HomeMy WebLinkAbout2026-136A TRUE COPY
CERTIFICATION ON LAST PAGE
This Instrument Prepared By and Return To: RYAN L. BUTLER, CLERK
Right -of -Way Department/Amy Powell
Florida Gas Transmission Company
2301 Lucien Way, Suite 200
Maitland, Florida 32751
Project No.: 26-149
Tract No.: FLMEA-INDI-015, FLMEB-INDI-024
ENCROACHMENT AGREEMENT
JTIjIJ ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this _t? day of
to , 2026, by and between FLORIDA GAS TRANSMISSION COMPANY, LLC, a
Delaware imited liability company ("FGT"), with principal offices at 1300 Main Street, Houston, Texas
77002, INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), whose
address is 1801 27th Street, Vero Beach, Florida 32960 and CRE-JDG VENETIAN GROVE OWNER, LLC,
a Delaware limited liability company ("DEVELOPER"), whose address is 444 Seabreeze Boulevard, Suite
805, Daytona Beach, Florida 32118.
WITNESSETH THAT:
WHEREAS, FGT is the holder of an easement under the provisions of that certain Easement Grant
dated October 15, 1958, and recorded in Book 52, Page 90; and that Easement Grant dated August 9,
1967, and recorded in Book 263, at Page 49, all in Official Records, Indian River County, Florida;
("Easement Agreement"), covering lands located in Section 10, Township 33 South, Range 38 East, Official
Records, Indian River County, Florida as described in the Easement Agreement ("Lands"); and
WHEREAS, pursuant to the authority contained in the Easement Agreement, FGT has constructed
and currently operates and maintains a twenty inch (20") natural gas pipeline and a twenty-six inch (26")
natural gas pipeline and related surface and subsurface appurtenances, (collectively, the "Pipeline
Facilities"), across and through the Lands; and
WHEREAS, the COUNTY possesses right-of-way interests through the Easement Area, described
in Exhibit "B" attached hereto and made a part hereof for all purposes ("Property"), a portion of which is
encumbered by the FGT Easement and the Pipeline Facilities situated thereon; and
WHEREAS, the COUNTY has requested that DEVELOPER install a water main line within the
Easement Area (defined below), as such work in more fully described below; and
WHEREAS, the COUNTY consents to the installation of one (1) fourteen -inch (14") HDPE water main
under the pipeline via directional drill and across the FGT seventy-five foot (75') wide easement ("Easement
Area") and the Pipeline Facilities as depicted on Exhibit "C" attached hereto and made a part hereof
("Encroachment"), pursuant to the terms and provisions of this Agreement; and
WHEREAS, the COUNTY and DEVELOPER have been advised by FGT that FGT is a natural gas
transmission company and that FGT operates a high pressure underground natural gas Pipeline Facilities
through the Owned Premises; and
WHEREAS, the COUNTY and DEVELOPER has requested written consent from FGT to install,
construct, maintain, use, operate, repair, replace and enjoy the Encroachment upon a portion of the
Easement Area and in close proximity to the Pipeline Facilities; and
WHEREAS, FGT is willing to grant such consent upon the terms and conditions hereafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this
Encroachment Agreement, FGT and DEVELOPER agree as follows:
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RYAN L. BUTLER, CLERK
1.To the extent that FGT has the right to do so, FGT hereby grants consent to DEVELOPER to install,
construct, maintain, use, operate, repair, replace and enjoy the Encroachment on the Owned
Premises and the Easement Area, and in close proximity to the Pipeline Facilities, subject to
compliance with the following terms and conditions:
A. DEVELOPER hereby assumes all risks for damages, injuries, or loss to either property or
persons, caused by, or arising out of, or resulting from, or in any way associated with its
installation, construction, use, maintenance, repair or replacement of the Encroachment Area.
B. Upon completion of the work by the DEVELOPER, to the extent authorized in Section 768.28,
Florida Statutes, COUNTY hereby assumes all risks for damages, injuries, or loss to either
property or persons, caused by, or arising out of, or resulting from, or in any way associated
with the installation, construction, use, maintenance, repair or replacement of the
Encroachment Area.
B. The consent granted herein is limited exclusively to the proposed Encroachment upon the Owned
Premises within the Easement Area. DEVELOPER shall not alter the grade or permit such alteration
anywhere on the Easement Area without the prior express written consent of FGT.
C. DEVELOPER shall at all times conduct all activities on the Easement Area in such a manner
as not to unreasonably interfere with or impede the operation and maintenance of the Pipeline Facilities,
as conducted in the past, present or future, in any manner whatsoever.
D. Except as to the Encroachment, DEVELOPER shall not construct, plant or create additional
improvements of any kind, including but not limited to, fences, sheds, irrigation or drainage systems, utilities
other than the Encroachment, decking, pole barns, parking lots, roadways, pools, ponds, trees or shrubs
within the confines of the Easement Area without the prior express written consent of FGT.
E. DEVELOPER understands and agrees that FGT may not have the authority to grant
DEVELOPER permission to construct the Encroachment in the Easement Area. This Agreement merely
defines the terms by which FGT will not object. By executing this Agreement, the COUNTY as owner of
the Easement Area, grants permission for the Encroachment. The consent granted by this instrument shall
not constitute or be construed as a subordination, merger, assignment, conveyance or relinquishment of
any of the right, title and interest of FGT under the provisions of the Easement Agreement.
2. DEVELOPER agrees that the Encroachment and any additional approved improvements
constructed or installed in the Easement Area shall be constructed in accordance with the Engineering and
Construction Specifications detailed in Exhibit "A" attached hereto and made a part hereof. Installation,
construction, maintenance, repair and replacement of the Encroachment shall be the sole responsibility
and performed at the sole cost and expense of DEVELOPER.
3. A. DEVELOPER agrees, during the period of time that it is in use of the Easement Area, to
indemnify, protect, and hold harmless FGT, its parent, affiliates, subsidiaries, and their directors, officers,
employees, representatives, and agents (hereinafter "FGT Entities") from and against any and all actions
or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost or
expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, caused by, or
arising out of, or resulting from, or in any way associated with the installation, construction, use,
maintenance, repair or replacement of the Encroachment, or from the Developer's operation, maintenance,
use, or presence of FGT's Pipeline Facilities upon or in the vicinity of the Encroachment Area except where
such loss, cost, liability, or expense was proximately caused by the negligence or wrongful act or omission
of FGT or its employees.
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RYAN L. BUTLER, CLERK
B. To the extent authorized in Section 768.28, Florida Statutes, and subject to the limitations on liability
and recovery contained therein, from and after completion of the work by DEVELOPER, COUNTY agrees
to indemnify, protect, and hold harmless FGT, its parent, affiliates, subsidiaries, and their directors, officers,
employees, representatives, and agents (hereinafter "FGT Entities") from and against any and all actions
or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost or
expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, caused by, or
arising out of, or resulting from, or in any way associated with the installation, construction, use,
maintenance, repair or replacement of the Encroachment, or from the COUNTY's operation, maintenance,
use, or presence of FGT's Pipeline Facilities upon or in the vicinity of the Encroachment Area except where
such loss, cost, liability, or expense was proximately caused by the negligence or wrongful act or omission
of FGT or its employees.
In addition, and only to the extent authorized in Section 768.28, Florida Statutes, COUNTY agrees to
indemnify, defend and hold harmless FGT and the FGT Entities from and against any liability, damage,
claims, loss, cause of action, suit, proceeding, judgment, cost (including the cost or expense of
environmental response, removal or remediation activities), fees or expense, including reasonable
attorney's fees, arising from: (a) non-compliance with any laws, regulations and orders applicable to the
ownership or the operation and maintenance of the Encroachment on the Property and the Encroachment
Area described herein, and (b) any incidents, acts, releases, negligence, transactions or omissions, or
conditions on or affecting the Encroachment Area caused by, or arising out of, or resulting from, or in any
way associated with the installation, construction, use, maintenance, repair or replacement of the
Encroachment that would (i) contribute to or constitute a violation of any local, state or federal environmental
rule, regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to clean up or
otherwise remedy or remediate a condition, (iii) give rise to any lien, liability, injunction, order, restriction,
claim, expense, damage, fine or penalty, (iv) adversely affect human health or the environment at or near
the Encroachment Area, or (v) constitute a violation of the terms of this Encroachment Agreement.
DEVELOPER agrees to indemnify, defend and hold harmless FGT and the FGT Entities from and
against any liability, damage, claims, loss, cause of action, suit, proceeding, judgment, cost (including the
cost or expense of environmental response, removal or remediation activities), fees or expense, including
reasonable attorney's fees, arising from: (a) non-compliance with any laws, regulations and orders
applicable to the ownership or the operation and maintenance of the Encroachment on the Property and
the Encroachment Area described herein, and (b) any incidents, acts, releases, negligence, transactions
or omissions, or conditions on or affecting the Encroachment Area caused by, or arising out of, or resulting
from, or in any way associated with the installation, construction, use, maintenance, repair or replacement
of the Encroachment that would (i) contribute to or constitute a violation of any local, state or federal
environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to
clean up or otherwise remedy or remediate a condition, (iii) give rise to any lien, liability, injunction, order,
restriction, claim, expense, damage, fine or penalty, (iv) adversely affect human health or the environment
at or near the Encroachment Area, or (v) constitute a violation of the terms of this Encroachment Agreement.
4. DEVELOPER shall take reasonable steps to protect the Pipeline Facilities at all times during
DEVELOPER's performance of any work associated with the Encroachment, including maintaining a
minimum of three feet (3') of cover over the subsurface Pipeline Facilities at all times. Upon completion of
the work by DEVELOPER, COUNTY shall take reasonable steps to protect the Pipeline Facilities at all
times during COUNTY's performance of any work associated with the Encroachment including maintaining
a minimum of three feet (3') of cover over the subsurface Pipeline Facilities at all times.
5. Should FGT need to remove any of the Encroachment within the Easement Area in order to
construct, maintain, operate, repair, remove, replace or resize the Pipeline Facilities, until such time as the
work associated with the Encroachment has been completed by DEVELOPER, DEVELOPER shall pay the
cost of removing and replacing or reinstalling the Encroachment. Upon completion of construction of the
Encroachment, the COUNTY shall be responsible for all such costs. In addition, all repair and maintenance
work performed by FGT on its existing or additional Pipeline Facilities located on the Easement Area, shall
be performed in a reasonable workmanlike manner and FGT shall restore the surface and grade of Owned
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RYAN L. BUTLER, CLERK
Premises where the work is performed, but shall not be liable for loss, damage, or replacement to the
Encroachment or any equipment and facilities that exist within the Easement Area, and in this regard,
DEVELOPER hereby releases FGT and the FGT Entities from any and all liability for any such loss or
damage.
6. The COUNTY and DEVELOPER acknowledge that future FGT operations on the Pipeline
Facilities or the construction of homes or buildings in the vicinity of the Pipeline Facilities may necessitate
that FGT have temporary construction easements to conduct the operations within the Easement Area or
to upgrade the existing Pipeline Facilities in accordance with federal regulations. COUNTY agrees to
provide FGT with temporary construction easements for additional workspace necessary to complete the
operation or to upgrade the Pipeline Facilities and at no cost to FGT.
7. This Agreement in no way constitutes a waiver by FGT of its rights to enjoy the Easement Area
unencumbered by the construction, operation, maintenance or use of the Encroachment within the
Easement Area.
8. It is expressly agreed to by and between FGT and the COUNTY and DEVELOPER that if the
COUNTY or DEVELOPER is in violation of any terms or conditions set forth in this Encroachment
Agreement, FGT, at its option, may terminate FGT's consent to the Encroachment upon ten (10) days
notice to the COUNTY and DEVELOPER; provided however, that any such termination shall not become
effective if, within thirty (30) days from the receipt of such notice of termination, the COUNTY or
DEVELOPER cures such violation. The COUNTY and DEVELOPER expressly agree that if FGT terminates
its consent to the Encroachment based upon the COUNTY or DEVELOPER's failure to cure a violation of
the Easement Agreement, the Encroachment Agreement, or both, the COUNTY and DEVELOPER will
continue to be bound by the terms of the Easement Agreement and the Encroachment Agreement, and the
COUNTY or DEVELOPER shall immediately remove any and all of the Encroachment which may be
situated on the Easement Area, or if the COUNTY or DEVELOPER fails to remove any and all of the
Encroachment, FGT may, at its option, remove the Encroachment at the expense of the COUNTY or
DEVELOPER and without any liability whatsoever. If such violation by the COUNTY or DEVELOPER
constitutes or results in an emergency or a dangerous condition, FGT shall only be required to provide
whatever prior notice is reasonable under the circumstances before exercising its rights to remove the
Encroachment or otherwise cure the violation. The failure of FGT to exercise the option to terminate as to
any such violation shall not constitute a waiver of FGT's future right to exercise such option as to the same
or any future violation. The COUNTY and DEVELOPER agree to pay FGT's costs, including attorneys'
fees and costs, arising out of the enforcement of the terms of the Easement Agreement, the Encroachment
Agreement, or both. The remedies outlined herein are not exclusive and FGT does not waive any legal or
equitable remedies.
9. The provisions of the Easement Agreement, and all rights, powers, privileges, and duties,
obligations, and liabilities created thereby, shall remain in full force and effect and are not affected hereby
except to the extent and in the manner specifically and particularly set forth herein.
10. Notwithstanding the prior provisions herein, COUNTY agrees to assume all indemnification and
maintenance responsibilities belonging to DEVELOPER under this Agreement, post -dedication of the
Encroachment.
10. The COUNTY and DEVELOPER and FGT stipulate and agree that the statements and
information contained in the introductory paragraphs and recitations of this Agreement are true and correct
and are incorporated herein by this reference.
11. This instrument and the covenants and agreements herein contained shall extend to and be
binding upon the COUNTY and the COUNTY and DEVELOPER and the heirs, executors, personal
representatives, successors and assigns of DEVELOPER and upon FGT and the successors and assigns
of FGT and the benefits of this Agreement shall run with the land. This Encroachment Agreement may be
executed in counterparts, each of which when conformed shall be an original and all of which together shall
constitute a single document.
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Project No. 26-149
Tract No. FLMEA-INDI-015, FLMEB-INDI-024
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
The Company's consent for the proposed Encroachment under this Agreement shall remain valid
for a period of twelve (12) months from the day and year first above written. Any approved
construction started after the expiration date shall require (re)submitted plans and Company's separate
prior written approval, whether via email or recorded amendment, so as to allow Company to ensure its
facilities and/or policies have not been altered in the interim in such a way as would necessitate updated
requirements to the proposed improvements prior to construction.
IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above
written.
WITNESSES:
Name:
Address: 2301 Lucien Way, Ste 200 Maitland, FL
Name:
Address: 2301 Lucien Way, Ste 200 Maitland, FL
STATE OF FLORIDA
COUNTY OF ORANGE
"FGT"
FLORIDA GAS TRANSMISSION COMPANY,
LLC
DAVID SHELLHOUSE
VICE PRESIDENT
ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of , 2026, by DAVID SHELLHOUSE, VICE
PRESIDENT OF FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware limited liability company,
on behalf of the company. He is personally known to me or has produced
(type of identification) as identification.
(S E A L)
Notary Public
Name (Printed):_
My Commission Expires
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Project No. 26-149
Tract No. FLMEA-INDI-015, FLMEB-INDI-024
WITNESSES:
Address:
STATE OF FLORIDA
COUNTY INDIAN RIVER
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
"COUNTY"
INDIAN RIVER COUNTY \i\
By: —L-'L---—
\
Name: Deryl Loar
Title: Chairman �'.
The foregoing instrument was acknowledged before me by means of l physical presence or ❑
online notarization, this S? day of , 2026, by INDIAN RIVER COUNTY. He/She is
personally known to me or has produced (type of identification) as
identification. I I / i
Nc� Public
APPROVED AS TO FORM Name (Printed): 1Lt doi1
AND GA FICIENCY
BY
(QX-
CHRIS OPh -R A. HICKS
ASSISTAN COU -i Y ATTORNEY
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
6
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KATHLEEN M.ARDON
+i += MY COMMISSION 0 HH 679153
EXPIRES: May 26.2029
�ECF M1��
Project No. 26-149
Tract No. FLMEA-INDI-015, FLMEB-INDI-024
dci-i" tbPk,ins
q,5uJV ( U, F5l0d . 5LIe
Name: F .i I ctu, hard 5dY—'
Address: LH4 Sod -&U —A, I Ud.
S I t 3bs o" ibn u. , fl
STATE OF iO dGli
COUNTY &
The foregoing instrucntt was ac n wledged before me by means of/physical presence or ❑
online notarization, this 2� 'Thy of JLtL 2026, By Anand Jobalia, of CRE-
JDG Venetian Grove Owner, LLC, a Delawa a limited liability company. He/Sh is personally kno to
me or has produced (type gf identification) as i i n.
O 4110
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
"DEVELOPER"
CRE-JDG Venetian Grove Owner, LLC, a
laware ' ed liability company
y:
Name: Anand Jobalia
Title: President
Pri
5 ecc-
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Project No. 26-149
Tract No. FLMEA-INDI-015, FLMEB-INDI-024
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
EXHIBIT "A"
Attached to and made a part of that certain
ENCROACHMENT AGREEMENT
Dated J , 2026
By between
FLORIDA GAS TRANSMISSION COMPANY, LLC, INDIAN RIVER COUNTY
AND CRE-JDG VENETIAN GROVE OWNER, LLC
ENGINEERING AND CONSTRUCTION SPECIFICATIONS
1. No work can be done in FGT's easement property unless FGT has reviewed and approved the plans and an
agreement in writing has been entered into between FGT and DEVELOPER. Any encroachment consented to by
FGT shall not interfere with the operation, maintenance, and access of FGT's pipeline facilities, including but not
limited to, close interval surveys; leak detection surveys; pipeline patrol, pipeline marking and similar activities.
2. DEVELOPER shall provide a minimum of forty-eight (48) hours' notice to FGT prior to any installation,
construction, excavation, or demolition work on the easement area. To ensure further safety, DEVELOPER must
call appropriate ONE CALL for a locate by calling 811. An FGT representative must be present when any work is
done on the easement area. The onsite FGT representative will have the authority to shutdown work by the
DEVELOPER if the DEVELOPER's activities are judged to be unsafe by the FGT representative. The FGT
representative will be invited to participate in DEVELOPER's safety meetings. This provision applies each time
FGT's pipeline facilities are crossed.
Existing ground elevation is to be maintained.
4. For vehicles and/or construction equipment requesting approval to cross FGT's facilities, each crossing
location will be reviewed on a case -by -case, site -specific basis and will require the surveyed elevation of the pipeline
and/or facility verified by an FGT field representative to be performed by the party requesting the crossing
encroachment and submitted to FGT. The execution of a wheel load calculation must be completed and approved by
FGT prior to crossing FGT's facilities for every vehicle and/or construction equipment requesting to cross. FGT may
require matting or other suitable material be installed to achieve the necessary support for such crossing. This too will
be site specific and case -by -case only.
5. Where consent for roadway crossings has been granted, a minimum of forty-eight inches (48") of cover,
including thirty-six (36") of undisturbed or compacted soil, shall be maintained within the easement area. All roads
must cross the easement at a ninety degree (90°) angle.
6. Upon completion of paragraph 1, sidewalks, trails and bike paths may cross FGT's pipelines at a ninety
degree (90°) angle provided the width does not exceed forty-eight inches (48").
7. When crossing an FGT pipeline (via drill or open lay) DEVELOPER must visually verify the elevation of
the pipeline both vertically and horizontally, by an FGT approved method such as vacuum excavation with an FGT
field representative on -site at all times during this operation. When using directional drill method, a minimum
vertical clearance often feet (10') from the pipeline is required across the entire easement.
8. Where the encroachment includes utilities, all such utilities crossing the easement area must have a minimum
separation of twenty-four inches (24") between the utility and the FGT pipeline(s) at the point of crossing and must
cross at a ninety degree (90°) angle. No utilities shall be constructed between the surface of the easement area and the
top of the subsurface pipeline facilities unless agreed to in writing by FGT. No parallel utilities, structures, and/or
appurtenances are permitted within the easement area. All proposed aerial crossings will be reviewed on a case -by -
case basis.
9. Where consent for fiber optic, telephone and/or cable television lines has been granted, lines must be placed
in a rigid non-metallic conduit across the entire easement width with bags of concrete -mix placed directly above and
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RYAN L. BUTLER, CLERK
below the conduit across the confines of the easement. Orange warning burial tape must be placed a minimum of
18" directly above the cable across the width of the easement. Crossings must be clearly and permanently marked
on each side of the easement with permanent identification.
10. Where consent for utility lines has been granted, electric lines must be encased in pvc or steel throughout the
entire easement area. Cables energized to 600 volts or more must cross a minimum of three feet (3') below the
subsurface pipeline facilities, and also be encased in concrete, color coded red, across the entire easement width, and
have external, spiral wound, neutrals grounded on each side of the easement. The cable crossing should be clearly
and permanently marked on each side of the easement where permissible.
11. Where consent for fencing has been granted, the DEVELOPER must install and maintain a vehicle access
gate at least twelve feet (12') in width at each point in the fence line(s) crossing the easement area. Posthole
excavations for fencing placed on the easement area shall not be greater than eighteen inches (18") below the ground
surface elevation. No fence posts shall be placed over the pipeline facilities or closer than six feet (6') on either side
of the pipeline facilities. Any exceptions will be determined by FGT management. Any such fence shall be
constructed and maintained by DEVELOPER in such a manner that does not prevent FGT personnel from viewing
the easement area from the ground level through the fence(s) (i.e. no solid fences allowed). No fencing parallel to the
FGT pipeline facilities will be allowed within the easement area. FGT's access to its pipeline facilities shall be
maintained by DEVELOPER. If the gate is locked with DEVELOPER's lock, DEVELOPER shall provide FGT with
keys or allow a FGT lock to enable access.
12. No retention ponds, ditches or swales shall be allowed within the easement area.
13. No roto-mixing or vibrating machinery is allowed within the easement area.
14. When conducting pile driving operations, DEVELOPER shall adhere to a minimum separation of twenty-
five feet (25') from the outside edge of the FGT pipeline.
15. Excavations that expose the FGT pipeline must follow OSHA standards. Time will be allowed for a FGT
representative to inspect and make coating repairs as the subsurface pipeline facilities are exposed.
16. Twelve inches (12") of backfill around the subsurface pipeline facilities shall be sand or clean fill; free of
rocks and debris.
17. With prior approval, no more than twenty feet (20') of pipe shall be exposed at any given time; if more than
twenty feet (20') of pipe is to be exposed, all Standard Operating Procedures (SOP) must be adhered to, pressure
reductions must be scheduled at least one (1) year in advance and engineering stress calculations must be performed
by FGT Engineering and approved by FGT management prior to allowing any more than the twenty feet (20') of
exposed pipe.
18. With prior approval and an FGT representative on site at all times, excavation equipment equipped with
toothless buckets may be allowed to dig or excavate within three (3) feet of the pipeline facilities. All other
construction/excavation equipment will not be allowed to perform any excavation within three feet (3') of the pipeline
facilities. All mechanical excavation performed within three feet (3') of the pipeline will be performed parallel to the
pipeline (i.e. track -hoe may not reach over the pipeline to dig on the opposite side of the pipeline).
19. All excavation within twenty-four (24") from the top or thirty-six inches (36") from the side or bottom of the
pipeline shall be by manual means. After top exposure, excavation up to twenty four inches (24") from the side or
bottom of the exposed pipeline may proceed by mechanical means if the FGT representative is satisfied it may be
done safely with the equipment and operator available.
20. Barriers adequate to prevent vehicular damage to any exposed pipeline facilities shall be installed and
maintained at all times.
21. All FGT pipeline facilities, cathodic protection equipment, and test lead wires shall be protected from damage
by construction activity at all times.
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RYAN L. BUTLER, CLERK
22. No installation, construction, excavation, or demolition work shall be performed within the easement area on
weekends or holidays.
23. The DEVELOPER shall provide and install temporary construction fence along the easement boundaries for
the entire length of the proposed work area to preserve and protect the pipeline(s). The fence must be maintained for
the duration of the development or construction activity.
24. Where consent for landscaping has been granted, DEVELOPER shall not plant shrubs on the easement area
which are classified as "deep rooted" or are projected to exceed an eventual growth height of four (4) feet. Shrubs
shall be planted so that no part, at its ultimate growth, shall be closer than ten feet (10') to the pipeline facilities. No
trees shall be planted on the easement.
25. These Engineering and Construction Specifications may address activities on the easement area for which FGT
has not granted consent to DEVELOPER to include as part of the encroachment. Notwithstanding anything to the
contrary contained in these Engineering and Construction Specifications, FGT's consent is and shall be limited to the
encroachment as described and limited by the Encroachment Agreement to which this Exhibit is attached.
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Tract No. FLMEA-INDI-015, FLMEB-INDI-024
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
EXHIBIT "B"
Attached to and made a part of that certain
ENCROACHMENT AGREEMENT
Dated J , 2026
By(a d between
FLORIDA GAS TRANSMISSION COMPANY, LLC, INDIAN RIVER COUNTY
AND CRE-JDG VENETIAN GROVE OWNER, LLC
DESCRIPTION OF THE OWNED PREMISES
8d' street and 98th Avenue
Section 10, Township 33S, Range 38E
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Tract No. FLMEA-INDI-015, FLMEB-INDI-024
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RYAN L. BUTLER, CLERK
EXHIBIT "C"
Attached to and made a part of that certain
ENCROACHMENT AGREEMENT
Dated Li1Aj 20 , 2026
By d between
FLORIDA GAS TRANSMISSION COMPANY, LLC, INDIAN RIVER COUNTY
AND CRE-JDG VENETIAN GROVE OWNER, LLC
DESCRIPTION AND DRAWINGS OF THE ENCROACHMENT
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Project No. 26 44
Tract No FLMEA-INDI-015, FLMERm Dal
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A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
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Project No. 26-149
Tract No. FLMEA-INDI-015, FLMEB-INDI-024
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS ATRUE AND CORRECT
COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
RYAN L. BUTL CLERK
BY C.
DATE v� CP
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