MUTUAL USE AGREEMENT (5) INSTR#2019036497 OR BK 9867 PG 3086 Page 1 of 10
03/05/2019 10:29 AM Rcpt:2033658 Rec:86.50 DS:0.00 IT:0.00
Paula S. O'Nei(, A.D., Pasco County CCerk&ComytroCCer
TBW Project: Cypress Creek 84"Transmission Main
TBW Parcel No.:4294.72—Non-Exclusive Perm Pipeline Easement
Section 27,Township 26 S,Range 17 East
Pasco County,Florida
Prepared by and return to:
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—� day of
2019, by and between TAMPA BAY WATER, .A Regional Water Supply .Authority, an .J
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 3777, Pages 1367 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 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.
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OR BK 9867 PG 3087 Page 2 of 10
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:
1
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
right to enter upon the Tampa Bay Water Easement for the purpose of correcting such condition
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OR BK 9867 PG 3088 Page 3 of 10
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.
Neither GAS nor its contractors shall claim an interest in any insurance settlement arising out of
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OR BK 9867 PG 3089 Page 4 of 10
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 J
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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OR BK 9867 PG 3090 Page 5 of 10
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
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OR BK 9867 PG 3091 Page 6 of 10
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 inequity.
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OR BK 9867 PG 3092 Page 7 of 10
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
-qeoC.-t�1�oS �-
George N. Cretekos,Mayor. William B. Horne II, City Manager
APPROVED AS TO FORM: ATTEST:
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Laura Mahony,Assistant Ci ttorney Rosemarie Call,City Clerk a
ffr�BtISKID�q�h
STATE OF FLOR A
COUNTY OF
The forego' g instrurn tt w ac o�6vledged before me this jo�_ day o1 Ji uq�
2019,B�K-T Z 7r-t7�S. That he/she is personally known tome or has prdd iced
as identification and has/has not taken an oath.
B -
Notary Public
My Commission Expires AbX O 0210-21 Print Name: L4
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GM14-2064-048/162011/1 7
OR BK 9867 PG 3093 Page 8 of 10
WITNESS: TAMPA BAY WATER, A REGIONAL
WATER SUPPLY AUTHORITY
By:
Signatu Matt Jordan
Its: General Manager
Print e
Date:
Signa
(SEAT,)
Print ame
APPROVED AS TO FORM:
arrie S.Buenaventura,
General Counsel
STATE OF FLORIDA
COUNTY
The.foregoing ins ent was acknowledged before me this day ofl—q%•. ,
2019,ByThat he/she i er=otaken
known to has produced
as identification and has/has an oath.
B � 1)
Notary ub 'c, State of Florida
Print Name: ' "► KAIWI
UOEr
�+�✓ C"Poblk,Stear of 116dil
My Commission Expire MYCu►nm "N°F>zrs2os
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GM14-2064-048/162011/1 8
OR BK 9867 PG 3094 Page 9 of 10
"EXHIBIT A"
SCHEDULE "A"
LEGAL DESCRIPTION OF MUTUAL USE AREA:
ALL THAT TRACT OR PARCEL OF LAND . LYING 1N SECTION 27, TOWNSHIP 26 SOUTH, RANGE 17
EAST, PASCO COUNTY, FLORIDA, BEING A PORTION OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 3777, PAGE 1367 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT C-1, STARKEY RANCH VILLAGE 2 PHASE 2B,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 76, PAGES 72 THROUGH 76 OF
THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE SOUTH 77041'15" WEST ALONG THE
SOUTH LINE OF SAID TRACT C-1, SAID LINE ALSO BEING THE SOUTH LINE OF LANDS DESCRIBED
IN OFFICIAL RECORDS BOOK 3777, PAGE 1367 OF THE PUBLIC RECORDS OF PASCO COUNTY,
FLORIDA, A DISTANCE OF 5.00 FEET TO A POINT; THENCE NORTH 11035'23" WEST ALONG A LINE 5
FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID TRACT C-1, A DISTANCE OF 29.90
FEET TO A POINT ON THE NORTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3777,
PAGE 1367 OF THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA, SAID POINT BEING ON A CURVE;
THENCE FROM A TANGENT BEARING OF NORTH 79°39'30" EAST, RUN 5:00 FEET IN AN EASTERLY
DIRECTION ALONG SAID NORTH LINE, ALONG THE ARC OF SAID CURVE, CONCAVE TO THE SOUTH,
HAVING A DELTA ANGLE OF 00002'56", A RADIUS OF 5854.59 FEET, A CHORD BEARING OF NORTH
79°40'58" EAST AND A CHORD LENGTH OF 5.00 FEET TO A POINT; THENCE SOUTH 11°3523" EAST
ALONG THE EAST LINE OF SAID TRACT C-1, A DISTANCE OF 29.73 FEET TO THE POINT OF
BEGINNING.
CONTAINING 149 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 AN ASSUMED DATUM WITH THE SOUTH LINE OF TRACT C-1, STARKEY RANCH
VILLAGE 2 PHASE 2B, AS RECORDED IN PLAT BOOK 76, PAGES 72 THROUGH 76 HAVING A BEARING OF SOUTH 77041'15" WEST.
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 1S NOT A SURVEY.
SEE SHEET 2 FOR SKETCH OF DESCRIPTION & CERTIFICATION SHEET I OF 2
DATE: 08/20/2018ev
�o
PROJECT NUMBER: 180065 FENCEPOST DRIVE F� "+'°'
zp
CRIBB PHILBECK WEAVER GROUP, INC.
DRAWN: D. HEATH ODESSA, FLORIDA 3918 N. HIGHLAND AVENUE, TAMPA, FLORIDA 33603
PHONE:(813)361-2644, FAX:(813)213-2469
PROFESSIONAL SURVEYOR& MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER:L88232
OR BK 9867 PG 3095 Page 10 of 10
i
SKETCH OF DESCRIPTION
1
ul
1
TRACT C-I
in FENCEPOST DRIVE
STARKEY RANCH
VILLAGE 2 PHASE 2B 1 W'� 1 64' RIGHT OF WAY PER
>z PLAT BOOK 75, PAGES 126-131
PLAT BOOK 76, 1 a t
PAGES 72-76 R=5854.59'
1 A=00°02'56"
1 L=5.OL7
NORTH LINE OF T=2.50'
LANDS DESCRIBED IN 1 CD=5.O0'
ORB 3777, PAGE 1367 CB=N79°40'58"E
TB = N79°39'30"E _
—1 EAST LINE OF 1
' 5 TRACT C-1
S 11 035'23"E
EXISTING EASEMENT PER NI1°35'23"W 29'73'
ORB 3777, PAGE 1367 29.90 1
USE AREA
AREA=149 SQUARE FEET f
POINT OF BEGINNING
'i SE CORNER OF TRACT C-1
S77°41'15"W 5.00'
SOUTH LINE OF
LANDS DESCRIBED
IN ORB 3777, PG 1367 &
SOUTH LINE OF TRACT C-1
LEGEND
CB = CHORD BEARING STATE ROAD 54
CD = CHORD DISTANCE
A = DELTA
L = LENGTH
ORB = OFFICIAL RECORDS BOOK
PG = PAGE SOUTHWEST QUARTER OF SECTION 27, o l0 20
R = RADIUS
T = TANGENT TOWNSHIP 26 SOUTH, RANGE 17 EAST
TB = TANGENT BEARINGSCALE: 1"=20'
SHEET 2 OF 2
SEE SHEET 1 FOR LEGAL DESCRIPTION AND GENERAL NOTES
I HEREBY CERTIFY THAT THIS DESCYi27,/ON AND SK6/.�H * CORRECT TO THE BEST OF MY
.Z'
KNOWLEDGE AND BELIEF. I FQ�T E Y,itlAF THIS CE6*,DESCRIPTION AND SKETCH MEETS
THE STANDARDS OF PRACTIC �SEZ H pTC*F=RIDA BOAt§.OF PROFESSIONAL SURVEYORS
AND MAPPERS IN CHAPTER 9L17,,F(ORIDA AMMN15Tq71VE O'&,PJIRSUANT TO CHAPTER 472 OF
THE FLORIDA STATUTES.SUSRCP-(Q�NOSES Af*NLITA 16 NS SROMN FIFREON.
REVISED EXISTING ORB AND PAGE JMS 12/27/2018 �.a : , --3z. - Izi—
REVISION BY DATE JEFFRS(AloSCHARTZ,PROFESS Y t7CkRSE NUMBER:L56618 DATE
DATE: 08/20!2018 `'°F ;;. c
PROJECT NUMBER: 180065 FENCEPOST DRIVE ._
CRIBB PHILBECK WEAVER GROUP, INC.
DRAWN- D. HEATH ODESSA, FLORIDA 3918 N. HIGHLAND AVENUE,TAMPA, FLORIDA 33603
PHONE:(813)361-2644, FAX:(613)223-2469
PROFESSIONAL SURVEYOR&MAPPER
CHECKED: J. SCHWARTZ BUSINESS LICENSE NUMBER:L88232