MUTUAL USE AGREEMENT (2)TBW Project: Cypress Creek Transmission Mains
TBW Parcel No.: 4501.05P and 32' Cypress Creek Main Easement
Section 20, Township 26 S, Range 18 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
(Reserved for Clerk of Court)
THIS MUTUAL USE AGREEMENT entered into this AS day ofe4V1
2016, 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 "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 32 foot wide Water Main
Transmission Easement in and upon that certain real property more particularly described
in the Quit Claim Deed as recorded in Official Records Book 4086 at Page 576 of the
public records of Pasco County, Florida and a 50 foot wide Permanent Pipeline Easement
in and upon that certain real property more particularly described in the easement
document as recorded in Official Records Book 5556 at page 659 of the public records of
Pasco County, Florida (collectively, the "Tampa Bay Water Easement ").
B. TAMPA BAY WATER operates, and maintains its Cypress Creek Transmission
Main 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 6"
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.
GM14- 2064 - 048/162011/1 1
NOW THEREFORE, for and in consideration of the premises and the sum of Ten 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 cross below TAMPA BAY WATER's transmission main with a
minimum of 36 inches of vertical separation.
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
GM14- 2064 - 048/162011/1 2
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 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 and its subcontractors working on
behalf of 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 and GAS 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; before canceling or changing the coverage of the required
coverages under this Agreement.
f. All subcontractors working on behalf of GAS name GAS as additional insureds under
their policies.
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.
GM14- 2064 - 048/162011/1 3
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.
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. To the extent permitted by Section 768.28, Florida
Statutes and without waiving its sovereign immunity, TAMPA BAY WATER shall protect,
defend, indemnify and hold GAS and its officers, employees and agents harmless from and against
any and all liabilities, claims, losses, negligent act, error, or omission by TAMPA BAY WATER,
its subcontractors, agents or employees, arising out of or incidental to the performance of this
Agreement. TAMPA BAY WATER's obligation to indemnify GAS pursuant to this Section 10
is limited by TAMPA BAY WATER's right to sovereign immunity, which right is expressly not
waived by TAMPA BAY WATER, 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
GM14- 2064 - 048/162011/1 4
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 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:
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
5
With a copy to:
With a copy to:
Mr. Ed Davis
Infrastructure Manager
2575 Enterprise Road,
Clearwater, Florida 33763 -1102
General Counsel
Tampa Bay Water
2575 Enterprise Road
Clearwater, FL 33763 -1102
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.
0M14- 2064 - 048/162011/1 6
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
f It n C rt 43$
W dLIA 61.6-44Au 4-
George N. Cretekos, Mayor William B. Horne II, City Manager
APPROVED AS TO FORM: ATTEST:
aky,,)/1/(1), )taultaA it.- 64-g_
Laura Mahony, Assistant City ttorney Rosemarie Call, City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
2016, By . That he /she is personally known to me or has produced
as identification and has/has not taken an oath.
By:
Notary Public
My Commission Expires: Print Name:
GM14- 2064 - 048/162011/1 7
WITNESS:
Witne
Bv:
TAMPA BAY WATER, A REGIONAL
WATER SUPPLY AUTHORITY
Print Na
Matthew Jor t t , General Manager
-\)4\v±;‘) /9//
witin4 L1 7� i
Print Nameek l(e L. ,f--61,(4.
APPROVED AS TO FORM
GENERAL COUNSEL
STATE OF FLORIDA
COUNTY OF PINELLAS
The for.. oing instrument was acknowledged before me this \ \ day of
i 51 2-
01 Matthew Jordan, as General Manager of Tampa Bay Water, on
behal of Tampa Bay Water. He is personally known to me or has produced
as identification and did /did not take an oath.
Notary P + blic, State of Florida
Print Na
\� • G Z
My Commission Expires:
t. i ' EN A. GOELZ
** Notary Public, State of Florida
s.ase, Commission No FF 213205
My Commission Expires. 03/24/19
T: \Planning & Projects \Brigham \Real Estate \BEXLEY \MUA to cross TBW at Tower Road Proposed
Revisions Clearwater Gas - Final.docx
GM14- 2064 - 048/162011/1 8
1
SKETCH OF DESCRIPTION
PARCEL 1
EXHIBIT A
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Drawing No. 60684001
Job No. 60684
Date: 09/06/2016
SHEET 1 OF 4
See Sheet 2 for Description
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LINE TABLE
LINE
BEARING
LENGTH
L1
N72'52'10 "E
4.00'
L2
N17'07'42 "W
32.00'
L3
N72'52'10 "E
10.00'
L4
S17'07'42 "E
32.00'
L5
S72 °52'10 "W
10.00'
THIS IS NOT A SURVEY.
NOT VALID WITHOUT SHEET 1 THROUGH 4
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SOUTHEASTERN SURVEYING
AND MAPPING CORPORATION
10770 North 46th Street, Suite C -300
Tampa, Florida 33617
(813) 898 -2711
Certification Number LB2108
e— mail: www.southeasternsurveying.com
SCHEDULE "A"
EXHIBIT A
DESCRIPTION: OF MUTUAL USE AREA #1
A portion of Tower Road, Bexley South Parcel 4 Phase 1 according to Plat
thereof as recorded in Plat Book 72, Pages 74 through 103 of the Public
Records of Pasco County, Florida being more particularly, described as follows:
Commence at Northeast corner of Tract A, Ballantrae Village 6 according to
Plat thereof as recorded in Plat Book 53, Pages 1 through 10 of the Public
Records of Pasco County, Florida; thence North 72 °52'10" East, a distance of
4.00 feet along the South right of way line of Tower Road per Bexley South
Parcel 4 Phase 1 as recorded in Plat Book 72, Pages 74 through 103 of the
Public Records of Pasco County, Florida to the POINT OF BEGINNING; thence
departing said South right of way line, North 17 °07'42" West, a distance of
32.00 feet to a line 32.00 feet North of and parallel with said South right of
way line; thence North 72°52'10" East, a distance of 10.00 feet along said
parallel line; thence departing said parallel line, South 1707'42" East, a
distance of 32.00 feet to a point on the aforesaid South right of way line;
thence South 72 °52'10" West, a distance of 10.00 feet along said South right
of way line to the POINT OF BEGINNING.
Containing 320 square feet, more or less.
SURVEYOR'S REPORT:
1. Bearings shown hereon are based on South right of way line of Tower Road, Bexley South Parcel 4 Phase 1
according to Plat thereof as recorded in Plat Book 72, Pages 74 through 103 of the Public Records of
Pasco County, Florida being N72 °52'10 "E.
2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the
best of my knowledge and belief as recently drawn under my direction and that it meets the Standards of
Practice for Land Surveying Chapter 5J -17 requirements.
Description
Date:
09/06/2016 S.S.
FOR
Clearwater Gas System
City of Clearwater
Job Number:
60684
Scale:
1" = 100'
Chapter 5J -17, Florida
Administrative Code requires
that a legal description drawing
bear the notation that
THIS IS NOT A SURVEY.
REVISED: 09/09/2016 S.S.
SHEET 2 OF 4
SEE SHEET 1 FOR SKETCH
Certification Number LB2108
60684001
SOUTHEASTERN SURVEYING
AND MAPPING CORPORATION
10770 North 46th Street, Suite C -300
Tampa, Florida 3 617
(8 -27
ails www. aste rQ' rveying.cem
CHARLES. M. ARNIFTT
Registered land Surveyor
Number 6884
I /
SKETCH OF DESCRIPTION 1
PARCEL 2 I
EXHIBIT A
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CURVE TABLE
CURVE
LENGTH
RADIUS
CENTRAL
ANGLE
CHORD
BEARING
CHORD
DISTANCE
Cl
137.16'
579.00'
12'58'46"
S11439'44 "E
130.88'
C2
16.09'
40.00'
23'02'44"
N06'37'45 "W
15.98'
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Drawing No. 60684002
Job No. 60684
Date: 09/06/2016
SHEET 3 OF 4
See Sheet 4 for Description
6
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LANARK
DRIVE
600K
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DETAIL A
NOT TO SCALE
L
WESTERLY RIGHT
OF WAY LINE
29,
o
C2
24
L5
LINE TABLE
LINE
BEARING
LENGTH
L1
S72'52'10 "W
3.44'
L2
N17'04'44 "W
50.00'
L3
N72'52'10 "E
10.00'
L4
S17'04'44 "E
50.00'
L5
S72 °52'10 "W
6.56'
THIS IS NOT A SURVEY.
NOT VALID WITHOUT SHEET 1 THROUGH 4
MMMM
rr' anor -i _lam_ \
SOUTHEASTERN SURVEYING
AND MAPPING CORPORATION
10770 North 46th Street, Suite C -300
Tampa, Florida 33617
(813) 898 -2711
Certification Number LB2108
e— mail: www.southeasternsurveying.com
SCHEDULE "A"
EXHIBIT A
DESCRIPTION: OF MUTUAL USE AREA #2,
A portion of Tract B -7 and
according to Plat thereof as
the Public Records of Pasco
follows:
Ballantrae Boulevard, Bexley South Parcel 4 Phase 1
recorded in Plat Book 72, Pages 74 through 103 of
County, Florida being more particularly, described as
Begin at the Southeast corner of Tract B -7, Bexley South Parcel 4 Phase 1
according to Plat thereof as recorded in Plat Book 72, Pages 74 through 103 of
the Public Records of Pasco County, Florida, also being a point on the North
right of way line of Tower Road per said Plat; thence South 72°52'10" West, a
distance of 3.44 feet along said North right of way line; thence departing said
North right of way line, North 1704'44" West, a distance of 50.00 feet to a line
50.00 feet North of and parallel with said North right of way line; thence North
72°52'10" East, a distance of 10.00 feet along said parallel line; thence departing
said parallel line, South 17 °04'44" East, a distance of 50.00 feet to a point on
the aforesaid North right of way line; thence South 72°52'10" West, a distance of
6.56 feet along said North right of way line to the POINT OF BEGINNING.
Containing 500 square feet, more or less.
SURVEYOR'S REPORT:
1. Bearings shown hereon are based on North right of way line of Tower Road, Bexley South Parcel 4 Phase 1
according to Plat thereof as recorded in Plat Book 72, Pages 74 through 103 of the Public Records of
Pasco County, Florida being S72'52'10 "W.
2. I hereby certify that the "Sketch of Description" of the above described property is true and correct to the
best of my knowledge and belief as recently drawn under my direction and that it meets the Standards of
Practice for Land Surveying Chapter 5J -17 requirements.
Description
Date:
09/06/2016 S.S.
FOR
Clearwater Gas System
City of Clearwater
Job Number:
60684
I Scale:
1" = 100'
Chapter 5J -17, Florida
Administrative Code requires
that a legal description drawing
bear the notation that
THIS IS NOT A SURVEY.
REVISED: 09/09/2016 S.S.
SHEET 4 OF 4
SEE SHEET 4 FOR SKETCH
Certification Number LB2108 60684002
r �.,y�ti.,.J IA Z-
SIR ! L
S UTi-IEASTERN SURVEYING
AND MAPPING CORPORATION
10770 North 46th Street, Suite C -300
Tampa, Florida 3 17
(81 8-27
aili www. aste Q' rveying.coi.i
CHARLES M. ARNEPT
Registered Lund Surveyor
umber 6884