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ENCROACHMENT AGREEMENTThis Instrument Prepared By and Return To: Right -of -Way Department/Amy Powell Florida Gas Transmission Company 2301 Lucien Way, Suite 200 Maitland, Florida 32751 Project No.: 25-498 Tract No.: FLBZS-PASC-017 ENCROACHMENT AGREEMENT THM ENCROA HMENT AGREEMENT ("Agreement") is made and entered into this M day of itca ' , 2026, by and between FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company ("FGT'), with principal offices at 1300 Main Street, Houston, Texas 77002, and, CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("CLEARWATER"), whose address is P.O. Box 4748, Clearwater, Florida 33758. WITNESSETH THAT: WHEREAS, FGT is the owner and holder of an easement under the provisions of that certain Easement Grant dated June 3, 1998, recorded in Book 3950, Page 289, Official Public Records of Pasco County, Florida; and that certain Agreement dated April 20, 1999, (collectively, "EasementAgreement"), covering lands located in, among others, Section 26, Township 26 South, Range 16 East, Pasco County, Florida as described in the Easement Agreement ("Lands"); and WHEREAS, CLEARWATER shall be responsible for obtaining the necessary permits and/or easements across that portion of the Lands described in Exhibit "B" attached hereto and made a part hereof for all purposes ("Owned Premises") for Pipeline Facilities; WHEREAS, pursuantto the authority contained in the Easement Agreement, FGT has constructed and currently operates and maintains a sixteen -inch (16") natural gas pipeline and related surface and subsurface appurtenances, (collectively, the "Pipeline Facilities"), across and through the Lands; and WHEREAS, CLEARWATER seeks consent to install one (1), two inch (2") PE gas distribution main above the pipeline via open trench crossing the FGT thirty-foot (30') easement ("Easement Area") and the Pipeline Facilities as depicted on Exhibit "C" attached hereto and made a part hereof ("Encroachment"), pursuant to the terms and provisions of this Agreement; and WHEREAS, CLEARWATER has been advised by FGT that FGT is a natural gas transmission company and that FGT operates a high pressure underground natural gas Pipeline Facilities through the Owned Premises; and WHEREAS, CLEARWATER has requested written consent from FGT to install, construct, maintain, use, operate, repair, replace and enjoy the Encroachment upon a portion of the Easement Area and in close proximity to the Pipeline Facilities; and WHEREAS, FGT is willing to grant such consent upon the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this Encroachment Agreement, FGT and CLEARWATER agree as follows: 1. To the extent that FGT has the right to do so, FGT hereby grants consent to CLEARWATER to install, construct, maintain, use, operate, repair, replace and enjoy the Encroachment on the Owned Premises and the Easement Area, and in close proximity to the Pipeline Facilities, subject to compliance with the following terms and conditions: A. CLEARWATER hereby assumes all risks for damages, injuries, or loss to either property or persons, caused by, or arising out of, or resulting from, or in any way associated with the installation, construction, use, maintenance, repair or replacement of the Encroachment, except to the extent such damages, inju ries, or loss are caused solely by the gross negligence or willful misconduct of FGT. Project No. 25498 Tract No. FLBZS-PASC-017 B. The consent granted herein is limited exclusively to the proposed Encroachment upon the Owned Premises within the Easement Area. CLEARWATER shall notalter the grade or permit such alteration anywhere on the EasementArea without the prior express written consent of FGT, which consent shall not be unreasonably withheld, conditioned, or delayed. C. CLEARWATER shall at all times conduct all activities on the Easement Area in such a manner as not to unreasonably interfere with or impede the operation and maintenance of the Pipeline Facilities, as conducted in the past, present or future, in any manner whatsoever. D. Except as to the Encroachment, CLEARWATER shall not construct, plant or create additional improvements of any kind, including but not limited to, fences, sheds, irrigation or drainage systems, utilities other than the Encroachment, decking, pole barns, parking lots, roadways, pools, ponds, trees or sh ru bs with in the confines of th a Easement Area without the prior express written consent of FGT. E. CLEARWATER understands and agrees that FGT may not have the authority to grant CLEARWATER permission to construct the Encroachment in the Easement Area. This Agreement merely defines the terms by wh ich FGT will not object, and that CLEARWATER will obtain permission for the En croach ment from the underlying fee owner of the Lands or third parties having an interest in the Owned Premises. The consentgranted by this instrumentshall notconstitute or be construed as a subordination, merger, assignment, conveyance or relinquishment of any of the right, title and interest of FGT under the provisions of the Easement Agreement. 2. CLEARWATER agrees that the Encroach ment an d any additional approved improvements constructed or installed in the Easement Area shall be constructed in accordance with the Engineering and Construction Specifications detailed in Exhibit"A" attached hereto and made a part hereof. Installation, construction, maintenance, repair and replacement of the Encroachment shall be the sole responsibility, and performed at the sole cost and expense of CLEARWATER. 3. CLEARWATER agrees to indemnify, protect, and hold harmless FGT, its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives, and agents (hereinafter "FGT Entities") from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost or expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, to the extent caused by CLEARWATER or its employees, contractors, representatives or agents, or to the extent arising out of, or resulting from, or associated with CLEARWATER's installation, construction, use, maintenance, repair or replacement of the Encroachment, except where such loss, cost, liability, or expense was solely caused by the gross negligence or willful misconduct of FGT or the FGT Entities, its employees, agents, or contractors. In addition, except where such loss, cost, liability, or expense was solely caused by the gross negligence or willful misconduct of FGT or the FGT Entities, its employees, agents, or contractors, CLEARWATER agrees to indemnify, defend and hold harmless FGT and the FGT Entities from and againstany liability, damage, claims, loss, cause of action, suit, proceeding, judgment, cost (including the cost or expense of environmental response, removal or remediation activities), fees or expense, including reasonable attorney's fees, to the extent arising from: (a) CLEARWATER's non- compliance with any laws, regulations and orders applicable to the ownership or the operation and maintenance of the Encroachment on the Owned Premises and the Easement Area described herein, and (b) any incidents, acts, releases, negligence, transactions or omissions, or conditions on or affecting the Easement Area to the extent caused by, arising out of, resulting from, or associated with CLEARWATER's installation, construction, use, maintenance, repair or replacement of the En croach ment to the extent that such installation, construction, use, maintenance, repair or replacement of the Encroachment would (i) contribute to or constitute a violation of any local, state or federal environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to clean up or otherwise remedy or remediate a condition, (iii) give rise to 2 Project No. 25-498 Tract No. FLBZS-PASC-017 any lien, liability, injunction, order, restriction, claim, expense, damage, fine or penalty, (iv) adversely affect human health or the environment at or near the Easement Area, or (v) constitute a violation of the terms of this Encroachment Agreement Nothing contained herein is intended to serve as a waiver by CLEARWATER of its sovereign immunity, to extend the liability of CLEARWATER beyond the limits of Section 768.28, Florida Statutes, or to be construed as consent by CLEARWATER to be sued by third parties. 4. CLEARWATER shall take reasonable steps to protect the Pipeline Facilities at all times during CLEARWATER's performance of any work associated with the Encroachment including maintaining a minimum of three feet (3') of cover over the subsurface Pipeline Facilities at all times. 5. FGT agrees that the Encroachment is critical infrastructure to CLEARWATER's operations. Should FGT need CLEARWATER to temporarily remove or relocate any of the Encroachment within the Easement Area in order for FGT to construct, maintain, operate, repair, remove, replace or resize the Pipeline Facilities, CLEARWATER shall pay the cost of removing and replacing or reinstalling the Encroachment. In addition, all repair and maintenance work performed by FGT on its existing or additional Pipeline Facilities located on the Easement Area, shall be performed in a reasonable workmanlike man nerand FGT shall restore the surface and grade of Owned Premises where the work is performed, butshall notbe liableforloss, damage, orreplacementto the Encroachment or any equipment and facilities that exist within the EasementArearu n less such damage is caused solely by FGT or its agents' or employees' gross negligence or willful misconduct. 6. INTENTIONALLY OMITTED. 7. This Agreement in no way constitutes a waiver by FGT of its rights to enjoy the Easement Area unencumbered by the construction , operation, maintenance or use of the Encroachment within the Easement Area. 8. It is expressly agreed to by and between FGT and CLEARWATER that if CLEARWATER is in violation of any terms or conditions set forth in this Encroachment Agreement, CLEARWATER shall cu re su ch defau ltwith in sixty (60) days following receipt of written notice from FGT to CLEARWATER specifying the nature of the default. If, however, the nature of the default or violation is such that it cannot be cured within such sixty (60) day period, CLEARWATER shall have begun and be diligently pursuing the cure of such default within the sixty (60) day cure period. In the event that CLEARWATER fails to cure the default within the ninety (60) day cure period, (or in the event of a defaultnot capable of being cured within such sixty (60) day period, begun and diligently pursuethe cu re within the sixty (60) day period) following written notice of default from FGT to CLEARWATER, FGT may, following expiration of the sixty (60) day cure period terminate FGTs consent to the Encroachment upon ten (10) days' prior written notice to CLEARWATER. CLEARWATER expressly agrees that if FGT terminates its consent to the Encroachment based upon CLEARWATER'sfailureto cure a violation of the E n croach men t Agreemen t, CLEARWATER will continue to be bound by the terms of the EncroachmentAgreement and CLEARWATER shall immediately remove any and all of the Encroachment which may be situated on the Easement Area. If such violation by CLEARWATER constitutes or results in an emergency or a dangerous condition, FGT shall only be required to provide whatever prior notice is reasonable under the circumstances before exercising its rights cure the violation. The failure of FGT to exercise the option to terminate as to any such violation shall not constitute a waiver of FGTs future right to exercise such option as to the same or any future violation. The non -prevailing party agrees to pay the prevailing party's costs, including reasonable attorneys' fees and costs, arising outof the enforcementof the terms of the Encroachment Agreement. The remedies outlined herein are not exclusive and FGT and CLEARWATER do not waive any legal or equitable remedies. 9. The provisions of the Easement Agreement, and all rights, powers, privileges, and duties, obligations, and liabilities created thereby, shall remain in full force and effect 3 Project No. 25-498 Tract No. FLBZS-PASC-017 and are not affected hereby except to the extent and in the manner specifically and particularly set forth herein. 10. CLEARWATER and FGT stipu late and agree th at th e statements and information contained in the introductory paragraphs and recitations of this Agreement are true and correct and are incorporated herein by this reference. 11. This instrument and the covenants and agreements herein contained shall extend to and be binding upon CLEARWATER and the heirs, executors, personal representatives, successors and assigns of CLEARWATER and upon FGT and the successors and assigns of FGT and the benefits of this Agreement shall run with the land. This Encroachment Agreement may be executed in counterparts, each of which when conformed shall be an original and all of which together shall constitute a single docu ment. IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written. WITNESSES: Name: Kristin Duke AddreSS:2301 Lucien Way. Ste 200 Maitland, FL Name: AntvPowell AddreSS:2301 Lucien Wav, Ste 200 Maitland, FL STATE OF FLORIDA COUNTY OF ORANGE "FGT" FLORIDA GAS TRANSMISSION COMPANY, LLC By DAVID SHELLHOUSE VICE PRESIDENT ACKNOWLEDGEMENT The foregoing instrumentwas acknowledged before me by means of 0 physical presence or D on line notarization th is day of ,2026, by DAVID SHELLHOUSE, VICE PRESIDENT OF FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or has produced _ (type of identification) as identification. (S E A I) Countersigned: By: Bruce Re Mayor Approved as to form: Owen Kohler Interim City Attorney Notary Public Name (Printed): CITY OF CLEARWATER, FLORIDA Jennifer Poirrier City Manager Attest: 4 Rosemarie Call City Clerk Project No. 25-498 Tract No. FLBZS-PASC-017 EXHIBIT "A" Attached to and made a part of that certain ENCROACHMENT AGREEMENT Dated , 2026 By and between FLORIDA GAS TRANSMISSION COMPANY, LLC and CITY OF CLEARWATER, FLORIDA ENGINEERING AND CONSTRUCTION SPECIFICATIONS 1. No work can be done in FGT's easement prop erty unless FGT has reviewe d and approved the plans and an agreement in writing has been entered into between FGT and CLEARWATER. Any encroachment consented to by FGT shall not interfere with the operation, maintenance, and access ofFGT's pipeline facilities, including but not limited to, close interval surveys; leak detection surveys; pipeline patrol, pipeline marking and similar activities. 2. CLEARWATER shall provide a minimum of forty-eight (48) hours' notice to FGT prior to any installation, construction, excavation, or demolition work on the easement area. To ensure further safety, CLEARWATER must call appropriate ONE CALL for a locate by calling 811. An FGT representative must be present when any work is done on the easement area. The onsite FGT representative will have the authority to shutdown work by CLEARWATER if CLEARWATER's activities are judged to be unsafe by the FGT representative. The FGT representative will be invited to participate in CLEARWATER's safety meetings. This provision applies each time FGT's pipeline facilities are crossed. 3. Existing ground elevation is to be maintained. 4. For vehicles and/or construction equipment requesting approval to cross FGT's facilities, each crossing location will be reviewed on a case-by-case, site-specific basis and will require the surveyed elevation of the pipeline and/or facility verified by an FGT field representative to be performed by the party requesting the crossing encroachment and submitted to FGT. The execution of a wheel load calculation must be completed and approved by FGT prior to crossing FGT's facilities for every vehicle and/or construction equipment requesting to cross. FGT may require matting or other suitable material be installed to achieve the necessary support for such crossing. This too will be site specific and case -by-case only. 5. Where consent for roadway crossings has been granted, a minimum of forty-eight inches (48') of cover, including thirty-six (36") of undisturbed or compacted soil, shall be maintained within the easement area. All roads must cross the easement at a ninety degree (90°) angle. 6. Upon completion of paragraph 1, sidewalks, trails and bike paths may cross FGT's pipelines at a ninety degree (90°) angle provided the width does not exceed forty-eight inches (48"). 7. When crossing an FGT pipeline (via drill or open lay) CLEARWATER must visually verify the elevation of the pipeline both vertically and horizontally, by an FGT approved method such as vacuum excavation with an FGT field representative on-site at all times during this operation. When using directional drill method, a minimum vertical clearance of ten feet (10') from the pipeline is required across the entire easement. 8. Where the encroachment includes utilities, all such utilities crossing the easement area must have a minimum separation of twenty-four inches (24") between the utility and the FGT pipeline(s) at the point of crossing and must cross at a ninety degree (90°) angle. No utilities shall be constructed between the surface of the easement area and the top of the subsurface pipeline facilities unless agreed to in writing by FGT. No parallel utilities, structures, and/or appurtenances are p ermittedwithin the easement area. All proposed aerial crossings will be reviewed on a case-by-case basis. 9. Where consent for fiber optic, telephone and/or cable television lines has been granted, lines must be placed in a rigid non-metallic conduit across the entire easement width with bags of concrete -mix placed directly above and below the conduit across the confines of the easement. Orange warning burial tape must be placed a minimum of 18" directly above the cable across the width of the easement. Crossings must be clearly and permanently marked on each side of the easement with permanent identification. 10. Where consent for utility lines has been granted, electric lines must be encased in pvc or steel throughout the entire easement area. Cables energized to 600 volts or more must cross a minimum of three feet (3') below the subsurface pipeline facilities, and also be encased in concrete, color coded red, across the entire easement width, and have external, spiral wound, neutrals grounded on each side of the 5 Project No. 25-498 Tract No. FLBZS-PASC-017 easement. The cable crossing should be clearly and permanently marked on each side of the easement where permissible. 11. Where consent for fencing has been granted, CLEARWATER must install and maintain a vehicle access gate at least twelve feet (12') in width at each point in the fence line(s) crossing the easement area Posthole excavations for fencingplaced onthe easement area shall notbe greater than eighteen inches (18") below the ground surface elevation. No fence posts shall be placed over the pipeline facilities or closer than six feet (6') on either side of the pipeline facilities. Any exceptions will be determined by FGT management. Any such fence shall be constructed and maintained by CLEARWATER in such a manner that does not prevent FGT personnel from viewing the easement area from the ground level through the fence(s) (i.e. no solid fences allowed). No fencing parallel to the FGT pipeline facilities will be allowed within the easement area. FGT's access to its pipeline facilities shall be maintained by CLEARWA 1hR. If the gate is locked with CLEARWATER's lock, CLEARWATER shall provide FGT with keys or allow a FGT lock to enable access. 12. No retention ponds, ditches or swales shall be allowed within the easement area. 13. No roto -mixing or vibrating machinery is allowed within the easement area. 14. When conducting pile driving operations, CLEARWATER shall adhere to a minimum separation of twenty-five feet (25') from the outside edge of the FGT pipeline. 15. Excavations that expose the FGT pipeline must follow OSHA standards. Time will be allowed for a FGT representative to inspect and make coating repairs as the subsurface pipeline facilities are exposed. 16. Twelve inches (12") of backfill around the subsurface pipeline facilities shall be sand or clean fill; free of rocks and debris. 17. With prior approval, no more than twenty feet (20') of pipe shall be exposed at any given time; if more than twenty feet (20') of pipe is to be exposed, all Standard Operating Procedures (SOP) must be adhered to, pressure reductions must be scheduled at least one (1) year in advance and engineering stress calculations must be performed by FGT Engineering and approved by FGT management prior to allowing any more than the twenty feet (20') of exposed pipe. 18. With prior approval and an FGT representative on site at all times, excavation equipment equipped with toothless buckets may be allowed to dig or excavate within three (3) feet of the pipeline facilities. All other construction/excavation equipment will not be allowed to perform any excavation within three feet (3') of the pipeline facilities. All mechanical excavation performed within three feet (3') of the pipeline will be performed parallel to the pipeline (i.e. track -hoe may not reach over the pipeline to dig on the opposite side of the pipeline). 19. All excavation within twenty-four (24") from the top or thirty-six inches (36") from the side or bottom of the pipeline shall be by manual means. After top exposure, excavation up to twenty four inches (24") from the side or bottom of the exposed pipeline may proceed by mechanical means if the FGT representative is satisfied it may be done safely with the equipment and operator available. 20. Barriers adequate to prevent vehicular damage to any exposed pipeline facilities shall be installed and maintained at all times. 21. All FGT pipeline facilities, cathodic protection equipment, and test lead wires shall be protected from damage by construction activity at all times. 22. No installation, construction, excavation, or demolition work shall be performed within the easement area on weekends or holidays. 23. CLEARWATER shall provide and install temporary construction fence along the easement boundaries for the entire length of the proposed work area to preserve and protect the pipeline(s). The fence must be maintained for the duration of the development or construction activity. 24. Where consent for landscaping has been granted, CLEARWATER shall not plant shrubs on the easement area which are classified as "deep rooted" or are projected to exceed an eventual growth height of four (4) feet. Shrubs shall be planted so that no part, at its ultimate growth, shall be closer than ten feet (10') to the pipeline facilities. No trees shall be planted on the easement. 25. These Engineering and Construction Specifications may address activities on the easement area for which FGT has not granted consent to CLEARWATER to include as part of the encroachment Notwithstanding anything to the contrary contained in these Engineering and Construction Specifications, 6 Project No. 25-498 Tract No. FLBZS-PASC-017 FGT's consent is and shall be limited to the encroachment as described and limited by the Encroachment Agreement to which this Exhibit is attached. OPPERSPRING EXHIBIT "B" Attached to and made a part of that certain ENCROACHMENT AGREEMENT Dated , 2026 By and between FLORIDA GAS TRANSMISSION COMPANY, LLC and CITY OF CLEARWATER, FLORIDA DESCRIPTION OF THE OWNED PREMISES Section 26, Township 26 South, Range 16 East FAIRWAY SPRINGS LONGLEAF LlA ENS ANCLGTE SEVEN SPRINGS RIVER ACRES HUTAES VENICE ESTATES 41115 OF , SAN .OSE Starkey P Afild`di Wm -6W ARYANT 9t1UARg rr n re Ho3n ul *..1 Ivim Q RIVERSIDE ESTATES 'Is Cootic .es Iix Church T %IT • IN SI NATURES HIDEAWAY Du:tiaek Stelitouee the[7+apII ee 0 OAK RIDDE SASAL AT WYMDTREE RESERVE AT OAKRIDGE Ig Rrv1ERA } S CaminaY,aia-ro 0) THOUSAND OAKS EAST Fox Hollow Golf Club and Restaurant THE VILLAGES AT FOS HOLLOW THE HANPION5 `LU a Glade Mos 7 .» i i '.• 41* RI • f r W E Photonics Dr Trinity PROPOSED 5 -FOOT -WIDE GAS EASEMENT WITHIN PARCEL 27-26-16-0000-00100-00GOTO BE OBTAINED BY CLEARWATER SEPARATELY FROM THIS AGREEMENT Parcel I D#27 -26-16-0000-00100-00G0 30 -foot FGT easement within Parcel 26-26-16-0000-00100-00G0 Book 3950, Page 289 ID#26-26-16-0000-00100-00G0 Encroachment Area to cross the existing 30 -foot FGT , easement PROPOSED 5 -FOOT -WIDE GAS EASEMENT WITHIN PARCEL 26-26-16-0000-00100-00G0 TO BE OBTAINED BY CLEARWATER SEPARATELY FROM THIS AGREEMENT 100 S00 eet Ll 0-JSVd-SZEI 13 CGS ENERGY' 777 Wyk St Quirrater, IL 33755 LA CGS ENERGY PHOTONICS DR NATURAL GAS MAIN EXTENSION TRINITY, FLORIDA 34655 PER•Intletif.--- 17..- - -AP&CLOTI 'dela Uses TENICE ESTAT LH • HILLS Or - SAN -OHL - . r. 4 , . Seven SprOga. 4 'Alai Loma., , ‘ spitimis ., art Soe-:trtar 0 . 4 ' .9.8111Wey A. hATARA LAT 01101100E IVY FAA Amos S SYRICA HIDEAWAY arta Stedlactise tjje NA It RES tol ccheowy0 - :1'' W . e_• dynOTREE 1'. ' • 'MIME Al jr 1 Ivo - x vino ,• ' 1 , - TrIOUSAND . Trinity .... t Fe I -.dr 0A111EAStt, --- canarity.i.r. 0, 4 , FOX 141001Gdf • ' "I.._ .a4.24 -......- wyworttE ',Taira*, INCIALIAINI frig OW inU111 ---, , . . • . 1 opro-40 4 . ) .,•°.#1 1 Goods MOM 1J • AT 1•11•111LLOW N obi PROJECT LOCATION 7963 PHOTONICS DR DESCRIPTION AND DRAWINGS OF THE ENCROACHMENT 1181HX3 LI Cr-DSVd-SZEIll PLAN Section A—A Photonics Dr Facing North 320. DUKE ESA D. GRADE 30° FOT EMT • —=EMS �� SIMM J .. �i -- -- MUM MIMI 1=1111 0 41. MT CAS MM. MIIIIlop a• rr fan� �_�� RED Mona ST Woe -- gGTT 2/17/21 IC 2 PROFILE EX .FGT GAS MAIN PROPOSED GAS MAIN EXIS11NG GAS MAIN 0 0 LEGEND • — EX. GAS MAIN — • — PROP. GAS MAIN EX. FGT GAS MAIN mums moral= w WOW& OAS wnr [xroau Morn cow' n.oemm PLAN AND PRffILE DRA11MReraldo Hernandez Jr DATE13/10/2026 Photonics Dr sHEET 2 of 2