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HomeMy WebLinkAbout2009 12 14 Consent 201 Authorize City Manager To Grant A Utility Easement To Progress Energy COMMISSION AGENDA Consent X Informational ITEM 201 Public Hearing Regular December 14, 2009 Regular Meeting Mgr. Dept. Authorization REQUEST: The Parks and Recreation Department is recommending the City Commission to authorize the City Manager to grant a Utility Easement to Progress Energy (FPL) from SR -434 to the back left side of the permanent dog park and approve the cost of $6,698.24 to provide underground service for the permanent dog park. PURPOSE: The purpose of this agenda item is for the City Commission to authorize the City Manager to grant a 10' Utility Easement to Progress Energy (FPL) and approve the cost of $6,698.24 to provide underground service for the permanent dog park. CONSIDERATIONS: This agenda item is needed to provide Progress Energy (FPL) a 10' Utility Easement to provide underground service for the permanent dog park. Progress Energy (FPL) provided a cost of $6,698.24 for the installation of underground service for the permanent dog park. The proposed easement is currently being completed and subject to the review of the City Attorney. Attached is a letter from Progress Energy (FPL), Utility Easement and Agreement, and Easement Sketch. FUNDING: $6,698.24 from FRDAP Grant Funds for the permanent dog park project (75% State Funding). Agenda Item Consent 201 December 14, 2009 Page 2 RECOMMENDATIONS: It is recommended that the City Commission authorize the City Manager to execute a 10' Utility Easement to Progress Energy (FPL) and approve the expenditure of $6,698.24 for the installation of the underground service for the permanent dog park. IMPLEMENTATION SCHEDULE: Under final review of the City Attorney, the Utility Easement will be conveyed to Progress Energy (FPL) for recordation and scheduling of the installation. ATTACHMENTS: Attachment #1: Letter from Progress Energy (FPL) Utility Easement and Agreement, and Easement Sketch. COMMISSION ACTION: ATTACHMENT #1 MUNICIPALITY EASEMENT INSTRUCTION SHEET Acceptable Signature: Mayor Two Witnesses Notary Each individual's name must be typed or legibly written under each signature line, including witnesses. NOTE: The address of the City must be typed or legibly written below the signatures on the designated lines. The acknowledgment must be fully completed, signed and sealed by the Notary. The Notary seal must be in black ink according to Florida State Statute 117.05. The Notary's name must be typed or legibly written below the signature line. Also, the information under the Notary's signature must be typed or printed in the spaces shown. The Notary must state if the person signing is personally known to him/her, and if the person did/did not take an oath. The form of identification presented to the Notary must be indicated (such as Florida Driver's License). Do not alter Easements without Progress Energy Florida, Inc.'s prior approval, as this form has been approved by the Florida Public Service Commission. ft AL Progress Energy ,i,% I Fr o ir. ,ex November 25, 2009 RE: 900 East State Road 434 Your Attention Requested Dear Valued Customer: Thank you for submitting a work request to Progress Energy Florida. We are committed to excellence in providing you with outstanding service. In order for us to get started as quickly as possible, we are asking that you sign and return the enclosed original invoice with your payment to: Progress Energy Engineering Office Attn: Alison Lour 2801 West State Road 426, Oviedo, FL 32765 A copy is provided for your records. Please do not remit payment for your regular monthly electric bill with this payment. This office accepts 'a ments for work authorizations and agreements only. For payment of electric bills, please visit our Web site to locate an authorized paystation near you. Upon receipt of your work authorization payment we will schedule your construction. We look forward to working with you on this project. If you have any questions, please call me at 407 -359 -4435. S'ncerely, -trix 2Se -''-z/- Cecil Roberts, Jr. Progress Energy 24 -hour Customer Service: 800.700.8744 Jamestown Operations 't 'o report an outage: 800.228.8485 2801 West State Road 426 4vww.progress- cnergy.com Oviedo, Florida 32765 k ,wr) INVOICE WR: 3416623 Progress Energy on����u���~ LI Work Authorization fl Job Order Bi IlinaAddress Information Customer Representatives Name CITY OF WINTER SPRINGS ALAN GREENE Address City State Zip 1126 E SR 434 WINTER SPRINGS FL 32708 Service Address Information Customer Representatives Name CITY OF WINTER SPRINGS ALAN GREENE Address City State Zip 900 E SR 434 WINTER SPRINGS FL 32708 Work Description COST IN AID OF CONSTRUCTION TO PROVIDE UNDERGROUND FACILITIES TO SERVE THE DOG PARK LOCATED AT 900 EAST STATE ROAD 434, WINTER SPRINGS PER CUSTOMER'S REQUEST. Out of Ratio Cost $6.698.24 Billing Method Terms of Paymen n ��»n���pnxon *.ayuu� uum �lCua�p|uo�am /n*m"ancv on",uownmeouoyoo*v, [Other oomp�|�nv,pp�xct Exp|aioum|mw Other Terms of Payment Ownership of completed project Date Payment Received ap"mmv^pponm LJCvxmm*r AGREEMENT The Customer is responsible for the cost, repair or replacement of (1) sod, trees, shrubbery or other plants damaged in the normal course of performing or gaining access to the above work, and (2) damage to non-Progress Energy underground wires, conduit, pipes or other utility facilities that have NOT been staked or located by owner of the facilities. Contract price and terms of payment become invalid if the signed agreement is not received by Progress Energy on or before 30 DAYS. The undersigned hereby authorizes and employs Progress Energy to perform the above job and to furnish labor, necessary facilities or equipment and or materials for the above job and agrees to pay in accordance with the terms of payment as noted above. Signature of Above Customer or Representative Date x Name (Please print or type) Authorizing Supervisor Date 'V /�-��n� 7 y Progress Energy Date: 11/25/09 ELECTRIC SERVICE PROPOSAL/AGREEMENT Enclosed is Progress Energy work request number 3416623, of our proposed electric distribution system for Winter Springs Dog Park Also enclosed is an agreement for underground electric service form which requires execution. The proposed system is based upon load information and building plans submitted to Progress Energy. Any changes in building design, project layout, service requirements or project scheduling may affect this system. Service within the project will be provided by underground, as shown on the drawing. Service voltage will be 120/241) volts, single phase three wire. Under the terms of Progress Energy's Commercial /Industrial Underground Distribution Policy as approved by the Florida Public Service Commission, there will be a charge of 6698.24 to be paid by the customer in advance, to aid in the construction of this underground system. This charge represents the cost differential fbr installing underground, as opposed to overhead facilities and concrete pole differential. in the event that you request or cause any changes to he made to this distribution system, you will be charged for all additional costs that Progress Energy incurs because of the changes. You will also be charged for all costs resulting from damages to our equipment or facilities caused by you, your employees, agents or subcontractors. It will be your responsibility to have all trench routes and transformer locations cleared with final grade established, prior to the installation of our facilities. All pertinent lot corners, street locations and underground utilities should be staked. You will be responsible for any damage to underground utilities resulting from your failure to accurately locate and mark such utilities prior to the installation of our facilities and for any costs incurred due to your failure to comply with the other responsibilities described above. No paving or sodding should be done on the trench routes until all necessary' cables or conduits have been installed. Page 2 JAMESTOWN SERVICE and CONSTRUCTION A Progress Energy Company 2801 West State Road 426- Oviedo, FI 32765 H H I I LOCATION SKETCH 0 829337 5183274 30 CiNTRAT. 40 C34 <5> X PI NDS P ARE 15 A W 749040 1431870 40 0690100 1 4 J SI 3 it 1 It Is 10 n e 1 1-- NAP BOOR PAGE 49 i 1 SECTION AA 16 1 1 1 SEt4IWOFi COIBRY PESEQT REQUIRED I 50 A 5182733 8009364 3 1 EASEMENT REQUIRED R 25 A 8009364 <6> 1431870 829336 40 <3>. 1 500 -3 sR 101 REQUIRED 0689770 30 R 1/0 -3 9R S 460 TREE TRIMMING REQUIRED 6049951 2> 169 R 1/0 3 Ili <4>— 50 <1>. 197 1 1 AAAC (1 W6099951 -1 365 65 A 7. OPEN 1 I 1 I STOMER CONTACT: C WINTER SPRINGS 1 1 I ALAN GREENE I ©I 1 1 I 407- 327 -6592 0 4 1 PROGRESS ENERGY CONTACT: CECIL ROBERTS JR I I 407 359 -4435 I E SR 4 3 4 I 321 228 -4885 UPGRADE EXISTING OVERHEAD AND PROGRESS ENERGY FLORIDA' ORE -JOS SAFETY BRIEFING REQUIRED BEFORE STARTING WORE INSTALL NEW UNDERGROUND TO SERVE NEW METER FOR CITY OF WINTER 900 SR 434 BT: =MU=: 190194 3416623 99Q: SPRINGS DOG PARK WINTER SPRINGS, FL. 32708 F N�a UPSTREAM PROTECTION DEVICE RTIOK C>a9u: s= 1 (FIELD d ICE FOR FOR ACCURACY) JT 35 /16/2009 100 AMP OE E TW :26 2098w :30 C. ACCESS 6049950 TAXING ADTBORITY: 1 JOS TYPE CONIISU CLOSED SOUTH SIDE OF 434 SnaNOLE Progress Ener Progress Energy will not be responsible for any repaving or resoddiiig made necessary by tlic installation of the facilities shown in this proposal. It will also be your responsibility to obtain and install: 1. Approved meter centers for the type of service indicated 2. All secondary cable For further information regarding meter requirements, please contact your local Progress Energy Engineering Representative. It will be the responsibility of Progress Energy to provide, and install and maintain all primary conductors, duets, transformers, and other facilities necessary to provide service to the designated points of delivery as indicated on the drawing. We will also provide all necessary easement documents, authorization forms, billing invoices, and contracts for execution by the customer. In order for us to proceed with the planning and detailed design of our system, it is necessary that you provide us with the following: 1. Payment of all charges 2. Executed easement documents All terms and charges of this proposal are valid ter 30 days from the date of this letter, after which time they are subject to change in accordance with our rates and tariffs as fled with the Florida Public Service Commission. Installation of our system will proceed relative to the scheduled and actual completion of the project. In the event that the installation of our system cannot be completed within 6 months of the date of this letter as a direct result of the progress of the entire project, that portion of our system which has not been installed may be subject to change in accordance with our filed rates and tariffs. If this Proposal /Agreement is acceptable to you, please execute one copy and return to this office as soon as possible, along with other documents and payment previously discussed. One copy of each document may be retained for your records. If there are any questions about this proposal, please do not hesitate to call: Cecil Roberts, Jr. at. 407 353 -0435 JAMESTOWN SERVICE and CONSTRUCTION A Progress Energy Company 2801 West State Road 426— Oviedo, FI 32765 v Progress Energy AGREEMENT FOR ELECTRIC SERVICE BETWEEN PROGRESS ENERGY (THE UTILITY) AND City of Winter Springs (THE APPLICANT) WHEREAS, the Utility owns and operates an electric distribution system in Seminole County. Florida, in which the Applicant owns a real property development to be known as City of Winter Springs Dog Park, (the Development" on which the Applicant has constructed or proposes to construct certain improvements; and WtIEREAS, the Utility desires to cooperate with the Applicant and to install an electric distribution system for the Development as described in the Utility's electric service proposal dated 11125109, including the various attachments specified therein, (the "Proposal which is incorporated herein, and made a pert hereof by this reference; NOW, THFRFFORF, in on nsideration of the premises and of the m utua! agreements hereinafter set forth, the parties hereby agree as follows: 1. Upon compliance by the Applicant with all of the provisions of the Proposal, in a manner acceptable to the Utility, the Utility shall install, operate and maintain an electric distribution system consisting of facilities and related equipment for providing electric service in accordance with the Proposal. Facilities will be provided for single phase service only, except as otherwise indicated in the Proposal. 2. The Applicant agrees to pay to the Utility the charge set forth in the Proposal to aid in the construction of the distribution system, which amount is to be paid before construction by the Utility commences. 3. In the event the Applicant makes or causes to be made, any changes in the distribution system shown in the Proposal, the Applicant agrees to pay the Utility all additional costs incurred by it as a result of such changes. The Applicant further agrees to pay the Utility for any damages to its equipment or facilities caused by the Applicant, its employees, agents, or sub- contractors, 4. The Applicant agrees to convey to the Utility, without cost, all easement rights, including ingress. necessary and convenient to the Utility for the purpose of constructing, operating, maintaining, and removing the distribution system. 5. The Applicant shall provide service entrance facilities in accordance with Proposal and the Rules and Regulations of the Utility, including the current published "Requirements for Electric Service and Meter Installations 6. Nothing in this Agreement shall be construed to have the effect of vesting in the Applicant any right, titre or interest in or to any distribution facilities, all of which shall be and remain the exclusive property of the Utility. 7. This agreement is subject to the regulatory jurisdiction of the Florida Public Service Commission and the terms and charges hereof are contingent upon any applicable changes approved or directed by the Commission to the Rules and Regulations or the Rate Schedules contained in the Utility's tariff. No other changes to this agreement shall be effective unless agreed to in writing. 8. This agreement incorporates all prior agreements between the Applicant and the Utility concerning the subject development and all other representations or understandings not set forth herein are superseded and ineffective. (Applicant) PROGRESS SS t NERGY l Cecil Roberts, .It•.. 'I'itle: Title: Distribution Design Specialist Date: Date: I I /25/09 JAMESTOWN and CONs A Progress Energy Company 2801 West State Road 426— Oviedo, Fl 32765 Progvss Energy DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns "GRANTOR"), in consideration of the mutual' benefits, covenants and conditions herein contained, does a hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation "GRANTEE Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and o maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said facilities being located in the following described "Easement Area" within GRANTOR'S premises in o SEMINOLE County, to wit: A 10.00 foot wide Easement Area defined as lying 5.00 feet on each side of GRANTEE's facilities to be installed at mutually agreeable locations over, across and through the following described property to accommodate present and O future development: eT A portion of the East 1/2 of Lot 3, Block D, of MITCHELL'S SURVEY OF LEVY GRANT on Lake Jessup according to the plat thereof as recorded in Plat Book 1, Page 5 of the public records of Seminole County, Florida, being more particularly described as follows: BEGIN at the intersection of the Northerly right of way line of the Lake Charm Branch Rail Corridor, a 40.00 foot right of way owned by CSX Railroad with the East line of said Lot 3; thence along said Northerly right of way line, run South 82 °52'56" West a distance of 201.42 feet; thence run North 07 °35'58" West a distance of 643.98 feet to the point of curvature of a curve concave East, having a radius of 550.00 feet, a central 0 angle of 23 °53'36 a chord of 227.70 feet which bears North 04 °20'50" East; thence run Northerly along the arc of said curve a distance of 229.36 feet to the point of compound curvature of a curve concave Southeast, having a radius of cn 166.98 feet, a central angle of 66 °56' 17 a chord of 184.18 feet which bears North 49 °45'47" East; thence run 1. Northeasterly along the arc of said curve a distance of 195.08 feet to the East line of said Lot 3; thence run along said East line South 07 °33'04" East a distance of 967.77 feet to the POINT OF BEGINNING. Containing 182,782 square feet or 4.20 acres, more or less. Tax Parcel Number: 26- 20- 30.5AR -OD00 -0030 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE's facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted b transformer. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. This document prepued by R. Alexander Glenn Return to: Progress Energy Florida. Inc. 3300 Exchange Place Lake Mary, Florida 32746 GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from any and all damages and injuries, whether to persons or property, resulting from interference with GRANTEE's facilities by GRANTOR or by GRANTOR' s agents or employees. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of ,200 GRANTOR: City of Winter Springs ATTEST: Name of Corporation Secretary President Printed or Type Name Printed or Type Name SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s) mailing address: Signature of First Witness Print or Type Name of First Witness Signature of Second Witness Print or Type Name of Second Witness State of ss County of The foregoing Easement was acknowledged before me this day of 200 by and its President and Secretary, respectively, of a (state) Corporation, on behalf of the Corporation who is/are personally known to me or who has/have produced as identification and who did/did not take an oath. CORPORATE SEAL NOTARY SEAL Name: Notary Public Serial Number My Commission Expires: Rev 10/08 Prowess Energy DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns ( "GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, does a,, n hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation ( "GRANTEE "), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and o maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service by GRANTEE, said facilities being located in the following described `Basement Area" within GRANTOR'S premises in 7o SEMINOLE County, to wit: c A 10.00 foot wide Easement Area defined as lying 5.00 feet on each side of GRANTEE's facilities to be installed at mutually agreeable locations over, across and through the following described property to accommodate present and �; n future development: E. C This easement is limited to underground facilities only with the exception of the pedestal that will be installed o 5 CD for the service to the new meter. y � A portion of the East 1/2 of Lot 3, Block D, of MITCHELL'S SURVEY OF LEVY GRANT on Lake Jessup according to the plat thereof as recorded in Plat Book 1, Page 5 of the public records of Seminole County, Florida, n being more particularly described as follows: BEGIN at the intersection of the Northerly right of way line of the Lake Charm Branch Rail Corridor, a 40.00 foot right of way owned by CSX Railroad with the East line of said Lot 3; thence along said Northerly: right of way line, run South 82 °52'56" West a distance of 201.42 feet; thence run North 07 °35'58" p West a distance of 643.98 feet to the point of curvature of a curve concave East, having a radius of 550.00 feet, a central o angle o 2353'36 ", a chord of 227.70 feet which bears North 04 °20'50" East; thence run Northerly along the arc of said curve a distan a of 229.36 feet to the point of compound curvature of a curve concave Southeast, having a radius of g. 166.98 feet, a cenal angle of 66 °56' 17 ", a chord of 184.18 feet which bears North 49 °45'47" East; thence run Northeasterly along the ae^ of said curve a distance of 195.08 feet to the East line of said Lot 3; thence run along said East line South 07°33'04" East a distance of 967.77 feet to the POINT OF BEGINNING. Containing 182,782 square feet or 4.20 acres, more or less. Tax Parcel Number: 26- 20- 30- 5AR -OD00 -0030 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non - exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE's facilities and provide a working space of not less than ten (10) feet on the ►�y opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted \ 0 0 transformer. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full expected cost of the relocation as estimated by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. This document prepared by R. Alexander Glenn Return to: Progress Energy Florida, Inc. 3300 Exchange Place Lake Mary, Florida 32746 ,. • GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises, and GRANTOR further covenants to indemnify and hold GRANTEE harmless from any and all damages and injuries, whether to persons or property, resulting from interference with GRANTEE's facilities by GRANTOR or by GRANTOR' s agents or employees. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this 21s t day of December , 200 9 . GRANTOR: City of Winter Springs � T � E " S � T: `�° N. .ie o e. ., • .tio l �wi I O� 4,,,„, " • A......,/ ecr etary Deputy City Clerk Mayor • Joan L. Brown John f ush Printed or Type Name Printed or Type Name - . SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Grantor(s) mailing address: d ° ' j of G7, / City of Winter Springs Signature of F'4* Witness 1126 East State Road 434 .yle Coutant Winter Springs, Florida 32708 Print • T se Name of First Witness ' de Si_..tu` S • d Witness Print or Type Name of Second Witness State of .1,�, jf ) ss County of z iff4Nit e ) The foregoing E Bement was acknowledged before me this l day of , 200 9 , by _ and N A9- , its President and cretary, respectively, of � ,./7,,,..&.,k, , a (state) � uCo d fatio on behalf of the Corpo 'on who is /ase personally rp n, rp P Y known to me or who has/have produced /1/r11- as identification and who did/did not take an oath. CORPORATE SEAL NOTARY SEAL / ' Name: Notary Public „e P(*,_ Notary Public State of Florida Serial Number: Carol A �& lMy Commission Expires: My Com 4milis '�orf�d►A Ex Tres04/ Rev 10/08 4 v Progress Energy AGREEMENT FOR ELECTRIC SERVICE BETWEEN PROGRESS ENERGY (THE uTIUTY) AND City of Winter Springs (THE APPLICANT) WHEREAS, the Utility owns and operates an electric distribution system in Seminole County, Florida, in which the Applicant owns a real property development to be known as Citv of Winter Springs Doss Park, (the "Development "), on which the Applicant has constructed or proposes to construct certain improvements; and WHEREAS, the Utility desires to cooperate with the Applicant and to install an electric distribution system for the Development as described in the Utility's electric service proposal dated 11/25/09, including the various attachments specified therein, (the "Proposal "), which is incorporated herein, and made a part hereof by this reference; NOW, THEREFORE, in consideration of the premises and of the mutual agreements hereinafter set forth, the parties hereby agree as follows: 1. Upon compliance by the Applicant with all of the provisions of the Proposal, in a manner acceptable to the Utility, the Utility shall install, operate and maintain an electric distribution system consisting of facilities and related equipment for providing electric service in accordance with the Proposal. Facilities will be provided for single phase service only, except as otherwise indicated in the Proposal. 2. The Applicant agrees to pay to the Utility the charge set forth in the Proposal to aid in the construction of the distribution system, which amount is to be paid before construction by the Utility commences. 3. In the event the Applicant makes or causes to be made, any changes in the distribution system shown in the Proposal, the Applicant agrees to pay the Utility all additional costs incurred by it as a result of such changes. The Applicant further agrees to pay the Utility for any damages to its equipment or facilities caused by the Applicant, its employees, agents, or sub- contractors. 4. The Applicant agrees to convey to the Utility, without cost, all easement rights, including ingress, necessary and convenient to the Utility for the purpose of constructing, operating, maintaining, and removing the distribution system. 5. The Applicant shall provide service entrance facilities in accordance with Proposal and the Rules and Regulations of the Utility, including the current published "Requirements for Electric Service and Meter Installations ". 6. Nothing in this Agreement shall be construed to have the effect of vesting in the Applicant any right, title or interest in or to any distribution facilities, all of which shall be and remain the exclusive property of the Utility. 7. This agreement is subject to the regulatory jurisdiction of the Florida Public Service Commission and the terms and charges hereof are contingent upon any applicable changes approved or directed by the Commission to the Rules and Regulations or the Rate Schedules contained in the Utility's tariff. No other changes to this agreement shall be effective unless agreed to in writing. 8. This agreement incorporates all prior agreements between the Applicant and the Utility concerning the subject development and all other representations or understandings not set forth herein are superseded and ineffective. (Applicant) PROGRESS ENERGY By: 7Z___</j BY: Cecil Roberts, Jr. Title: c, Title: Distribution Design Specialist Date: /2.- 47 /0' Date: 11/25/09 JAMESTOWN SERVICE and CONSTRUCTION A Progress Energy Company 2801 West State Road 426 — Oviedo, Fl 32765 c lProgres�s Energy INVOICE WR: 3416623 Work Authorization 0 Job Order Billing: Address Information Customer Representatives Name CITY OF WINTER SPRINGS ALAN GREENE Address City State Zip 1126 E SR 434 i WINTER SPRINGS FL 32708 Servi'ceAddress Information Customer Representatives Name CITY OF WINTER SPRINGS ALAN GREENE Address City State Zip 900 E SR 434 WINTER SPRINGS FL 32708 Work Description COST IN AID OF CONSTRUCTION TO PROVIDE UNDERGROUND FACILITIES TO SERVE THE DOG PARK LOCATED AT 900 EAST STATE ROAD 434, WINTER SPRINGS PER CUSTOMER'S REQUEST. Out of Ratio Cost $6,698.24 Billing Method Terms of Payment Contract Price $ 6,698.24 Oust 0Cost plus 15% © In Advance Ei On or before 20 days after ❑ Other Completion of project Explain below Other Terms of Payment Owne ip of completed project Date Payment Received Progress Energy ['Customer AGREEMENT The Customer is responsible for the cost, repair or replacement of (1) sod, trees, shrubbery or other plants damaged in the normal course of performing or gaining access to the above work, and (2) damage to non - Progress Energy underground wires, conduit, pipes or other utility facilities that have NOT been staked or located by owner of the facilities. Contract price and terms of payment become invalid if the signed agreement is not received by Progress Energy on or before .... 30 DAYS. The undersigned hereby authorizes and employs Progress Energy to perform the above job and to fumish labor, necessary facilities or equipment and / or materials for the above job and agrees to pay in accordance with the terms of payment as noted above. Signature of Above Customer or R presentative Date X -..... 1Z. /Z:T fi� i Name (Please print or type) eC-vi.,., t. s,,., ,-r tf, Ga " /7-4n. 4 -co.,� Authorizing Supervisor Date 4 4 2 ix X09 d_cchrprint wr_fin_quote