2912010
!i'-
~Offl.l
3
FTL 106681935v3 009904.079800
GRANTEE:
Cou ntersigned:
CITY OF CLEARWATER, FLORIDA
.4~K///~
El:a'nk V. Hibbard
Mayor
By:
~~
William B. Home tI
City Manager
.' '
, '
.
.
.
.
.
I'
Approved as to form:
Attest:
.
-::.= ""
Laura Lipowski
Assistant City Attorney
STATE OF FLORIDA )
:ss.:
COUNTY OF )
The foregoing instrument was acknowledged before me this ~day of
,2007 by ~~\\~~.ful'\~u.. ,as ~~ ~ of
CA h o"-"C , a entity for the purpo~s therein expressed. He/Stfe
personally appeared before me and IS either ~ personally known to me or ( ) has
produced as identification.
[NOTARY SEAL]
Notary:
Print Name: ~
Notary Public, State of Florida
My commission expires:
".",I~"N:!.,,~ SANlRA HARRIGER
t.rA~~ MY COMMISSION /I DO 278716
~~,j.i EXPIRES: JanUlly 4, m
~Fif.~~' Bonded ThIll NoIIIy Ptdc UrldIIwl\lIlI
....
CONSENT
In consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Wells Fargo Bank,
National Association (the "Mortgagee"), the owner and holder of that certain Mortgage, Security
Agreement and Fixture Filing dated December 16, 2005, and recorded in Official Records Book 6757,
Page 894, as modified by that certain Mortgage Modification and Future Advance Agreement
executed July 7,2006 and recorded on July 11, 2006 in Official Records Book 7079, Page 1679,
both of the Public Records of Pasco County, Florida (as modified, the "Mortgage"), hereby consents
to that certain Non-Exclusive Utility Easement to which this Consent is attached (the "Easement"). The
lien and encumbrance of the Mortgage (and any other documents executed incident thereto) shall be and
are hereby made subject and subordinate to the Easement, and nothing contained in the Mortgage shall
affect, alter or modify in any manner whatsoever the terms and conditions of the Easement but, in all
other respects, the Mortgage shall remain unmodified and in full force and effect. This Consent shall be
binding on Mortgagee and its successors and assigns with respect to the Mortgage.
Executed as of this Eday of December, 2006.
Signed, Sealed and Delivered in the
presence of these witnesses:
MORTGAGEE:
Wimess ~ fZJ
Print Name: l~ V ,tJ III ~ a....'1
Witness: 14 ..: /t ~Y0J ~
Print Name: ~~(.;:- f v)<J~~tJ
WELLS FARGO BANK, National
Association
/,,7
//'/
By:
Na
Title:
STATE OF ~\OY\~ )
COUNTY OF~l)\l...XHo( S\
/1~ 'I The foregoing instrument was ackno~ledged before me thisC1-1 day of December, 2006 by
L.1N O~ .JIt'1Le(lez- , as Et.lQ.-hO'tls~ 'M~t' of WELLS FARGO BANK, National
ASSOCIation, who executed the foregoing instrument on behalf of said entity for the purposes therein
expressed. He/She personally appeared before me and is eitheriC" personally known to me or ( ) has
produced as identificatioh. .
[NOTARY SEAL)
NObIy:~~
Print Name: \ -e ~~O
Notary Public, State of Florida
My commission expires: lp \ ~) \ 0
NOTARY PUBLIC-STATE OF FLORIDA
.:_..~ Michelle Santiago
~ ECommission #DDS60176
....."....,',.. Expires: JUNE OS, 2010
B01\DED THRU ATlMillC BONDL'\G CO., INC.
FTL 106681935v3009904.079800
EXHIBIT "A"
Utility Easement
FTl 106705257v1 1/1912007 9999021775383
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