FLORIDA POWER CORPORATION (2)
CL-95 1/12/83 LB
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40 Rec . ~
41 DS
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Tot 1. If QJ-- TaIS EA,SEMENT AGREEMENT, Made this 24th day of January , 1983,
between FLORIDA POWER CORPORATION, a corporation of the State of Florida, whose
mailing address is P. O. Box 14042, St. Petersburg, Florida 33733, Party of the
First Part, GRANTOR herein, and CITY OF CLEARWATER, FLORIDA, a municipal corpora-
>- tion, whose mailing address is 10 South Missouri Avenue, Clearwater, Florida 33516,
~ Party of the Second Part, GRANTEE herein;
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ORIGINAL
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tOJ.5481 I'^GE 62.9
EASEMENT AGREEMENT
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~.~~ 1 1. That GRANTEE shall notify F. E. Badger, GRANTOR's Superintendent of
,~.t01; j Transmission Rights-of-Way (telephone: 813/866-5240, St. Petersburg), at least
. ~ 48 hours before commencing initial construction activities within the Easement
Area so that, if desirable, GRANTOR can have a representative present to observe
the activities.
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WITNESSETH: 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, and 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 installing and maintaining
100 LF. of 12" p.V.C. sanitary sewer (sometimes hereinafter collectively referred
to as "improvements") within the following described Easement A~~a1:t~W~ ~unty
of Pine lIas and State of Florida, to wit: ~1
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A IS-foot wide Easement Area lying within a certain segment of GRANTOR's
fee owned 100-foot wide transmission corridor traversing an east/west
course through the S~ of Section 32, Township 28 South, Range 16 East,
said IS-foot wide Easement Area being more particularly described as
is generally depicted on 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
improvements, together with all rights and privileges reasonably necessary or
convenient for the enjoyment or use thereof for the purposes herein described, ~
subject, however, to the following terms and conditions to which GRANTEE expres~
agrees : ''!l~ .,:,1.:"
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2. That GRANTOR expressly reserves unto itself, its successors, lessees and
00 assigns, the continued right to occupy and utilize the said Easement Area in any
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l(~ way or manner whatsoever, and the further right to require GRANTEE to relocate or
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~ remove the improvements described herein within 30 days after due notice should
".~ ~.; GRANTOR determine that such improvements would interfere with GRANTOR's future
2~ ~~ facilities or use of said fee owned 100-foot wide transmission corridor.
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~~ t3 i ~f 3. Any costs, attorney's fees or expenses incurred by GRANTOR in construing
~O' ~ or enforcing this Easement Agreement shall be borne by the GRANTEE.
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~ 4. That in the event GRANTEE should remove or abandon said improvements,
~ then the rights and privileges herein shall cease and terminate and the Easement
o Area shall revert to GRANTOR in its entirety.
5. That GRANTEE's operations, activities and equipment used within the Ease-
ment 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 engag-
ing in GRANTEE's activities upon said Easement Area with GRANTEE's knowledge and
under GRANTEE's supervision or control, ,that extreme caution is necessary around
all of GRANTOR's electrical 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 GRANTOR's consent to GRANTEE's use of the Easement Area is limited.
Such conditional and restricted consent creates privileges in the GRANTEE to use
the Easement Area only insofar as compliance with the conditions herein is
cont inued.
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7. 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.
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~~. 5481 PAGE 6'30
8. That GRANTOR shall not be liable for damage to GRANTEE's improvements
howsoever resulting from the use or occupancy of the premises by GRANTOR. GRANTOR,
however, shall not willfully cause undue damage to said improvements.
9. That GRANTEE, in and about the construction, operation, utilizatipn
maintenance of said improvements within GRANTOR's premises, and GRANTEE~
covenants, shall not therein interfere with the safe and efficient operation
maintenance of GRANTOR's facilities.
and
and
10. That nothing contained in this grant of easement or contemplated is
intended to or shall increase GRANTOR's liability for personal injury or death
or for any property damage, and it is hereby expressly understood and agreed by
the GRANTEE (a) that GRANTOR does not assume any such additional liability, (b)
that liability arising 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 satisfy to GRANTOR's satisfaction any and all com-
plaints, (d) that GRANTEE shall protect, defend, hold harmless and indemnify
GRANTOR from and against any and all actions, claims, damages and/or loss, includ-
ing costs and attorney's fees, occasioned by or growing out of any actual or
claimed usage or condition of the Easement Area arising in any manner whatsoever,
directly or indirectly by reason of this grant of easement 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 interfere with
GRANTOR's facilities in any manner whatsoever and shall fully indemnify GRANTOR
from any and all losses as in Section "(d)" above resulting from such interference.
11. 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 within a period of 5
working days after receipt of such written notification, shall become null and void
and all grants and rights contained herein shall thereupon immediately terminate
and revert to the GRANTOR in absolute, it being expressly understood and agreed
that the GRANTEE shall be liable for any and all losses as mentioned in Para-
graph 10 above occurring up to the effective date of such termination. 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.
12. 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.
13. 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 agency 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.
14. 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.
15. That upon completion of operations, GRANTEE shall notify GRANTOR's
Superintendent of Transmission Rights-of-Way heretofore mentioned in above
Paragraph 1 for inspection of the Easement Area.
16. That the validity of this Agreement is contingent upon its being
properly executed on behalf of GRANTEE to signify GRANTEE's acceptance of agree-
ment to abide by the terms and conditions. Failure to sign this Agreement and
return the marked copy to GRANTOR within 30 days from the date of agreement shall
automatically render the Agreement null and void.
17. That GRANTEE furnish GRANTOR with a set of as-built drawings within
thirty days of final construction.
18. The entire disturbed area within the right-of-way strip including
GRANTOR's patrol road shall be restored to a condition at least as good as that
which existed prior to construction.
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(o",a,5481 fAGE 631
19. That a free easily passable twenty foot (20') wide accessway be
retained along the length of the right-of-way strip and to all transmission line
structures,. in the event of emergency or normal maintenance and patrol conditions.
20. That no parking or storage occur under or near GRANTOR's facilities.
21. That GRANTEE shall not use a dragline or cable type crane within
GRANTOR's right-of-way strip.
22. 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 the right-of-way.
23. GRANTEE agrees to install permanent markers showing the location of the
underground facilities within the right-of-way. Said markers shall be GRANTEE's
responsibility at all tUnes.
24. That GRANTEE shall not install cathodic protective devices without first
notifying GRANTOR's Corrosion and Grounding Engineer, Edward R. Beeman at
813/866-5727, St. Petersburg.
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.
Signed, sealed and delivered
in the presence of:
FLORIDA POWER CORPORATION
(as GRANTOR)
By: ~ !~~ent
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Attest:
Signed, sealed and delivered
in the presence of:
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CITY OF CLE~R'\"'~TE.R.
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1-17- 83
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