NATURAL GAS AGREEMENTS (017)
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DUPLICATE
ORIGINAL
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CITY OF CLEARWATER EAST
METER AND REGULATOR STATION
PINELLAS COUNTY, FLORIDA
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PIPELINE EASEMENT AND METER SITE LEASE
THIS AGREEMENT, made and entered into this S,V'-'
day of 4,...-Z:,",~~'
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1972, by and between the CITY OF CLEARWATER, hereinafter referred to as "CLEARWATER",
and FLORIDA GAS TRANSMISSION COMPANY, a Delaware corporation, hereinafter referred
to as "FLORIDA",
WITNESSETH:
County,
THAT, WHEREAS, PLEARWATER is the owner of
Florida, commonlyl referred to as CLEARWATER
certain property within Pinellas
EAST METER AND REGULATOR STATION,
and
WHEREAS, FLORIDA has a contract with CLEARWATER for the sale of natural
gas to CLEARWATER for a period of ten (10) years from the date of first delivery
of natural gas to CLEARWATER;
WHEREAS, delivery of gas by FLORIDA to CLEARWATER will commence at the
Meter and Regulator Station of FLORIDA;
WHEREAS, FLORIDA desires to locate a pipeline, and meter and regulator
facilities at the CLEARWATER EAST METER AND REGULATOR STATION belonging to CLEARWATER;
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:
CLEARWATER does hereby grant, bargain and sell to FLORIDA an easement,
together with ingress and egress thereto, to construct, operate, maintain, replace,
repair or remove a pipeline, and gas regulating and metering facilities, over,
under, across and through the following described lands:
FLORIDA GAS TRANSMISSION COMPANY
M & R STATION DESCRIPTION
Start at the Southeast Corner of the SW-l/4 of the SW-l/4 of
Section 21, To,~ship 28 South, Range 16 East and run North
890 30' 25" West 33.00 feet; thence run North 00" 03' 20"
West 21.00 feet; thence run North 890 30' 25" West 127.00
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feet, for a POINT OF BEGINNING; thence run North 00" 03'
20" West 60.00 feet; thence run South 89" 30' 25" East 60.00
feet; thence run South 00" 03' 20" East 60.00 feet; thence
run North 89" 30' 25" West 60.00 feet to POINT OF BEGINNING.
FLORIDA GAS TRANSMISSION COMPANY
PIPELINE & INGRESS & EGRESS EASEMENT
Start at the Southeast corner of the SW-l/4 of the SW-l/4 of
Section 21, Township 28 South, Range 16 East and run North 89"
30' 25" West 33.00 feet; thence run North 00" 03' 20" West
6.00 feet, for a POINT OF BEGINNING; thence run North 890
30' 25" West 127.00 feet; thence run North 000 03' 20" West
15.00 feet; thence run South 890 30' 25" East 127.00 feet;
thence run South 000 03' 20" East 15.00 feet to POINT OF
BEGINNING.(072672j)
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TO HAVE AND TO HOLD said easement for a period of ten (10) years from first
delivery of gas by FLORIDA to CLEARWATER and from year to year thereafter unless
and until terminated by CLEARWATER or FLORIDA.
FLORIDA further agrees to indemnify and at all times save CLEARWATER
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, whether valid or groundless, made by any third party/ies against CLEARWATER,
because of any or in
con~ection with any act or omission (actual or claimed) of
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repr!esentatives, employees, contractors or assignees, arising
FLORIDA, its agents,
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 third persons against CLEARWATER or its property because of labor,
services, materials or any other subject of lien furnished FLORIDA, and those by
reason of failure of FLORIDA to abide by any and all valid applicable laws, State
or Federal, or regulations of governmental authorities thereunder, and FLORIDA
does hereby agree to indemnify and save harmless CLEARWATER, its officers, agents
and employees against any claim or liability from or based on the violation by
FLORIDA, its agents, empl~yees, 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.
FLORIDA further agrees to construct, operate, maintain, replace, repair
or remove the structures in an efficient manner commensurate with standards in
the nautral gas industry.
FLORIDA agrees to pay all ad valorem taxes, personal property taxes or
any other type of taxes accruing by reason of the construction, operation and
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maintenance of installations on the foregoing tract by FLORIDA.
IT IS AGREED AND UNDERSTOOD that FLORIDA shall not have the right to
assign any rights hereunder without the written consent of CLEARWATER, except
all of the rights of the Grantee hereunder may be assigned to a Trustee or
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Trustees under a deed and 'mortgage as security for indebtedness of the Grantee and
such rights may be further assigned in connection with the enforcement of any such
deed of trust and mortgages; the obligations hereunder of Grantee may be performed
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by such Trustee or Trustees or any further assignee without releasing Grantee
therefrom but neither such assignment, the acceptance thereof nor any performance
hereunder by such Trustee or Trustees or further assignee shall obligate such
Trustee or Trustees or assignee to perform such obligation.
THE TERMS AND CONDITIONS hereof shall be binding upon and inure to the
benefit of the heirs, executors, administrators, devisees, successors, trustees
or assigns of the parties hereto.
Executed this l?:d~ day of~~..f-vv', 1972.
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WITNESSES:
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day of
WITNESSES:
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Approv}'d as to form & correctness:
L-;t{~~~
City Attorney /
CITY OF CLEARWATER
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ATTEST:
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, 1972.
FLORIDA GAS TRANSMISSION COMPANY
By
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H. L. Wilhite, Exec. Vic,:<t"es',"
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ATTEST: _ _c .
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M. J. Aberwald, Asst. Sec.
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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 and County aforesaid to take acknowledgments, personally
Merrett R. Stierheim, H. Everett Hougen, Herbert
appeared M. Brown and R. G. Whitehead , to me known and
known to
as its
be the persons described in and who executed the foregoing instrument
City Manager, Mayor_Co!!,missioner, ,
City Atforney and Clty Clerk , respectlvely, of the
municipality named therein, and severally acknowledged before me that they
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executed the same as suchlofficers in the name and on behalf of said municipality.
WITNESS my hand and official seal in the State and County aforesaid
this
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day of
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, 1972.
~~/ '-LId/. /
Notary Public
.. My commission expires:
tlolary Publi" Slale 01 Florid. al hrG'
MV C"m""Ei,n bpi,", Od. 22, 1914
kl.lkd by An,,=ricH. Fin! ~ ~ ~
STATE OF FLORIDA )
) SS.
COUNTY OF ORANGE )
I hereby certify that on this day before me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally appeared
H. L. Wilfuite
and
W. J. Aberwald
to me known and known to be the persons described in and who executed the
foregoing instrument as its
Exec. Vice
President and Asst.
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 official seal in the State and County aforesaid
this
19th
day of
September 1972
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No ary Public ~_ ':.:" >'_ .
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My commission expires:
N"otary Public, State of Florida at largP.
My Commission Expi-res July 17, 1976
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FLORIDA GAS TRANSMISSION COMPANY
GENERAL OFFICES. ORLANDO AND ORANGE AVENUES. P.O,BOX 44 . WINTER PARK, FLORIDA. 32789 . TELEPHm,E 644-2210
September 19, 1972
Mr. W. C, Stopher
Utilities Director
City of Clearwater
P. O. Box 4749 ,
Clearwater, Florida 33518
Re: City of Clearwater East
Meter and Regulator Station
Dear Mr. Stopher:
We acknowledge receipt of and thank you for expediting
Pipeline Easement and Meter Site Lease.
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We enclose the duplicate original duly executed by
officers of our Company. We are recording the original
in the official Records of Pinellas County and will
forward the recording information as soon as available.
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Sincerely,
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(Ms. )Gladys Books
Administrative Assistant
Right-of-Way Department
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Encls.
RECEl',tED
~; E p ~:. ). ':072
Utili'.il'S [l~"'::'.,,~i':ll
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