HomeMy Public PortalAboutGulf Power Removal AgreementCity of Crestview
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Year
11111,111
2013
5/3/2019
REMOVAL AGREEMENT
THIS AGREEMENT is made and entered into effective as of the last date set forth
below, by and between Gulf Power Company, a Florida corporation, the Party of the First Part
(herein "Gulf Power") and The City of Crestview, Florida, a Municipal Corporation, the Party
of the Second Part (herein "Crestivew");
WITNESSETH:
WHEREAS, Gulf Power is the owner of certain real property in Okaloosa County,
Florida, with a street address of 301 Cadle Drive, Crestview Florida, 32536, as more particularly
described in Exhibit "A" attached hereto and incorporated herein by referenced (the "Real
Property");
WHEREAS, Crestview has requested that it be allowed to remove a one story shed (but
not the concrete slab) and associated lift station from the Real Property, and Gulf Power has
agreed to allow Crestview to do so, upon the terms and subject to the conditions hereinafter set
forth;
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
and conditions hereinafter set forth, and for other good and valuable consideration, the parties
hereby agree as follows:
1. The above Whereas clauses/recitals are incorporated by reference in this
Agreement and are intended by the parties to be part and parcel of the agreed upon terms of the
Agreement and binding upon the parties to the extent they bind the parties to actions or restraint
from actions or otherwise define the relative rights o the parties to this Agreement.
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2. At any time on or before +229, 2013 (the "Removal Deadline"), Crestview
may go on the Real Property for the sole purpose of removing said one story shed and associated
lift station from the Real Property. It is understood that the concrete slab will remain.
Notwithstanding any contrary provision in this Agreement, Crestview shall not go on the Real
Property for any other purpose, nor for any purpose whatsoever after the Removal Deadline.
Crestview shall have no right to remove the above -described item(s) or any other property of any
nature whatsoever from the Real Property after the Removal Deadline without the prior written
consent of Gulf Power.
3. Crestview shall not remove any other property or other improvements on the Real
Property, other than the specific item(s) listed in paragraph 1 above, without the prior written
consent of Gulf Power.
4. Gulf Power makes no representations or warranties, express or implied, as to the
condition, usefulness, working order, merchantability or fitness for any purpose of the item(s)
listed in paragraph 1 above or any other items removed or to be removed by Crestview from the
Real Property, and Crestview hereby accepts all such property in its "AS IS, WHERE IS, WITH
ALL FAULTS" condition as of the date of this Agreement. Without limiting the generality of
the foregoing, Gulf Power hereby expressly disclaims any and all implied warranties as to the
condition or use of such property, including without limitation any and all implied warranties of
merchantability and fitness for any particular purpose.
5. Crestview expressly agrees that Crestview shall not suffer, allow or permit any
helper, contractor, employee, agent, or other person (other than Crestview) to go on the Real
Property unless such person has first executed and delivered the written Assumption of Risk and
Release of Liability appearing at the end of this Agreement.
6. Crestview will keep in force at its own expense, throughout the term of this
Agreement, general public liability and property damage insurance with respect to the business
operated by Crestview, including its activities on the Real Property, through the Municipal
League of Cities, which insurer is believed to be comparable to companies licensed to do
business in the State of Florida and rated A- or better in the then most current issue of Best's
Insurance Reports, with coverage of not less than $1,000,000.00 per occurrence and
$1,000,000.00 aggregate.
The
applicable insurance policy shall insure the performance by Crestview of its indemnity
agreement as to liability for injury to or death of persons and injury or damage to property as
provided for in paragraph 7 hereof. All of such insurance shall be primary with any insurance
which may be carried by Gulf Power.
7. Crestview covenants and agrees that Gulf Power shall not at any time or to any
extent whatsoever be liable, responsible or in anywise accountable for any loss, injury, death or
damage to persons or property which at any time may be suffered or sustained by Crestview or
by any other person whosoever may at any time be using, occupying or visiting the Real
Property or be in, on or about the same, whether such loss, injury, death or damage shall be
caused by or in anywise result from or arise out of any act, omission or negligence of Crestview
or of any helpers, contractors, employees, agents, visitor or user of any portion of the Real
Property, or shall result from or be caused by any other matter or thing whether of the same kind
as or of a different kind than the matters or things above set forth. To the extent of the policy
limits of its applicable insurance coverage, or if there be no applicable insurance coverage, then
in an amount not greater than $200,000.00 for any one person or not greater than a total of
$300,000.00 in amount for any one incident or occurrence, Crestview shall indemnify, defend
and hold Gulf Power harmless of, from and against any and all claims, liability, loss or damage
whatsoever on account of any such loss, injury, death or damage, except to the extent caused by
the gross negligence or intentional misconduct of Gulf Power, its agents, employees or
contractors. Crestview hereby waives any claims against Gulf Power for damages to the property
of Crestview in, upon or about the Real Property, and for injuries to persons or property in or
about the Real Property, from any cause arising at any time, except to the extent caused by the
gross negligence or intentional misconduct of Gulf Power, its agents, employees or contractors.
8. Crestview, for itself and its successors and assigns, to the extent of the policy
limits of its applicable insurance coverage, or if there be no applicable insurance coverage, then
in an amount not greater than $200,000.00 as to any one person or not greater than a total of
$300,000.00 in amount for any one incident or occurrence, does hereby assume all risks of death
2
and personal injury to any and all persons whomsoever (including without limitation Crestview
and Crestview's helpers, contractors, employees and agents) and loss or damage to the property
of any and all persons whomsoever (including without limitation Crestview and Crestview's
helpers, contractors, employees and agents) arising from, out of, in connection with or by reason
of Crestview's activities upon the Real Property, and further hereby releases Gulf Power, its
officers, directors, employees, agents and representatives, from any and all liability and
obligation to Crestview of any nature whatsoever, including but not limited to any liability
arising out of the negligence of Gulf Power, its officers, directors, employees, agents or
representatives, but not out of gross negligence or intentional misconduct, arising from, out of, in
connection with, or by reason of Crestview's activities upon the Real Property.
9. Subject to the provisions of paragraphs 5, 6 and 7, nothing in this Agreement is
intended to nor shall be construed to waive Crestview's rights and immunities under the Florida
Constitution, Common law, and Florida Statutes Section 768.28, as amended from time to time.
10. This Agreement contains the entire agreement and understanding between the
parties with respect to the subject matter hereof, and all prior negotiations, agreements and
understandings between the parties are hereby superseded.
11. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
GULF POWER COMPANY,
a Florida tion
By:
Print Name: Bentina C Terry
Title:
Attest:
Print Name:
Title:
Dated:
Vice President
TERRY A. DAMS
(Party of the First Part)
3
THE CITY OF CRESTVIEW,
FLORIDA, A MUNICIPAL
CORPORATION
BY: i.LiLi
Print Name:
Title:
Atte t•
baki Ctt.d le
Print Name: i-i7Ta 4-444 m (.eto y
Title: 6 0 fa2ec._
Dated: -L / (� w
(Party of the Second Part)
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Assumption of Risk and Release of Liability
Each of the undersigned, for themselves and their respective personal representatives,
heirs, successors and assigns, do hereby assume all risks of death and personal injury to the
undersigned and loss or damage to the property of the undersigned arising from, out of, in
connection with or by reason of any activities of the undersigned upon the Property located at
, Florida, , as more particularly
described in Exhibit "A" attached hereto and incorporated herein by referenced, and further
hereby releases Gulf Power, its officers, directors, employees, agents and representatives, from
any and all liability and obligation to the undersigned of any nature whatsoever, including but
not limited to any liability arising out of the negligence of Gulf Power, its officers, directors,
employees, agents or representatives, arising from, out of, in connection with, or by reason of
any activities of the undersigned upon said Real Property.
Signature
Print Name:
Signature
Print Name:
Signature
Print Name:
Signature
Print Name:
Date:
Date:
Date:
Date:
Signature Date:
Print Name:
Signature _ Date:
Print Name:
Signature
Print Name:
Date:
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5
DESCRIPTION
(AS FURNISHED
"A PARCEL OF
WEST. OKALOOS
AS FOLLOWS:
<-f; LI-
Arr
Y OFFICIAL RECORDS BOOK 2668 PAGE 835)
ND LYING IN SECTION 36 OF TOWNSHIP 3 NORTH, RANGE 24
COUNTY. FLORIDA AND BEING MORE PARTIUCLARLY DESCRIBED
COMMENCE AT ; E SOUTHWEST CORNER OF THE EIGHT EDITION OF COUNTRYVIEW
ESTATES AS REC RDED IN THE PLAT BOOK 17 PAGES 14 AND 15 OF THE
PUBUC RECORD OF OKALOOSA COUNTY, FLORIDA; THENCE ALONG THE EAST
RIIGHT-OF-WAY yNE OF CADLE DRIVE (50' R/W), SOUTH 08'05'13" WEST FOR A
DISTANCE OF 81.31 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 013'05'13"
WEST' FOR A DISTANCE OF 339.88 FEET; THENCE SOUTH 07'54'15" WEST FOR A
DISTANCE OF 4174.79 FEET TO THE NORTHERLY RIGHT-OF-WAY UNE OF ANTIOCH
ROAD; THENCE AL_ONG SAID NORTHERLY RIGHT OF WAY, 53.14 FEET ALONG THE
OF A CURV4ARCTO THE LEFT, SAID CURVE HAVING A RADIUS OF 365.92 FEET,
A CENTRAL MGOF 08'19'38", AND A CHORD OF 53.14 FEET WHICH BEARSNORTH 6718'50,WEST; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY NORTH
0754'15" EAST FOR A DISTANCE OF 430.45 FEET; THENCE NORTH 88'36'20"
WEST FOR A DISTANCE OF 348.53 FEET; THENCE NORTH 01'39'22" EAST FOR A
DISTANCE OF 45430 FEET TO THE NORTH BOUNDARY OF A 150 FOOT WIDE GULF
POWER EASEMEN THENCE ALONG SAID NORTH BOUNDARY, SOUTH 88'25'55"
EAST FOR A DI CE OF 406.19 FEET TO THE WEST RIGHT-OF-WAY UNE OF
LADLE DRIVE; TH CE ALONG SAID WEST RIGHT-OF-WAY, SOUTH 08'57'227 WEST
FOR A DISTANCE OF 151.47 FEET; THENCE LEAVING SAID WEST RIGHT-OF-WAY,
SOUTH 88'35'59 EAST FOR A DISTANCE OF 50.43 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINING 4.75 ACRES, MORE OR LESS. "
DONATION OF PROPERTY
GULF
POWER
A SOUTHERN COMPORT
Location: 3 0 C,cd la bRIvQ - C e s., f J i`,w Date: 3 —5 l
Donated To: -1,\v C, 1-1 e6 gh4 (),(Low
Description of Property: bo0,1a-(-isw
wo.s
o N! 2.6r041 1JJ k old / a Aid w 4.1 Avl
1rU u.{�Q")ua/ty 2. // re"- Fa/LAconni el�/G./
� I
S ,14u,`�, oxs
Estimated Fair market Value Today: $
a�
1y,s
Pp
Net Book Value at Retirement: $
Date Retired:
Reason for Donation: me.. 8.1Ic110 has ho.or. d +5 Aid/
.13a Sdb Ib� Po W P� 1)�J cr�i Gt��
1)0,JtAkry..i W ► l 011,4A,C)-ATR col 'lam g Pfii DA) Ti24.i4
Ala AJC,(3vj •
Approved:
Attest:
BY:
Vire President External A & Corporate Services
Terry A. Davis, Assistant Secretary
• �\\\
Fir al Officer
/f 3
Received By:
Date:
Date:
Date:
Date: °
3`8%13
300090
White - Investment Recovery
Yellow - Property Accounting Pink - Donee
DONATION OF PROPERTY
GuLFmi
POWER
A SOUTHERN COMPANY
Location: Date:
Donated To:
Description of Property:
Estimated Fair market Value Today: $
Net Book Value at Retirement: $
Date Retired:
Reason for Donation:
Approved: Date:
Corporate Services Director
Received By:
Date:
Date:
Vice President External Affairs & Corporate Services
Date:
Chief Financial Officer
300090
White - Investment Recovery
Yellow - Property Accounting
Pink - Donee