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AMENDMENT TO SETTLEMENT STIPULATION /.(.'. " \, ./ Y :>',) . ( ( ,y . IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CITY OF CLEARWATER, FLORIDA Plaintiff, vs. Case No. 91-16681-20 ALLAN J. STOWELL, Defendant. / AMENDMENT TO SETILEMENT STIPULATION The Plaintiff, City of Clearwater, Florida' (hereinafter, "City"), and the Defendant, Allan J. Stowell (hereinafter, "Stowell"), on behalf of themselves, their successors and assigns, and their officers and employees, enter into this Settlement Agreement and state as follows: 1. This Amendment to Settlement Stipulation is entered into between the parties for the purpose of amending the Settlement Stipulation between them dated March 26, 1992 and it is agreed between the parties that this Stipulation may be recorded as an ~xhibit to a Second Amended Final Judgment and the parties do hereby stipulate to the Court entering such a judgment encompassing the terms of the original Settlement Stipulation and this Amendment to Settlement Stipulation. 2. In addition to the matters agreed upon to be performed by the parties in the Settlement Stipulation dated March 26, 1992, the parties do hereby further agree as follows: (a) The parties will execute and comply with the Agreement and Grant of Construction and Permanent Easement in the form attached hereto as Exhibit "A". (b) The City will access the Defendant's property for the purpose of using the easements granted under the terms of the Agreement and Grant of Construction and Permanent Easement of even date herewith to the Thornton Road access approved by the State of Florida Department of Environmental Protection. t (c) That the City will pay to the Defendant immediately upon the execution of this Stipulation all sums due under the Settlement Stipulation dated March 26, 1992 and all sums due under the term of this Amendment to Settlement Stipulation. The funds to be paid under the terms of this Amendment to Settlement Stipulation are in the amount of $24,594.00. (d) The City will adjust sewer charges previously billed to Defendant in the form of a credit against the Defendant's future sewer bills in a sum calculated to reimburse the Defendant for the cost of water used strictly for irrigation since the completion of the plumbing work on the Defendant's property, said adjustment shall be approximately in the sum of $500.00, but not to exceed the sum of $500.00. 3. The parties agree that any claims that Defendant may have regarding the waiver of sewer impact fees arising from easements previously obtained by the City on lands now belonging to the Defendant (which easements are more specifically described in paragraphs 2A, B, and C of the Agreement and Grant of Construction and Permanent Easement) shall not be resolved by this Amendment to Settlement Stipulation or by the litigation giving rise to this Stipulation but that both parties reserve their legal position and legal rights regarding such issue. 4. The parties agree that the Settlement Stipulation dated March 26, 1992 and this Amendment to Settlement Stipulation, along with the exhibits attached hereto'constitute the entire understanding between. the parties and that any and all prior understandings or agreements between the parties, whether oral or written, are merged into this Amendment. This Amendment to Settlement Stipulation, the Settlement Stipulation dated March 26, 1992, and the Mutual Release are intended to resolve any and all disputes or claims of the parties, excluding the claims described in paragraph 3 above, concerning the location, maintenance and repair of the City's sanitary sewer line located on Defendant's property. 5. The parties agree to execute a mutual release in the form attached hereto as Exhibit liB ". 2 ( { ,c\ 6. Paragraph 8 of the Settlement Stipulation dated March 26, 1992, is deleted and of no force or effect. 7. The parties stipulate that this Amendment to Settlement Stipulation shall be included in a Second Amended Final Judgment in the litigation settled herein. 8. This Amendment will be executed in its original form as well as three counterparts with original signatures. The original will be filed with the court, and any counterpart may be considered as an original for all 'purposes. 9. Each party shall bear its own attorney's fees and costs. 10. If a party to this Amendment institutes litigation to enforce the provisions of this Amendment to Settlement Stipulation, the Settlement Stipulation of March 26, 1992, the Final Judgment, the Amended Final Judgment, the Second Amended Final Judgment that will be issued as a result of this Amendment, the Mutual Release attached as Exhibit "B" hereto, and the Agreement and Grant of Construction and Permanent Easement (Exhibit "A" hereto), and it prevails in said litigation, it shall be entitled to a reasonable attorneys fees and costs incurred in said litigation, whether at the trial level or on appeal, from the other party. 11. The Settlement Stipulation dated March 26, 1992, to the extent it is not amended by this Amendment to Settlement Stipulation shall remain in full force and-effect. 12. This Amendment to Settlement Stipulation is contingent upon the signing of this Amendment and Exhibits "A" and "B" by the Defendant and the delivery of the same to the City's attorney on or before 5:00 p.m., August 8, 1994. If any of said documents are not signed before that time, this Amendment to Settlement Stipulation shall be void. 3 (' ( .-) IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the cU- <l day of August, 1994, which date represents the date upon which this Amendment was fully executed by both parties hereto. CITY OF CLEARWATER, FLORIDA El;;"~:'D~ City ger ATTEST: ~ [f' }3;:jJ-~\-- E. Gou.dcli~c' ~ ~ ,-,. ": -- erk #43534 '-~ 4 -" .. MUTUAL RELEASE FOR AND IN CONSIDERATION of the payment to ALLAN 1. STOWELL, at this time of the total sum of Fifty- Two Thousand Ninety-Four and 00/1 00 Dollars ($52,094.00), the receipt of which is hereby acknowledged, the undersigned, ALLAN 1. STOWELL, does hereby release, acquit, and forever discharge THE CITY OF CLEAR WATER, FLORIDA, a municipal corporation, its officers, servants, agents, employees, heirs, successors, and assigns (hereinafter collectively called Releasees), of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expense and compensatioQ on account or in any way growing out of any matter or thing from the beginning of time down to the date of these presence, and more particularly of and from any and all actions, causes of action, claims, demands damages, costs, loss of services, expense and compensation on account or in any way growing out of the location, maintenance, or repair of the portion of the East Plant South Interceptor sewer line by the City of Clearwater, which crosses property owned by ALLAN J. STOWELL, known as Lots 10, 11, and 12, William Brown's Subdivision of Bayview, Florida. This Release includes any and all claims, actions, causes of action, demands, damages, costs, loss of services, expense and compensation on account of any actions taken by the Releasees prior to the date of this Mutual Release to complete the City of Clearwater's obligations under the Settlement Stipulation dated March 26, 1992, between Stowell and the City of Clearwater. This Release does not include any claims that Stowell may have regarding the waiver of sewer impact fees arising from those certain easements granted by Karl Ford and Gladys C. Ford dated March 4, 1963 (recorded in O.R. Book 1675, Page 302, Public Records of Pinellas County, Florida), Frank Parker and Genevieve Thorton Parker dated March 26, 1963 (recorded in O.R. Book 1649, Page 642, Public Records of Pinellas County, Florida), and Rudolph Jacobsen dated June 29, 1963 (recorded in O.R. book 1721, Page 713, Public Records of Pin ell as County, Florida) to the City of Clearwater on lands now owned by Stowell. Stowell reserves his rights to such claims, which the City of Clearwater denies. Stowell hereby declares and represents that he has not been influenced to any extent whatever in, making this Release by any representations or statements regarding the matters described above or regarding any other matters, made by persons, firms or corporations who are hereby released, or by any other person or persons representing him or them. IT is understood that this Release constitutes the compromise of a doubtful and disputed claim and that payment is not to be construed as an admission of liability on the part of said Releasees, by whom liability is expressly denied. THIS release is contingent upon the signing of same, and any other related documents, by ALLAN J. STOWELL on or before August 8, 1994. If this release and any other related documents are not signed on or before August 8, 1994, the offer of settlement in the above-stated amount is withdrawn. For and in consideration of Stowell's granting of the easements described in the Agreement and Grant of Construction and Permanent Easement, the City of Clearwater does hereby release, acquit, and forever discharge Stowell of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expense and compensation on account or in any way growing out of any matters relating to the case pending in Circu.it Co~ o.f the Sixth Judicial Circuit in and for Pinellas County entitled City of Clearwater, FlOrIda, PlamtIff v. Allan 1. Stowell, Defendant, Case No. 91-16681-20 and any claims or damages, including environmental damage caused by the East Plant South Interceptor sewer line, or additional construction costs arising out of any delay allegedly caused by Stowell in granting the necessary easements to repair said sewer line. "" - THIS Release, along with the Amendment to Settlement Stipulation, Settlement Stipulation dated March 26, 1992, and Agreement and Grant of Construction and Permanent Easement, contain the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. WE FURTHER STATE THAT WE HAVE CARE FULL Y READ THE FOREGOING RELEASE AND ALL THE CONTENTS THEREOF AND WE SIGN THE SAME AS OUR OWN FREE ACT. q~ u day of August, 1994. WITNESS my hand and seal this TATE OF FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me this % day of A (.I~us-+ , 1994, the individual who is personallv .knm:yn to me or who has produced r"'\.c.> r"l€.. as identification. OFFICIAL NOT MY SEAL MELISSA H 1\ELSON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO, CC067130 \~y r:O"vtMISSION EX!', NOV, ~S,1994 f")p~~\~~_ Name: (Ylfi? \ i 8.3c:::..- \.~ ~\s.c" Notary Public Commission No.: My Commission Expires: . ta Garvey Mayor-Commissioner CITY OF CLEARWATER C;;-~~lE7 Elizalath M. eptula City Manager APPROVED AS TO FORM AND LEGAL SUF IENCY: AITEST: r,~ z: .lJ- Cynt . a E. Goudeau City lerk ~~ -~ STATE 0 FLORIDA COUNTY OF PINELLAS Sworn to and subscribed before me this j'Y-dayof ~~ , ]994, Elizabeth M. Deptula, as City Manager of the City of Clearwater, who is rsonally known to me or who has produced as identification. ~~~~ '$.~~:tti;;.... MARY KATHRYN DIANA ~~;;, Public f.t'J;;"\.% P.f'( COMMISSION' CC 229891 EXP1REtommission No.: ~..A.~: September 21, 1996 M C .. E . "~;;;..;;<<.,~ IONDfO TllIlU TJlOY FAIN IHSUIIAHCE, It<<:. Y ommlSSlOn xplres: ""'iu'l~ #43474 \, AGREEMENT AND GRANT OF CONSTRUCTION AND PERMANENT EASEMENT . . g~ THIS AGREEMENT, made and entered lnto thls day of August, 1994, by and between ALLAN J. STOWELL, a single man, 2873 Thornton Road, Clearwater, Florida 34619, hereinafter referred to as "Owner" and the CITY OF CLEARWATER, a Florida municipal corporation, Post Office Box 4748, Clearwater, Florida 34618-4748, hereinafter referred to as "City". WHEREAS, Owner is presently and has been for many years past, the unencumbered fee simple owner of Lots 10, 11 and 12, as shown on the plat of Wm. Brown's Bayview Subdivision, as recorded in Plat Book 1, Page 13, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, and the riparian and littoral rights appurtenant to the upland owner in the contiguous supmerged lands to the south thereof in Tampa Bay, (and other contiguous lands -adjacent to the north of said Lots 10, 11 and 12), find, WHEREAS, the City in connection with the construction of the Clearwater East, South Interceptor Sewer Line obtained certain easements in 1963 purporting to grant a 15 foot wide permanent sewer easement to the City for such purpose across property now belonging to the Owner, and WHEREAS, the said line when constructed was in portions of the easements so granted and was across a portion of the land for which the City had no easement for such purpose, and WHEREAS, the parties have been involved in certain litigation r~garding the City's right to maintain a sewer line on the subject properties belonging to Owner, such case being No. 91-16681-20 in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, and WHEREAS, the parties entered into a Settlement Stipulation dated March 26, 1992 and Amendment to Settlement Stipulation settling the matters of dispute between them, and WHEREAS, subsequent to the Settlement Stipulation the parties have mutually agreed to a temporary access from Thornton Road in order to accomplish repair to the existing line, said access point and location on the Owner's property as reflected on that certain boundary survey prepared by Lloveras, Baur & Stevens dated August 3, 1992 with an overlay plotted by NOVO dated May 5, 1994 attached hereto as Exhibit "1", and WHEREAS, the Owner wishes to grant to the City an easement over portions of his property lying 7.5 feet on either side of the existing sewer line which have not been previously conveyed to the City by ~sements in 1963 so that the City will have an easement over the entire course of the permanent sewer line as it now traverses the Owner's property, and WHEREAS, the Owner desires to convey to the City certain temporary construction easements for the purpose of repair to the , line by means of a slip~in liner, and WHEREAS, the temporary access route and the construction pits (cross-hatched) are reflected on Exhibit "1" and such access is further defined and regulated by a permit from the Department of Environmental Protection of the State of Florida (the "Department") being FDEP File No. 522419663 which permit was issued by the Department to the City on May 6, 1994, and 2 WHEREAS, the parties desire to condition and restrict the grant of easements and the use of the Owner's property as is otherwise set forth herein; NOW, THEREFORE, For and in consideration of the mutual promises and covenants herein made and agreed to be kept and in consideration of the conveyances of real property interests herein and in consideration of $1.00 and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties, the parties do hereby agree as follows: 1. That the recitals set forth hereinabove are true and accurate and are incorporated herein. 2. That the City of Clearwater has heretofore received easements across the Owner's property as reflected on Exhibit "1" and as follows: j A. Easement from Genevieve Thornton Parker and Frank Parker, her husband to the City of Clearwater dated March 26, 1963 and recorded in O.R. Book 1649, page 642, Public Records of Pinellas County, Florida. B. Easement from Gladys C. Ford and Karl Ford, her \ husband to the City of Clearwater dated May 4, 1963 and recorded May 9, 1963 in O.R. Book 1675, page 302, Public Records of Pinellas County, Florida. C.' Easement from Rudolph Jacobson to the City of Clearwater dated June 29, 1963 and recorded July 18, 1963 in O.R. Book 1721, page 713, Public Records of Pinellas County, Florida. 3 D. Easement from The Trustees of the Internal Improvement Fund of the State of Florida to the City of Clearwater dated December 17, 1962 and recorded January 27, 1963 in O.R. Book 1599, page 218, Public Records of Pinellas County, Florida. 3. That the Owner does hereby grant and convey unto the City a perpetual easement for the preservation of, maintenance and repair and improvement of the existing sanitary sewer line presently installed therein, over, under and across the following land lying and being situate in the City of Clearwater, County of Pinellas, State of Florida, to-wit: An easement 7.5 feet on either side of the centerline of the existing sewer line presently traversing the Owner's property, the said center line further described as follows: A part of Lots 10, 11 and 12, William Brown's Subdivision of Bayview Florida, according to the plat thereof recorded in Plat Book 1, page 13 of the Public Records of Hillsborough County, Florida, of which pinellas County was formerly a part, more particularly described as follows: Commence at the East quarter corner of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida; thence S. 89046' 01 "W., (bearing from the pinellas County coordinate system and basis of bearings for this description) along the east-west centerline of said Section 17, 1261.00 feet; thence S.00037'16"W., along the northerly extension of the east boundary of said Lot 12, 458.44 feet to the northeast corner of said Lot 12; thence S. 00037 ' 16 "W ., along the east boundary of said Lot 12, 541.96 feet to the Point of Beginning of the centerline of a 15 foot wide Sanitary Sewer Easement; thence S.69045'00"W., 21.90 feet; thence S.78029'00"W., 297.82 feet; thence S.56039'40"W., 226.53 feet; thence S.72019'30"W., 94.73 feet; thence S.11013'20"W., 9.28 feet; thence S.73001'30"W., 17.46 feet to a point on the west boundary of said Lot 10, the Point of Ending of the centerline of a 15 foot wide sanitary sewer easement, said point being S.00037'16"W. of and 774.00 feet from the northwest corner of said Lot 10. 4 LESS any part thereof that contains sovereign submerged lands and LESS any part thereof that is subject to a previously existing easement to the City of Clearwater, particularly the easement from Genevieve Thornton Parker and Frank Parker, her husband to the City of Clearwater dated March 29, 1963 and recorded in O.R. Book 1649, page 642; that easement from Gladys C. Ford and Karl Ford, her husband to the City of Clearwater dated May 4, 19'63 and recorded May 9, 1963 in O.R. Book 1675, page 302, that easement from Rudolph Jacobson to th~ City of Clearwater dated June 29, 1963 and recorded July 18, 1963 in O.R. Book 1721, page 713, and that easement from The Trustees of the Internal Improvement Fund of the State of Florida to the City of Clearwater dated December 17, 1962 and recorded January 27, 1963 in O.R. Book 1599, page 218, all above references to the public records of Pinellas County, Florida. The side lines of the easement are prolonged or shortened to terminate at the property lines. 4. The Owner does hereby grant and convey unto the City a temporary construction easement for the repair. of the existing sanitary sewer line referred to in paragraph 3 above, over, under and across the following land lying and being situate in the City of Clearwater, County of Pinellas, State of Florida, to-wit: A 3~ foot temporary easement described as being 15 feet on either side of the centerline of the existing sewer line described in paragraph 3 above. 5. The permanent easement described in paragraph 3 above and the temporary construction easement granted in paragraph 4 above are subject to the following express covenants and limitations more fully set forth hereunder now and in the future as to repair, improvement and maintenance of the said sewer line and there shall, under no circumstances, be any right, privilege or implied grant in such permanent easement or in such temporary construction easement not specifically herein granted, to-wit: 5 A. The City shall have the right of ingress and egress over and within the permanent easement, and temporary construction easement, during its duration, for the purpose of inspection, repair and improvement (pipe size not to be greater than 36") of such sewer line from time to time and for no other purpose. B. As to the temporary construction easement, the City shall have full right of ingress and egress, over, along and across the area of the temporary easement during the progress of construction and until termination thereof, or one (1) year from the date of this Agreement, whichever shall first occur, subject, however, to all limitations, conditions or restrictions imposed by the within Agreement, which grant shall be limited to the express terms of the grant and shall carry no rights by implication. C. That the sanitary sewer line existing on such property as it now exists or may hereafter be altered or repaired shall be &aintained without cost to the property of the Owner which said property is set forth on Exhibit "1" attached hereto under the heading of "Property Description" (said property being referred to herein as "Owner's property" or "Owner's contiguous property"). Sanitary sewer service charges shall only be chargeable to those properties, or portions of the Owner's property thereof, actually connected to and receiving sanitary sewer service. D. The City's rights of ingress and egress to the above described permanent easement and temporary construction easement shall be limited to the easement area only; however, nothing herein shall prevent the Owner, his heirs and assigns, from authorizing 6 the City in writing, to utilize other routes of entry, but the grant_of this easement shall in no way carry, by express terms or by implication, any other rights of ingress or egress. The City agrees that it shall not require the Owner, his heirs and ass~gns, as a condition of a building permit, site plan or plat approval, to grant any permanent route of ingress or egress to the above described permanent easement. The Owner, his heirs and assigns, specifically reserve the right to cross and recross, pave, improve and otherwise deal with the permanent easement area herein granted, provided, however, that such usage by the Owner shall not unreasonably interfere with or jeopardize the access, repair or safe operation of the sewer line. The placement of a building on such permanent easement shall not be allowed. The reservation herein expressly includes the right of the Owne~, his heirs or assigns, to pave or otherwise utilize, if he so desires, said easement areas as roads, streets, walkways, decks, docks, piers and similar uses or for the purpose of the installation of other utilities on the property or enjoyment of the remaining properties of the Owner. E. The City shall not fence or otherwise restrict the access across the easemented area nor shall the City build any manhole or other improvement that extends above the existing grade of the property. The City agrees that in anticipation of the ul timate development of the Owner's contiguous property, the Owner, his heirs or assigns, shall have the right to install additional 7 manholes at such intervals as may be desirable and consistent with sound engineering practice, to permit the sewage facilities to be available to the Owner's contiguous property in the course of the Owner's development of his land, presently or in the future. The City further represents to the Owner that the sewer line now designed and currently being maintained, is of such character and has been placed at such depth as-to permit reasonable gravity flow into such line. F. In the use and enjoyment of the easements herein granted, the City agrees to restore any damage done and to avoid and refrain from doing any act or acts which would interfere with the reasonable usage and enjoyment of the remaining properties of the Owner, his heirs and assigns. This provision shall especially extend to restoration of existing fences, trees, all plant life, driveways, walkways, recreational equipment and restoration of the normal drainage of the area whether caused during construction or by the subsequent maintenance of the sewer line, all of which cost shall be borne by the City. G. The City agrees that no sewer lift stations or other improvements will be built in the easement and all future I improvements will be constructed underground , it being acknowledged by both parties that the views and vista from the contiguous property of the Owner are of great value to such contiguous property and that any sewer lift station or other above-ground improvement would significantly deteriorate the value of the Owner's remaining property. 8 H. An independent Arborist will be jointly selected by the Owner and the City and shall furnish specifications in writing on the use of the easements by the City and other matters appropriate to the preservation and safety of the oak trees and other plant life existing on the property prior to any work being done by the City in the easemented areas. Of particular concern to the parties in the use of the permanent easement is the protection and safety of the oak trees and other plant life living on the south side of the property, fronting the waters of Old Tampa Bay. Many oak trees are growing near the top of the bluff and the root structure of the trees and other plant life provide protection from erosion caused by the high waters from Tampa Bay. Accordingly, the City will take every precaution to avoid damage to these trees and other plant 'life. Any pruning, root protection or curative steps to protect the health of the trees and plant life will be identifietl by the Arborist in writing to the property Owner and the City before any maintenance or construction occurs. Such pruning, root protection and curative steps will be accomplished on a timely basis. The cost of the Arborist will be paid by the City. A independent Arborist, will be agreed to by both 'parties regarding letter of understanding, incorporating the specifications of the I , the above matters before any digging, excavation, maintenance activities or any vehicles or construction equipment are allowed on either the permanent easement or the temporary access route or construction easement. 9 I. The City will prepare a color audio/video tape of the areas to be affected prior to the start of any maintenance or construction activities and shall prepare such tape following completion of the activity. The City will notify the Owner not less than ten (10) days in advance of the planned start of work in any area and when and where the taping will occur. The tape will be maintained by the City as a permanent record for use in resolving any disputes over the adequacy of clean up and restoration of the easemented or access areas. The City will provide a copy of such tape to the Owner at no cost to the Owner. J. In determining the acceptability of the finished condition of the grounds involved in this or any future project, the independent Arborist jointly selected by the Owner and the City will resolve any disagreement as to the acceptability of any remedial actions pertaining to, or replacement of, trees and plant life. T~e cost of hiring the independent Arborist for the above tasks shall be paid for by the City. K. The City agrees that the following requirements will govern clearing, excavation and restoration of the Owner's property now and in the future for repair and maintenance of the interceptor i sewer and will be made part of any construction contract pertaining to the Owrier's property: ( 1 ) Final Cleaning Up. Before the work 1S considered complete, all rubbish and unused material due to or connected with the construction must be removed and the premises restored to its former condition. All private property disturbed or damaged during the prosecution of the work shall be restored to 10 a condition similar to its former condition. ( 2 ) Safety. The contractor shall furnish and, install all necessary temporary works for protection of the work and the safety of the public and shall carryon his work in the manner to avoid injury to the public or to the workmen. (3) Protection of Adjacent Property and Utilities. The contractor shall conduct his work in such a manner as to avoid damage to Owner's property and shall at the option of the Owner immediately repair or pay for any damage incurred through his operations; this provision shall be effective with particular regard to oak trees and plant life presently growing on the upland adjacent to the easements. (4) Construction Procedure. Portions of the work are being done along the waterfront of Tampa Bay. It shall 'be the contractor's responsibility to preserve and protect all trees and plant lif~ or any improvements existing on the property at the time of construction. ( 5 ) Preservation of Property. In the easements and the temporary letter license access agreement given to the City across the private property of the Owner, all lawns and plant life will be restored by replanting with plants equal to that existing prior to construction. The contractor shall cooperate in good faith with the independent arborist in protecting existing plant life. The contractor shall be responsible for protecting sprinkler systems, cables and/or other privately owned 11 ,. buried and above ground improvements and shall repair or replace damages caused by the construction activities of the contractor at no cost to the Owner. L. The City shall notify the Owner at least 24 hours in advance of any construction or maintenance work, unless a greater time is required herein, and the approximate time of commencement and duration of such activities. Provided, however, in an emergency the City will provide notice as soon as possible. M. Any work performed by the City or its contractor shall not be considered completed until a release has been signed by the independent arborist, said release not to be unreasonably withheld. 6. The City herein covenants and agrees to save harmless and indemnify the Owner herein from all loss or damage whatsoever arising from either the repair of the sewer line facility or subsequent usage and maintenance thereof, whether such claims be to injuries to person or property or to the environment. 7 . Contemporaneously with this grant of the permanent easement and the temporary construction easement, the Owner will be granting to the City a license agreement in letter form for access to the easemented areas (said license for access to be over that area identified as "Temporary Access Route" on Exhibit "1"), said license to be of the same duration as the temporary construction easement. The parties acknowledge that the Owner's property has many large "specimen" oak trees and other trees which are very valuable to the Owner, both monetarily and aesthetically, and the 12 d Owner has substantial concern, with the possibility of unnecessary and permanent damage being occasioned to the surface areas and the root systems of the trees on the Owner's property. This particular land has a shallow subsurface clay pan, such that the existing trees have a much shallower than normal root system, and great care is required to avoid tree damage in moving heavy equipment and materials over the Owner's land in the vicinity of said trees. Accordingly, as a condition of the easements granted hereunder, and as a condition to the contractor proceeding to move any material, equipment or personnel over any part of the Owner's lands, the work of the independent Arborist will have been accomplished and the parties will have agreed on the protective or remedial work that will be accomplished for the protection of these trees. These conditions shall be in writing and shall be agreed to by the Owner and City before any maintenance or construction work is commenced in the t~mporary or permanent easement. This condition is a substantial part of this Agreement and a condition of the easements granted hereunder. The City will pay the entire cost of the independent Arborist. 8. In the event that any provision of this Agreement or any condition placed on the use of the easements granted hereunder is found by a court of competent jurisdiction to be invalid for any reason, all other provisions of this Agreement and the easement shall remain in full force and effect. All portions of this Agreement shall be deemed severable for such purpose. 13 ,\-;.' 9. The City will perform the obligations set forth in the Settlement Stipulation between the parties above referred to dated March 26, 1992 as a further consideration for the grant of the within easements. This Agreement shall be deemed to be an agreement fulfilling all of the conditions set forth in paragraph 23 of the said Settlement Stipulation except that it shall be not necessary for this Agreement to be recorded as an exhibit to an By: final judgment. WITNESS WHEREOF, the parties have executed these presence expressed this City of Clearwater, Florida A municipal corporation By tlLC...... - Attest: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ~+h day of August, 1994 by ALLAN J. STOWELL, a single man, who is personall v known to me or who has produced --------------_~~~____________________________ as identification and who did/did not take an oath. OFFICIAL NOTARY SEAL MELISSA H NELSON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO, CC067130 MY COMMiSSION EXP, :\lOV, 28.1994 ~\~~ Notary Public/State of Florida Print Name: (YI~\i ~~ ~ ()~\="'c", My Commission Expires: 14 , , STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledg~d before me this g ~ day of August, 1994 by E,,0/;!..4C3i=-77-I /(-ll.EJ/T~,.;4 , as City Manager, attested by (!,Y~rH/,q E-. ~ot:/f)cl4u.. , as City Clerk, and countersigned by ;, /77J- GJC1-rf!.. V IE" ,/ as Mayor- Commissioner of the City of Clearwater, Florida, a Florida Munici Cor oration, on behalf of the corporation each of whom is ersonally known :to me or who have produced- ~ ~ as identification and who did/ l.d not. take an oath. My Commission Expires: i~~,~:~U~;~ MARY KATHRYN DIANA b l: ~;~ MY COM\llSSlON II CC 229891 EXPIRES ~J,*".....~~i September 21.1996 , "P.r.,~,.' BONDEll THRU TNlY FAIN INSURANCE. 1tC. j \-:4. 15 SURVEY IN FILE