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TRUE COPY
<br />'i,- ATION ON LAST PAG
<br />Project No. 24-314 i... BUTLER, CLERK
<br />Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012
<br />that would (i) contribute to or constitute a violation of any local, state or federal
<br />environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any
<br />requirement to clean up or otherwise remedy or remediate a condition, (iii) give rise to
<br />any lien, liability, injunction, order, restriction, claim, expense, damage, fine or penalty,
<br />(iv) adversely affect human health or the environment at or near the Encroachment Area,
<br />or (v) constitute a violation of the terms of this Encroachment Agreement.
<br />4. COUNTY shall take reasonable steps to protect the Pipeline Facilities at all times
<br />during COUNTY's performance of any work associated with the Encroachment including
<br />maintaining a minimum of three feet (3) of cover over the subsurface Pipeline Facilities
<br />at all times.
<br />5. Should FGT need to remove any of the Encroachment within the Easement Area
<br />in order to construct, maintain, operate, repair, remove, replace or resize the Pipeline
<br />Facilities, COUNTY shall pay the cost of removing and replacing or reinstalling the
<br />Encroachment. In addition, all repair and maintenance work performed by FGT on its
<br />existing or additional Pipeline Facilities located on the Easement Area, shall be performed
<br />in a reasonable workmanlike manner and FGT shall restore the surface and grade of
<br />Owned Premises where the work is performed, but shall not be liable for loss, damage,
<br />or replacement to the Encroachment or any equipment and facilities that exist within the
<br />Easement Area, and in this regard, COUNTY hereby releases FGT and the FGT Entities
<br />from any and all liability for any such loss or damage.
<br />6. COUNTY acknowledges that future FGT operations on the Pipeline Facilities or
<br />the construction of homes or buildings in the vicinity of the Pipeline Facilities may
<br />necessitate that FGT have temporary construction easements to conduct the operations
<br />within the Easement Area or to upgrade the existing Pipeline Facilities in accordance with
<br />federal regulations. COUNTY agrees to provide FGT with temporary construction
<br />easements for additional workspace necessary to complete the operation or to upgrade
<br />the Pipeline Facilities and at no cost to FGT.
<br />7. This Agreement in no way constitutes a waiver by FGT of its rights to enjoy the
<br />Easement Area unencumbered by the construction, operation, maintenance or use of the
<br />Encroachment within the Easement Area.
<br />8. It is expressly agreed to by and between FGT and COUNTY that if COUNTY is
<br />in violation of any terms or conditions set forth in this Encroachment Agreement, FGT, at
<br />its option, may terminate FGT's consent to the Encroachment upon ten (10) days notice
<br />to the COUNTY; provided however, that any such termination shall not become effective
<br />if, within thirty (30) days from the receipt of such notice of termination, COUNTY cures
<br />such violation. COUNTY expressly agrees that if FGT terminates its consent to the
<br />Encroachment based upon COUNTY's failure to cure a violation of the Easement
<br />Agreement, the Encroachment Agreement, or both, COUNTY will continue to be bound
<br />by the terms of the Easement Agreement and the Encroachment Agreement, and
<br />COUNTY shall immediately remove any and all of the Encroachment which may be
<br />situated on the Easement Area, or if COUNTY fails to remove any and all of the
<br />Encroachment, FGT may, at its option, remove the Encroachment at the expense of
<br />COUNTY and without any liability whatsoever. If such violation by COUNTY constitutes
<br />or results in an emergency or a dangerous condition, FGT shall only be required to
<br />provide whatever prior notice is reasonable under the circumstances before exercising its
<br />rights to remove the Encroachment or otherwise cure the violation. The failure of FGT
<br />to exercise the option to terminate as to any such violation shall not constitute a waiver
<br />of FGT's future right to exercise such option as to the same or any future violation.
<br />COUNTY agrees to pay FGT's costs, including attorneys' fees and costs, arising out of
<br />the enforcement of the terms of the Easement Agreement, the Encroachment Agreement,
<br />or both. The remedies outlined herein are not exclusive and FGT does not waive any
<br />legal or equitable remedies.
<br />9. The provisions of the Easement Agreement, and all rights, powers, privileges,
<br />and duties, obligations, and liabilities created thereby, shall remain in full force and effect
<br />and are not affected hereby except to the extent and in the manner specifically and
<br />particularly set forth herein.
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