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DUKE ENERGY FLORIDA LLC (2)‘11) DUKE ENERGY SEC: 09 TWP: 29S RGE: 16E COUNTY: PINELLAS PROJECT: 44844948 Del Oro Park GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33758-4748 SITE ADDRESS: 401 N MCMULLEN BOOTH RD., CLEARWATER A Portion of TAX PARCEL NUMBER: 09-29-16-00000-340-0100 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, ("GRANTEE"), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described "Easement Area" within GRANTOR'S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: See legal description on the accompanying Exhibit "A" attached hereto and incorporated herein by this reference. This easement will be replaced with a Descriptive Easement, 5.00 feet on either side of all facilities installed by GRANTEE, as will be shown on a certified surveyed sketch and legal description to be provided by GRANTOR within ninety (90) days after notification from GRANTEE that the installation of facilities has been completed by GRANTEE. If the certified sketch and legal description are not provided by GRANTOR within ninety (90) days after completion of installation, GRANTEE will record this easement. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Prepared By: Manny R. Vilaret, Esquire Vilaret Law, PLLC 10901 Danka Circle, Suite C St. Petersburg, Florida 33716 Return To: Duke Energy Attn: Land Services 2166 Palmetto Street (CW ENG) Clearwater, FL 33765 Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are for the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE's facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR's premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE's facilities by GRANTOR or by GRANTOR' s agents or employees. Nothing contained herein, however, 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 GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper of cers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of � , 2022. Countersigned: Frank Hibbard, Mayor Approved as to form: Laura Mahony Assistant City Attorney STATE OF GRANTOR: 'cola'''. "1L Vf►t+ By: COUNTY OF_ s,s2 Jon Jennings, City Manager Attest: Rosemarie Call, City Clerk The foregoing instrument was acknowledged before me by .means of l p ysical presence or 0 online thl eery B�cCw notarization, this "ilday j-i�.k td , 2022, b t.:y� and Jon Jennings, the Mayor and City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is personally known to me or who has produced as identification. [Notary Seal] Tammy . C Cummings 2 s mm Expires: Jan. 3, 2026 =-..44,61, O t% Notary Public- State of Florida -) "Wity Notary Pub Name typed, printed or stamped My Commission Expires: Jam 3 , Exhibit "A" The East Four Hundred Ninety (49"0) feet of the South onehunded (100) feet of the North four hundred sixty-seven and twenty-three hundredths (467.23) feet of the West Six Hundred Sixty (660) feet of the Northwast quarterNWt) of the Southeast Quarter (SE) of the Southwest Quarter (SWt) and ALSO the South Two Hundred (200) feet more or less of the Northwest Quarter (NW) of the Southeast Cuarter (SEf) of the Southwest Quarter (SWk) of Section Nine (9) Township Twenty-nine (29) South Range Sixteen (16) East, and furtherdeacribed as follows: The East 490 feet of the following described tract: Beginning at the Northwest corner of the Southeast Quarter (SE}) of the Southwest Quarter (SWi) of bection 9 Township 29 South Range 16 East, and :un thence South 0011'00" West along the acre line 367.23 feet for point of beginning, thence South 0 11.'©0" Wgst 100 feet, thence South 89°26'13" East 660.0 feet thence North 01911'00" Bast 100 feet thence North 89°26'13" West 660 feet to point of beginning and also Begin at the Northwest corner of the Southeast Quarter (SE}) of the Southwest quarter (SWe) of said Section, and run thence South 0°11'00" West along the 40 acre line four hundred sixty-seven and twenty-three hundredths (467.23) feet for point of beginning from the point of beginning thus established run South 0°11'00" West Two Hundred (200 feet more or Less to the South wst corner of the North half (N j of the Southeast Quarter (SEt) of the Southwest Quarter (SW } of said Section, thence South 89°26'13" Bast six hundred sixty (660) feet, thence North 0°11'00" Bast two hundred (200) feet, thence North 89"26'13" West six hundred sixty (660) feet to the point of beginning