FLORIDA POWER CORPORATION (6)
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41 OS ~ If5:CLERK CIHCU1T COURT
43 Int --;Q ~v 6 8 20 NM~81
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THIS EASEMENT AGREEMENT, Made this 24 th day of September , 1981,
between FLORIDA POWER CORPORATION, a corporation of the State of Florida, whose
nailing address is P.O. Box 14042, St. Petersburg, Florida 33733, Party of the
First Part, GRANTOR herein, and CITY OF CLEARWATER, FLORIDA, a muncipal corporation
of the State of Florida, whose mailing address is 10 South Missouri Avenue, Clearwater,
Florida 33415, Party of the Second Part, GRANTEE herein:
81176102
CL-70 8-31-81 lag
, ORIGINAL'
D.R. 5 2 6 9 PAGE 8 6 6
EASEMENT AGREEMENT
14 14:.1 '203 72 I]
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~TNF.SSETH: 'That the said GRANTOR, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable considerations, in hand paid by
the GRANTEE, the receipt of which is hereby acknowledged, und in consideration of
the conditions and covenants herein contained, does hereby grant unto GRANTEE an
easement and right-of-way for the sole purpose of constructing and maintaining a
storm water detention pond (sometimes hereinafter collectively referred to as "im-
provements") within the following described Easement Area in the County of pinellas
and State of Florida, to-wit:
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> ~ A 130-foot wide Easement Area lying within a certain segment of GRANTOR'S
~ fee owned 225-foot wide transmission corridor traversing a north/south course
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u through the SE~ of Section 18, Tbwnship 29 South, Range 16 East, said 130-foot wide
$
~ Easement Area being more particularly described as generally depicted on print of
(~ sketch attached hereto as EXHIBIT "A" and by this reference incorporated herein and
made a part hereof.
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GRANTEE shall have the right to inspect, repair and/or replace said im-
provements, together with all rights and privileges reasonably necessary or conven-
ient for the enjoyment or use thereof for the purposes herein described, subject,
to the following terms and conditions to which GRANTEE expressly agrees:
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1. That GRANTEE shall notify F. E. Badger, GRANTOR'S Superintendent ot
~ Transmission Rights-of-Way (telephone: 813/866-5240, St. Petersburg) and D. M.
m Falvey, GRANTOR's Superintendent of Transmission Underground (telephone: 813/866-5729,
st. Petersburg), at least 48 hours before commencing initial construction activities
w~thin the Easement Area so that, if desirable, GRANTOR can have a representative pre-
~nt to observe the activities.
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.~~~~ 2. That GRANTOR expressly reserves unto itself, its successors, lessees
~~.~ and assigns, the continued right to occupy and utilize the said Easement Area in any
~ 0 i ~y or manner whatsoever, and the further right to require GRANTEE to relocate or re-
~~. ve the improvements described herein within 30 days after due notice should GRANTOR
~6~ etermine that such improvements would interfere with GRANTOR'S future facilities or
~~se of said fee owned 225-foot wide transmission corridor.
~
~ 3. Any costs, attorney's fees or expenses incurred by GRANTOR in cons tru-
'1ng or enforcing this Easement Agreement shall be !:.:orne by the GRANTEE.
4. That in the event GRANTEE should remove or abandon said in~rovements,
then the rights and privileges herein shall cease and t~rrninate and the Easement Area
shall revert to GRANTOR in its entirety.
5. That GRANTEE'S operations, activities and equipment used within the
Easement Area beneath or in proximity to any of GRANTOR'S electric facilities shall,
at all times, be in strict compliance with applicable provisions of the National
Electrical Safety Code (NESC) and the Occupational Safety and Health Act of 1971
(OSHA). GRANTEE is further notified and hereby agrees to so notify any of GRANTEE'S
employees, agents, contractors, representatives or other persons engaging in GRANTEE'S
activi ties upon said Easement Area wi th ffiZ\..1\JTEE' S knowledge and under GRANTEE'S SUDer-
vision or control, that extreme caution is necessary around all of GRANTOR'S electri-
cal facilities, supporting structures, anchor guys or related appurtenances, and in
the event of any damages or injuries, GRANTEE shall immediately report the nature and
extent thereof to GRANTOR'S Clearwater District Office, Telephone 813/443-2661,
Clearwater.
6. That GRANTEE shall not use a dragline or cable type crane within
GRANTOR'S right-of-way.
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7. That any and all piping within GRANTOR'S right-of-way have sufficient
earth cover to prevent breakage due to the operation of GRANTOR'S vehicles and heavy
equipment within right-of-way.
Sr' . RETURN TOr
, "X\\.(~)UI\t_1J.-- This Ins~rum~nt prepared by CITY CLERK
qo u) U,~(,/ 'Cf1 T~omas Bus t1 n . C1 ty Attorney P. o. JlfOX4748\
-11.\tc(,lv(..e:.~ C,ty Qf Clearw~ter CLEARWATER, FLA. 33518 ILfc)$;;'-o;)..:-Lf'
C,C:
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, Q,R: 526 9 P~GE 867
8. If the Easement Area is fenced, GRANTEE shall install a sixteen foot
(16') gate in fencing making that portion of the right-of-way accessible. Gate
should have GRANTOR'S lock installed.
9. That all excavations for said GRANTEE'S utilization be a minimum of
fifty feet (50') from the nearest edge of GRANTOR'S transmission structure or guy-
ing.
10. That GRANTEE assume full responsibility for the maintenance of the
ponds and underdrains and right-of-way strip.
11. The entire disturbed area within the right-of-way strip shall be res-
tored to a condition, at least as gO<X1 as that which existed prior to construction.
12. That the ground elevation not be increased rrore then tyx) feet (2').
13. That no parking or storage of any type occur in the right-of-way.
14. That GRANTOR'S consent to GRANTEE'S use of the Easement Area is limi-
ted. Such conditional and restricted consent creates privileges in the GRANTEE to
use the Easement Area only insofar as compliance with the conditions herein is con-
tinued .
15. That plans for any other utilities such as street lights, overhead or
underground utilities proposed for inclusion in the Easement Area must be submitted
to GRANTOR for prior approval.
16. That GRANTOR shall not be liable for damage to GRANTEE'S irrproverrents
hONsoever resulting from the use or occupancy of the premises by GRANTOR. GRANTOR,
however, shall not willfully cause undue damage to said improvements.
17. That GRANTEE, in and about the construction, operation, utilization
and maintenance of said improvements within GRANTOR'S premises, and GRANTEE so
covenants, shall not therein interfere with the safe and efficient operation and
maintenance of GRANTOR'S facilities.
18. That nothing contained in this grant of easement or contemplated is in-
tended to or shall increase GRANTOR'S liability for personal injury or death or for
any property darrage, and it is hereby expressly understood and agreed by the GRANTEE
(al that GRANTOR does not assume any such additional liability, (b) that liability
ar ising out of the use and occupancy of the Easement Area by GRANTEE, its employees,
agents, contractors or any representative, is hereby assumed by GRANTEE and shall be
at the sole and exclusive risk of GRANTEE, (c) that GRANTEE shall answer and safisfy
to GRANTOR'S satisfaction any and all complaints, (d) that GRANTEE shall protect, de-
fend, hold harmless and indemnify GRAN'IDR from and against any and all actions,
claims, damages and/or loss, including costs and attorney's fees, occasioned by or
growing out of any actual or claimed usage or condition of the Easerrent Area arising
in any manner whatsoever, directly or indirectly by reaa:::m of this grant of easerrent
to GRANTEE for the use and occupancy of GRANTOR'S premises by GRANTEE, its employees,
agents, contractors or any representative, and (e) that GRANTEE covenants not to in-
terfere with GRANTOR'S facilities in any manner whatsoever and shall fully indemnify
GRANTOR from any and all losses as in Section II (d) II above resulting from such inter-
ference.
19. That upon GRANTEE'S breach of any condition contained herein, this
Easement Agreement after written notification by GRANTOR to GRANTEE of such breach,~
and upon failure of GRANTEE to remedy or remove such breach wi thin a period of eo
working days after receipt of such written notification, shall become null and void
and all grants and rights contained herein shall thereupon immediately terrrrrnate and
revert to the GRANTOR in absolute, it being expressly understood and agreed that L~e
GRANTEE shall be liable for any and all losses as mentioned in Paragraph 18 above
occurring up to the effective date of such terrrrrnation. GRANTEE further covenants
to reimburse GRANTOR for any monies expended before or after termination by GRANTOR
to return the Easement Area to its original condition.
20. That this Agreement is personal to GRANTEE and shall not be assigned
or transferred in whole or in part without the express written consent of GRANTOR.
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O.R~ 526 g PAGE 868
21. That the validity of this Agreement is contingent upon GRANTEE first
obtaining proper zoning, authority, approval and/or permit from the appropriate
governmental body or public agenCl' having jurisdiction over such utilization at
this location. If such zoning, authority, approval, and/or permit is not secured,
this Agreement will be considered null and void.
22. That the validity of this Agreement is contingent upon GRANTEE first
obtaining letters of no objection from the adjoining neighbors at this location.
If such letters of no objection are not secured, this Agreement will be considered
null and void.
23. That upon completion of operations, GRANTEE shall notify GRANTOR'S
Superintendent of Transmission Rights-of-Way heretofore mentioned in above paragraph
I for inspection of the Easement Ar ea.
IN WITNESS WHEREOF, the aforesaid Parties have caused these presents to be
signed in their respective names by their proper officers thereunto duly authorized
and their respective corporate seals to be hereunto affixed and attested, all as of
the day and year first above written.
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~igned, sealed and delivered 4,.... rOw~';:~~FlDRIDA POWER CORPORATION
In the presence of: /5' lESt,!. DEi", ';') as GRANTOR)
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Date -I
7Zd 11 ~
vi e Pre~.ident
Attest:
t!1tf~.~ ..
, As . Secretary
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Signes, sealed and delivered
in the presence of:
CITY OF CLEARWATER,~...'"
(as ) ..
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Attest: ,'I " .
(%i'M4j',:bd~ "J
'. " ctty Clerk
Countersigned:
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O.R. 5 2 6 9 PAGE 8 6 9
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EXHIBIT "A"