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MHC COUNTRY PLACE LLCOFFICIAL RECORDS & LEGISLATIVE SERVICES PO BOX 4748 CLEARWATER, FL 33758-4748 Return to: Clearwater Gas System 777 Maple St. Clearwater, FL 33755 Parcel 1. D. No. 30-26-17-0000-00500-0000 INSTR# 2022240592 BK 10721PG 1403 11/09/2022 10:42am Rcpt: 2522387 DS: 0.70 Page 1 of 6 Rec: 52.50 IT: 0.00 Nikki Alvarez-Sowles, Esq. Pasco County Clerk & Comptroller GAS UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, MHC COUNTRY PLACE LLC, a Delaware limited liability company whose principal address is c/o Equity LifeStyle Properties, Inc. Two North Riverside Plaza, Suite 800, CHICAGO, IL 60606 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose mailing address is P.O. Box 4748 Clearwater, FL 33758-4748 ("Grantee"), a non-exclusive, gas utility easement over, under and across the following described land lying and being situate in the County of Pasco, State of Florida, to wit: The property located at 2601 Country Place Blvd., New Port Richey FL 34655 As more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof This easement is for natural gas distribution pipes and appurtenant facilities only. Clearwater Gas System, a component of the CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, reconstruct, install, and maintain therein the herein referenced natural gas transmission pipes, together with appurtenances thereto (collectively, "Facilities"), and to inspect and alter such Facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. Grantor and Grantee, for themselves, their heirs, successors, and assigns, agree as follows: 1. Grantor hereby grants to Grantee, its successors and assigns a non-exclusive five (5) feet easement (herein referred to as the "Easement Area"), in perpetuity on, over, under, across and through the Servient Property described in Exhibit "A", attached hereto, for the purpose of constructing, operating, inspecting and maintaining, underground conduit, pipes, facilities appurtenant equipment for the provision of natural gas as the same may be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the size of and remove such facilities or any of them within the Easement Area. In the event the Easement Area crosses any roadway, sidewalk or other impervious area, Grantor will require Grantee to perform installations and repairs without removing said surface improvement. This may require a directional bore or other contractor suggested and owner approved method. 2. The legal description on the accompanying Exhibit "A" attached hereto and incorporated herein by this reference, will be replaced with a Descriptive Easement, two and a half (2.5) feet on either side of all facilities installed/as-built by GRANTEE, as will be shown on a certified surveyed sketch and legal description to be provided by GRANTEE within sixty (60) days after the installation of facilities by GRANTEE. The easement will then be recorded in the public record with the Descriptive Easement attached as Exhibit "A". 3. Grantee by acceptance hereof, agrees to construct, repair, and maintain, at its sole cost and expense, the Facilities which shall comply with all applicable rules and regulations. In the event Grantee shall perform any construction, repairs, alteration, replacement, relocation or removal of any Facilities, Grantee shall thereafter restore any improvements, including landscaping and related irrigation, disturbed thereby to as near as practicable the condition which existed prior to such activities. 4. The Grantor shall have and retains the right to construct improvements on, maintain and utilize the Easement Area (including, but not limited to, the construction of driveways, parking areas, landscaping, [GM 15-2064-066/287267/1] GM 15-2064-066/257077/1 and related improvements) provided such construction does not unreasonably impair Grantee's access to the Easement Area or Grantee's ability to repair, replace and service the Facilities within the Easement Area. 5. Nothing herein shall create or be construed to create any rights in or for the benefit of the general public in or to the Easement Area. The nonexclusive easements granted herein shall be subject to any existing easements, rights of way, covenants, liens, and other encumbrances affecting the property. Grantee's gas facilities shall be installed in locations reasonably acceptable to Grantor, which do not interfere with Grantor's operations on its property. 6. This Easement shall not be changed, altered, or amended except as to the Descriptive Easement as contemplated in section 2, above, or by an instrument in writing executed by Grantor and Grantee or their respective successors and assigns; provided, however, that in the event Grantee shall abandon the use of the Easement Area, then Grantee shall, within a reasonable time thereafter, release and convey to Grantor or its successors and assigns all rights hereby granted pursuant to this Easement. 7. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon, and inuring to the benefit of Grantor or Grantee, as the case may be, and their respective successors and assigns. 8. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described Servient Parcel, 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. 9. Grantee agrees to submit construction drawings to Grantor for review and written approval prior to commencing any construction work in the easement area. Grantor will not unreasonably withhold or delay such approval. Grantee agrees to construct the improvements, at its sole cost and expense, in a good, workmanlike and timely manner in accordance with the final construction drawings approved by Grantor. Further, Grantee agrees, at its sole cost and expense, to maintain and repair such improvements at all times. Grantee shall, at its sole cost and expense: (a) comply with all applicable laws, ordinances, rules, regulations, and orders of any governmental authority, and (b) obtain any necessary governmental permits and/or approvals. 10. Grantee shall be solely responsible to pay all costs and fees arising from or related to the Easement or any of Grantee's rights or obligations hereunder, including without limitation all construction and maintenance costs. Following any work by Grantee in the easement area, Grantee shall return the surface of the property to substantially the same condition as existed prior to Grantee's work. 11. To the extent of the limitations of Florida Statute 768.28, Grantee, and its successors, grantees, and assigns, shall indemnify, defend and hold harmless Grantor and its directors, officers, shareholders, agents, employees, contractors, successors, grantees, and assigns, from and against any and all liabilities, obligations, losses, expenses (including reasonable attorneys' fees), claims, judgments, suits, or damages of any kind whatsoever, incident to or which may arise from or is alleged to arise in any manner from Grantee's negligence in the exercise of Grantee's rights under this easement or negligence related to the use of the Grantor's property by Grantee or its employees, agents, contractors or invitees. 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, or as a waiver of sovereign immunity. 12. During the term of this Agreement, Grantee shall self -insure or purchase and maintain insurance policies providing the types of coverage and limits of liability set forth below. Grantee warrants that such coverages are in place and are afforded by a carrier rated "excellent" or "A" or better by AM Best. These policies shall waive subrogation against Grantor and be primary to any of Grantor's insurance. Grantee shall provide Grantor with a certificate of insurance or a Letter of Self-insurance from its Risk Manager evidencing the above coverage upon the execution of this Agreement and upon each renewal of said [GM 15-2064-066/287267/1 ] GM 15-2064-066/257077/1 policies. These certificates shall state that coverage cannot be canceled or reduced until 30 days prior notice has been given to Grantor. Grantee agrees that the foregoing insurance coverage will not limit Grantee's responsibility to indemnify Grantor and hold it harmless as provided herein. Commercial General Liability, including premises and operations liability, contractual liability, personal injury liability, products and completed operations liability and broad form property damage liability, with limits of liability no less than $1,000,000 bodily injury and property damage combined per occurrence. Commercial Automobile Liability with limit of liability no less than $1,000,000 combined single limit. Workers' Compensation in compliance with state requirements and including at least $100,000 employer's liability. Grantee shall provide said Letter of Self-insurance to: Grantor, Equity LifeStyle Properties, Inc. and Realty Systems, Inc. Upon the execution of this Agreement and subsequently upon the renewal of coverage, Grantee shall provide Grantor with written proof of Self-insurance coverage in the form of a Letter of Self- insurance. 13. This easement shall not be changed or amended except by an instrument in writing executed by Grantor and Grantee or their respective successors and assigns; provided, however, that in the event Grantee shall abandon the use of the easement area, then Grantee shall, within a reasonable time thereafter, release and convey to Grantor or its successors and assigns all rights hereby granted pursuant to this easement. The Remainder of this Page Intentionally Left Blank [GM 15-2064-066/287267/1 ] GM 15-2064-066/257077/1 [INSERT SKETCH AND LEGAL DESCRIPTION] [TO BE REPLACED WITH AS -BUILT SURVEY AFTER INSTALLATION OF FACILITIES AND BEFORE RECORDING] aGULDtNIjERRACE CENTRAL • PAR AVENUE ARISTOCRAT TERRAEE COf.!m Ous. C6'�:"v1E4 C. XP9 75 PG 10 / rilih'Jr.126t.0?9 ! TRW- SQUARE CON-MEPCIAL'CU P1j✓ O5 PG 2:,82 30-26-17-0000 VLLAGE CENTERA COMMERCIA PB61 PG.119 SUBDIVISION [GM 15-2064-066/287267/11 GM 15-2064-066/257077/1 IN WITNESS WHEREOF, the undersigned Grantor has caused these presents to be duly executed this day of 2024. Signed, sealed, and delivered In the presence of: V°1 TNE'0Il sj„ SS sign t ure" ' 31\c c ChCcj-t&5 Print Witness Name c t fit' I to WITNESS signature Print Witness Name MHC COUN company B Y PLACE LLC, a Delaware limited liability Print NameT-DivAad Evevve44�u4(, Title: (Ar P Prov. dw✓r STATE OF no R ! D : : ss COUNTY OF !(LSAO uGif The foregoing instrument was acknowledged beforr a by mea s of j1i a hysl presence or ❑ online notarization, this a3 fey.a�ld�n,2003. (date) by%t eattft CILMname of member, manager, officer or agent, title dl"member, manager, officer or agent),of MHC COUNTRY PLACE LLC, a Delaware limited liability company, on behalf of the company, who is personally known to me or has produced as identification. [GM 15-2064-066/287267/1 ] SUSAN L. KOWAL MY COMMISSION # GG 911739 �`•' EXPIRES: October 12, 2023 Bonded Thru Notary Public Underwriters Exhibit "A" GM 15-2064-066/257077/1 nature of person taking ackn edgment ki)(4. a &. Name ty cc al �dr stamped r G� 9// 731 itle or rank Serial number, if any AFFIDAVIT OF NO LIENS STATE OF r'LoR4 DI : ss COUNTY OF �i L�L]SJQQ &1f Do Na f [: ? &Yf a �Q i vr— , (name of member, manager, officer or agent, title of member, manager, officer or ent), of MHC COUNTRY PLACE LLC, whom, being duly authorized does 9 9 depose and say: 1. That MHC COUNTRY PLACE LLC is the owner of legal and equitable title to the following described property located at 2601 Country Place Blvd., New Port Richey FL 34655 in Pasco County, Florida, to wit: As more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof 2. That said property is now in the possession of the record owner. 3. That there has been no labor performed or materials furnished on said property for which there are unpaid bills for labor or materials against said property, other than those which will be paid during the normal course of business, except: (list, or if none, insert "NONE". If no entry, it will be deemed that "NONE" has been entered.) t1VOJF 4. That there are no liens or encumbrances of any nature affecting the title of the property herein described, except leasehold tenancies, easements and restrictions of record, any encroachments, overlaps or other rights of third parties which would be shown by a current survey, except: (list, or if none, insert "NONE". If no entry, it will be deemed that "NONE" has been entered.) 5. That no written notice has been received for any public hearing regarding assessments for improvements by any government, and there are no unpaid assessments against the above- described property for improvements thereto by any government, whether or not said assessments appear of record. 6. That there are no outstanding sewer service charges or assessments payable to any government. 7. That the representations embraced herein have been requested by the CITY OF CLEARWATER, its agents, successors and assigns to rely thereon in connection with the granting of a gas utility easement to encumber the above-described property. [GM 15-2064-066/287267/1 ] GM 15-2064-066/257077/1 Signed, sealed, and delivered In the presence of: Print Witness Name WITNESS signature ,L/S749 /-M-€ 'L Print Witness Name STATE OFFLeROtt : : ss COUNTY OF/c. C./al/46W MHC COUNT company By: PLACE LLC, a Delaware limited liability Print Name: botvid vrf✓e ZA-1, Title: Vic The foregoing instrument was acknowledged before me by mea s of ph r�sical presence or El online notarization, this l3%:( �- 2624. (date) by L 5ciati C`�J after(/Cuff (name of member, manager, dfficer or agent, title of member, manager, officer or agent), of MHC COUNTRY PLACE LLC, a Delaware Limited Liability company, on behalf of the company, who is personally known to me or has produced as identification. oa SUSAN L. KOWAL MY COMMISSION # GG 911739 EXPIRES: October 12, 2023 Bonded Thru Notary Public Underwriters [GM 15-2064-066/287267/1 ] GM 15-2064-066/257077/1 ture of person taking ackno Iedgment (AIak41.5'` Name typed, printed or stamped r i 0 kl l NtiK. SS itle or rank GCT Q1/737 Serial number, if any •LF VIEW fiLLAS HCA Florida inity Hospital 2601 Country Place Blvd - Gas Easement 2601 Country Place Blvd - Parcel ID: 30-26-17-0000-00500-0000 SPRINGS SEVEN SPRINGS € GOLF & COUNTRY CLUB VILLAS A CONDOMINIUM felm Realtor 9 9 ""` Longleaf ,, Elementary School Foe Starkey Market wee`" 40b e, Longleaf 0009 ./ ELLINGTON ESTATES NORTH 9av_ .. Dreamers Cafe SIENNA WOODS b 0 K9 Adventures rini 0`" 9CirCIe K tuna 0i Egeriadrive 9 a tee" $ f 9 Starkey Blueberry Far Ternperarry &csed Crimson La Trinity'ITowers O 2601 Country PI Self/Storage Blvd, New ort Richey_. Jersey Mikes Subs Sandwich slop alI Outback Steakhouse 9 , ._)S1M house - Cunningham Park Starkey Rancho District Park Starkey Ranch K-8 School Air Hawk Heatrig and Cooling Pyramid Ix Poo pest Rd a .06409* Dream Homes of Trinity Trinity Club Apartments Q tlt 'y ra Space Stora 'ft ystra /*Trinity Exchange V Luxury Apartments FOX WOOD 7 -Eleven TinnityDog Park - cbeen ivy Fox Wood at Trinit} iiiir'ilifdiftdIrion Park 4a ®Hampton Inn Odessa Trinity Starkey Ranch 9 Wnmorec` Raapeland� © Whitfield Park b Culve-s Publix Super Market at P Shoppes at Trinity Lakes µms, E St Peter the,pori Catholic Ch irc RBTOCRAT TERRACE 0-20-17-0090 i D:30-26-17-0000-00500-001 /'yam s j30 20 n-007op TRINITY SQUARE COMMERCIAL CONDOrp .44,1104 0R 9365 PG 2382