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SELLERS AFFIDAVIT (2) ,. .~ I I SELLER'S AFFIDAVIT TO FLORIDA POWER CORPORATION STATE OF FLORIDA ) COUNTY OF PINELLAS ) SSe On this day before me, the undersigned author~ty duly authorized to take oath, personally appeared JAMES R. STEWART, who, being by me first duly sworn, on oath deposes and says that: 1. Affiant is the City Manager of the CITY OF CLEARWATER (hereinafter called "SELLER"), a municipal corporation, with full authority to make this affidavit for said SELLER. 2. SELLER, as an inducement to FLORIDA POWER CORPORATION (hereinafter called "PURCHASER") to purchase certain underground facilities shown on PURCHASER'S drawings indicated as Exhibit "A" and attached to Bill of Sale dated 1965, said facilities being required for certain underground electric street lighting service at the locations shown and described on Exhibit "B" attached hereto and by this reference made a part hereof, certifies as follows, to wit: (a) That all work, labor, materials, machinery and equipment furnished by the SELLER, or any subcontractor in the installation of the above referred to underground facilities, has been fully paid for by SELLER or any subcontractor, and that there are no amounts unpaid in favor of any person or persons furnishing labor and materials to SELLER or any subcontractor, of which any lien (commonly called a mechanic's or materialman's lien) has been or can be filed and/or perfected under the laws of Florida for work done or materials, machinery, or equipment furnished. (b) That SELLER does hereby indemnify and hold harmless the PURCHASER against any loss, cost or damage arising out of or by reason of the placing or filing or perfecting and foreclosure of liens against the real estate or the underground facilities installed thereon by SELLER or any subcontractor or by laborers or materialmen of the SELLER. 3. SELLER is making this affidavit for the purpose of inducing PURCHASER to purchase by Bill of Sale the above-referred-to underground facilities. ',,.- .~-"""'.....- -'- ~-.. -... ~ ,-' 'o,tnry Puh!:",:, !?'(-2'!"\ .r.~. . My Comm '5S;0 ..~ .,. ,0, 1 :OWl8 at Large Bonded bYA~~/.xp.res Dec. 27, 1965 . Ican Surety Co. of N. Y, , , ~" ,/ (1) ...-/ I I A portion of (a) ~ystone Avenue between Jeffords Street and Druid Road, together with an easement area extending in an Easterly direction for a distance of approximately 264 feet, (b) Keystone Court, Sandstone Court and Flagstone Court West of Keystone Avenue, (c) Spencer Street South of Magnolia Drive, (d) Duncan Avenue, South of Magnolia Drive, together with an easement area extending in a Westerly direction for a distance of approximately 156 feet. (Drawing #A-5794, dated 10/23/64) (2) A portion of (a) Imperial Way, East of Gateway Drive, (b) Embassy Drive North of Imperial Way, together with an easement area extending in an Easterly direction for a distance of approximately 120 feet, (c) Attache Court, West of Embassy Drive, together with an easement area extending in a Westerly direction for a distance of approximately 115 feet. (Drawing 1FR-648-B, dated 6/1/65) ./'" (3) A portion of (a) Claiborne Drive, North and West of Williams Drive-and South of Habersham Drive, together with an easement area extending in an Easterly direction for a distance of approximately 160 feet, (b) Claiborne Drive, South of Harn Boulevard and North of Habersham Drive, together with an easement area extending in an Easterly direction for a distance of approxi- mately 145 feet, (c) Habersham Drive, North and West of Williams Drive, together with an easement area extending in a Northerly direction for .a distance of approximately 110 feet, (d) Williams Drive, Northeasterly of Habersham Drive and Southwesterly of Harn Boulevard, (e) Harn Boulevard, South- easterly of Williams Drive, together with an easement area extending in a Southwesterly direction for a distance of approxi- mately 114 feet, (f) Flushing Avenue between Harn Boulevard and Charles Drive, (g) Hennesen Drive, between Flushing Avenue and Charles Drive, together with an easement area extending in a Southwesterly direction for a distance of approximately 125 feet, (h) Charles Drive between Flushing Avenue and Harn Boulevard, (i) York Drive, between Charles Drive and Ham Boule- vard, together with an easement area extending in a Westerly direction for a distance of approximately 150 feet. (Drawing 1F4286-B, dated 10/21/64) (4) A portion of (a).IWilliams Drive, Southwesterly of Harn Boulevard and South of Motning Side Drive, together with an easement area extending in a Northwesterly direction for a distance of approxi- mately 200 feet, (b) Morning Side Drive between Belcher Road and Williams Drive, together with an easement area extending in a Northerly direction for a distance of approximately 115 feet. (Drawitts #4214-B, dated 7/29/64) - (5) A portion of (a) Betty Lane, North of Druid Road, (b) Sally Lane, West of Betty Lane, together with an easement area extending in a Northerly direction for a distance of approximately 107 feet. (Drawing #R-522-B, dated 7/13/65) (6) A portion of (a) Washington Avenue, between Drew Street and Maple Street. (b) MAdison Street. between Drew Street and Maple Street,' (c) Betty Lane, between Drew Street and Maple Street. (Drawing.IR-623-C, dated 5/3/65) . all being within the corporate limits of the City of Clearwater, Pinellas County, Florida. " EXH\B\T .. B