NATURAL GAS AGREEMENTS
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CLEARWATER SOUTH GATE STATION
PINELLAS COUNTY, FLORIDA
AGREEMENT
THIS AGREEMENT, made and entered into this 1 gn,
day of
June
, 196~, by and between FLORIDA GAS TRANSMISSION
COMPANY, a Delaware Corporation, hereinafter referred to as "Florida",
and the CITY OF CLEARWATER, hereinafter referred to as "Clearwater",
WITNESSETH:
THAT, WHEREAS, Florida is the owner of certain property within
Pinellas County, Florida, commonly referred to as Clearwater South Gate
Station, and
WHEREAS, Florida has a contract with Clearwate~ for the sale
of natural gas to Clearwater for a period of twenty (20) years from the
date of first delivery of natural gas to Clearwater;
WHEREAS, delivery of gas by Florida to Clearwater has commenced
at Clearwater South Gate Station;
WHEREAS, Clearwater desires to locate its Check Measuring and
Odorizing Station at the Clearwater South Gate Station belonging to Florida;
NOW, THEREFORE, in consideration of one dollar ($1.00) and other
valuable considerations and the keeping of the conditions and covenants
herein contained, it is agreed as follows:
Florida does qereby grant, bargain and sell to Clearwater an
easement together with ingress and egress thereto, to construct, operate,
maintain, replace, repair or remove its Gheck Measuring and Odorizing
Station for receiving natural gas from Florida at the following described
premises':
A parcel of land 60 feet measured along Nursery Road and 100
feet deep and contiguous to a line that is 175 feet East of
and parallel to the center line of the steel tower transmission
line that is presently located and constructed in the ~ of SE~
of SE~ of Section 19, Township 29 South, Range 16 East, Pinellas
County, Florida, being more particularly described as follows:
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Conunencing at the NW corner of the NWi.'- of SEt of SEt of
Section 19, Township 29 South, Range 16 East, said point
being on the center line of Nursery Road, also known as
County Road No. 115, thence South 890 42' 35" East, along
said center line and along the North boundary of said NWt
of SE~ of SE~, 223.25 feet; thence South 00 50' 23" West
33.00 feet for the point of beginning, said point being
on the South right of way line of said Nursery Road, 33.00
feet from and at right angle to the center line of said
road, said point also being 175.00 feet Easterly from and
at right angle to the center line of Florida Power Corp-
oration's existing Higgins Disston 110 KV Transmission
Line; thence South 00 50' 23" West, parallel to the center
line of said transmission line, 100.00 feet; thence South
890 42' 35" East, parallel to t~ center line of said
Nursery Road, 60.00 feet; thence North 00 50' 2Y' East
100.00 feet to said South right of way line of Nursery
Road; thence North 890 42' 35'" West, along said South
right of way line, 60.00 feet to tie point of beginning,
containing 0.14 acres, more or less.
TO HAVE AND TO HOLD said easement for a period of twenty (20)
years from first delivery of gas by Florida to Clearwater or so long thereafter
as this easement may be extended or until the point of delivery of natural gas
by Florida to Clearwater is changed, whichever first occurs.
Clearwater agrees to construct at its cost and expense, prior to
construction of its check measuring and odorizing station, a chain link fence,
six (6) feet high, with a one (1) foot overhang, at a forty-five (45) degree
angle, to enclose the easement granted Clearwater together with such gates
as Clearwater may deem advisable. The gates are to have locks, and specified
employees are to be furnished keys so that they may aid in an emergency.
Clearwater further agrees to indemnify and at all times save Florida
free, clear and harmless from all loss, cost and expense (including outlay for
attorney's fees and other costs of making defense) of and from all claims and
demands, whe~her valid or groundless, made by any third party/ies against
Florida because of any or in connection with any act or omission (actual or
claimed) of Clearwater, its agents, representative, employees, contractors
or assignees, arising in any way from or in connection with the anticipated
construction, operation, maintenance, replacement, repair or removal, including,
without limitation of the generality, those because of negligence or faulty'
material or workmanship, those for liens by any third persons against Florida
or its property because of labor, services, materials or any other subject
of lien furnished Clearwater, and those by reason of failure of Clearwater
to abide by any and all valid applicable laws, State or Federal, or regulations
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of governmental authorities thereunder, and Clearwater does hereby agree
to indemnify and save Florida, its officers, agents and employees against
any claim or liability from or based on the violation by Clearwater, its
agents, employees, representatives, contractors or assignees of any Federal
or State laws, local by-laws, ordinances, regulations, or such orders and
decrees as exist at present and those which may be enacted later, or bodies
or tribunals having Jurisdiction over the anticipated construction, operation,
maintenance, replacement, repair or removal.
Clearwater agrees to construct, operate, maintain, replace, repair
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or remove the structures in an efficient manner commensurate with standards
in the natural gas industry.
Clearwater agrees to pay all ad valorem taxes, personal property
taxes or any other type of taxes accuring by reason of the construction,
operation and maintenance of installations on the foregoing tract by
Clearwater.
IT IS AGREED AND UNDERSTOOD that Clearwater shall not have the
right to assign any rights hereunder without the written consent of Florida.
Executed this 19th day of
June
, 1962
Approved as to form
and correctness:
/4LV-;~~e
, Ci ty t cfrney
CITY OF CLEARWATER
A~--
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/tY,Gler,k,: ". ....
City Manager
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By
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FLORIDA GAS TRANSMISSION COMPANY
ATTES T:
"U.,~"'"....-
Assi.s1:_ ,nt- Secretary
President
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STATE OF FLORIDA )
) SS
COUNTY OF PINELLAS )
I hereby certify that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid to
take acknow1edgrnsnts, personally appeared James R. Stewart, Herbert M, Brown,
and R. G. Whitehead and Robert T. We~therly
to me known and known to be the persons described in and who executed
the foregoing instrument as its City Manager, City X1itlilGl Attornev, Citv Clerk
and Mavor-Commissioner ,respectively, of the municipality named therein,
and severally acknowledged before me that they executed the same as such officers
in the name and on behalf of said municipality.
WITNESS my hand and official
19th day of June
seal in the County and State aforesaid
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this
My COIIlIIlission Expires:
NOt.HV Pu~,li,.,. <:! '- f" .
My Com ':';~~' '_.~ .:..'? r';C<ildCl;:;t larga'
8 'd nL,.~ or. .t:X:J.~8S. L"'''F~,?7 196h'
Of! ed by. f1mencan Surety_ r;.o~ Of.tL..l
STATE OF FLORIDA )
) SS
COUNTY OF PINELLAS )
I hereby certify that on this day, before me, an officer
duly authorized in the State afore.said and in the CounSY a~f .resaid to
take ackno dgment., ersona11y appeared .& Q. __..... ..-.-.
and (' , to me known and nown to be
the persons d cribed in and who ecuted the foregoing instrument as
its i/.......A. _ President and ;::/ J".J. . Secretary, respectively,
of the corporation named therein, and severally acknowledged before me
that they executed the same as such officers in the name and on behalf
of said corporation.
WITNESS my hand and offici7T seal in
aforesaid this / ::t.:xJ day of ~ J AA , ./
the County and State
, 196 :;2...
Jlk'~L.L/..AU\A/
Notary Public
My COIIlIIlission Expires:
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Notary Public Stale of FloriJa or lor
M C '. ge
y ommlssJOn Expires Jiln. 9th, ]964