MUTUAL USE AGREEMENT (4) II 11111 VIII VIII Iliil 1111111111 VIII VIII VIII III!ILII
2018190387
Rcpt:2005105 Rec: 86,50
IT 0.00
TBW Project: Cypress Creek 84"Transmission Main DS. 0.0® Dpty Clark
Clearwater Gas Project:Sunlake Blvd.at Tower Road 11/09/2018 F' '
Section 15,Township 26 S,Range 18 East
Pasco County,Florida PAULA S.0'NEIL,Ph.D.PASCO CLERK & COMPTROLLER
11/09/2018 10:33am 1 of 10
Prepared by and return to: OR 8K RC'
Jonathan M.Kennedy,P.E.
Tampa Bay Water
2575 Enterprise Road
Clearwater,Florida 33763-1102 (Reserved for Clerk of Court)
MUTUAL USE AGREEMENT
THIS MUTUAL USE AGREEMENT entered into this 1St day of November , 2018,
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 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 5556, Pages 659 of the public records of Pasco
County, Florida ("Tampa Bay Water Easement").
B. TAMPA BAY WATER operates, and maintains its Cypress Creek 84"
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 the Tampa Bay Water Easement. GAS desires to
use a portion of the Tampa Bay Water Easement in order to design, construct, inspect,
operate, maintain, and repair a 6" polyethylene (PE) 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.
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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 install the GAS Facility under Tampa Bay Water's water main, while
maintaining a minimum vertical separation of 36-inches, measured from below the
outside edge of the Tampa Bay Water water main and the GAS Facility.
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
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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 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 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.
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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 marls 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
action to completion;
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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: Jacinta Garcia Corcoba
Drafting & Design Coordinator
400 N. Myrtle Avenue
Clearwater, FL 33755
With a copy to: City Attorney
112 S. Osceola Ave.
Clearwater, FL 33756-5103
If to TAMPA BAY WATER: Matt Jordan
General Manager
2575 Enterprise Road,
Clearwater, Florida 33763-1102
With a copy to: Jonathan M. Kennedy
Engineering Manager
2575 Enterprise Road,
Clearwater, Florida 33763-1102
5
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.
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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
-a t � at,03 By:y
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest: ,t
Laura Mahony Rosemarie Calls¢ ,fi
Assistant City Attorney City Clerk
its
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing instrument was acknowledged before me this day of
2018, ByThat he/she is personally known to me or has produced
((C� �7�I �rt
as identification and has/has not taken an oath.
JUDY ANN MARTIN
* *MY COMMISSION#FF 994850
Nr o� EXPIRES:May 22,2020
By: (Seal)
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NoLVy Put&, State of Florida
Print Name: lit d fiklr i l
My Commission Expires: m0tv 01d 10
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WITNESS: TAMPA BAY WATER, A REGIONAL
WATER SUPPLY AUTHORITY
... �` y:
Sign ture Matt Jord
Its: General Manager
Prin ami
Date:
Sig
(SEAL)
Print Name
APPROVED AS TO FORM:
CBarrie S. Buenaventura,
General Counsel
STATE OF FLORIDA
COUNTY OF PASCO
The foregoing instr ent was acknowledged before me this -. d� of ..0
2018, By That he/slis personally known to me of his produced
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as identification and has/lias not��enfaniloat
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Notary Pub`l�c, State of Florida
Print Name: k THLEEN
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"'� KATHLEEN A, OE
My Commission Expi ^" 4 ^?"4119 # Nota
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8
"EXHIBIT A"
SCHEDULE "A"
LEGAL DESCRIPTION OF MUTUAL USE AREA:
ALL THAT TRACT OR PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18
EAST, PASCO COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 26 SOUTH, RANGE 18 EAST,
PASCO COUNTY, FLORIDA, BEING A FOUND 4"X4" CONCRETE MONUMENT WITH NAIL AND DISK "PRM
LB6707"; THENCE NORTH 00°17'30" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 15, A DISTANCE OF 2702.53 FEET TO A POINT; THENCE SOUTH 89°42'30" EAST, A
DISTANCE OF 173.70 FEET TO THE POINT OF BEGINNING; THENCE NORTH 19°52'06" WEST, A
DISTANCE OF 13.83 FEET TO A POINT ON THE NORTH LINE OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 5556, PAGE 659 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE
NORTH 7002344" EAST ALONG SAID NORTH LINE, A DISTANCE OF 5.00 FEET TO A POINT; THENCE
SOUTH 19052'06" EAST, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH LINE OF LANDS
DESCRIBED IN OFFICIAL RECORDS BOOK 5556, PAGE 659 OF THE PUBLIC RECORDS OF PASCO
COUNTY, FLORIDA; THENCE SOUTH 7002344" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 5.00
FEET TO A POINT; THENCE NORTH 19052'06" WEST, A DISTANCE OF 36.17 FEET TO THE POINT OF
BEGINNING.
CONTAINING 250 SQUARE FEET, MORE OR LESS,
GENERAL NOTES:
1. THE PURPOSE OF THIS SKETCH IS TO DELINEATE THE DESCRIPTION ATTACHED HERETO, THIS DOES NOT REPRESENT A
BOUNDARY SURVEY.
2, THE BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM
OF 1983/2011 ADJUSTMENT (NAD83/11), WEST ZONE, WITH THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 26
SOUTH, RANGE 18 EAST HAVING A BEARING OF NORTH 00°17'30" EAST,
3. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS SKETCH
IS FOR INFORMATIONAL PURPOSES ONLY.
4, THIS SKETCH MAY HAVE BEEN REDUCED IN SIZE BY REPRODUCTION. THIS MUST BE CONSIDERED WHEN OBTAINING SCALED
DATA.
5, THIS SKETCH WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE REPORT. THE LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RIGHT OF WAYS, EASEMENTS, OWNERSHIPS OR OTHER INSTRUMENTS OF RECORD.
6. ALL RECORDING REFERENCES SHOWN ON THIS SKETCH REFER TO THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, UNLESS
OTHERWISE NOTED,
7. THIS SKETCH IS NOT A SURVEY.
SEE SHEET 2 FOR SKETCH OF DESCRIPTION & CERTIFICATION SHEET 1 OF 2
DATE: 03/09/2018 / cAilt{Yd�
y yq
PROJECT NUMBER: 180004 TOWER ROAD
CRIBB PHILBECK WEAVER GROUP, INC.
DRAWN: L. SCHWARTZ LAND O' LAKES, FLORIDA 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE:(813)361-2644, FAX:(813)223-2469
PROFESSIONAL SURVEYOR & MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER: LB8232
SKETCH OF DESCRIPTION
NORTH LINE OF WEST LINE OF LANDS
LANDS DESCRIBED IN DESCRIBED IN ORB 9654,
ORB 5556, PAGE 659 PAGE 1558
LEGEND i
CB = CHORD BEARING
CD = CHORD DISTANCE N70°23'44"E
� = DELTA 5.00'
L = LENGTH
ORB = OFFICIAL RECORDS BOOK i
R = RADIUS
N19°52'06"W 13.83' FOUND 1/2" IRON ROD & CAP
"GEOPOINT SURVEYING, INC.
LB 7768"
173,70'
589°42'30"E 183.00' S19°52'06"E 50,00' FOUND 1/2" IRON ROD & CAP
"GEOPOINT SURVEYING, INC.
POINT OF y. LB 7768"
BEGINNING R=35.00'
A=109'530 1"
USE AREA z L=67.12' /
AREA=250 SQUARE FEET + CD=57,30'
CB=554°39'01"E
WEST LINE OF THE a i
SOUTHWEST QUARTER
OF SECTION 15
Qi
O
N EXISTING 50' TAMPA BAY
WATER EASEMENT PER , N
W ORB 5556, PAGE 659 S70°23'44"W
M i 5.00' /
i
SOUTH LINE OF /
Q) LANDS DESCRIBED IN
z ORB 5556, PAGE 659
i
SOUTHWEST QUARTER OF SECTION 15,
TOWNSHIP 26 SOUTH, RANGE 18 EAST
POINT OF COMMENCEMENT
SW CORNER OF SECTION 15,
TOWNSHIP 26 SOUTH, RANGE 18 EAST 0 10 20
FOUND 4"X4" CONCRETE MONUMENT EXISTING 25' PASCO COUNTY
WITH NAIL & DISK "PRM LB6707" UTILITY EASEMENT PER
CERTIFIED CORNER RECORD 105358 ORB 5369, PAGE 691 SCALE: 1"=20'
SEE SHEET 1 FOR LEGAL DESCRIPTION AND GENERAL NOTES SHEET 2 OF 2
I HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION AND SKETCH IS CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS LEGAL DESCRIPTION AND SKETCH MEETS
THE STANDARDS OF PRACTICE,AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS IN CHAPTER 5J-l7, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472 OF
THE FLORIDA STATUTES.SUBJECT TO NOTES:AND NOTATIONSSHOWNHEREON,
ADDRESSED COMMENTS BY TAMPA BAY WATER DH 05-21-2018
REVISION BY =DATE I-1 S WARTZ,PROE'FSSIOAlAh S"bRVEYOR&MAPPER LICENSE NUMBER:L56618 DATE
DATE: 03/09/2018
PROJECT NUMBER: 180004 TOWER ROAD
, I �;. OR 88 PHILBECK WEAVER GROUP, INC.
DRAWN: L. SCHWARTZ LAND O LAKES, FLORIDA 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE: (813)361-2644, FAX:(813)223-2469
PROFESSIONAL SURVEYOR & MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER: LB8232