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
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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
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DRA11MReraldo Hernandez Jr
DATE13/10/2026
Photonics Dr
sHEET 2 of 2