11-2264 Progress Energy - Wirz Trail Section I

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THIS AG EMENT ( "Agreement ") is made on this ,,)—X day oft , 2011, between FLORIDA POWER CORPORATION, a Florida corporation, d/b /a Progress Energy Florida, Inc. ( "Progress Energy "), whose mailing address is 299 First Avenue North, St. Petersburg, FL 33701, Attention: Corporate Real Estate Department, and the CITY OF CASSELBERRY, a Florida municipal corporation, whose mailing address is 95 Triplet Lake Drive, Casselberry, Florida 32707 ( "Casselberry "). WITNESSETH WHEREAS, Progress Energy is the owner of fee simple title to those certain parcels of real property located in Seminole County, Florida, more particularly described in that certain Warranty Deed recorded on June 13, 1967 in Official Record Book 618, Page 664 of the Public Records of Seminole County, Florida (Tax Parcel Numbers 21- 2130- 300 -004A -0000 and 21- 21-30- 300 - 004E -0000) upon which Progress Energy operates and maintains an electric substation in connection with the transmission and distribution of electric. power (the "Substation "); WHEREAS, Casselberry is proposing to construct its Wirz Trail Construction Project which will include the construction, operation and maintenance of recreational trails for use by the general public, and such project will run along the eastern perimeter of Progress Energy's Substation require easement interests over a portion of the Substation lands; WHEREAS, Casselberry has requested that Progress Energy grant to Casselbeny an easement over those portions of Progress Energy's Substation property described and depicted in EXIHIBIT `6A," attached hereto (the "Easement Area ") for purposes of constructing, utilizing and maintaining the Wirz Trail; WHEREAS, in exchange for Progress Energy's donation of a recreational trail easement over the Easement Area, Casselberry has agreed to include in the Wirz Trail Construction Project certain fencing, landscaping, driveway and other improvements to be provided, at Casselberry's cost, for the benefit of Progress Energy's Substation property; WHEREAS, in exchange for Progress Energy's grant of an easement to Casselberry for purposes of the Wirz Trail Construction Project within the Easement Area, Casselberry also committed to perform, at its own expense, ongoing maintenance of a landscape buffer Casselberry shall install along the S. Winter Park Dative frontage of Progress Energy's Substation; WHEREAS, Progress Energy wishes to grant a recreation trail easement to Casselberry for the Wirz Trail Construction Project, and to make the Easement Area available to the public for outdoor recreational purposes, including hiking, nature study and visiting scenic or scientific sites, without making any charge for entering or using the Easement Area, or any pant thereof, or deriving any profit from patronage of the general public; and, Page 1 of 5