11-2264 Progress Energy - Wirz Trail Section I

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5. All of Casselberry's activities and equipment used within the Easement Area in proximity to Progress Energy's electrical facilities shall, at all times, be in strict compliance with applicable provisions of the National Electrical Safety Code ( "NESC ") and the Occupational Safety and Health Act of 1971 ( "OSHA "). In particular, Casselberry shall adhere to all NESC provisions regarding clearances from electric conductors, and shall not use within the Easement Area any equipment capable of extending to a height in excess of twelve feet (12') above ground surface elevation. Casselberry is hereby notified, and Casselberry shall notify all of Casselberry's employees, agents and contractors engaging in Casselberry's activities upon the Easement Area (and all other persons using the Easement Area with Casselberry's knowledge, consent or permission, or under Casselberry's supervision or control), that extreme caution is necessary around Progress Energy's electrical facilities and related appurtenances. 6. Casselberry's use of the Easement Area shall be subordinate to Progress Energy's rights and interests. Progress Energy shall have the reasonable right to use the Easement Area, or any portion thereof, for any purpose not inconsistent with Casselberry's reasonable use and enjoyment of the Easement and exercise of the rights therein granted. Progress Energy shall not be liable for any damage or loss to Casselberry resulting from Progress Energy's normal use of the Easement Area. 7. Progress Energy makes no representation or guarantee that use of the Easement . Area for recreation al trail purposes will be completely compatible with the safe and efficient operation and maintenance of Progress Energy's existing and future electric facilities situated within Progress Energy's Substation property. In consideration of Progress Energy granting the Easement, Casselberry agrees to, and shall at Casselberry's expense, install and perpetually perform ongoing maintenance of; (a) a landscape buffer along the entire four -foot (4') high chain link fence at the eastern boundary of Progress Energy's substation, parallel and adjacent to S. Winter Park Drive, and (b) a permanent eight -foot (8') high PVC paneled fence along the entire northern boundary of Progress Energy's substation to provide a buffer from the surrounding neighborhood, and to relieve Progress Energy from all code and other local government requirements to install and maintain a screening hedge and associated irrigation improvements. All such improvement shall be constructed, installed, designed and located in substantial conformity with the plans attached hereto as EXHIBIT "C ". All fencing, landscaping, driveway and other improvements for the benefit of Progress Energy's Substation property which Casselberry has agreed to, and shall provide, at Casselberry's cost, as part of the Wirz Trail Construction Project are otherwise reflected in the Summary of Pay Items attached hereto as EXHIBIT "D" and /or in the Progress Energy Cost Estimate attached hereto as EXHIBIT "E." 8. Casselberry agrees to insure (or self - insure) and otherwise be responsible for Casselbeny's trail improvements in the Easement Area and Progress Energy shall have no liability or obligations with regard to Casselberry's trail improvements. Casselberry also shall carry, and shall cause all of its contractors and agents working within the Easement Area to carry, a sufficient policy of general liability insurance insuring against all risks to all persons or entities which may sustain property damage, death or personal injury as a result of the combined acts and omissions of Casselberry, Casselberry's employees, agents, contractors, lessees or Page 3 of 5