CLEARWATER POINT INC NUMBER 4 CONDO / HOLIDAY ISLES PROPERTY MANAGEMENT
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INST # 94-253155
SPT 8, 1994 5:17PM
!INELLAS COUNTY FLA.
OFF.REC.BK 8777 PG 2139
E A S E MEN T
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to it, the receipt of which is hereby acknowledged, the installation of
new sod and a thirty inch (30") high chain link fence as depicted in the
drawing shown on page 6 hereof, and the benefits to be derived therefrom,
11 nEcg' N Clearwater Point, Inc. NO.4, a Condominium
ACCT () C/O Holiday Isles Property Management
CO~E 78S0 Ulmerton Road, suite 1
~~~?~r. ," 0 Largo, Florida 34641
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~~ nn~~h~reby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement
LJ I o'U~r, lmder and across the following described land, lying and being situate
~C i~ ~h~ County of Pinellas, state of Florida, to-wit:
CERT
That certain real property being situate in section 17, Township
29 South, Range lS East, Pinellas County, Florida, and being more
specifically described as follows:
TOT'\~EGIN AT THE MOST WESTERLY CORNER OF THE "CONDOMINIUM UNITS OF
-~LEARWATER POINT NO.4" AS RECORDED AND SHOWN IN CONDOMINIUM
PLAT BOOK 7, PAGE 2 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA, AND RUN ALONG A CURVE TO THE LEFT, ALSO BEING THE
SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH GULFVIEW BOULEVARD, HAVING
A RADIUS OF 280.66 FEET, CHORD BEA!UNG N58 0 lS I 14"'E, CHORD DISTANCE
20.12 FEET, 20.12 FEET; THENCE RUN S370S814S"E, ALONG A LINE 20
FEET NORTHEASTERLY OF AND PARALLEL TO THE SOUTHWESTERLY LINE OF
SAID CONDOMINIUM lS0.76 FEET TO THE SOUTHEASTERLY LINE OF SAID
CONDOMINIUM; THENCE RUN NS200111S" ALONG THE SOUTHEASTERLY LINE
OF SAID CONDOMINIUM AND ITS NORTHEASTERLY EXTENSION TO A POINT
ON THE HIGH WATER LINE OF CLEARWATER HARBOR; THENCE SOUTHERLY
ALONG SAID HIGH WATER LINE TO A POINT LYING 30 FEET SOUTHEASTERLY
OF AND PERPENDICULAR TO SAID SOUTHEASTERLY LINE; THENCE RUN
SS200111S"W ALONG A LINE 30 FEET SOUTHEASTERLY OF AND PARALLEL
TO THE SOUTHEASTERLY LINE OF SAID CONDOMINIUM TO A POINT WHICH
LIES S370S814S"E, 30.00 FEET FROM THE SOUTHWESTERLY CORNER OF
SAID CONDOMINIUM; THENCE RUN N370S814S"W, 182.94 FEET TO THE
POINT OF BEGINNING.
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O 1. The Grantee shall bear all costs incident to the installation,
inspections, maintenance and repair of a sanitary sewer force main, not to
exceed sixteen inches in diameter, that will extend the length of the
~ easement area and be buried within the easement area extending seaward of the
~ existing seawall at a minimum depth of not less than five feet below normal
.~ sea level, and landward from the seawall to the pUblic. right-Of-way at a
''S:, minimum de~{~~"7Ic~'~ry:,_~p:~c~eO below normal ground level. Page 1 of 6
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This easement is for sanitary sewer purposes only.
THE EASEMENT, rights and privileges herein granted shall be used only
for the purpose of an underground sanitary sewer force main installation,
inspections, and maintenance as hereinafter provided:
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plNELLAS COUNTY
_OFF.REC.BK 8777 FLA.
Uu_ --'--.u,___ _ . PG 2140
2. The rights granted herein are specifically and exclusively granted
to Grantee only, and creates no rights in the public or any other
governmental body or agency other than the City of Clearwater. Further, the
easement herein granted creates no access rights in the public.
3. At all times during the term of this easement, the Grantee shall
maintain the sanitary line and its related equipment within the easement
area, installed only below sea and ground level as above described, in a safe
and serviceable condition. No portion of the condominium property other than
the easement area may be used by the City pursuant to this easement, and no
City trucks or other vehicles will be allowed on the property unless
absolutely necessary for a repair or maintenance activity.
4 Grantee warrants that no pump station or other facility that emits
offensive odors will be permanently constructed upon or placed within the
easement boundaries or upon the beach area adjacent to the easement area.
5. Grantor agrees not to construct permanent structures, or install
trees or shrubbery whose root systems would commonly extend 30 inches or more
below ground level , within the easement area that would interfere with
Grantee's use of its facilities.
6. The Grantee shall be responsible to promptly repair and restore the
premises after the installation of the sanitary force main, or any future
repair or maintenance thereof, so that the premises are restored to their
prior to better condition, including but not limited to any sod, fencing,
landscaping, hedges, sprinkler system, or other improvements that may
reasonably be planted or installed within the easement area granted herein.
Grantee acknowledges that such plantings and installations shall not
consti tute encroachments, and that Grantee shall not seek to obtain any
jUdicial order requiring removal of such improvements from the easement on
the grounds that the improvements constitute an encroachment.
7. The Grantee agrees to hold harmless the Grantor and the unit owners
from and against any damages incurred as a result of the placement and
maintenance of the sanitary sewer force main on the condominium property, or
by any wrongful or negligent act or omission of the Grantee or its agents or
employees in the course of their employment, and all costs , liabilities,
claims, demands and causes of action including, without limitation, bodily
injury to or death of any person during the construction and installation of
the sanitary force main, and during periods of any future maintenance
activities as Grantee may undertake from time to time within the easement
premises, arising from the acts or omissions of the grantee or its agents in
the exercise of the rights granted hereunder, up to limits as set forth in
section 5.2 ("Insurance") of City Construction Contract (attached hereto as
Exhibit "A"), except to the extent such cost, liabilities, claims, demands
and causes of action occur as a result of the negligent acts or omissions of
the Grantor, its employees or agents; provided, that nothing herein shall be
deemed to constitute a waiver of any defense or limitation available to the
Grantee pursuant to section 768.28, Florida Statutes, the "Sovereign Immunity
Waiver statute". Grantee shall require that its contractor name the Grantor
as "additional insured" under the provisions of the aforesaid "Insurance".
Page 2 of 6
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PI~ELLAS COUNTY FLA.
OFF.REC.BK 8777 PG 2141
8. This grant of easement shall run with the land and shall be binding
on and shall inure to the benefit of the parties, their successors and/or
assigns; provided, however, that the easement granted hereunder, shall
automatically terminate if the easement area is no longer used by the City of
Clearwater as a sanitary sewer force main, whereupon the City shall promptly
deliver any and all documents reasonably required to cancel the easement of
record.
IN WITNESS WHEREOF, the party hereto has set its hand and seal this
I Q1Y1 day of J \JtJc- , 1994.
Signed, sealed and delivered
in~~: r
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WITNE' ,,'
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~. ess'~, d Signature
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C~c.bJc. ~ ~ m l-ni
witness' Printed Signature
CLEARWATER POINT, INC. NO.4,
a Condominium
By:
ATTEST:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this IO~ day
of --=r () N ~
Inc. No.4, a
existing under
corporation.
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............ G r r .v' .,.1.... '-- ....,
..~~ 1Ila.:'. '" J DORA..
(..~ ~ \ STEPI-\P.NI",. . 'es
~ commission El'.P"
· MY 1996
~ : Jan. 16. 174553
... IV" Al Comm. No. CC
"~1t OF ~.~
........
1994 by Robert Livingstone, President of Clearwater Point,
condominium, a corporation not-for-profit organized and
the laws of the state of Florida, on behalf of the
He is personally known to me ~rodll"'~d
as identifir.~rion.
~--~ ~M>--
sign~ of pers~~:~ing acknowledgment
~~\E :r,~
Type/print/stamp name of acknowledger
N1)\,~ Put€,.Li <.....
Title or rank, clnd Serial No., if any
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Page 3 of 6
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PINELLAS COUNTY FLA.
OFF.REC.BK 8777 PG 2142
STATE OF FLORIDA )
COUNTY OF PINELLAS )
,,1 _ The foregoing instrument was acknowledged before me this 1D't1.day of
~ , 1994 by Elmer Vos, Secretary/Treasurer of Clearwater
Point, Inc. No.4, a condominium, a corporation not-for-profit organized and
existing under the laws of the State of Florida, on behalf of the
corporation. He is personally known to me ~r haa p~ea~~o~
~ idgntification.
,"':A~I::::1~ Rosalie Ann Milburn
llJ:&~"""%\ MY COMMISSION EXPIRES
!.~: i:~ June 8, 1996
........ 'Q~
\;~;'d"ii.~)o~ BONDED THROUGH
"".!.,,,,,,, AlAN INSURANCE SEAVICES
CC 206785
Zn5(1h~ ~ J)) I &v~
. nature of Rerson taking acknowledgement
bum
Type/print/st~p name of acknowledger
T~~~!Jk' ~al No., if any
CwPt4Eas.ewb
Page 4 of 6
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PIN~LLAS COUNTY FLA.
OFF.R~.BK 8777 PG 2143
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PINELLAS COUNTY FLA.
t EXIllBIT "A" OfF. REC. BK 8777 PG 2145
City of Clean ater staliIdard 'constttlction,:conbt-Iotl - -
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EXCERPT:
5.2 INSURANCE Contractor shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection from
claims set forth below which may arise out of or result from
Contractor's performance and furnishing of the Work and
Contractor's other obligations under the Contract Documents,
whether it is to be performed or furnished by Contractor, and
Subcontractor or Supplier, or by anyone directly or indirectly
employed by any of them to perform or furnish any of the Work, or
by anyone for whose acts any of them may be liable for the
following: (i) Claims under worker's compensation, disability
benefits and other similar employee benefit acts; (ii) Claims for
damages because of bodily injury, occupational sickness or
disease, or death of Contractor's employees; (iii) Claims for
damages because of bodily injury, sickness or disease, or death
of any person other than Contractor's employees; (iv) Claims for
damages insured by customary personal injury liability coverage
which are sustained by any person as a result of an offense
directly or indirectly related to the employment of such person
.by contractor, or by any other person for any other reason; (v)
Claims for damages, other than to the Work itself, because of
injury to or destruction of tangible property wherever located,
including loss of use resulting therefrom; and (vi) Claims for
damages because of bodily injury or death of any person or
property damage arising out of the ownership, maintenance or use
of any motor vehicle. The Contractor shall deliver to Owner,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance (and other
evidence of insurance requested by Owner 6r any other additional
insured) which Contractor is required to purchase and maintain in
accordance with this paragraph. The policies of insurance so
required by this paragraph to be purchased and maintained shall:
(i) include as additional insured (subject to any customary
exclusion in respect of professional liability) city of
Clearwater and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insured, and include coverage for the respective
officers and employees of all such additional insures; (ii)
include completed operations insurance; (iii) include contractual
liability insurance covering Contractor's indemnity obligations
in Article for Contractor's Responsibilities; (iv) contain a
provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least
thirty days prior written notice has been given to the Owner, and
Contractor and to each other additional insured identified in the
Supplemental Conditions to whom a certificate of insurance has
been issued (and the certificates of insurance furnished by the
Contractor as described in this paragraph); (v) remain in effect
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5.2 INSURANCE CONTINUED:
PINELLA
OF~'_IEC . DR S 8 i~UNTY FLA.
-- 7 PG 2146
,
at least until final paymen't and at all times thereafter when
Contractor may be correcting, removing or replacing defective
Work in accordance with Article for Correction of Defective Work;
(vi) with respect to completed operations insurance, and any
insurance coverage written on a claims-made basis, shall remain
in effect for at least two years after final payment. Contractor
shall furnish Owner and each other additional insured identified
in the Supplementary Conditions to whom a certificate of
insurance has been issued evidence satisfactory to Owner and any
such additional insured, of continuation of such insurance at
final payment and one year thereafter and (vii) Name and
telephone number of the authorized insurance agent for the
Insurer.
The limits of liability for the insurance required shall provide
coverage for not less than the following amounts or greater where
required by laws and regulations:
WORKER'S COMPENSATION INSURANCE
(1) Workers' compensation
(2) Employer's Liability
Contract Awa,rd
Amount Under
$1,000,000.
statutory
$500,000.
PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Contract Award
Amount $1,000,000.
and Over
statutory
$1,000,000.
Comprehensive General Liability including Premise/Operations;
Explosion, Collapse and Underground Property Damage;
Products/Completed Operations, Broad Form Contractual,
Independent Contractors; Broad Form Property Damage; and Personal
Injury liabilities: .
(1) Bodily Injury:
(2) Property Damage:
Contract Award
Amount Under
$1,000,000.
$500,000.
Each Occurrence
$1,000,000.
Annual Aggregate
$500,000.
Each Occurrence
$1,000,000.
Annual Aggregate
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Contract Award
Amount $1,000,000.
and Over
$1,000,000.
Each Occurrence
$1,000,000.
Annual Aggregate
$1,000,000.
Each Occurrence
$1,000,000.
Annual Aggregate
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IPINELLAS COUNTY FLA.
OFJ.REC.BK 8777 PG~:~2
PIJl3LIC LIABILITY AND PROPERTY DAMAGE COVERAGE CONTINUED:
(3) Personal Injury, with
employment exclusion
deleted.
_/
$1,000,000. $1,000,000
Annual Aggregate Annual Aggregate
Comprehensive Automobile Liability including all owned (private
and others), hired and non-owned vehicles:
Contract Award
Amount Under
$1,000,000.
Contract Award
Amount $1,000,000.
and Over
(1) Bodily Injury
$500,000.
Each Person
$1,000,000.
Each Person
$500,000.
Each Accident
$1,000,000.
Each Accident
(2) Property Damage
$500,000.
Each Occurrence
$1,000,000.
Each Occurrence
Receipt and acceptance by the Owner of the Contractor's
certificate of' Insurance, or' other similar document does not
constitute acceptance or approval of amounts or types of
coverages which may be less than required by these Contract
Documents. Owner shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
Contractor, Subcontractors or others in the Work. ,The Owner may
at its option require a copy of the Contractor's Insurance
Policy(s). All insurance policies required within this Contract
Document shall provide full coverage from the first dollar of
exposure unless otherwise stipulated. No deductibles will be
accepted without prior approval ,from the Owner.
5.3 WAIVER. OF RIGHTS Owner and Contractor intend that all
policies purchased in accordance with Article on Insurance will
protect Owner, Contractor, Subcontractors, Engineer, Engineer's
Consultants and all other persons or entities identified in the
Supplementary Conditions to be listed as insured or additional
insured in such policies and will provide primary coverage for
all losses and damages caused by the perils covered thereby. All
such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will have no
rights of recovery against any of the insured or additional
insured thereunder, Owner and Contractor waive all rights
against each other and their respective officers, directors,
employees and agents .for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to the
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tPINELLAS COUNTY FLA
~~~_~REC. BK 8777 PG 2148
~. -k ~
5.3 WAIVER OF RIGHTS CONTINUED:
workj and, in addition, waive all such rights against Sub-
contractors, Engineer, Engineer' s Consultants and all other
persons or enti.ties identified in the Supplementary Conditions to
be listed as insured or additional insured under such policies
for losses and damages so caused. None of the above waiv~rs
shall extend to the rights that any party making such waiver may
have to the proceeds of insurance otherwise payable under any
policy so issued. In addition, Owner waives all rights against
contractor,Subcontractors, Engineer, Engineer's Consultant and
the officers, directors, employees and agents of any of them for:
(i) loss due to business 'interruption, loss of use or other
consequential loss extending beyond direct physical loss or
damage to Owner's property or the Work caused by, arising out of
or resulting from fire or other peril, whether or not insured by
Owner andj (2) loss or damage to the completed Project or part
thereof caused by, arising out of or resulting from fire or other
insured peril covered by any property insurance maintained on the
completed Project or part thereof by Owner during partial
utilization, after substantial completion or after final payment.
6. CONTRACTORS RESPONSIBILITIES
6.1 SUPERVISION AND SUPERINTENDENCE contractor shall
supervi , inspect and direct the Work competen y and
,_~ efficient, devoting such attention thereto and ap ying such
skills and ertise as may be necessary to perfor the Work in
accordance wi the Contract Documents. Contr ctor shall be
solely responsib for the means, methods, tec ~ques, sequences
and procedures of onstruction, but Contr tor shall not be
responsible for the negligence <?f othe i,n the design or
specification of a spec' icmeans, metho ,technique, sequence or
procedure of constructio which is own or indicated in and
expressly required by the C tract ocuments. Contractor shall
be responsible to see that the om eted work complies accurately
with the Contract Documents. tractor shall keep on the work
at all times during its pro ess a competent resident
superintendent, who shall be repI edwithout notice to Owner
and Engineer except un r extraordin y circumstances. The
superintendent will b Contractor's rep sentative at the site
and shall have auth ity to act on behal f Contractor. All
communications to e superintendent shall b as binding as if
given to Contra or.
employ only competent persons to do and
ngineer shall notify contractor, in writing, that any
person on the work appears to be incompetent, unfa'thful,
diso erly, or, otherwise unsatisfactory I such person sha ~ be
re ved ~rom-the project and shall not again be employed o~t
cept with the written consent of Engineer.
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