MUTUAL USE AGREEMENTTBW Project: Cypress Creek 66" Transmission Main
TBW Parcel No.: 4294.71C — Non - Exclusive Perm Pipeline Easement
Section 28, Township 26 S, Range 17 East
Pasco County, Florida
Prepared by and return to:
Tampa Bay Water
Raymond T. Brigham PLS
Senior Professional Land Surveyor
2575 Enterprise Road
Clearwater, Florida 33763 -1102
MUTUAL USE AGREEMENT
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2015083320 03/26/2015 at 09:45 AM
OFF REC BK: 18722 PG: 1405 -1413
DocType:AGM RECORDING: $78.00
(Reserved for Clerk of Court)
THIS MUTUAL USE AGREEMENT entered into this o3<-/' day ofj(� C
2015, by and between TAMPA BAY WATER, A Regional Water Supply Authority, an
interlocal governmental entity of the State of Florida, hereinafter referred to as "TAMPA BAY
WATER," with its principal place of business located at 2575 Enterprise Road, Clearwater,
Florida 33763 -1102, and the CITY OF CLEARWATER, d/b /a CLEARWATER GAS SYSTEM,
referred to as "GAS" whose local address is 400 N. Myrtle Avenue, Clearwater, FL 33755
RECITALS:
A. TAMPA BAY WATER owns and possesses a Non - Exclusive Permanent Pipeline
Easement in and upon that certain real property more particularly described in the Deed
as recorded in Official Records Book 9108 at Page 584 of the public records of Pasco
County, Florida ( "Tampa Bay Water Easement ").
B. TAMPA BAY WATER operates, and maintains its Cypress Creek 66"
Transmission Main Replacement and its appurtenances ( "Tampa Bay Water Pipeline
Facilities ") within the Tampa Bay Water Easement.
C. GAS has acquired or will acquire the appropriate rights or interests from the fee
simple owner of the property underlying GAS desires to use a portion of the Tampa Bay
Water Easement in order to design, construct, inspect, operate, maintain, and repair a 4"
gas main ( "GAS Facility ") for the purpose of providing natural gas to its customers.
D. GAS and TAMPA BAY WATER desire to enter into this agreement for the
purpose of setting forth the terms and conditions under which GAS and TAMPA BAY
WATER will mutually use a portion of the Tampa Bay Water Easement described in
Exhibit "A" (the "Use Area "), attached hereto and incorporated herein.
NOW THEREFORE, for and in consideration of the premises and the sum of Ten
[A04 -02064 /162851/2] GM14- 2064 - 048/162011/1 1
Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
1. The above recitals are true and are incorporated herein by reference.
2. TAMPA BAY WATER hereby agrees to allow GAS the mutual use of the Use Area for
the uses and purposes stated herein.
3. GAS acknowledges and agrees that TAMPA BAY WATER's use of the Tampa Bay
Water Easement for water transmission pipelines and related purposes will not constitute an
interference with GAS's use of the Use Area.
4. Within fifteen (15) days after this Agreement is executed by both parties, GAS will
submit to TAMPA BAY WATER, a complete set of the most current construction plans for the
GAS Facility within the Use Area. Thereafter, TAMPA BAY WATER shall have forty -five (45)
days to review and approve GAS's construction plans, such approval not to be unreasonably
withheld. Also during this 45 -day period, TAMPA BAY WATER may make comments to
GAS's construction plans, by directing any such comments to GAS. GAS will use its best
efforts to incorporate TAMPA BAY WATER's comments into the construction plans.
5. GAS acknowledges and agrees that it is using the Use Area "as is" and that TAMPA
BAY WATER will not be responsible for preparing, altering, or modifying the Use Area in any
manner to accommodate GAS's use.
6. During construction of the GAS Facility, GAS agrees to the following:
a. GAS will not interrupt the operation of the Tampa Bay Water Pipeline Facilities,
so that the Tampa Bay Water Pipeline Facilities operate as they did prior to the start of
the construction of GAS Facility.
b. GAS will provide a minimum separation of 18- inches vertical below the bottom
edge of the pipe crossing with GAS Facility and the Tampa Bay Water Pipeline
Facilities.
c. Any temporary roads used for construction traffic crossing the Tampa Bay Water
Pipeline Facilities shall be built up a minimum of 3 -feet above existing grade.
7. GAS covenants that its use of the Use Area shall not at any time interfere with TAMPA
BAY WATER's use of the Tampa Bay Water Easement, and that GAS' s use of the Use Area will
not cause the impairment of the Tampa Bay Water Pipeline Facilities or other hazardous
conditions to exist. GAS covenants that if it creates a hazardous condition or restricts, impairs,
interferes with, or hinders the use of the Tampa Bay Water Easement by TAMPA BAY
WATER, then, upon notification by TAMPA BAY WATER, GAS shall, within seventy -two
(72) hours, at its cost and expense, correct such condition. TAMPA BAY WATER retains the
right to enter upon the Tampa Bay Water Easement for the purpose of correcting such condition
GM14- 2064 - 048/162011/1 2
if GAS fails to respond within the seventy -two (72) hour period following notice or if TAMPA
BAY WATER determines that an emergency situation exists and requires immediate attention.
GAS agrees to reimburse TAMPA BAY WATER for all reasonable, justified and substantiated
costs and expenses incurred in connection with such action.
8. During the period in which any construction or site preparation for the GAS Facility is
occurring by or on behalf of GAS within the Use Area, GAS shall maintain or arrange to have
maintained the following insurance coverage through either self - insurance, purchased insurance,
or a combination thereof:
a. Workers' Compensation insurance adequate under Florida law for all of GAS's
employees working in or about the Tampa Bay Water Easement. GAS shall require
all contractors or sub - contractors working in or about the Tampa Bay Water
Easement to maintain Workers' Compensation insurance adequate under Florida law
for all their employees.
b. Automobile liability insurance in the minimum amount of $1,000,000.00 combined
single limit, each accident, (bodily injury and property damage) insuring all owned,
leased, hired and other non -owned vehicles.
c. Comprehensive General Liability Insurance in the minimum amount of
$1,000,000.00 combined single limit (bodily injury and property damage) covering
premises operations liability, products and completed operations liability, personal
injury coverage.
d. Employer's Liability Insurance in the following minimum amounts:
$100,000 EACH ACCIDENT EACH EMPLOYEE
$100,000 EACH DISEASE EACH EMPLOYEE
$500,000 AGGREGATE BY DISEASE
e. GAS shall furnish TAMPA BAY WATER with a letter of self - insurance signed by
the City's Risk Manager. Any and all subcontractors performing work for GAS will
furnish TAMPA BAY WATER with a Certificate of Insurance certifying that each
policy required is in full force and effect. GAS and any and all subcontractors will
give TAMPA BAY WATER thirty (30) days advance written notice by certified
mail and4hah before canceling or changing the coverage of the required coverages
under this Agreement.
The failure of TAMPA BAY WATER to request evidence of the coverage set forth above
shall not be construed by GAS as a waiver of GAS's obligation to provide the insurance
coverage specified.
The parties shall fully cooperate in making claims and furnishing information to the
insured or the insurers and in obtaining settlements and payments from the insurer or insurers.
GM14- 2064 - 048/162011/1 3
Neither GAS nor its contractors shall claim an interest in any insurance settlement arising out of
any loss with respect to the Tampa Bay Water Pipeline Facilities where TAMPA BAY WATER
is named as the sole beneficiary. GAS and its contractors shall execute any and all documents
required by TAMPA BAY WATER or its insurer that may be necessary for use in connection
with the settlement of any such claims. GAS shall not conduct or allow any hazardous activity on
the Tampa Bay Water Easement that brings about a risk of bodily injury (including death) or
property damage (including damage to or destruction of the property) that would be excluded
from the coverage of the insurance that GAS is obligated to maintain.
9. After construction and after the GAS Facility is installed, GAS agrees to the following:
a. GAS shall clearly and permanently mark the location of the GAS Facility in the
Use Area and TAMPA BAY WATER shall clearly and permanently mark the
location of the Tampa Bay Water Pipeline Facilities in the Use Area.
b. Thereafter, should either party or its contractors negligently or intentionally
damage the facilities of the other party, the injured party shall be reimbursed for
all reasonable costs and expenses it incurs in connection with repairing any such
damage.
c. GAS shall be responsible and shall reimburse TAMPA BAY WATER for all
reasonable costs and expenses it incurs in connection with additional construction
costs due to the GAS Facility located within the Use Area. GAS shall reimburse
TAMPA BAY WATER all said costs and expenses within 30 days.
10. To the extent permitted by Section 768.28, Florida Statutes and without waiving its
sovereign immunity, GAS shall protect, defend, indemnify and hold TAMPA BAY WATER and
its officers, employees and agents harmless from and against any and all liabilities, claims,
losses, negligent act, error, or omission by the GAS, its subcontractors, agents or employees,
arising out of or incidental to the performance of this Agreement. The GAS's obligation to
indemnify TAMPA BAY WATER pursuant to this Section 10 is limited by the GAS's right to
sovereign immunity, which right is expressly not waived by the GAS, and to the indemnification
limitations provided in section 768.28, Florida Statutes.
11. Seven (7) days prior to commencement of construction, GAS or its contractor shall
contact the Tampa Bay Water Facilities Maintenance Department for the purpose of coordinating
with and advising TAMPA BAY WATER of GAS's construction schedule.
12. The occurrence of one (1) or more of the following acts shall be deemed to constitute an
event of default:
GAS or TAMPA BAY WATER fail to perform and comply with any obligation,
responsibility or liability imposed upon TAMPA BAY WATER or GAS by this
Agreement and such failure continues for more than thirty (30) days after the non-
defaulting party gives the defaulting party written notice thereof, or the defaulting
party fails to commence all reasonable curative action within thirty (30) days after
notice thereof and fails to diligently and continuously prosecute the curative
GM14- 2064 - 048/162011/1 4
action to completion;
If a default occurs and the defaulting party fails to cure such default: in accordance with this
Agreement, the non - defaulting party may, without further notice immediately or at any time
thereafter, correct the default, in which event the defaulting party shall immediately reimburse
the non - defaulting party for any and all costs incurred by the non - defaulting party in curing the
default.
13. GAS's interest in the Use Area shall not be subject to liens for improvements made by,
to or upon the Use Area, and any such liability is expressly prohibited as contemplated by
Section 713.10, Florida Statutes. If any mechanic's lien is placed or any claim is filed against or
permitted to be done by either party, such party shall cause the same to be removed within one
hundred twenty (120) days of recording, and shall hold the other party harmless from any
adverse effect thereof.
14. All notices, communications, and consents required or permitted by this Agreement
shall be in writing and delivered by hand or transmitted by registered or certified mail, return
receipt requested, with notice deemed to be given upon receipt and addressed to the attention of
the following:
If to GAS:
With a copy to:
If to TAMPA BAY WATER:
With a copy to:
With a copy to:
GM14- 2064 - 048/162011/1
Jorge Hernandez, PE
Design & Permitting Coordinator
400 N. Myrtle Avenue
Clearwater, FL 33755
City Attorney
112 S. Osceola Ave.
Clearwater, FL 33756 -5103
Mr. Matthew Jordan
General Manager
2575 Enterprise Road,
Clearwater, Florida 33763 -1102
Mr. Ed Davis
Infrastructure Manager
2575 Enterprise Road,
Clearwater, Florida 33763 -1102
Barrie S. Buenaventura
General Counsel
Pennington P.A.
5
2701 N. Rocky Point Drive, Suite 900
Tampa, FL 33607
15. This Agreement shall be binding upon the successors and assigns of the parties hereto
(subject to the restriction governing assignment contained in the paragraph 16).
16. Neither party shall assign its rights under this Agreement without prior written approval
of the other party.
17. This Agreement may only be amended in writing, duly executed by the authorized
representatives of the parties hereto.
18. This Agreement may be executed in more than one counterpart, each of which shall be
deemed an original.
19. This Agreement represents the entire agreement between the parties hereto, with respect
to the subject matter contained herein, and supersedes all prior negotiations, understandings,
representations or agreements, either written or oral.
20. If any one or more of the provisions of this Agreement should be held contrary to law,
public policy, or should for any reason whatsoever be held invalid or unenforceable by court of
competent jurisdiction, then such provision or provisions shall be null and void and shall be
deemed separate from the remaining provisions of this Agreement, which remaining provisions
shall continue in full force and effect if the rights and the obligations of the parties contained
herein are not materially prejudiced and the intentions of the parties continue to be effective.
21. Any term, condition, covenant or obligation which requires performance by either party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
22. GAS agrees that at such time as the GAS Facility is removed from the Use Area, the
rights granted herein shall be automatically extinguished. GAS agrees to execute whatever
documents are necessary for the purpose of clearing title to the Tampa Bay Water Easement at
issue in this Agreement.
23. The remedies set forth in this Agreement are cumulative and not in limitation of any
remedies available at law or in equity.
GM14- 2064 - 048/162011/1 6
MUTUAL USE AGREEMENT
(between TAMPA BAY WATER and CITY OF CLEARWATER)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date of
execution written above.
COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA
— Ct€0tt 4Crckt-o5
George N. Cretekos, Mayor
APPROVED AS TO FORM:
Laura Mahony, Assistant Cit
STATE OF FLORIDA
COUNTY OF g
William B. Horne II, City Manager
ATTEST:
Rosemarie Call, City Clerk
The foregoing instrument was acknowledged bet e me this a914` day of mart)
2015, By Vv,\,i o-nn l3 rk ne . Thai he is personally known to me or has produced
as identification and has/has not taken an oath.
By:
Notary Public
My Commission Expires:
GM14- 2064 - 048/162011/1
\ aolko
Print Name: .5Gr, cr, 0; r c
SANDRA HARRIGER
NOTARY PUBLIC
STATE OF FLORIDA
Comm #8E142238
EE142238
MliOlt@§ 1,4ti +118
7
WITNESS:
MUTUAL USE AGREEMENT
(between TAMPA BAY WATER and CITY OF CLEARWATER)
TAMPA BAY WATER, A REGIONAL
WATER SUPPLY AUTHORITY
Witneigs
Print Name
Witness
Matthew J:'don, General Manager
3/�
Print Nammi)Yj.. °C�Qj
APPROVED AS TO FORM
Att/tIff /../4
r ice of the General Couns 1
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this kip day of
M TWA , 2015, Matthew Jordan,as General Manager of Tampa Bay Water, on
behalf of Tampa Bay Water. He is ersonally known o me or has produced
as identification and did /did not take an oath.
By: \(.t .L
Notary Public,
Print Name: t rAfge.L9 UUE2
My Commission Expires:
(Seal)
I.
: :si t. KIMBERLY JAQUEZ
,a, :A Commission # FF 075090
• �� a Expires December 16, 2017
' R ;.. Bonded Thn, Troy Fan Insurance 800385 -7019
T: \Planning & Projects \Brigham \Clearwater Gas \MUA to cross TBW esmt - Clearwater Gas- FINAL.CIOCX
GM14- 2064 - 048/162011/1 8
SECTION 28 TOWNSHIP 26 SOUTH RANGE 17 EAST
REVISIONS
m• CHORD NEARING
CD.- CHORD DISTANT
E.EAST
ELY.. EASTERLY
N.• NORTH
PC. POINT OF CURVATURE
SURVEY ABBREVIATIONS
POD. POINT OF BEGINNING
PDC.. POINT CF COME ODI NT
PT.. POINT OF TANGENCY
RAD.= RADIUS
RNG.•RANGE
R/W.. RIGHT-OF-WAY
S. SOUTH
SIM• SECTION
SLY, SOUTHERLY
1WP, 10wa@E
W.• VAST
WLY.. WESTEPLY
± . MORE OR IESS (a pis or wins )
e-
' • MINUTE WHEN US® DI BEARINGS
• • SBbIQS WHEN USED DI BEARINGS
• FEET WIEI USED DI DETAPIOS
• . INCHES mere US® DI DISTANCES
CORRECTIONS PER MARK UP 2/24/15
30'
o'
30'
60'
SCALE : 1 " = 30'
LEGAL DESCRIPTION
& SKETCH ONLY EXHIBIT "A"
A DESCRIPTION OF A 30.00' BY 14.00 ' NON- EXCLUSIVE UTILITY AND INGREES /EGRESS EASEMENT:
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST 1/4 AND A PORTION OF THE SOUTHEAST 1/4 OF SECTION 28,
TOWNSHIP 26 SOUTH, RANGE 17 EAST, PASCO COUNTY, FLORIDA, LYING NORTHERLY OF THE CENTERLINE OF THE FORMER
ACL RAILROAD AND LYING NORTHERLY OF STATE ROAD NO. 54, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 28; THENCE N 00'16'00" E ALONG THE EAST
LINE OF SAID SOUTHEAST 1/4 FOR 2008.36 FEET TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 54
AS SHOWN ON THE RIGHT OF WAY MAPS BY THE FLORIDA DEPARTMENT OF TRANSPORTATION DATED 4/20/1999 PREPARED
BY GENESIS GROUP, INC. AND AS SHOWN ON SHEETS 18 THRU 22, INCLUSIVE 34 SHEETS; THENCE ALONG THE SAID
NORTHERLY BOUNDARY LINE OF STATE ROAD 54, S 77'28'21" W FOR 2061.63 FEET TO A POINT OF CURVATURE OF A CURVE;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE CONCAVE NORTHERLY, WITH A RADIUS OF 11384.16 FEET, A CENTRAL
ANGLE OF 05'56'16 ", AN ARC LENGTH OF 1179.79 FEET, AND A CHORD BEARING AND DISTANCE OF S 80'26'29" W FOR
1179.27 FEET TO A POINT OF TANGENCY; THENCE S 83'24'37" W FOR 1150.23 FEET; THENCE N 73'00'35" W FOR 50.00
FEET; THENCE S 83'24'37" W FOR 86.12 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTHERLY
BOUNDARY LINE OF STATE ROAD 54, SOUTH 83'24'37" W FOR 14.00 FEET; THENCE NORTH 06'35'23" W FOR 30.00 FEET;
THENCE NORTH 83'24'37" E FOR 14.00 FEET; THENCE S 06'35'23" E FOR 30.00 FEET TO A POIN i ON THE NORTHERLY
BOUNDARY LINE OF STATE ROAD 54 ALSO BEING THE POINT OF BEGINNING
171.00'
883.24'37"E
tn
14.00' — — '
Ci o
y b 0
b
a C
LINE 4
TAMPA BAY WATER EASEMENT
s83'24-'37"\N
14.00'
NLY R/W LINE OF
STATE ROAD 54
NOT A BOUNDARY SURVEY
P 0 B
CURVE 1:
RAD.= 11384.16'
ARC = 1179.79'
DELTA = 05'56'16"
C.B. = S 80'26'29" W
C.D. = 1179.27'
LINE 2 PT
LINE 1 :
S 77'28'21" W - 2061.63'
LINE 2 :
S 83'24'37" W - 1150.23'
LINE 3 :
N 73'00'35" W - 50.00'
LINE 4 :
S 83'24'37" W - 86.12'
CURIE
PC
P 0 C
SE_ COR. OF OF SE 1/4
OF SEC. 28 -26 -17
LINE
NLY R/W LINE OF
STATE ROAD 54
NOTE: Bevatiors shown thus ( 00.00) are based on North American Vertical Datum.
NOTE: Unless otherwise stated the property deaaIpdon rhhovMm hereon was provided by client
NOTE: UMegrourd insiallations or improvements, Inducing foundations, have not been located
except as shown hereon.
NOTE: This flood detertanation is based on the Food Insurance Rate Map, Federal Emergency
Management Agency. This deterliNtlon does not imply that the referenced property
will or will not be free from flooding or damage. Property in a special flood hazard
area may be damaged by a flood greeter than that predicted an the F.I.RM. or from
local drainage problem not shown on the map. This detenneadon does not create
Mighty on the part of this company, or any office or any employee thereof, for any
damage that results tun rdence on this determination.
NOTE: Above ground improvements including building overhangs hags have not been bested except as
shown hereon.
NOTE: This survey was prepared without the beck of a tide search and may be subject to easement,
right-of-ways, and other mattes of record.
NOTE: Prior to construction and / or reliance on flood zone note, the bulking department
should be contacted for verification of flood zone.
NOTE: The property shown hereon may be subject In the rules, regulations, ordinances and /
or jurisdictions of local state and / or federal agandrs. The requirements of said
rules, regulations, oniia ce s and / or the limits of said jurisdictions are not shown
hereon, unless stated athe vise.
DATE OF FIELD SURVEY
DATE OF DRAWING
N/A
02/17/15
CERTIFIED TO:
TAMPA BAY WATER, A REGIONAL WATER
SUPPLY AUTHORITY
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
RCT SURVEYING
& MAPPING,INC.
CERTIFICATE OF AUTHORIZATION LB #8060
18832 ARIPEKA ROAD
ARIPEKA, FLORIDA 34679
PHONE (727) 267 -5306
BOUNDARY SURVEY: N / A
WORK ORDER NUMBER: 15-07
Unless t bees the signature and the original raised red
of a Fonda licensed surveyor and mapper, this map /
report b for ofonnedonal purposes only and is not valid.
Additions or deleHars to survey maps or reports by other
than the signing party or parties is prohdated without written
cursed of the signing party or parties.
CHAD E. WHITE SURVEYOR AND MAPPER #6226