DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICECLEARWATER GAS SYSTEM /CITY OF CLEARWATER
DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE
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This Agreement is entered into this 1 day ofJ /) /vr) 2015, between the City of Clearwater,
Florida, a municipal corporation organized and existing under the laws of the State of Florida, d/b /a
Clearwater Gas System, hereinafter called the "CGS" and NNP- Bexley, LLC, a Florida limited
liability company, hereinafter called the "DEVELOPER ".
RECITALS
A. DEVELOPER is developing land for sale and plans to include, among other things,
approximately 525 platted lots for single family homes (the "Project ") to be known as
Bexley ,. located in Section 30 , Township 26, Range 18 East, Pasco County, Florida,
as more particularly described in Exhibit "A" attached hereto and incorporated herein, and as will
be recorded in the Official Records of the Clerk of the Circuit Court, Pasco County, Florida.
B. DEVELOPER, for itself and on behalf of the future owners of residences in the
Project, desires to have natural gas service available within the Project.
C. CGS desires to install a natural gas distribution system within the Project, at its
expense, upon completion of and final approval of CGS'S feasibility report and DEVELOPER has
agreed to engage CGS to install such a system within the Project, pursuant to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for
other good and valuable considerations, the receipt and sufficiency of which are hereby
acknowledged, CGS and DEVELOPER hereby agree as follows.
1. Recitals. The foregoing Recitals are true and correct and are incorporated in
and form a part of this Agreement.
2. Gas Distribution System.
2.1 Installation of Gas Distribution System. CGS agrees to design and
install a natural gas distribution system within the Project, including all necessary distribution
lines, meters and ancillary facilities (collectively, the "System ") necessary to provide natural gas
service up to the meter of each residence constructed during the term of this Agreement as a Gas
Compliant Residence in conformity with Section 3. The design of the System shall be subject to
DEVELOPER's review and approval prior to CGS's commencement of construction thereof, for
purposes of integration of the System into the Project. CGS shall control design of the System for
gas operations purposes. The System does not include any facilities past the meter and CGS has
no obligation to install or maintain such "behind the meter" facilities. DEVELOPER and CGS
agree to reasonably cooperate with respect to the design and construction of the Project
infrastructure, including without limitation, the System. Such cooperation shall include, without
limitation, providing responses to requests for information required for development permits, plat
approvals, and similar authorizations within fourteen (14) days of either parties' receipt of a
request for any such information from the other party. The parties agree to use all commercially
reasonable efforts to cause the System to be designed and constructed in coordination with the
other Project infrastructure, so that (i) commencement of construction of the System can
commence in concert with the commencement of construction of the other Project infrastructure;
and (ii) each phase of System can be completed simultaneous with completion of the other
infrastructure located within the same phase of the Project.
2.2 Preparation for Installation and Easements. DEVELOPER represents
that it owns and has legal title to the real property on which the Project will be constructed and has
the authority to develop the Project and to enter into this Agreement. DEVELOPER shall provide
or cause to be provided to CGS, and its employees, agents and subcontractors, adequate physical
and legal access including recorded, assignable non- exclusive easements and /or rights of way to
all reasonably necessary areas of the Project in substantially the form attached hereto and
incorporated herein as Exhibit `B ", and /or by recorded, platted easements, all as reasonably
necessary for the installation, operation, maintenance, repair and replacement of the System. With
respect to such easements, DEVELOPER shall secure the consent and joinder of all necessary
parties.
DEVELOPER reserves the right to relocate any easement made available hereunder if
necessary for the development of the Project, provided that construction of the portion of the
System subject to any such relocated easement has not yet been commenced, and suitable
easements and access for the System to all portions of the Project are maintained and provided. In
the event that DEVELOPER desires to modify any easement relating to any portion of the System
after installation, then DEVELOPER must obtain CGS'S advance written consent to any easement
modification, such consent not to be unreasonably withheld, and DEVELOPER shall reimburse
CGS for design, materials, construction and other costs associated with any relocation of the
System and shall provide reasonably acceptable substitute easements.
2.3 Installation Schedule. CGS agrees to cooperate with DEVELOPER with
respect to the construction of the System and to use commercially reasonable efforts to minimize
interference with DEVELOPER'S construction of the Project. If so requested, CGS shall furnish
System plans, excepting any proprietary information, to DEVELOPER. DEVELOPER agrees to
establish and reasonably manage a Project construction schedule that provides CGS with
reasonably sufficient time and access to construct the System within the Project.
2.4 Ownership of Gas Distribution System. The components of the System
located on the supply side of each gas meter (and including each such meter) shall remain the
exclusive property of CGS at all times during and following the expiration or earlier termination
of this Agreement. CGS'S operation of the System is not governed by the terms of this Agreement;
rather, CGS shall operate the System in accordance with the City of Clearwater's Code of
Ordinances, City policy and the requirements of applicable regulations and law. In the event the
Project is not completed and /or the gas facilities and service are for any reason abandoned by
DEVELOPER or its successors, and the System, or any part thereof, is no longer required to serve
the Project, CGS may at its election remove readily removable, non - essential components of the
System, purge and cap any components to be left in place, and restore any disrupted surface areas
of the Project.
3. Gas Appliance Requirements. In recognition of the substantial investment made
by CGS in constructing the System, DEVELOPER agrees to require builders within the Project to
construct at least eighty percent f 80 %) of the homes in the Project with an energy efficient
gas furnace, gas water heater, and gas piping to the gas range and gas dryer locations ( "Gas
Compliant Residences "). In consideration of DEVELOPER constructing the Gas Compliant
Residences, DEVELOPER will be entitled to an Energy Conservation Allowance as defined and
provided for in paragraph 4. DEVELOPER agrees that each "MODEL" residence in the Project
will be a Gas Compliant Residence. Further, DEVELOPER agrees to make a reasonable effort to
utilize natural gas and natural gas appliances and equipment in common areas of the Project such
as community club houses, community fitness centers, community pools, street lamps, and central
water heating systems. Additionally, DEVELOPER agrees to make a reasonable effort to require
natural gas for any commercial portions of the Project where economically feasible and as
applicable.
4. Energy Conservation Allowance. DEVELOPER shall be entitled to Energy
Conservation Allowance payments for each home constructed in the Project that meets the
requirements of CGS's Energy Conservation Program (the "Program "), as may be amended from
time to time by the Clearwater City Council. A summary of the allowance payments presently
allowed under the Program is attached hereto as Exhibit "C ". In the event the Clearwater City
Council rules or otherwise determines that the energy conservation allowance payments referenced
above, or any portion thereof, may not be recovered by CGS through the Energy Conservation
Adjustment, or that the entitlements under the Program shall be changed, then CGS's obligation
to thereafter make said allowance payments will be bound by such City Council directive and, as
such, said allowance payments shall be adjusted to conform to such Council directive or terminate,
as applicable, upon completion of construction of any homes then under construction in the Project
(which homes shall remain eligible for allowance payments without such adjustment). During the
term of this Agreement, CGS shall have the right to inspect, upon advance reasonable notice to the
owner thereof, any residence for which a claim for an allowance has been made, at reasonable
times and upon notice to DEVELOPER and the applicable landowner. DEVELOPER shall be
entitled to the Energy Conservation Allowance upon verification that the requirements of each Gas
Compliant Residence have been met and a Certificate of Occupancy has been issued for that Gas
Compliant Residence.
5. Insurance Requirements for City /CGS: The City /CGS shall, at its own cost and
expense, acquire and maintain during the term with the Developer, through self - insurance,
insurance, and /or excess insurance, sufficient insurance to adequately protect the respective
interest of the parties. Purchased insurance coverage shall be obtained with a carrier having an
AM Best Rating of A -VII or better.
Specifically the City /CGS must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including products /completed
operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage, including property damage liability
and bodily injury liability, for any owned, non- owned, hired or borrowed automobile is
required in the minimum amount of $1,000,000 (one million dollars) combined single limit.
c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance coverage
in accordance with the laws of the State of Florida, and Employer's Liability Insurance in
the minimum amount of $100,000 (one hundred thousand dollars) each employee each
accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000
(five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of
the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be
applicable to employees and volunteers, if any.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for City /CGS:
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy's renewal date(s) for as long as this Agreement remains in effect, the
City /CGS will furnish the Developer with a Letter of Self- Insurance (SIGNED by the Risk
Manager), and /or Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED
by the Issuer) evidencing all of the coverage set forth. Developer understands that Developer
will not be named as an "Additional Insured" on any of City /CGS coverages. When requested
in writing from the Developer, City /CGS will provide the Developer with certified copies of
all applicable policies. The address where such certificates and certified policies shall be sent
or delivered is as follows:
NNP- Bexley, LLC
777 S. Harbour Island Blvd. Suite 320
Tampa, FL 33602
b. City /CGS shall provide thirty (30) days written notice of any cancellation, non - renewal,
termination, material change or reduction in coverage.
c. City /CGS's insurance as outlined above shall be primary and non - contributory coverage for
City /CGS's negligence.
d. To the extent permitted by Florida Statute 768.28, CGS hereby agrees to indemnify, defend
and hold harmless DEVELOPER, its officers, directors, and employees ( "Indemnified Parties ")
from and against all third -party claims, actions or suits, for direct damages, resulting from and
to the extent of CGS'S negligence in construction of the System; provided, however, that such
obligation shall not apply unless the CGS is given prompt written notice of the claim and sole
control of its defense and /or settlement. Notwithstanding anything contained herein to the
contrary, this indemnification provision shall not be construed as a waiver of any immunity to
which City is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida
Statutes. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or
in any way affecting any defense City may have under § 768.28, Florida Statutes or as consent
to be sued by third parties.
e. City /CGS reserves the right to appoint legal counsel to provide for City /CGS's defense for any
and all claims that may arise related to this Agreement, work performed under this Agreement,
or to City /CGS's design, equipment, or service. City /CGS agrees that the Developer shall not
be liable to reimburse City/CGS for any legal fees or costs as a result of City/CGS providing
its defense as contemplated herein.
Developer's failure to request evidence of this insurance shall not be construed by the
City /CGS as a waiver of City /CGS's obligation to provide the insurance coverage specified.
6. Insurance Requirements for Developer: The Developer shall, at its own cost and expense,
acquire and maintain, and use commercially reasonable efforts to cause its contractors and
subcontractors performing work in the vicinity of the System to acquire and maintain, during the
term with the City, sufficient insurance to adequately protect the respective interest of the parties.
Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In
addition, the City has the right to review the Developer's deductible or self - insured retention.
Specifically the Developer must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including products /completed
operations, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage, including property damage liability
and bodily injury liability, for any owned, non - owned, hired or borrowed automobile is
required in the minimum amount of $1,000,000 (one million dollars) combined single limit.
c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance coverage
in accordance with the laws of the State of Florida, and Employer's Liability Insurance in
the minimum amount of $100,000 (one hundred thousand dollars) each employee each
accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000
(five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of
the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen's and Harbor Worker's Act coverage, if applicable.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions for Developer:
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy's renewal date(s) for as long as this Agreement remains in effect, the
Developer will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an "Additional Insured" on all policies
excluding Workers' Compensation. In addition when requested in writing from the City,
Developer will provide the City with certified copies of all applicable policies. The address
where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Clearwater Gas System
P.O. Box 4748
Clearwater, FL 33758 -4748
b. Developer shall provide thirty (30) days written notice of any cancellation, non- renewal,
termination, material change or reduction in coverage.
c. Developer's insurance as outlined above shall be primary and non - contributory coverage for
Developer's negligence.
d. Developer reserves the right to appoint legal counsel to provide for Developer's defense for
any and all claims that may arise related to this Agreement, work performed under this
Agreement, or to Developer's design, equipment, or service. Developer agrees that the
City /CGS shall not be liable to reimburse Developer for any legal fees or costs as a result of
Developer providing its defense as contemplated herein.
e. Developer shall defend, indemnify, save and hold the City /CGS, its employees, officers, or
directors harmless from any and all claims, suits, judgments and liability, including legal fees,
court costs, or other legal expenses, for death, personal injury, bodily injury, or property
damage, arising directly or indirectly as a result of Developer's activities; except, for such
claims of, or damages resulting from, gross negligence, or willful, wanton or intentional
misconduct of the City /CGS or its employees, officers, or directors or for statutory violation or
punitive damages, except and to the extent the statutory violation or punitive damages are
caused by, or result from, the acts or omissions of the Developer or any of the Developer's
employees, sub - developers, contractors, subcontractors, sub - subcontractors, materialmen,
representatives, or agents.
The stipulated limits of coverage above shall not be construed by Developer, or any of the
Developer's employees, sub - developers, contractors, subcontractors, sub - subcontractors,
materialmen, representatives, or agents as a limitation of any potential liability to the
City /CGS, and failure to request evidence of this insurance shall not be construed as a waiver
of Developer's or any sub - developers', contractors', subcontractors', sub - subcontractors',
materialmen's, representatives', or agents' obligation to provide the insurance coverage
specified.
7. Force Majeure. Neither CGS nor DEVELOPER shall be liable to the other for any
failure to perform pursuant to the terms and conditions of this Agreement to the extent such
performance is prevented by an event of Force Majeure. The term "Force Majeure" shall mean
causes not within the control of the party whose performance is affected, including without
limitation, Acts of God, strikes, lockouts, acts of the public enemy, wars, insurrection, riots,
epidemics, landslides, sinkholes, lightning, earthquakes, fires, storms, flood, washouts, explosions,
breakage or non - foreseeable accidents to machinery or pipe lines, and which in each of the above
cases, such party is unable to prevent or overcome by the exercise of due diligence utilizing
commercially reasonable efforts, procedures and processes. The party whose performance is
excused by an event of Force Majeure shall promptly notify the other party of such occurrence and
its estimated duration, shall promptly remedy such event of Force Majeure, if and to the extent
reasonably possible, and thereafter resume such performance as soon as possible.
8. Notices. Any and all notices sent pursuant to this Agreement shall be sent by either
electronic mail, telecopy transmission (with receipt confirmation), U.S. mail, postage prepaid,
return requested, or by receipted overnight national delivery service (e.g., Federal Express), and
shall, if not sooner received, be deemed received three (3) business days after deposit in the United
States Mail, or one business day after telecopy transmission or receipt by any national delivery
service. All notices shall be addressed to each party at the address listed below unless and until
such time as a party notifies the other in accordance with this Section of a change in address:
"CGS" "DEVELOPER"
Clearwater Gas System
Managing Director
400 N. Myrtle Ave
Clearwater, FL 33755
NNP- Bexley, LLC
777 S. Harbour Island Blvd. Suite 320
Tampa, FL 33602
9. Duration. The term of this Agreement (the "Term ") shall commence upon the
Effective Date and continue until the earlier of (a) issuance of certificates of occupancy for the
residences constructed upon all of the platted residential lots located within the Project, or (b) the
tenth (10th) anniversary of the date of this Agreement. Notwithstanding any expiration or other
termination of this Agreement, CGS shall remain obligated to make energy construction allowance
payments, having properly accrued, to DEVELOPER as provided in Section 4 hereof.
10. Failure to Meet the Minimum. DEVELOPER acknowledges that CGS is making a
substantial investment in installing the System as provided in this Agreement. In the event
DEVELOPER fails to cause builders to construct at least eighty percent ( 80% ) of the
residences (419 residences) of the Project as Gas Compliant Residences, CGS will suffer
substantial damages that will be difficult to ascertain. DEVELOPER therefore agrees to pay to
CGS liquidated damages as set forth below to partially compensate CGS for DEVELOPER'S
failure to meet its obligation hereunder. Accordingly, if the DEVELOPER fails to cause to be
completed the minimum percentage of the Gas Compliant Residences during the Term of this
Agreement; then, DEVELOPER shall pay to CGS liquidated damages in the amount of eight
hundred and fifty Dollars ($ 850.00) for each residence below the minimum eighty percent
f 80 %) requirement.
11. Remedies and Limitations. In the event of a breach of this Agreement, the non -
breaching party shall, except to the extent expressly limited by the terms of this Agreement, have
all rights and remedies available at law and at equity against the breaching party.
12. Assignment. This Agreement shall bind and inure to the benefit of the parties and
their respective successors and permitted assigns. Any assignment of this Agreement by either
party shall require the prior written consent of the other party, which consent shall not be
unreasonably withheld, except as provided herein. CGS agrees that Developer may assign its
interest hereunder, by one or more assignments, in whole or in part, to another entity owned or
controlled by Developer or to other builders or developers of any or all of the land upon which the
Project is to be developed; provided, however, that Developer will give CGS prior written notice
of the name of the person or entity to whom such assignment is being made and the legal
description of the land with respect to which such assignment will apply, which notice may at
Developer's option (notwithstanding the notice provisions hereof) be given by email (each an
"Assignment Notice "). The Developer agrees to cooperate with CGS in having such builders
and /or developers assume Developer's rights and obligations under this Agreement; provided,
however, that Developer shall not be relieved of any of its obligations hereunder until such
assumption is memorialized pursuant to an assignment and assumption agreement (each an
"Assignment Agreement ").
13. Miscellaneous. This Agreement shall be subject to all applicable laws, rules,
orders, permits, and regulations of any federal, state, or local governmental authority having
jurisdiction over the parties, their facilities, or the transactions contemplated. This Agreement shall
be interpreted and construed in accordance with the laws of the State of Florida. The parties hereby
voluntarily, knowingly, and intentionally, WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY in any
legal action or proceeding arising under or in connection with this Agreement. In the event of litigation
between the parties hereto arising out of or in connection with this Agreement, each party shall
bear its own attorneys' fees and costs. This Agreement constitutes the entire understanding and
agreement between the parties and supersedes any and all prior negotiations, understandings or
agreements. Except as provided above, this Agreement shall be binding upon, and shall inure to
the benefit of the parties hereto, and their respective successors and assigns. This Agreement may
be amended, modified or extended only by a written instrument signed by both parties. No failure
to exercise, delay in exercising, or single or partial exercise of any right, power or remedy by either
party shall constitute a waiver of, or shall preclude any other or further exercise of, the same or
any other right, power or remedy. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any provision
of this Agreement or the application thereof to any party hereto or circumstance is prohibited by
or invalid under applicable law, that provision shall be effective only to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement or the application of the same. This Agreement may be executed in
any number of counterparts, and all the counterparts taken together shall be deemed to constitute
one (1) and the same instrument. The captions, headings, titles, and subtitles herein are inserted
for convenience of reference only and are to be ignored in any construction of the provisions of
this Agreement. Any exhibit attached to this Agreement is incorporated by reference herein.
Nothing contained herein shall be construed as a joint venture, partnership or any other similar
relationship between CGS and DEVELOPER. Nothing in this Agreement shall be construed as
creating any rights, benefits or interests in a person or group that is not a party to this Agreement.
[Signatures begin on following page]
IN WITNESS WHEREOF, the parties hereto have caused this DEVELOPER Agreement
(Natural Gas) to be signed by their respective duly authorized officers as of the date first above
written.
Approved and accepted by:
CITY OF CLEARWATER, FLORIDA
By:
Charles S. Warrington,
Gas System Managing Director
Countersigned:
—C €&9((tf■Cr C\ttA$
George N. Cretekos
Mayor
Approved as to form:
1
Assistant City Attorney
Agreed to and accepted by:
NNP- Bexley, LLC, a Florida limited liability
company
By:
Th as J. Panasen esident
CITY OF CLEARWATER, FLORIDA
By:
Attest:
.11aw17ff
William B. Horne II
City Manager
,k PJtr)iu2A. (t. (7 4.1-4_
Rosemarie Call
City Clerk
EXHIBIT A
Legal Description of Project
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LEGAL DESCRIPTION
7109
A par of land lying in Secs 7&16-20,T26S.R�� Pasco Co, FL, & being more par desc as fol:
Com at the SW cor of said Sec 16, said pt also ying on the Efy bdry of Ballantrae Vill 5, accdg to the plat
thereof as rec in P8 52, Pgs 30-49, int, of the Pub Rec of Pasco Co, FL; th alg the W bdry of said Sec 16, also
being said Ely bdry of5olantraeVU/5. NOO"2214"E.47�45'toe[ton the Sly nw bdry of former Seaboard
Coast Line RR, now abandoned, said pt also being the NEly car of said Ballantrae Vill 5 for a PCB; th aig said
Sly r/w bdry, & the NEly bdry of said Ballantrae Vill 5, & also the Nly bdry of Ballantrae Vill 6, accdg to the plat
thereof agnsomPB53.Pgo1-1O. inc, of the Pub Reoof Pasco cuFLthefo[3
co, FL, courses: (1)570"23441N,
1.G15.8TtoapTmnacurv; (2)VVly,250 38' alg the arc ofo cur 10 the right hovga rad of5,78Q.58`&acentral
angle ofO2^28'4[7' (chord bearg871"37^21'W, 25U34');(3)372"52'10'W,Q31.4O`boaptpn the E bdry ofthe
NW% of the aforesaid Sec 20, said pt also being the NWly cor of said Ballantrae Vill 6; th alg said E bdry of the
NVV%cf Sec 2O.NO0"28'O6"E.125.88'tuepton the N/yrlw bdry of said former Seaboard Coast Line RR; bh
alg said Nly bdry, O72"53`071V. 1.930.40'; th SOD"28'05'W. 92.31'; th a|g a line lying 32' N of and parael
withe aforesaid Sly r/w bdry of former Seaboard Coast Line RR, also being the N|y bdry of Suncoast Pointe
VU|n2A.2B^&3.accdQto the plat thereof asmec PB68'Pgo31'38, inc, nf the Pub Ronof Pasco Co, FL,
872^53'07VV, 835.32' to a pt on the E Bdry of the aforesaid Sec 19; th alg said E bdry of Sec 19,
SOO"3822`W. 33.59'hoa pt of the aforesaid Sly r/* bdry of former Seaboard Coast Line RR, said pi atso being
the NVVly nor of the aforesaid Suncoast Ponta Vills 2A, 2B. & 3; th /dg said Sly rlv bdry the fol 2 courses:
(1)872"53"41`W, 3,020 39'; (2)372"51'13'W.1.346.12'boopton the Ely Ltd Access RAN line ofGR589.per
FL Dept of Transportation RyVV Sec K4op#Q714O.23U1; th alg said Ely Ltd Access RIW Line. the fol 11 courses:
(1)ND5"43'13''N( 4,778.57'; (2) N55°28'08"E, 456.51'; (3)N09"1748`VV. 320.83'; (4)S81"16'01"N( 380.59`
(5)N05^4313n8/ 853.8I to a pt of curv; (6) Nly, 2,325.72' alg the arc of a cury to the right havg a rad of
22,718.31`& a central angle of 05"51'5S" (chord bearg NO2°47'15'W. 2,324.71'); (7) N76"53'33"E. 637.42';
(8)N15"31'45'W, 218.40/, (9)N76"25'34W,805.3Ey;(10)N89^35'01`W, 175';(11)thNO0"24'59°E. 1.192.32';
~vdata/znxz109_ewmv04 Page 1 of 4
857,18'45"E, 2.78299'; th 667°1601"E. 49.78'; th 657"1607~E. 345.93'; th 4251', th
803^22'19rE. 44.79'; th 8O0"48'37"E. 11772'; th 607"20'08"VV 148.77"; th 809"30.27'W, 101.90'; th
618"23'48"W 114.14'; th 810"18'11"VV 68.14/; th 623=1532"VV 40.02'; th S32"04'18"VV 28I55'; th
625"15'33"W, 108.00'; th 606^57'47W, 48.15'; th 630"8714"VV 54.22'; th 837°51'28"VV 131.22' th
632~40'08''E, 30.49', th 881°20'11°E 183.95'; th N85339'10''E 201.94^; th 651,09'22"E. 161.30'; th
632°26'31"E. 63.29' th S41"00'19"E 116.85'; th 820°10'27"E, 173.06'; th S30"35/06"E^ 139.99'; th
S03"09'51'W, 80.66'; th S33"13'59"VV 47.84`; th 644"2712"VV 205 30'; th 662"2O'15"W, 119.37'; th
624"21 36W, 116.67'; th 23.44'; th 616°43'53"E, 2750'; th G11°10'38`VV 1OG3G` th
. 166.35';
628"1439~E, 76.75', thN77"42'21"E, 173.29'; th N83"2E'38'E. 82.31'; th 866p42'30"E. 4798', th S50°34'07'E,
25.41'; th S37~25'04"E. 131.85'| thS65°37'57"E 102.87'; th 850"14'12"E, 172.32'; th 641°23123"E, 71.50'; th
830p24'59"E. 81.66; th 623°05'40"E. 108.16; th 822"14'38"Ei 140 20'; th S03"30�9"W, 210i78'. th
616°11'39"VV 117.17'; th 829,12'48~E. 156.80'; th 885"4657"E. 228.04'; th N23"6658"E. 28.46; th
N21"07'53"E. 68.97`i th N0O"17'27'W 64.22'; th N25~59'58"E. 185.66'; th N33"22'46E. 110 60'; th
653°04'07"E, 16.65;dhN59°4644"E.34.51';1hS05"O6'40'V/,117.20'; thG08"1Q'13°E.4I4C';thG5Q"37'03"E.
126.59'; m 880"17°56"E. 107.85'; th S77°47'63"E. 39.75'; th N64°19'52"E, 2.083 22'; th 683"00'00'E. 289; th
641"55'23"E. 310.04'; th 625°28'48"E. 307'61'| th 657~39'51'E. 611.84'; th 817"11'08"E^ 316.90'; th
602"09'11"E, 263.16r; th 634"4530"E. 220.37'; th 658"0700"E^ 116.91'; th 629"57'38"E` 135,61'; th
857"13'08°E.372; th N89°22'39"E, 121 08';th657"44'23°E. 58.74'; th N87"03y04"E, 115,37';#hN52"32`26E.
4771',0l N75°68'10"E, 201.38'; th N85"55'00"E. 99,82'; th 662,3220^E. 99 69'; th 643°44'13"E, 269,36'; th
634"2054''E, 165.88', th 668°33'22"E. 33.26'; th 833°38'57''W, 253.66'; th 678"49'29'W. 195.11'; th
S00"4310O'W, 177.97'; th 840"19'11"E. 459.58'; th 670"23'38"VV 1`022.78' to the W bdry of the aforesaid
Sec 16; thGOO"22'14'W. 11S.17'tothe POB` TOG WI
a par of land lying in Sec 30, T288, R18E. Pasco Cu. FL, being more partic desc as fat:
Corn at the SE car of Sec 19.T2G8,B1RE. Pasco Co, FL; run thNDO"35'31"E,e|g the E bdry of said Sec 1Q.a
d|xdof86Q,75';thakJ the E. N, & W bdries of those lands desc in ORB 1969, Pg 1445 of t e Pub Rec of said
Pasco Co by the fat 4 courses (1)NOO"3672'`E,odintof1.QSQ.2O'tn the NE car of the 8E?{pf said Sec 19;
wpda«mznIrz7109_exmmu04
Page 2 of 4
(2) th a dist of1.40270too found concrete monument nn the 8 bdry nfSCLRRR.W;(3) th
672,53'46"W a dist of 3,020.44' alg said nw( (4) th departing said rlw S05"41'24''E. a dist of 5,129.33' to the
pOB;th cont 805"4i'24'E,1.S6lO1'boo POI w/the NnwufGR64— Par 1O8aarecin ORB 3814,pg1328of
the Pub Rec of said Pasco Co; th aig said nw, N65"12'22"E. a dist of457.O8'toa POC; th GE]y. 125-Di' alg the
arc of a cury concave Sly, havg a rad of 97' a central angle of73"5U'17"&o chord bearg877°52'3O"E,u dist of
118.G3'to the 8E car of said Par 1O8. said pt being lac on the N nkw line ofSR54 per SV of FL Rd Dept RAN
Map Qeot|on# 1457-250; th alg said RAN N05"1222'E, a dist of 176'66' to a PO/ w/the N r/vv of SR 54-
Par 108 as mec in ORB 3814, Pg 1328 of the Pub Rec of said Pasco Co; th alg said dvv the fol 2 courses:
(1)N85"12:22"E, a dist of 300.03' to a POC; (2) th NE|y.8.51' alg the arc of a cur concave 8|y, havg a rad of
5.779.58'. a central angle of 00"06'04''& a chord bearg N65"22'23'"E. a dist of 8.51' to a P0 with*? N r/vw of
SR 54 - Par 112 Part B, as rec in ORB 4110, Pg 942 of the Pub Rec of said Pasco Co; th aig said r/w the fol
2 courses: (1)N24"41u0'W a dist of 12.37'; (2) th N65°1536'E a dist of 36.17' to a POI w8he N r/vv of
8R54- Par iY2 Part Amunenin ORB 411O,PgA42cf the Pub Rec of said Pasco Cc; th alg said r/w the fo|
11 courses: (1) ND0"312Ma dist of 215.96'; (2) N24~46'521/V, a dist of 49.58', (3) 565'09'22V, a dist of
28.85'; (4) N24"50'2EyVV, a dist of 66.82'; (5) N65°07'53"E, a dist of 28.87'; (6) N24 ` for 172.33y;
(7) N48°12'49"E for 81.45'; (8) N41"41'03~VVa dist cf35'; (9) N48"25'0O"E for 89.O7'; (1084i"3A14.Eadist
nf27.32|(1i)N38"36'O2"Ea dist of85.82'hne POI w/the E bdry cf said lands des in ORB 1969 Pg14u5;th
NO2"24'20'W, alg said E bdry, a dist of 654.73'; Uh8B7"35/31'Wm dist of1.17O.B8' to the POB AND
A par of land lying in Secs 19 & 30, T26S, R18E, Pasco Co, FL, being more part desc as fa!:
Corn ad the GE car of Sec 1Q.T2G8.R18E. Pasco Co, FL; run thMOJ"35'S1`^E. alg the E bdry of said Sec 1Q.0
dist ofG68.7S'to the POB; th alg the E.N`&VVbdhaucf those lands des in ORB 1S68.Pg1445.uf the Pub
Rec of Pasco Co, FL by the tot 4 courses: (1) W0J^36'12'E, a dist of 1.999.20' to the NE con of the SE%nf
said Sec 1A,(2)NQ0"35`48"E.e dist of1.4O2.7O'toe found concrete monument on the 8 bdry of8CLRRR/N/.
(3)G72^53'461V. a dist of 3,020.44' alg said n/w. (4) SO6,41'24"E` a dist of 5,129.33'; th departing said bdD/.
N87"35'31"E. 1,170.88' to a POI w/the E bdry of said lands des in ORB 1969. PG 1445; th alg said E bdry by
the fol 2 courses: (1)NO2"2428'W. a dist of 2,543 51', (2) N89"59'26"E. a dist of1.279.57'¢/ the PCB AND
°poam*om7109_ex*mm0
Page 3 of 4
7109
the N 88' of a par of a former 120' Seaboard Coast Line RR RJW lying in the NW'/ of Sec 20, T26S, R18E,
Pasco Ca, FL, & being more partic desc as fol:
Corn at the NW cor of Sec 20, T265, R18E, Pasco Ca, FL, & run th S89 °12'32 "E, 2,633.49' alg the N bdry of
the NWY4 of said Sec 20 to the NE car thereof; th S00 °28'06 "W, 326.42' alg the E bdry of the NW% of said
Sec 20 to a pt on the Nly bdry of the former 120' Seaboard Coast Line RR RAN for a POB; th continue
S00 °28'06'"W, 92.31'; th S72 °53`07 'W, 1,930.40', alg a line 88' Sly of as measured at right angles from the Nly
120' Seaboard Coast Line RR RAN Line; th N00 °28'06 "E, 92,31' alg the E bdry of prop as desc in ORB 5369,
Pg 708, Pub Rec of Pasco Co, FL; th N72 °53'07' 1E, 1930.40' aig said Nly 120' Seaboard coast Line RR R/W
Line to the POB, Secs 07, 1620, & 30, T26S, R18E, Pasco Co, FL.
wpdata/zn /rz7409_exhibiI04 Page 4 of 4
Return to:
Chuck Lane
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, Fl. 33758 -4748
PASCO COUNTY Parcel I. D. No.
EXHIBIT B
Easement
GAS MAIN & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) in hand paid, the receipt and
sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, NNP- Bexley,
LLC, a Delaware limited liability company, whose post office address is 777 S. Harbour Island Blvd. Suite
320, Tampa Florida 33602 ( "Grantor ") does hereby grant and convey to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation ( "Grantee "), and its successors and assigns, a non - exclusive,
limited purpose easement over, under and across the following described land lying and being situate in
the County of Pasco, State of Florida, to wit:
As more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made
a part hereof ( "Easement Premises ")
This non - exclusive easement is for gas main and appurtenant utilities ( "Service Facilities ") installation and
maintenance only. Grantee shall have the right to enter upon the Easement Premises to construct, install, maintain and
reconstruct the Service Facilities located therein, and to inspect and alter same from time to time. Grantee shall be solely
responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein.
Grantee covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's facilities at all
times during the exercise of rights granted herein for Grantor, and Grantor's guests and invitees, and that Grantee shall
promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of
any project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date
Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue
the completion of all work related to this project and complete all matter in a timely manner.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title in and to the herein described
Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and
that Grantee shall have the non - exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this
easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not
inconsistent with the easement rights granted herein.
Grantee, to the extent permitted by Florida Statute 768.28, agrees to indemnify and hold harmless Grantor from
and against claims, demands, actions, judgments, injuries, damages, costs and expenses, including attorney's fees, and
court costs, resulting from or related to Grantee's or Grantee's employees, agents and /or invitees use or occupation of the
Easement Premises. However, nothing contained herein shall be construed to waive or modify the provisions of Florida
Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be
construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement.
In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the Service Facilities
constructed within the Easement Premises to facilitate further development or redevelopment of the property encumbered
hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee (which consent shall not
be unreasonably withheld), shall provide an alternate easement for Grantee's Service Facilities, and shall at Grantor's sole
cost and expense reconstruct the Service Facilities within the alternate easement. Upon completion of the Service Facilities
relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of
Pasco County, Florida.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted
herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties,
or by abandonment of the Easement Premises by Grantee.
n IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this ( C7iay
ofAcdll. 2015.
Signed, sealed and delivered
In the presence of:
n
Il e11UJ(A
WITNESS signature
Cori A. Bowden
Print Witness Name
ITNESS signature
rint i ness Name
STATE OF fl. Of2-tY44
COUNTY OF 4 t LLS' (( e-0 . ss
Bv:
Print name
Vice President
By:
Print name
Before me, the undersigned authority, personally appeared T POwtas a earl 4Je.6 y who executed
the foregoing instrument, who acknowledged the execution thereof to be their free act and deed for the use and purposes
herein set forth, and who [)(1 are personally known to me, or who [ I produced as
identification.
My commission expires:
Notary Public - State of Florida
Cori A. Bowden
Type /Print Name
a y CORI BOWOEN
Notary Public - State of Florida
My Comm. Expires Jun 18. 2018
Commission N FF 134058
EXHIBIT B1
[Here insert descriptions of platted road rights of way]
EXHIBIT C
Energy Conservation Allowance Plan
CGS agrees to pay to DEVELOPER an energy conservation allowance for each residence constructed
within the Project and that has qualified for payment based on following installation schedule ( "Energy
Conservation Allowance "):
Energy Efficient Gas Central Home Heating System
Energy Efficient Gas Tank Water Heater
Energy Efficient Gas Tankless Water Heater
Energy Efficient Pilotless Gas Range
Energy Efficient Gas Dryer
$ 500.00
$ 450.00
$ 550.00
$ 150.00
$ 100.00
The total maximum energy conservation amount payable on each
Home that conforms to the schedule above up to: $1750.00*
*(depending on choice of water heaters and if home heating system is included)
A request for payment of Allowance shall be submitted to CGS within 90 days of issuance of the
certificate of occupancy for each applicable qualified residence. DEVELOPER shall submit such
written requests in the form and manner reasonably prescribed by CGS. Any request for an Energy
Conservation Allowance payment that is submitted after 180 days following the issuance of a certificate
of occupancy for a particular residence may not be honored.